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2021 Hawaii Revised Statutes
Title 19. Health
321. Department of Health
PART I. GENERAL AND ADMINISTRATIVE PROVISIONS
SERVICES SYSTEM
PROGRAM
MEDICALLY FRAGILE CHILDREN PART XXXVI. EMERGENCY RESPONSE STOCKPILE Part XXXVII. domestic violence fatality review
AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES
license program
- 321-1 General powers and duties of the department.
- 321-1.1 Development of environmental goals and objectives.
- 321-1.3 Domestic violence and sexual assault special fund.
- 321-1.4 Office of health care assurance special fund; deposits; expenditures
- 321-1.5 Primary health care incentive program; establishment.
- 321-1.6 Additional duties of the director.
- 321-1.7 Public health nursing services program.
- 321-1.8 Inspections; public notice.
- 321-1.9 Inspections; visits; state-licensed or state-certified care facilities.
- 321-1.65 Community health centers special fund.
- 321-2 General office.
- 321-2.5 Volunteer medical assistance personnel.
- 321-2.7 Preceptor credit assurance committee.
- 321-3 REPEALED.
- 321-4 Agents and inspectors.
- 321-4.3 Epidemiologists. The department of health may establish permanent or temporary exempt positions known as epidemiologists for the purpose of investigating diseases and injuries which threaten the public health and safety. The positions shall be appointed by the director without regard to chapter 76. [L 2008, c 78, §1; am L 2018, c 4, §2]
- 321-4.5 Inspection of food establishments. Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector. [L 1997, c 334, pt of §1]
- 321-4.6 Advisory council on food protection practices; created. (a) There is created within the department for administrative purposes only, an advisory council on food protection practices, whose members shall be appointed by the director of health, consisting of one representative from at least the following: (1) An organization representing the restaurant industry; (2) An organization representing the hotel industry; (3) An organization representing the food manufacturing industry; (4) An organization representing the food service industry; (5) A registered sanitarian from the department of health; (6) The University of Hawaii, food technology department; (7) The community college food service program; (8) A corporate chain restaurant doing business in Hawaii; and (9) A member of the general public. (b) Each member shall serve for a term of three years; provided that the director shall initially appoint three members to serve for one year, three members to serve for two years, and three members to serve for three years. No member shall serve for more than two consecutive three-year terms. (c) Vacancies occurring before the expiration of a member's term shall be filled by election of the council. Individuals elected to fill a vacancy shall serve only for the remainder of the unexpired term. (d) The council shall appoint from its members a chairperson, vice chairperson, secretary, treasurer, and any other officers that the council may deem necessary or desirable to carry out its functions. (e) Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties. (f) The council shall: (1) Advise the department on sanitation issues and food protection practices; (2) Review and advise the department, in consultation with the department of the attorney general, regarding the adoption of rules relating to sanitation and food protection practices; and (3) Advise the department on the incorporation of salient provisions of the most r
- 321-4.7 Producers of hand-pounded poi; exemption.
- 321-5 Contract for exchange of Hawaii personnel.
- 321-6 REPEALED.
- 321-6.5 Clinical laboratory test results. (a) Clinical laboratory test results may be provided to authorized persons for any purpose permitted under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated thereunder. (b) For purposes of this section, "authorized persons" shall include: (1) The provider ordering the test, or the provider's designee; and (2) Any covered entity as defined under 45 Code of Federal Regulations section 160.103 promulgated under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. [L 2010, c 72, §1]
- 321-7 Disbursement of moneys.
- 321-8 REPEALED.
- 321-9 Seal, rules and regulations.
- 321-10 Rules, adoption, effect.
- 321-10.5 Agricultural processing facilities; permits; priority.
- 321-11 Subjects of health rules, generally.
- 321-11.1 Medically accurate sexuality health education.
- 321-11.2 Adult foster homes.
- 321-11.3 REPEALED.
- 321-11.4 Fees for electronic applications and payments
- 321-11.5 Establishment of fees.
- 321-11.6 Genetically modified organisms.
- 321-11.7 REPEALED
- 321-11.8 Care homes; liability insurance; coverage.
- 321-11.9 Dental health facilities; health care facilities; use of latex gloves.
