Hawaii Administrative Code

Following the termination or expiration of any suspension or revocation, the individual may apply for relicensing. Upon the submission of evidence satisfactory to the director that the individual is in compliance with this chapter, and any other conditions imposed as part of the …

A medical review officer seeking license renewal should submit a written request for renewal to the department not less than two months prior to the effective expiration date of the current license. Notes Haw. Code R. § 11-113-24 [Eff 1/23/92; am and Comp OCT 19 2007] (Auth: HRS …

(a) The medical review officer shall receive from the laboratory all positive test results and all chain of custody forms, and from the collection site, information about specimen-individual identifiers. If so desired by the third party, the medical review officer may also receiv…

Specimens shall be placed in containers designed to minimize the possibility of damage during shipment to the substance abuse testing laboratory. The containers shall be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the s…

Procedures shall be instituted to account for the integrity of each specimen by tracking its handling and storage from the point of specimen collection to final disposition of the specimen. These procedures shall require that a chain of custody form be used from the time of colle…

(a) The report from the laboratory to the medical review officer shall contain information on tests performed on specimens for drugs or the metabolites of drugs, including: (1) The type of test conducted for each specimen. (2) The cutoff level used to distinguish positive and neg…

The conditions of exemption from the provisions of this chapter are the following: (1) Toxicology tests used in the direct clinical management of patients; (2) Tests for alcohol under chapter 286 or 291, Hawaii Revised Statutes; (3) Tests made pursuant to subpart C of the mandato…

The laboratory may transmit test results to the medical review officer by various electronic means in a manner designed to ensure confidentiality of the information. Results may not be provided verbally by telephone. The laboratory shall ensure the security of the data transmissi…

(a) The following fees shall be paid to the department for a laboratory-license: Type of License Screening Confirmatory Both Application $100.00 $100.00 $100.00 Initial license 250.00 500.00 750.00 Renewal of license 100.00 100.00 100.00 Restoration of license 150.00 150.00 150.0…

(a) Any information concerning a substance abuse test pursuant to this chapter shall be strictly confidential. Such information shall not be released to anyone without the informed written consent of the individual tested and shall not be released or made public upon subpoena or …

(a) Any person, agency, or entity that wilfully and knowingly violates any provision of this chapter shall be fined not less than $1,000 but not more than $10,000 for each violation as set by the department, plus reasonable court costs and attorney's fees as determined by the cou…

Should any section, paragraph, sentence, clause, phrase or application of this chapter be declared unconstitutional or invalid for any reason, the remainder of this chapter shall not be affected thereby. Notes Haw. Code R. § 11-113-34 [Eff 1/23/92; am and Comp OCT 19 2007] (Auth:…

Pursuant to this chapter, substances of abuse or their metabolites shall include: (1) Marijuana; (2) Cocaine; (3) Amphetamines; (4) Opiates; (5) Phencyclidine; (6) Barbiturates; (7) Methaqualone; (8) Benzodiazepines; (9) Propoxyphene; (10) Methadone; (11) Alcohol; and (12) Any ot…

(a) Prior to the collection of any sample for substance abuse testing, the individual to be tested shall be supplied by the third party with: (1) A written statement of the specific substances to be tested for; and (2) A statement that over-the-counter medications or prescribed d…

(a) In addition to section 11-113-5, the collection of urine specimens shall include the following: (1) Procedures for collecting urine specimens shall allow for individual privacy unless there is reason to believe that a particular individual may alter or substitute the specimen…

In addition to section § 11-113-5, the collection of blood specimens shall include the following: (1) Blood specimens may be drawn only by a physician, registered nurse, a person with a clinical laboratory personnel license, or a phlebotomist deemed qualified by the director of a…

(a) Laboratories in this State performing substance abuse testing shall be licensed by the department for that purpose. (b) A laboratory seeking a license shall submit to the department a request in writing for an application form. (c) Each license issued pursuant to this chapter…

(a) The director shall revoke the license of any laboratory issued under this chapter if the director determines that the reliability and accuracy of substance abuse tests and the accurate reporting and confidentiality of test results by the laboratory can no longer be ensured. (…

(a) The purpose of this chapter is to ensure that appropriate and uniform forensic alcohol testing is performed throughout the State of Hawaii so that legal criteria are met and reliable and accurate results are assured. (b) This chapter applies to individuals or laboratories who…

(a) Operators of breath alcohol testing instruments shall be responsible for performing breath alcohol tests pursuant to section 11-114-6 and record keeping pursuant to section 11-114-12(b) (1). (b) No person shall serve as an operator unless the person has a valid supervisor's l…

Results of breath alcohol tests when required shall be submitted to the appropriate governmental agency or agencies. Notes Haw. Code R. § 11-114-11 [Eff DEC 30 1993] (Auth: HRS § 321-161) (Imp: HRS §§ 321-161; 286-2; 286-151; 286-152; 286-153; 286-154; 286-155.5; 286-158; 286-160…

(a) Records shall be kept and maintained at the direction of a supervisor. (b) Records shall include information on: (1) Each breath alcohol test conducted; (2) Accuracy tests; and (3) Maintenance and repair of instruments used in the testing of breath for alcohol. (c) Records ma…

(a) The DUI coordinator may conduct on-site surveys of breath alcohol testing locations. (b) Written reports of surveys shall be sent by the DUI coordinator to the chief of police. (c) At no cost to the department, law enforcement jurisdictions in the State shall accept and test …

(a) The DUI coordinator or chief of police may issue supervisor licenses or renewals. (b) The chief of police may issue operator licenses or renewals. (c) The chief of police should submit to the DUI coordinator in June of each year a roster of supervisors and operators, instrume…

