Hawaii Administrative Code

(a) The primary caregiver shall: (1) Reside in the community care foster family home; (2) Be a NA, LPN, or RN; (3) Have at least one year of experience in a home setting as a NA, LPN, or RN; and (4) Have a substitute caregiver who will assume caregiving responsibilities in the ab…

(a) To be admitted to the community care foster family home, the individual shall: (1) Be certified by a physician as requiring nursing facility level of care. The medicaid agency medical consultant shall certify the individual who is a participant in a federally funded medicaid …

(a) The home shall care for not more than two adults at any one time, who are unrelated to the foster family, or if certified by the department for three beds, shall care for not more than three adults, pursuant to the requirements under section 321-481, HRS. (b) One bed in each …

(a) The transfer and discharge of the client may occur when: (1) The home is unable to meet the needs of the client; (2) The primary caregiver and the client notify the case management agency of intended transfers or discharges; (3) A minimum of three weeks advance notice is give…

The community care foster family home shall have policies and procedures by and through which a client may present grievances about the operation or services of the home. The policies shall include a provision that a client may choose to present any grievance directly to the depa…

(a) The home shall conduct, document, and maintain a record, in the home, of unannounced fire drills at different times of the day, evening, and night. Fire drills shall be conducted at least monthly under varied conditions and shall include the testing of smoke detectors, (b) Th…

(a) A licensed practical nurse or a registered nurse shall administer medications that are to be injected, unless physician orders permit a client to self-inject. The registered nurse may delegate the administration of medication as provided in chapter 16-89, section 16-89-100. (…

(a) The home shall maintain a written accounting of the client's personal funds received and expended on the client's behalf by the home. (b) Personal funds and valuables of the client handled by the home for safekeeping shall not be: (1) Commingled with those of the home, the pr…

(a) The home shall include: (1) Bathrooms with non-slip surfaces in the tubs and or showers, and toilets adjacent or easily accessible to sleeping rooms; (2) Grab bars in bath and toilet rooms used by the client, as appropriate; (3) A common living area, which is adequate for soc…

Exceptions to the requirements of this chapter may be made at the discretion of the department. Notes Haw. Code R. § 11-800-5 [Eff 11/13/2018] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 321-9, 321-11)

(a) The home shall have documented internal emergency management policies and procedures for emergency situations that may affect the client, such as but not limited to: (1) Sudden illness or accident; (2) Death; (3) Violent acts or abuse; (4) Natural disasters; (5) Fire; and (6)…

(a) The home shall obtain, maintain, and keep in force through an insurance company authorized to do business in the State, or that meets the requirements of section 431:8- 301, HRS, if using an insurance company not authorized to do business in the State, the following liability…

(a) The home shall have adequate resources to finance its services in accordance with this chapter. (b) The home shall maintain fiscal records, documents and other evidence that sufficiently and properly reflect all funds received, and all direct and indirect expenditures of any …

(a) Written policies and procedures regarding the rights of the client during the client's stay in the home shall be established and a copy shall be provided to the client, or the client's legal representative, and made available to the public when requested. (b) These policies a…

(a) Each home shall maintain an administrative notebook including but not limited to; (1) Emergency procedures and an evacuation map; (2) Appropriate program policies and procedures; and (3) A list of applicable community resources. (b) The home shall maintain separate notebooks …

Notes Haw. Code R. §§ 11-800-55 to 11-800-58 Eff 11/13/2018

(a) Any person, agency, or organization that wants to engage in locating, coordinating, and monitoring comprehensive services to residents in community care foster family homes, or medicaid waiver service recipients in expanded adult residential care homes and assisted living fac…

(a) Any person, agency, or organization that wants to be licensed as a home and community-based case management agency shall submit the following to the department:(1) A signed application form provided by the department; (2) A written statement of services to be provided; (3) In…

(a) As a condition for licensure or certification, the operator, employees, and new employees of the case management agency, or primary and substitute caregivers and other adults residing in a home, except for clients, shall: (1) Be subject to criminal history record checks in ac…

(a) The department shall dispose of an application for a license or a certificate of approval by the sixtieth day from the date of application. (b) An evaluation of the application will be carried out by the department and may include, but is not limited to, one or more of the fo…

As used in this chapter: "Association" means the same as defined in section 514B-3, HRS; "Director" means the director of the State department of health or the director's duly authorized agent; "Department" means the State department of health; "Enclosed or partially enclosed" me…

(a) All retail tobacco stores and any areas claimed to be retail tobacco stores shall be separately ventilated from areas where smoking is prohibited. No smoke from a retail tobacco store or an area claimed to be a retail tobacco store shall infiltrate into areas where smoking is…

(a) Smoking by talent only shall be allowed in areas where it is otherwise prohibited by chapter 328J, HRS, when smoking is part of a scene within a production being filmed; provided that the production complies with the requirements of this section. When smoking by talent only i…

(a) An owner, operator, manager, employer, or other person who owns or controls a place open to the public or place of employment covered by the provisions of sections 328J-3 or 328J-4, HRS, may apply to the department for an interim exemption to the reasonable distance presumpti…