- 321-11.51 Sanitation permits; transfer. Sanitation permits that have not expired as of July 2, 1997, shall be transferable upon the sale of a food establishment; provided that such transfers are subject to the new owner agreeing to abide by the compliance schedule of the department of health. [L 1997, c 334, pt of §1] Revision Note "July 2, 1997," substituted for "the effective date of this Act".
- 321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians.
- 321-12.2 Tanning facilities; minors; penalties.
- 321-12.5 Certified forensic examination fees.
- 321-13 Regulation of certain other occupations.
- 321-13.5 Certified nurse aides; investigations of abuse and neglect.
- 321-14 License to practice certain occupations.
- 321-14.5 Hospitals; licensing.
- 321-14.8 Home care agencies; licensing.
- 321-15 Biennial registration; fees, failure to register; denial, suspension, or revocation of a license.
- 321-15.1 Definitions.
- 321-15.2 Background checks.
- 321-15.3 Criminal history disclosure of prospective care home resident.
- 321-15.5 REPEALED.
- 321-15.6 Adult residential care homes; licensing.
- 321-15.7 Penalty.
- 321-15.8 REPEALED.
- 321-15.9 Developmental disabilities residential services.
- 321-15.61 Adult residential care homes expanded admissions.
- 321-15.62 Expanded adult residential care homes; licensing. (a) All expanded adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.9. (b) The director of health shall adopt rules regarding expanded adult residential care homes in accordance with chapter 91 that shall implement a social model of health care designed to: (1) Protect the health, safety, civil rights, and rights of choice of residents in a nursing facility or in home- or community-based care; (2) Provide for the licensing of expanded adult residential care homes for persons who are certified by the department of human services, a physician, advanced practice registered nurse, or registered nurse case manager as requiring skilled nursing facility level or intermediate care facility level of care who have no financial relationship with the home care operator or facility staff; provided that the rules shall allow group living in the following two categories of expanded adult residential care homes as licensed by the department of health: (A) A type I home shall consist of five or fewer residents with no more than two nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department; and provided further that up to six residents may be allowed at the discretion of the department to live in a type I home; provided that the primary caregiver or home operator is a certified nurse aide who has completed a state-approved training program and other training as required by the department; and (B) A type II home shall consist of six or more residents, with no more than twenty per cent of the home's licensed capacity as nursing facility level residents; provided that more nursing facility level residents may be allowed at the discretion of the department; provided further that the department shall exercise its discretion for a resident presently residing in
- 321-15.63 Hospice services.
- 321-16, 16.1 REPEALED.
- 321-16.5 Special treatment facilities
- 321-16.6 Therapeutic living programs.
- 321-17 Vessels to carry diseased persons; penalty.
- 321-18 Penalty.
- 321-19 Delegation to counties.
- 321-20 Remedies.
- 321-21 Infectious wastes; management and disposal.
- 321-22 Long term care service development fund established.
- 321-22.5 Trauma system special fund
- 321-23 Catastrophic and traumatic emergency response program established.
- 321-23.3 Volunteer emergency medical disaster response personnel.
- 321-23.6 Rapid identification documents.
- 321-24 to 26 REPEALED.
- 321-26.5 Environmentally-sensitive cleaning and maintenance products for use in public schools; approved list of products.
- 321-27 Sanitation and environmental health special fund.
- 321-27.5 Audit of sanitation branch. The department shall perform annual audits of the sanitation branch to be completed by November 30 of each year, and shall include an audit of: (1) Fees collected; (2) The number and results of sanitation inspections; (3) The number of training seminars held; and (4) The cost of training personnel in the sanitation branch. [L 1997, c 334, pt of §1]
- 321-28 Traumatic brain injury advisory board.
- 321-29 Epidemiologic investigations.
- 321-30 Human placenta.
- 321-30.1 Medical cannabis registry and regulation special fund; established.
- 321-30.2 Civil monetary penalty special fund.
- 321-30.3 Default beverages offered with children's meals.
- 321-30.4 Cosmetics; animal testing; prohibition.
- 321-31 Functions of the department.
- 321-32 Epidemiological specialists.
- 321-33 Shaken baby syndrome.
- 321-34 Cytomegalovirus public education.
- 321-35 Department of education student physical examination follow-up assistance and consultations.
- 321-36 Definitions.
- 321-37 Child abuse and neglect secondary prevention programs.
- 321-38 Hawaii children's trust fund advisory committee.
- 321-41 Educational program.
- 321-42 Tumor clinics.
