Hawaii Administrative Code

As used in this chapter: "Adequate supply" has the same meaning as defined in section 329-121, HRS. "Adequate supply for a qualifying out-of-state patient" has the same meaning as defined in section 329-121, HRS. "Advanced practice registered nurse" has the same meaning as define…

The department shall approve or deny an application for registration or renewal of registration for a qualifying patient or primary caregiver within thirty calendar days of receipt of an application that has been deemed complete by the department or as soon thereafter as is pract…

(a) The department may deny an application for or renewal of a qualifying patient's or primary caregiver's registration for any of the following reasons: (1) Failure to provide the information required in section 11-160-16; (2) Failure to meet the requirements set forth in this c…

To register with the department as the primary caregiver of a qualifying patient, a person shall: (1) Be at least eighteen years of age; (2) Not be the qualifying patient or the qualifying patient's physician; (3) Agree to undertake responsibility for managing the well-being of t…

Upon the effective date of a registration card issued by the department to a primary caregiver, the primary caregiver may: (1) Cultivate cannabis on behalf of a registered qualifying patient only at the grow site and in an amount that, jointly possessed between the qualifying pat…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…

(a) A qualifying patient or primary caregiver to whom the department has issued a registration card shall carry the registration card on his or her person whenever the qualifying patient or primary caregiver is in possession of medical cannabis. (b) The qualifying patient or prim…

A registration card issued to a qualifying patient or primary caregiver shall, at a minimum, contain: (1) The qualifying patient's name and date of birth; (2) The primary caregiver's name and date of birth; (3) The location of the grow site, if any; (4) The registration identific…

(a) After obtaining a registration card, a qualifying patient shall notify the department, on forms and in a manner prescribed by the department, within ten working days after any change to the information the qualifying patient or the qualifying patient's primary caregiver previ…

A registration card issued to a qualifying patient or primary caregiver shall be valid for up to one year from the effective date established by the department unless revoked or voided. Where a qualifying patient's certifying physician or certifying advanced practice registered n…

(a) A registration card issued to a qualifying patient or primary caregiver may be renewed, on forms and in a manner prescribed by the department, by meeting the requirements of subchapter 4. (b) The department shall process renewal applications in the same manner as specified in…

No registration card issued to a qualifying patient or primary caregiver shall be assigned or otherwise transferred to any other person. Notes Haw. Code R. § 11-160-36 Eff 7/18/2015 (Auth: HRS § 321-9) (Imp: HRS § 329-123) Comp 2/25/2019

(a) The department may revoke a registration card issued to a qualifying patient or primary caregiver for any of the following reasons: (1) Violation of any provision of this chapter or part IX of chapter 329, HRS; (2) Submission of misleading, incorrect, false, or fraudulent inf…

(a) A registration card issued to a qualifying patient shall automatically be void; (1) Upon the day following its expiration date; (2) Upon the issuance of a replacement registration card due to a change in information pursuant to section 11-160-33; (3) Upon the death of the qua…

Nothing in this chapter is intended to represent anything about the legality of the use or possession of marijuana pursuant to federal law. Notes Haw. Code R. § 11-160-4 Eff 7/18/2015 (Auth: HRS § 321-9) (Imp: SLH 2000, Act 228, §1) Am and comp 2/25/2019 (Imp: SLH 2017, Act 170, …

Upon the revocation or voiding of a qualifying patient's or primary caregiver's registration card, all unused cannabis in the possession of the qualifying patient or primary caregiver shall be disposed of immediately by rendering the unused cannabis unusable in a manner approved …

(a) The department may, at any time during or after the registration or renewal process, contact a qualifying patient, primary caregiver, certifying physician, certifying advanced practice registered nurse, qualifying out-of-state patient/ caregiver of a qualifying out-of-state p…

(a) A person aggrieved by a decision made pursuant to section 11-160-21, 11-160-38, 11-160-43.04, or 11-160-43.11 may request a reconsideration of the action. (b) A request for reconsideration shall be submitted to the department within five working days from the date of notifica…

(a) All information received and records kept -by the department for purposes of administering this chapter are confidential and not subject to disclosure except to: (1) Employees or agents of the department as necessary to perform their official duties under this chapter; (2) Fe…

A qualifying patient shall have a written certification from a physician or an advanced practice registered nurse for at least one of the following debilitating medical conditions for the medical use of cannabis: (1) A statutorily-approved medical condition pursuant to section 32…

(a) Any physician, advanced practice registered nurse, or potentially qualifying patient seeking to add a medical condition to the list of debilitating medical conditions shall file a written petition with the department on forms and in a manner prescribed by the department. For …

The director may remove or modify a department-approved debilitating medical condition if the director determines, on the basis of substantial credible medical and scientific evidence that in the director's opinion the use of cannabis by patients who have the approved condition w…

The purpose of this chapter is to establish minimum requirements for the control of tuberculosis in the State. Notes Haw. Code R. § 11-164.2-1 [Eff 3/17/2018] (Auth: HRS §§ 321-1, 321-9, 325-13) (Imp: HRS §§ 302A-1162, 321-1, 321-9, 325-13)