(a) Private residences are exempt from the provisions of sections 328J-2, 328J-3, and 328J-4, HRS, except when used as a licensed child care, adult day care, or health care facility. (b) A limited common element, such as a lanai that is designed to serve a single unit but is loca…

(a) Any place covered by the provisions of sections 328J-3 or 328J-4, HRS, that is accessed solely by means of a second place that is covered by the provisions of sections 328J-3 or 328J-4, HRS, is exempt from the signage requirements in section 328J-9, HRS; provided that the req…

(a) Any person may register a complaint with the department either orally or in writing. The person shall not be required to provide personal information for the department to investigate and take action, if appropriate. (b) Any inspector of the department upon observing a violat…

(a) Consistent with any rules adopted to implement section 321-11, HRS, the director may suspend a permit or license authorized by section 321-11, HRS, after a person who owns, manages, operates, or otherwise controls any place or designated facility has been found to have violat…

(a) The director shall appoint and commission one or more inspectors as the exigencies of the public service may require. Department inspectors shall enforce the provisions of chapter 328J, HRS, and these rules. Inspectors shall be provided with suitable badges or insignia of off…

(a) An owner, manager, operator, or employee of an establishment regulated by chapter 328J, HRS, shall inform, persons violating chapter 328J, HRS, or this chapter, of the provisions of chapter 328J, HRS, and of this chapter. (b) To inform a person who is violating chapter 328J, …

(a) Smoking is allowed on the lanai areas of hotel guest rooms including non-smoking hotel guest rooms. Nothing in this subsection shall prevent a hotel from prohibiting smoking on lanai areas of hotel guest rooms pursuant to section 328J-8, HRS. (b) For purposes of this chapter …

(a) The purpose of this chapter is to regulate a statewide dispensary system to ensure safe and legal access to medical cannabis for qualifying patients and qualifying out-of-state patients. (b) The requirements of this chapter shall apply as indicated; provided that, for cannabi…

Notes Haw. Code R. § 11-850-10 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

No person shall operate a medical cannabis dispensary unless the person has a license issued by the department pursuant to this chapter. Notes Haw. Code R. § 11-850-11 [Eff DEC 14 2015] (Auth: HRS §§ 321-9, 3290-27) (Imp: HRS §§ 329D-2, 329D-5, 329D-6) [Am and comp 2/24/2022] (Im…

(a) A dispensary licensee shall ensure that all cannabis and manufactured cannabis products it dispenses are safe for use or consumption by qualifying patients and qualifying out-of-state patients. (b) A dispensary licensee shall comply with State and county health, safety, and s…

(a) The management of a medical cannabis production center shall ensure that all individuals who produce cannabis or manufactured cannabis products are qualified to perform their assigned duties. (b) Each individual engaged in production of cannabis or manufactured cannabis produ…

(a) Grounds. The grounds about a production center under the control of the dispensary shall be kept in a condition that will protect against the contamination of cannabis or manufactured cannabis products. The methods for adequate maintenance of grounds shall include: (1) Proper…

(a) General maintenance. Buildings, fixtures, and other physical facilities shall be maintained in a clean and sanitary condition and shall be kept in repair adequate to prevent cannabis or manufactured cannabis products from becoming contaminated. Cleaning and sanitizing of uten…

Each medical cannabis production center shall be equipped with adequate sanitary facilities and accommodations including: (1) Water supply. The water supply shall be adequate for the operations intended and shall be derived from an adequate source. Any water that contacts cannabi…

(a) All medical cannabis production center equipment and utensils used in production and storage of cannabis or manufactured cannabis products shall be so designed and of such material and workmanship as to be adequately cleanable and shall be adequately maintained to protect aga…

(a) General. (1) All operations in the production and storage of cannabis, manufactured cannabis products, and components shall be conducted in accordance with adequate sanitation principles. (2) Appropriate quality control operations shall be employed to ensure that cannabis and…

Storage and transportation of cannabis, manufactured cannabis products, and components shall be under conditions that will protect against allergen cross-contact and against biological, chemical (including radiological), and physical contamination of cannabis, manufactured cannab…

Notes Haw. Code R. §§ 11-850-118 to 11-850-120 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) An application for a dispensary license shall include both an individual applicant and an applying entity and they shall apply to the department on a form and in a manner prescribed by the department. (b) The department shall establish an open application period for available…

(a) A medical cannabis dispensary shall establish written processing and control standard operating procedures for the production of cannabis and manufactured cannabis products (for example, formulations, processing procedures, in-process control methods, packaging procedures, pr…

(a) Production records shall document, for each batch of cannabis or manufactured cannabis product:(1) Review of ingredient records to determine if ingredients are adequately controlled; (2) Ingredients (name, code, batch number, quantity, etc.) added to the batch; (3) Production…

(a) A dispensary shall establish and follow written standard operating procedures and assign specific staff persons as quality control personnel to fulfill the requirements of this section. (b) Quality control personnel shall conduct a review and make a disposition decision if: (…