Hawaii Administrative Code

A suspension shall be effective immediately. A proposed revocation shall be effective thirty days after written notice is given, or, if review is requested, upon the hearing officer's decision to uphold the proposed revocation. If the hearing officer does not uphold the suspensio…

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

Laboratories seeking license renewal should request renewal in writing to the department not less than three months prior to the expiration date of the license in force. Notes Haw. Code R. § 11-113-14 [Eff 1/23/92; am and Comp OCT 19 2007] (Auth: HRS §§ 329B-4, 329B-8) (Imp: HRS …

(a) The laboratory shall have a scientific director to assume overall professional responsibility for the laboratory's drug testing facility. This individual shall have the following minimum qualifications: (1) A Ph.D. in one of the natural sciences such as toxicology, pharmacolo…

(a) The performance testing program is part of: (1) The initial evaluation of a laboratory seeking a license; and (2) The continuing assessment of laboratory performance necessary to maintain a license. (b) Successful participation in three consecutive cycles of testing shall be …

(a) Initial application for license: (1) An applicant laboratory shall not report any-false positive results during performance testing for initial certification. (2) An applicant laboratory shall maintain an overall grade level of eighty per cent for the three cycles of performa…

(a) When a shipment of specimens is received, laboratory personnel shall inspect each package for evidence of possible tampering and compare information on specimen bottles within each package to the information on the accompanying chain of custody forms. Any direct evidence of t…

(a) Laboratories shall have a quality assurance program which encompasses all aspects of the testing process including but not limited to specimen acquisition, chain of custody, security and reporting of results, initial and confirmatory testing, and validation of analytical proc…

As used in this chapter: "Alcohol" means ethyl alcohol. "Chain of custody" means procedures to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. "Collection site" means a place w…

(a) For purposes of this chapter, a medical review officer must possess a current and valid medical review officer license from the director. (b) All requests for a license shall be in writing to the director. (c) To qualify for the license, a person must present evidence of bein…

(a) Any medical review officer license may be revoked or suspended by the director at any time, or may be denied, for any one or more of the following acts or conditions on the part of the holder of such license or the applicant therefor: (1) Being habituated to the excessive use…

(a) When the director seeks to suspend or revoke the license of a medical, review officer, the director shall immediately serve the medical review officer with written notice of the suspension or proposed revocation by personal service, or by registered or certified mail, return …

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…

Notes Haw. Code R. § 11-113-28 [Eff OCT 19 2007]

(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. (…

As used in this chapter: "Burial site" has the same meaning as defined in section 6E-2, Hawaii Revised Statutes (HRS). "Cemetery" has the same meaning as defined in section 441-1, HRS. "Cemetery authority" has the same meaning as defined in section 441-1, HRS. "Cemetery property"…

(a) The fee to apply for a disinterment permit is $7.50 for each set of remains and is due with the application, except as otherwise provided by law or in section 11-118-13. (b) Fees are not transferable or refundable, even if an application is denied. (c) Value added electronic …

(a) After receiving a permit to disinter from the state registrar, the mortuary, mortuary authority, cemetery, or cemetery authority that submitted the application for disinterment on behalf of an applicant shall determine that the disposition of the remains is consistent with th…

(a) Any person who exposes, disturbs, or removes any remains from a place of burial without a disinterment permit is subject to a fine of not more than $100, or such higher amount as is authorized by law; provided that an inadvertent exposure, disturbance, or removal of remains i…

(a) An application for the disinterment of remains of unknown or unidentified armed forces members is subject to the requirements of this chapter, unless otherwise provided in this section, and shall be made by the United States Department of Defense. (b) The United States Depart…

(a) If an applicant seeks to disinter one or more sets of unidentified remains that are known to be or are discovered to be in a known place of burial, the applicant shall contact the department of land and natural resources for a determination of whether the remains are under th…

(a) This chapter shall not apply where a court in the circuit where the remains are located has issued an order allowing for the disinterment of remains. (b) The department may issue a disinterment permit retroactively in the case of extenuating circumstances, such as a natural d…

(a) Subject to section 11-118-3, a disinterment permit is required for the disinterment or disturbance of remains from a place of burial for all purposes, including: (1) Removing or disturbing and reinterring the same remains in the same location; (2) Interring additional remains…

(a) The state registrar shall not issue a disinterment permit for remains that appear to be over fifty years old which are discovered or are known to be buried at any place of burial other than a known, maintained, actively used cemetery unless the applicant for the disinterment …

(a) Individuals eligible to apply for a disinterment permit include: (1) A survivor of the decedent in the following priority order: (A) Spouse or reciprocal beneficiary; (B) Child eighteen years of age or older, or if more than one child, a majority of the children eighteen year…

(a) An applicant for a disinterment permit shall use the services of a mortuary or cemetery to submit an application for a disinterment permit to the state registrar on a form and in a manner approved by the state registrar. An owner of a family burial plot is not considered a ce…

(a) Approval to use the electronic disinterment application and permit system shall be granted to a mortuary, mortuary authority, cemetery, or cemetery authority that: (1) Applies to use the electronic disinterment application and permit system on a form and in a manner approved …

(a) An application for a disinterment permit shall include the following information, if known. If it is unknown, indicate "Unknown" or give the best approximation on the application.(1) Decedent's full name; (2) Date of death; (3) Place of death; (4) Decedent's date of birth or …

(a) Upon the electronic submission of an application for a disinterment permit to the department, the department may approve or deny the application. Approval is subject to the following:(1) The remains shall be under the department's jurisdiction pursuant to sections 11-118-2 an…

(a) The state registrar shall deny a disinterment permit when: (1) An applicant submits a substantially incomplete application; (2) An applicant is not eligible to apply for a disinterment permit; (3) The remains are under the jurisdiction of the department of land and natural re…

The purpose of this chapter is to establish instructions and procedures for filing of a Hawaii adopted in Hawaii. Notes Haw. Code R. § 11-120-1 [Eff. FEB 19 1981] (Auth: HRS Secs. 321-9, 338-2) (Imp: HRS Sec. 338-20.5)

(a) An application by a legal parent or an adult adoptee shall be filed with the state registrar of vital statistics before a new certificate of birth entitled a "Hawaii Certificate of Foreign Birth" is issued. (b) Application forms shall be provided by the department of health. …

(a) The applicant shall provide the following information: (1) Full name at birth or prior to the adoption; (2) Sex; (3) Color or race; (4) Date of birth (if unknown, this shall be approximated); (5) Place of birth (true or probable country of birth); (6) New name as set forth in…

Upon submission of the application as provided herein, the registrar shall prepare and file the Hawaii certificate of foreign birth that shall contain the following information: (1) Information about the adopted person: (A) Full name as set forth in the adoption decree; (B) Sex; …