- 321-43 Statistical activities.
- 321-44 REPEALED.
- 321-45 Cancer examination.
- 321-46 Breast density mammography results; report and notification.
- 321-51 Department to administer part.
- 321-52 Powers, duties, and activities of the department.
- 321-52.5 REPEALED.
- 321-53 Funds.
- 321-54 Application of part.
- 321-61 Dental health.
- 321-62 General duties of department.
- 321-63 Director's specific duties and powers.
- 321-91 Program of home health services.
- 321-92 Fees for services.
- 321-93 Home health services; source of funds; disposition of receipts.
- 321-111 Sexually transmitted disease prevention program.
- 321-112 to 114 REPEALED.
- 321-115 Prophylactics.
- 321-171 Children's mental health services; department responsibility.
- 321-171.5 Employees of the department of health, its providers and subcontractors; background checks.
- 321-172 Children's mental health services branch.
- 321-173 Community mental health services for children and youth.
- 321-174 Coordination of services with department of education.
- 321-175 Statewide children's mental health services plan.
- 321-176 Biennial review of progress.
- 321-177 Rules.
- 321-191 Definitions.
- 321-192 Substance abuse program.
- 321-192.5 Substance abuse treatment monitoring program.
- 321-193 Duties and responsibilities of department.
- 321-193.5 Interagency coordination.
- 321-193.7 Clean and sober homes registry.
- 321-194 State advisory commission.
- 321-195 Annual report to the legislature.
- 321-196 Rules.
- 321-197 Personnel.
- 321-198 State funding of substance abuse agencies.
- 321-211 Definitions
- 321-212 Tobacco products; possession or consumption prohibited.
- 321-213 Exemptions.
- 321-214 Enforcement; rules.
SERVICES SYSTEM
- 321-221 Findings and purpose. §321-221 Findings and purpose.
- 321-222 Definitions.
- 321-223 State comprehensive emergency medical services system, establishment. §321-223 State emergency medical services system, establishment.
- 321-224 Department of health, functions, duties.
- 321-224.2 Enhanced and expanded emergency medical services; fees.
- 321-224.4 Community paramedicine program; established.
- 321-225 The state emergency medical services advisory committee.
- 321-225.5 Fall prevention and early detection coordinator.
- 321-226 Emergency medical services and systems, standards. §321-226 Emergency medical services and systems, standards.
- 321-227 Regulation of ambulances. §321-227 Regulation of ambulances.
- 321-228 Emergency medical services; counties. §321-228 Emergency medical services; counties.
- 321-228.5 Renumbered as §321-23.3.
- 321-228.6 Renumbered as §321-23.
- 321-229 Emergency medical services personnel, training programs.
- 321-229.2 First responder personnel; dementia training.
- 321-229.5 Renumbered as §321-23.6.
- 321-230 Technical assistance, data collection, evaluation.
- 321-231 Grants.
- 321-232 Revenues; deposit into state general fund.
- 321-233 Rules.
- 321-234 Emergency medical services special fund.
- 321-235 Immunity and limitation on liability for emergency aeromedical services.
- 321-236 Emergency medical services; use of latex gloves prohibited. §321-236 Emergency medical services; use of latex gloves prohibited.
- 321-237 Retention of relevant documentation.
- 321-241 to 242 REPEALED.
- 321-241.5 REPEALED.
- 321-242 REPEALED.
- 321-243 REPEALED.
- 321-244 REPEALED.
- 321-245, 246 REPEALED.
- 321-246 REPEALED.
- 321-311 Environmentally-related illness and injury surveillance.
- 321-311.5 Renumbered as §321-29.
- 321-312 Definition of environmentally-related illness or injury.
- 321-313 Definition of health care professional.
- 321-314 Reports to the department.
- 321-315 Confidentiality.
- 321-316 Immunity from liability.
- 321-317 Rules.
- 321-321 Purpose.
- 321-322 Administration of programs.
- 321-323 Definitions.
- 321-324 Powers of the department.
- 321-325 Agreements.
- 321-326 Rules.
- 321-327 Hawaii home visiting program; established.
- 321-341 Multidisciplinary and multiagency reviews.
- 321-342 Definitions.
- 321-343 Access to information; use of child death review information; protections.
- 321-344 Exception.
- 321-345 REPEALED.
- 321-345.5 Child death reviews; reports.
