Hawaii Administrative Code

(a) In addition to the requirements in section 11-100.1-3(a), every applicant for an expanded ARCH license shall be licensed as an ARCH and shall have been operating satisfactorily for a minimum of six months prior to applying for expanded ARCH licensure. (b) Each expanded ARCH s…

(a) In addition to the requirements in section 11-100.1-23 and section 11-100.1-56, the expanded ARCH shall satisfy the requirements of this section. (b) All signaling devices shall be approved by the department and installed at bedside, in bathrooms, toilet rooms, and other area…

(a) In addition to requirements in section 11-100.1-8(a) this section shall apply. (b) The primary care giver shall be approved by the department to provide special diets. (c) The licensee shall provide staff on duty twenty four hours of each day sufficient and trained to meet th…

In addition to the requirements in subchapter 2 and 3: (1) A registered nurse other than the licensee or primary care giver shall train and monitor primary care givers and substitutes in providing daily personal and specialized care to residents as needed to implement their care …

(a) Licensees of an expanded ARCH shall admit nursing facility level residents as determined and certified by the resident's physician or APRN. (1) A Type I expanded ARCH shall provide services to no more than two nursing facility level residents at any one time provided that mor…

(a) All transfers and discharges of expanded ARCH residents shall be coordinated with the resident, resident's family or surrogate, resident's case manager, primary care giver or licensee and resident's physician or APRN. The licensee or primary care giver shall assist with the t…

(a) A Type I expanded ARCH shall be in compliance with existing fire safety standards for a Type I ARCH, as provided in section 11-100.1-23(b), and the following: (1) Locking devices for room doors shall be readily opened by the occupant from inside the room without the use of a …

(a) The primary care giver shall provide daily personal care and specialized care to an expanded ARCH resident as indicated in the care plan. The care plan shall be developed as stipulated in section 11-100.1-2 and updated as changes occur in the expanded ARCH resident's care nee…

(a) Case management services shall be provided for each expanded ARCH resident to plan, locate, coordinate and monitor comprehensive services to meet the individual resident's needs based on a comprehensive assessment. Case management services shall be provided by a registered nu…

In addition to the requirements in subchapter 2 and subchapter 3, the following shall apply to an expanded ARCH: (1) Injectable medications shall be administered by a licensed nurse, unless physician orders permit an expanded ARCH resident to self-inject. The registered nurse cas…

(a) All individuals who either reside or provide care or services to residents in the Type I ARCH, shall have documented evidence that they have been examined by a physician prior to their first contact with the residents of the Type I ARCH, and thereafter shall be examined by a …

In addition to the resident's rights in section 11-100.1-21, the expanded ARCH resident shall have the right to: (1) Be fully informed, orally and in writing, prior to or at the time of admission, of individual rights and responsibilities and of all rules governing expanded ARCH …

(a) The department shall take action, as specified in subchapter 6, against any licensee, primary care giver or substitute care giver who is guilty of misconduct or employs or houses any persons guilty of misconduct that has been brought to the department's attention. (b) Miscond…

(a) If the department determines that any person has violated any provision of this chapter, any provision of chapter 321, HRS, or any term or condition of a license issued pursuant to this chapter, the department shall do one or more of the following: (1) Issue an order assessin…

(a) If the department determines that the licensee, primary care giver, staff or other household member has subjected a resident to abuse, neglect, or financial exploitation, the department at its discretion may order the immediate discontinuance of the ARCH or expanded ARCH and …

In addition to any other action to enforce these rules, the director may initiate procedures for invoking penalties as provided in chapter 321, HRS. Notes Haw. Code R. § 11-100.1-94 [Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-15.6) 321-15.7, 321-15.61, 321-15.62, 3…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-100.1-95 [Eff SE…

Adult residential care homes licensed at the time of adoption of these rules shall have a period of nine months to institute required changes or requirements as set forth in this chapter. Notes Haw. Code R. § 11-100.1-96

Notes Haw. Code R. §§ 11-103-1 to 11-103-7 R 9/16/2022

The purpose of this chapter is to establish fees for the initial issuance by the department of a license or certificate of approval to a health care facility or health care agency, and the renewal of a health care facility's or health care agency's license or certificate of appro…

As used in this chapter: "Adult day care center" or "center" means a licensed facility that meets the requirements of chapter 17-1424. "Adult residential care home" or "ARCH" means a facility that meets the requirements of section 321-15.6, HRS. "Applicant" means a person or grou…

(a) An applicant for a license or certificate, or a license or certificate renewal, shall pay to the department applicable fees in U.S. dollars as set forth in sections 11-103.1-4, 11-103.1-5, and 11-103.1-6. The department shall issue no license or certificate to an applicant un…

