Hawaii Administrative Code

Chapters 23-1 to 23-99 shall govern all agencies, programs, practices and procedures of the department. Notes Haw. Code R. § 23-1-3 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 26-38, 353C-2)

Policies and procedures for speciric programs may be developed and implemented by the division responsible for that program with director's approval. Notes Haw. Code R. § 23-1-4 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 26-35, 26-38, 353C-2)

The director may delegate authority or functions to any subordinate officer or employee of the department. where authority is delegated by the director, the director shall retain the final authority to make exceptions to and approve or overrule any decision or action taken by the…

Nothing in Title 23 shall restrict the department's authority or ability to control, limit, restrict, or regulate the activities of inmates. Notes Haw. Code R. § 23-1-6 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 353C-2)

As used in this chapter: "Affected individual" means the person about whom a Federal Bureau of Investigations (FBI) identification record pertains. "Arrest records" means criminal history information obtained from sources other than the FBI pertaining to arrests for alleged crimi…

(a) The department shall develop policies and procedures to implement the provisions of this chapter. (b) The department may implement the provisions of this chapter incrementally subject to the availability of funds and resources. Notes Haw. Code R. § 23-10-10 [Eff APR 15 2000] …

(a) All rules and regulations of the department of human resources development shall apply to the recruitment, appointment, and employment of staff members and prospective staff members except as may be modified herein. (b) Staff members and prospective staff members shall be of …

(a) Every prospective staff member is required to provide to the department, and the department of human resources development, as appropriate:(1) An accurately and fully completed employment application with all requested information and documents including employment references…

Staff members and prospective staff members shall be fingerprinted for the purpose of complying with the criminal history record check. The department may refuse to hire or may terminate any person who fails to comply or cooperate with fingerprinting requirements. A file which id…

(a) Information obtained from criminal history record checks shall be used' exclusively by the department or the department of human resources development for the purpose of determining whether or not a person is suited for work as a staff member. Use and release of information o…

A suitability determination may be made on staff member's or prospective staff member's fitness for employment based on criminal history records, employment records, and other such information that the department deems necessary to ensure that staff members and prospective staff …

In addition to any existing rules and regulations, the department may deny or terminate employment: (1) If the department determines after investigation that the prospective staff member is not suitable for employment, or the staff member is not suitable for continued employment;…

A staff member or prospective staff member may request an administrative review of a suitability determination by submitting to the department, in writing, information to substantiate the request within ten calendar days following the date of notification. Notes Haw. Code R. § 23…

A staff member or prospective staff member may file an appeal with the state civil service commission in writing within twenty calendar days from the date of notification of the results of the administrative review. Notes Haw. Code R. § 23-10-9 [Eff APR 15 2000] (Auth: HRS § 353C…

(a) Persons may be allowed to visit inmates subject to the following limitations: (1) The availability of visiting space and the location of the facility; (2) The availability of facility resources incident to arranging and supervising visits; (3) The rescheduling of visits which…

Visitation hours shall be set for each facility by the department. Exceptions to established hours are permitted to one or more of the following: (1) Restricting visitation on these days or hours may be a physical hardship upon individuals whereon suitable hours may be made if re…

(a) Every person who is eligible to visit with inmates shall complete and submit an official application as well as an official notice and authorization of personal search form. (b) While the existence of prior criminal convictions(s) of a visitor may not preclude visits, they ar…

(a) The facility may permit intereested groups to visit the facility when conditions insure the safety of the facility and the visitors and in accordance with the department's procedures. (b) Such groups may be served meals, at the official price, provided the serving of meals do…

All visitors shall be subject to personal search in accordance with department's policies and facility procedures. Notes Haw. Code R. § 23-100-6 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 353C-2)

(a) Any item not specifically authorized for possession by a person by the facility administrator or guidelines shall be contraband and shall be confiscated and subject the person to criminal or disciplinary sanctions or both. (b) Intoxicating substances of any kind including but…

As used in this chapter: "Person" includes individuals, partnerships, corporations, associations, or organizations of any character, except for the department. "Petition" means a properly documented submission of information by a person requesting the adoption, amendment, or repe…

This chapter shall govern all proceedings brought Before the department for the adoption, modification, or repeal of any administrative rule of the department. Notes Haw. Code R. § 23-2-2 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 91-3, 91-6)

(a) Any interested person may submit, pursuant to section 91-6, Hawaii Revised Statutes, a signed petition either in person or by mail to the department requesting the adoption, amendment, or repeal of rules. The petition shall be legibly written or typed, identifiable by name, a…

Upon the filing of the petition, the department within thirty days shall either deny the petition in writing, stating the reasons for the denial, or initiate proceedings in accordance with section 91-3, Hawaii Revised Statutes. Notes Haw. Code R. § 23-2-4 [Eff APR 15 2000] (Auth:…

The purpose of this chapter is to prescribe rules for the registration, use, prescription, disposal, and production of controlled substances within this State. Notes Haw. Code R. § 23-200-1 [Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS § 329-31)