- 321-346 Immunity from liability.
- 321-351 Definitions.
- 321-352 Early intervention services for infants and toddlers with special needs.
- 321-352.2 Early language services for children who are deaf, hard of hearing, or deaf-blind.
- 321-353 Hawaii early intervention coordinating council; establishment.
- 321-354 Rules.
- 321-355 Early intervention special fund.
- 321-356 REPEALED.
- 321-357 Early intervention special fund; purpose and use.
- 321-361 Definitions.
- 321-362 Duties
- 321-362.5 Screening for hearing impairment. (a) All newborn infants shall be screened for hearing impairment for early identification of children with hearing loss and for the promotion of their development of language and communication. (b) The person in charge of each birthing facility caring for newborn infants and the responsible physician attending the birth of a newborn or the person assisting the birth of a child not attended by a physician shall ensure that every infant in the person's care be screened for hearing impairment. This section shall not apply if the parent, guardian, or other person having custody or control of the child objects to the screening in writing on the grounds that the screening conflicts with their religious beliefs. The written objection shall be made a part of the infant's medical record. (c) Birthing facilities screening newborn infants for hearing impairment shall report screening results to the department, for the purpose of the department ensuring a statewide system for the screening, diagnostic evaluation, and intervention for all newborn infants with hearing impairment. [L 2001, c 42, §1]
- 321-363 Rules
- 321-371 Purpose.
- 321-372 Definitions.
- 321-373 Regulation of tattoo artists.
- 321-373.5 Permit; required for tattoo shop and temporary locations.
- 321-374 License required; exemptions.
- 321-375 Examination, fees required.
- 321-376 REPEALED.
- 321-377 Suspension or revocation of permit or license.
- 321-378 REPEALED.
- 321-379 Enforcement; penalties.
- 321-380 REPEALED.
- 321-381 Biennial renewal; failure to renew.
- 321-382 Fees.
- 321-383 REPEALED.
PROGRAM
- 321-401 Findings and purpose.
- 321-402 Food safety consultative and education program.
- 321-403 Food safety control system.
- 321-404 Public information monitoring system.
- 321-405 Confidentiality of information.
- 321-411 Definitions.
- 321-412 Indoor air quality program.
- 321-413 General functions, powers, and duties of the department.
- 321-421 Definitions.
- 321-422 Birth defects program.
- 321-423 Confidentiality of data.
- 321-424 Rules.
- 321-425 Requests for information.
- 321-426 Birth defects special fund.
MEDICALLY FRAGILE CHILDREN PART XXXVI. EMERGENCY RESPONSE STOCKPILE Part XXXVII. domestic violence fatality review
- 321-471 Definitions
- 321-472 Multidisciplinary and multiagency reviews
- 321-473 Access to information
- 321-474 Exception
- 321-475 Use of domestic violence fatality review information and records
- 321-476 Immunity from liability
AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES
- 321-481 Definitions.
- 321-482 Home and community-based case management agency, authority over and evaluation of
- 321-483 Community care foster family home, authority over and evaluation of.
- 321-484 REPEALED.
- 321-485 Penalty
- 321-486 Investigations.
- 321-486.1 Action upon investigation.
- 321-486.2 Right of entry.
- 321-486.3 Penalty.
- 321-487 Referral or transfers to uncertified or unlicensed care facility; penalty.
- 321-488 Exclusion.
- 321-491 Purpose.
- 321-492 Definitions.
- 321-493 Day care centers for disabled and aged persons.
- 321-494 Purchase of service.
- 321-495 Penalty.
- 321-496 REPEALED.
- 321-501 Multidisciplinary and multiagency mortality reviews.
- 321-502 Definitions.
- 321-503 Access to information.
- 321-504 Exception.
- 321-505 Use of information and records from mortality reviews of deaths of persons with developmental or intellectual disabilities.
- 321-506 Immunity from liability.
- 321-511 Definitions.
- 321-512 Compassionate care.
- 321-513 Enforcement; administrative penalties.
- 321-514 Rules.
- 321-531 Definitions.
- 321-532 Stroke system of care; department duties.
- 321-533 Stroke database.
- 321-534 Confidential information.
license program
- 321-541 Title.
- 321-542 Definitions.
- 321-543 Licensing.
- 321-544 License fee.
- 321-545 Exemptions.
- 321-546 Rules.
- 321-547 Severability.
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