(a) All fees adopted in this chapter shall be effective thirty days after the effective date of this chapter. All fees adopted by an amendment to this chapter shall be effective thirty days after the effective date of the amendment to this chapter. (b) The department adopts the f…

(a) The department shall conduct a survey prior to the issuance of each initial license and certificate. Following the licensure or certification survey, the department shall notify the prospective licensee in writing either that the prospective licensee is in full compliance wit…

(a) A licensee shall pay the license or certificate renewal fee at least thirty days before the license or certificate renewal date. (b) The department may extend the term of a license or certificate that is due to renew prior to the license or certificate renewal date to complet…

The department shall deposit all fees paid to the department pursuant to this chapter into the office of health care assurance special fund. Notes Haw. Code R. § 11-103.1-7 [Eff 9/16/2022] (Auth: HRS §§ 321-1.4, 321-9, 321-11, 321-11.5) (Imp: HRS §§ 321-1.4, 321-11.5)

Notes Haw. Code R. §§ 11-104-1 to 11-104-12 JUL 12 2007

The purposes of these rules, which shall be known as the Hawaii Rules for Management and Disposal of Infectious Waste, are to: (1) Implement section 321-21, Hawaii Revised Statutes ("HRS"); and (2) Establish minimum requirements for the management, treatment, transport, storage a…

(a) Infectious waste shall be segregated from all other waste at the point of generation. (b) The types of untreated infectious waste described in section 11-104.1-4 shall be managed as follows: (1) Infectious isolation waste, cultures and stocks of infectious agents, blood, bloo…

(a) Untreated infectious waste shall be placed in containers sufficient to contain the waste completely. Satisfactory containers include: (1) Nonsoluble plastic bags either red in color or clearly labeled with the Universal Biological Hazard symbol; (2) Sharps containers as descr…

Infectious waste which is being stored while awaiting treatment, shall be stored in disposable or reusable sturdy, leakproof containers that have tight-fitting lids and the containers shall be stored in a fully enclosed, secured room. Both the leakproof containers and the secured…

Notes Haw. Code R. §§ 11-104.1-14 to 11-104.1-20

As used in this chapter: "Animal waste" means materials including carcasses, body parts, body fluids, blood, or bedding originating from: (1) Animals known to be contaminated with infectious zoonotic organisms; or (2) Animals inoculated during research. "Authorized disposal site"…

(a) Before disposal, infectious waste may be incinerated, sterilized, or chemically disinfected on site in accordance with the following: (1) The current CDC recommendations on universal precautions for prevention of transmission of HIV immunodeficiency virus, hepatitis B virus a…

(a) Treated infectious waste that has not been incinerated shall be stored in containers that are clearly marked as treated waste which has been rendered noninfectious. (b) Infectious waste that has been treated and is awaiting transport for disposal shall be stored in fully encl…

Notes Haw. Code R. §§ 11-104.1-23 to 11-104.1-30

No person shall handle, treat, dispose of, transport, or store infectious waste or treated infectious waste except in accordance with these rules. Any infraction of this section shall be subject to administrative penalties or fines as set forth in section 11-104.1-42. Notes Haw. …

(a) Infectious waste shall be placed in containers which are sufficient to contain the waste completely. Satisfactory containers include: (1) Nonsoluble plastic bags, red in color or clearly labeled with the Universal Biological Hazard symbol; (2) Sharps containers as described i…

(a) All infectious waste shall be treated in accordance with these rules. Infectious waste that has not been treated at the generating facility shall be released to a medical waste treatment facility as permitted in accordance with chapter 11-58.1. (b) Treated infectious waste th…

(a) Each infectious waste generator and transporter of untreated infectious waste shall have a written plan that contains policies and detailed procedures that: (1) Outline the handling, safe and effective management, and disposal of infectious waste in accordance with these rule…

(a) Upon negative findings of infection or hazard after appropriate testing of the mother by a health care facility or physician and confirmation of the findings on a release form established by the department, a placenta may be released by a health care facility or generator to …

Notes Haw. Code R. §§ 11-104.1-35 to 11-104.1-40

(a) Categories of infectious waste are as follows: (1) Infectious isolation waste; (2) Cultures and stocks of infectious agents; (3) Blood, blood products, and other body-fluids; (4) Human pathological waste; (5) Contaminated sharps; and (6) Animal waste. (b) The following shall …

(a) If the department determines that any person has violated any provision of this chapter, any provision of chapter 321, HRS, or any term or condition of an exemption issued pursuant to this chapter, the department may: (1) Issue an order assessing an administrative penalty in …

(a) Any person, corporation, health care facility, clinic, laboratory, or agency that violates any of the provisions of this chapter shall be subject to an administrative penalty not to exceed one thousand dollars for each separate offense. Each day that a violation exists or con…

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-104.1-43 [Eff J…

Notes Haw. Code R. §§ 11-104.1-5 to 11-104.1-10