A separate registration is required for each principal place of business or professional practice where the applicant manufactures, distributes, administers, dispenses, or stores controlled substances. Registrants are required to notify the narcotics enforcement division in writi…

(a) The department or its agents may inspect the establishment of a registrant or applicant at reasonable times to ensure proper registration and to ensure compliance with all applicable State and Federal laws. in order to safeguard against diversion of controlled substances, the…

(a) Every physician, dentist, podiatrist, veterinarian or other practitioner shall keep a record of all controlled substances received, transferred, administered, prescribed, or disposed of as damaged or outdated, showing the amounts received, transferred, administered, prescribe…

(a) All persons registered to manufacture, distribute, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department, copies of order, receipt and distribution forms of schedule I and II contr…

(a) A physician, in good faith and in the course of professional practice only, may prescribe, administer or dispense a controlled substance in accordance with the certificate of registration, or may cause the same to be administered by a health care professional under the direct…

(a) A prescription for a controlled substance may be issued only by an individual practitioner who is registered by the department of public safety to prescribe controlled substances in the State of Hawaii. All controlled substance prescription forms issued shall be no larger tha…

(a) Inlieu of a written prescription, a pharmacist, in good faith, may dispense schedule III, IV, and V controlled substances, to any person upon receiving an oral prescription over the telephone from a prescriber originating from within the State; provided that:(1) The pharmacis…

(a) All pharmacies shall transmit electronically all controlled substance prescription data as specified by the administrator. The administrator shall determine those schedules of controlled substances, classes of controlled substances, and specific controlled substances that are…

(a) Prescriptions for controlled substances listed in schedule II shall be maintained in a separate prescription file. (b) Prescriptions for controlled substances listed in schedules III, iv, and V shall be maintained as follows:(1) In a separate prescription file, or (2) In such…

(a) No person shall distribute professional samples of controlled substances to a practitioner except in response to a written request made on a form, which indicates:(1) Name, address, professional designation and signature of the practitioner making the request; (2) The name of…

The following definitions shall apply In the interpretation and enforcement of this chapter: "Abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. "Administer" means the direct appli…

(a) Any registrant desiring to dispose of controlled substances that are old, outdated, contaminated or unfit for human consumption may do so in the following manner: (1) By delivery to an agent of the department who is authorized to dispose of controlled substances; (2) By the d…

(a) It-shall be unlawful for any person to engage in or be associated in any manner with or permit another to engage in the cultivation of controlled substance bearing plants or in the production, manufacturing or processing of controlled substances unless such person holds a cur…

(a) All controlled substance information and records maintained by'the narcotics enforcement division, department of public safety, shall be kept confidential except when information is disclosed for law enforcement purposes concerning the use and abuse of controlled substances, …

Every person violating any provision of this chapter shall be guilty of the provisions as set forth in sections 329-41 and 329-42 Hawaii Revised Statutes. Notes Haw. Code R. § 23-200-23 [Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS §§ 329-41, 329-42, 329-43, 329-46)…

Should any section, paragraph, sentence, clause, phrase, or application of this chapter be declared unconstitutional or invalid for any reason, the remainder or any other application of said chapter shall not be affected thereby. Notes Haw. Code R. § 23-200-24 [Eff APR 15 2000] (…

Every person who manufactures, distributes, prescribes, or dispenses any controlled substance listed in part II, chapter 329, Hawaii Revised Statutes, within this State or who proposes to engage in the manufacture, distribution, prescription, or dispensing of any controlled subst…

(a) For each registration or re-registration to manufacture controlled substances, the registrant shall pay an application fee of $100.00 for an annual registration. (b) For each registration or re-registration to distribute controlled substances, the registrant shall pay an appl…

(a) The director shall exempt requirement of obtaining a registration fee for registration or re-registration: (1) Any hospital or other institution which is operated by an agency of the United States (including the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, Veteran's…

(a) Registration is not required tor the following persons under these circumstances: (1) Any officer or employee of the Bureau or DEA, any officer of the U.S. Bureau of customs, any officer or employee of the United States Food and Drug Administration, and any other federal offi…

(a) Registration and re-registration fees shall be paid at the time when the application for registration or re-registration is submitted for filing. Payment shall be made in the form of a personal, certified, cashier's check or money order made payable to the narcotics enforceme…

(a) Registrants may apply to modify their registration to handle additional controlled substances by filing an application in the same manner as an application for new registration. In the event of a change of a name or address, the registrant shall submit a letter to the departm…

(a) A certificate of registration issued under section 329-33, Hawaii Revised Statutes, may be denied, suspended, or revoked by the department for any of the reasons cited in section 329-34, Hawaii Revised Statutes. (b) The department may suspend or deny any registration simultan…

The purpose of this chapter is to set forth rules for the manufacture, distribution, selling, transferring, or otherwise furnishing for use by any person or the bringing in or receiving from a source outside the State any substance specified in section 329-61, Hawaii Revised Stat…

Prior to distributing, selling, transferring, or otherwise furnishing any substance specified,in section 329-61, Hawaii Revised Statutes, to a person in this State every permittee shall require proper identification from the purchaser, a full description of how the substance is t…