(a) A written notice of license revocation shall be issued by the DUI coordinator or the chief of police, whichever issued the license, to any supervisor or operator who: (1) Obtains the license by deception; (2) Falsifies breath alcohol test data or records; or (3) Is no longer …

Notes Haw. Code R. § 11-114-16

As used in this subchapter: "Alcohol" means ethyl alcohol. "Alcohol testing supervisor" means a person who supervises alcohol analysts and meets the requirements of section 11-114-19. "Alcohol analyst" means a person who performs alcohol tests of blood or other bodily substances …

(a) With the exception of the provisions in section 286-153, HRS, no laboratory shall perform alcohol tests pursuant to this subchapter without an alcohol testing laboratory license issued by the director of health. (b) A laboratory may qualify for and maintain a license to condu…

(a) The alcohol testing supervisor shall: (1) Be responsible for the validity of all alcohol tests conducted by the laboratory; (2) Oversee maintenance and repair of instruments and related accessories; (3) Ensure that only properly qualified alcohol analysts conduct alcohol test…

Nothing in this chapter shall be construed as limiting the introduction in any legal proceeding of relevant evidence of the alcohol concentration of a person's blood, breath, or other bodily substance not obtained in strict compliance with the requirements of this chapter provide…

(a) Alcohol analysts shall: (1) Perform alcohol testing of blood and other bodily substances; (2) Use testing procedures approved by the department; and (3) Keep records required by the alcohol testing supervisor. (b) Alcohol analysts who perform alcohol testing of blood and othe…

(a) At no cost to the department, each laboratory licensed to perform alcohol testing shall participate in a performance evaluation program for alcohol testing which is approved in writing by the DUI coordinator. (b) The testing procedure used to test the performance evaluation s…

(a) Except as provided in subsection (f), only those blood alcohol testing procedures which have been approved in writing by the DUI coordinator shall be used. (b) For each blood alcohol testing procedure for which approval is requested the alcohol testing supervisor shall submit…

(a) The following safeguards shall be observed in the collection of a blood sample from a living individual for determination of its alcohol content: (1) Blood shall be drawn only by a qualified person as specified in section 286-152, HRS. (2) The area of puncture for the drawing…

(a) With each batch of samples, the alcohol analyst shall use appropriate reference samples as specified in the procedure approved by the DUI coordinator in writing for that laboratory. (b) A copy of the written procedure shall be accessible to the alcohol analyst performing the …

Results of blood or other bodily substance alcohol tests, when required, shall be submitted to the appropriate governmental agency or agencies. Notes Haw. Code R. § 11-114-25 [Eff DEC 30, 1993] (Auth: HRS § 321-161) (Imp: HRS §§ 321-161; 286-2; 286-151; 286-152; 286-153; 286-154;…

(a) Records shall be kept and maintained at the direction of the alcohol testing supervisor. Records shall include information on: (1) Each blood test conducted; (2) Maintenance, or repair, or both of instruments used in the testing of blood or other bodily substances for alcohol…

(a) The DUI coordinator may conduct on-site surveys of licensed laboratories. Written reports of surveys shall be sent by the DUI coordinator to the alcohol testing supervisor. (b) At no cost to the department, laboratories shall accept and test performance evaluation samples whi…

(a) The director of health may issue alcohol testing laboratory licenses or renewals. (b) License issuance is contingent upon compliance by the laboratory with the provisions of section 11-114-18. (c) An alcohol testing supervisor shall submit in writing a request to the director…

(a) The director of health shall issue a written notice of revocation of the alcohol testing license of any laboratory which: (1) Obtains the license falsely or deceitfully; (2) Falsifies alcohol test data or records; (3) Is no longer in operation; (4) Has no qualified clinical l…

Should any section, paragraph, sentence, clause, phrase, or application of this chapter be declared unconstitutional or invalid for any reason, the remainder of this chapter will not be affected. Notes Haw. Code R. § 11-114-3 [Eff DEC 30, 1993] (Auth: HRS § 321-161) (Imp: HRS §§ …

(a) A laboratory may file a letter requesting reinstatement with the director of health within twenty days of receipt of a notice of license suspension or revocation. (b) Should no letter requesting reinstatement be filed with the director of health within twenty days of the rece…

As used in this subchapter: "Alcohol" means ethyl alcohol. "Accuracy test" means a test performed periodically using a simulator as an accuracy verification device to establish the accuracy of a breath alcohol testing instrument. "Accuracy verification device" means a device or a…

(a) Breath alcohol tests shall be performed using a model of: (1) Breath alcohol testing instrument; (2) Breath alcohol testing instrument accessories; and (3) Accuracy verification device which are approved by the DUI coordinator. (b) The model specifications of NHTSA for eviden…

(a) Except as provided in subsection (c), every breath alcohol testing procedure shall be approved by the DUI coordinator in writing and shall include, but not be limited to: (1) Performance of an accuracy verification test with each breath alcohol test, using an approved accurac…

(a) Every accuracy test procedure shall be approved by the DUI coordinator in writing and shall include, but not be limited to the following requirements: (1) The test shall be conducted by a supervisor; (2) At least two different reference samples and an air blank shall be run w…

Maintenance and repair of breath alcohol testing instruments shall be the responsibility of the agency using the instruments and shall not be at the expense of the department. Notes Haw. Code R. § 11-114-8 [Eff DEC 30 1993] (Auth: HRS § 321-161) (Imp: HRS §§ 321-161; 321-1; 321-9…