(a) Any practitioner, individual in charge of an inpatient or outpatient health care facility, laboratory director, or infection control officer who makes a diagnosis of TB disease or identifies a person suspected of having TB disease shall report this to the department using the…

Upon request, any practitioner, individual in charge of an inpatient or outpatient health care facility, laboratory director, or infection control officer treating a person for TB disease shall provide the department any additional information relative to the person's case as is …

Notwithstanding a person's possession of a TB clearance, any person who is: (1) Known to have TB disease; (2) Reported to the department as having TB disease; (3) Reasonably suspected by the department of having TB disease; or (4) Reasonably suspected by the department to have be…

For purposes of evaluating persons required by this chapter to obtain a TB clearance, practitioners and the department shall follow the instructions and procedures in the document entitled "DOH TB Clearance Manual", dated 07/18/2017. This document is available from the department…

Notes Haw. Code R. §§ 11-164.2-14 to 11-1642-19 [Res 3/17/2018]

As used in this chapter: "Annually" means within the range of three hundred thirty-five to three hundred ninety-six days. "Child care facility" has the same meaning as defined in section 346-151, Hawaii Revised Statutes (HRS) and includes child care facilities licensed by the Dep…

(a) Prior to starting employment at a child care facility or school, employees shall present to the administrator of the child care facility or school:(1) A TB clearance obtained within twelve months prior to the start date; or (2) A TB clearance obtained after age sixteen. (b) E…

(a) Prior to attending a child care facility or school in the State a child shall present to the administrator of the child care facility or school a TB clearance; provided that if a TB clearance was obtained before the child was twelve months of age, the child shall obtain a new…

(a) Prior to starting employment at a post-secondary school, post-secondary school personnel shall present to the administrator of the post-secondary school: (1) A TB clearance obtained within twelve months prior to the start date; or (2) A TB clearance obtained after age sixteen…

(a) Prior to attending a post-secondary school in the State for a course of study longer than one hundred twenty days, a person shall present to the administrator of the school: (1) A TB clearance obtained within twelve months prior to the start date; or (2) A TB clearance obtain…

(a) Employees, contract workers, and volunteers working more than ten hours per week in health care facilities or residential care settings licensed or otherwise regulated by the department and residents of health care facilities or residential care settings licensed or otherwise…

(a) Prior to starting employment as a food handler, a person shall present to the employer a copy of: (1) A TB clearance obtained within twelve months prior to the start date; or (2) A TB clearance obtained after age sixteen. (b) Persons engaged in food handling only at carnivals…

(a) Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and subject to the fines and penalties provided by law for a misdemeanor. (b) Any person who fraudulently obtains a TB clearance shall be subject to the penalties in subsection (a) and sha…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…

The director may suspend any or all of these rules in the event of a shortage of diagnostic or treatment materials, or in the event of a public health emergency as declared by the director. Notes Haw. Code R. § 11-164.2-5 [Eff 3/17/2018] (Auth: HRS §§ 321-9, 325-13) (Imp: HRS §§ …

Notes Haw. Code R. §§ 11-164.2-6 to 11-1642-9 [Res3/17/2018]

The purpose of this chapter is to establish rules governing the care and treatment of persons afflicted with Hansen's Disease. Notes Haw. Code R. § 11-168-1 [Eff. NOV 05 1981] (Auth: HRS § 326-24) (Imp: HRS § 326-24)

There shall be no restriction on the type of employment that may be engaged in by any person with the non-communicable form or stage of Hansen's disease. Notes Haw. Code R. § 11-168-10 [Eff. NOV 05 1981] (Auth: HRS §§ 326-21, 326-22, 326-24) (Imp: HRS §§ 326-21, 326-22, 326-24)…

Patients shall continue on outpatient follow-up care until the likelihood of any further complications of Hansen's disease have passed. Contacts may be discharged from the outpatient service after medical examinations show no evidence of Hansen's disease. Notes Haw. Code R. § 11-…

Any person who violates the provisions of this chapter shall be fined not more than five hundred dollars or imprisoned for not more than one year, or both. Notes Haw. Code R. § 11-168-12 [Eff. NOV 05 1981] (Auth: HRS § 326-24) (Imp: HRS § 326-39)

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. Notes Haw. …

Unless otherwise indicated in the context, the following definitions shall apply: "Communicable form or stage" means that form or stage of Hansen's Disease during which viable acid-fast organisms (mycobacterium leprae) are demonstrable in scrapings of skin or in tissue specimens …

(a) Any physician having under his care or supervision a person with a disease believed to be Hansen's disease shall report the disease promptly to the department. (b) The superintendent or management of any hospital in which a diagnosis of Hansen's disease is made after admissio…

(a) Any person reported as having Hansen's disease or suspected of having Hansen's disease shall be referred by his physician for examination by a consultant skilled in the examination and diagnosis of Hansen's disease as agreed upon by the patient or his physician and the direct…