Hawaii Administrative Code

(a) Any person who shall knowingly or wilfully make any false statement to the department relative to any matter under this chapter or who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $5…

Should any section, paragraph, sentence, clause, phrase or application of this chapter be declared unconstitutional or invalid for any reason, the remainder or any other application of this chapter shall not be affected. Notes Haw. Code R. § 11-17-14 [Eff. SEP 18 1981] (Auth: HRS…

As used in these rules: "Adequate," "approved," and "proper," mean the procedure is acceptable to the director based on the determination as to its conformity with aseptic techniques. "Aseptic technique" means the practice which prevent and hinder the transmission of disease prod…

(a) No person, partnership, firm, or corporation shall operate a tattoo shop unless such person, partnership, firm, or corporation has registered such shop with the department and has been issued a permit. No permit shall be issued or renewed unless the shop has been inspected by…

(a) No person shall practice the art of tattoo unless the person holds a valid tattoo license issued by the department. A physician licensed to practice medicine in the State is exempt from this chapter. (b) Any person desiring to engage in tattooing shall apply in writing to the…

(a) After due notice and hearing the director may suspend or revoke any license or permit issued under this chapter for violation of the provisions of this chapter. (b) All revocation and suspension action shall not become effective nor final until an opportunity for a hearing ha…

A tattoo shop shall comply with the following requirements in order to qualify for an operating permit: (1) The owner or operator of a tattoo shop shall locate and construct the shop in areas least subjected to dust contamination. (2) The shop shall be maintained in a sanitary co…

(a) It shall be unlawful to tattoo any person who is under the influence of intoxicating substances. These substances include but shall not be limited to alcohol, drugs, paints, and glues. (b) It shall be unlawful to tattoo any person under the age of eighteen years without the w…

Not less than twenty-four sets of sterilized needles and tubes or tips shall be on hand for the entire day or night operation. Sterilization shall be done by one of the following methods: (1) By holding in an autoclave for fifteen minutes at fifteen pounds pressure. (2) By immers…

All dyes or pigments used in tattooing shall be from batches certified under the provisions of chapter 328, HRS. Notes Haw. Code R. § 11-17-9 [Eff. SEP 18 1981] (Auth: HRS §§ 321-10, 321-13) (Imp: HRS § 321-13)

The rules in this chapter govern procedures before the department of health for the certification and reimbursement of mental health rehabilitation services providers. Notes Haw. Code R. § 11-172-01 [Eff AUG 06 2005] (Auth: HRS § 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS §§ 321…

As used in this chapter: "Agency' means a for profit or not-for-profit organization that provides mental health rehabilitation services as defined herein. "Applicant' means an agency that is applying for initial certification or re-certification under this chapter. "Assertive com…

Each applicant who seeks to one or more of the following services: assertive community treatment services; biopsychosocial rehabilitation services; crisis management services; crisis residential services; intensive outpatient hospital services; or therapeutic living support servi…

Each applicant seeking initial certification or provider seeking re-certification under this chapter shall file an application with the department. The application shall be filed on the form prescribed and furnished by the department. The department shall not accept for filing an…

The application form prescribed by the department may vary according to the type of service being proposed in the application. The department may revise or amend the application forms from time to time. An application form may require the applicant to provide any information that…

Unless the department directs otherwise, the applicant shall file with the department the original and one copy of the application and supporting documentation. Notes Haw. Code R. § 11-172-06 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334…

An applicant who is not yet certified by the department may file an application at any time, or as directed by the department. Notes Haw. Code R. § 11-172-07 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

A provider who is already certified by the department, and who is seeking renewal of a certificate, shall file an application at least ninety days prior to the expiration of its existing certificate. Notes Haw. Code R. § 11-172-08 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 …

The department requires a complete application for review. The filing of an application with the department does not by itself mean that the application is complete. Notes Haw. Code R. § 11-172-09 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1…

(a) An application is complete when the department determines that the application is properly filled out and includes all necessary information. (b) The department shall determine if the application is complete within ten business days after the application is filed. If the appl…

When the department determines that the application is complete, it shall provide written notification to the applicant of the beginning of the review period. Notes Haw. Code R. § 11-172-11 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9…

To the extent practicable, the period for department review of the application shall not exceed ninety calendar days from the date of notification of completeness to the date when the department issues its decision on the application. Notes Haw. Code R. § 11-172-12 [Eff AUG 06 20…

The applicant shall submit documentation demonstrating that it complies with the department service standards established in the application form. Notes Haw. Code R. § 11-172-13 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

The department may conduct an on-site survey of an applicant for initial certification or renewal of certification. The applicant shall provide access to all records necessary to verify compliance with certification standards, and the department may conduct interviews with staff …

(a) Unless the application for a certificate has been withdrawn or dismissed, the department shall make its decision on the application within the required time. The decision may be: (1) An approval; (2) A disapproval; or (3) A determination of noncompliance pursuant to Section 1…

A certificate shall not be issued or denied solely because the department failed to issue a decision within the required time. Notes Haw. Code R. § 11-172-16 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

If the department determines that an existing provider applying for re-certification fails to comply with the certification requirements, it may, within thirty days after the conclusion of the on-site survey, provide a written statement of non-compliance. The statement of non com…

The applicant shall submit a written plan of correction which shall describe the actions to be taken and specify a timetable for correcting the areas of non-compliance with the certification requirements. The applicant shall submit the written plan to the department within thirty…

The department shall notify the applicant or provider if the plan of correction is acceptable within thirty days after receipt of the plan of correction. Notes Haw. Code R. § 11-172-19 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)…

The department may grant or continue a certificate after it verifies that the applican has complied with its written plan of correction and meets all the certification requirements. Notes Haw. Code R. § 11-172-20 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (…

The department may deny any application for initial certification or re certification for any of the following reasons: (1) The applicant or provider is not licensed to do business in the State of Hawaii; (2) The applicant or provider does not meet the service-specific standards …

Any applicant or provider denied certification under this chapter may appeal to the Adult Mental Health Division in accordance with its policies and procedures. If not satisfied with the final Adult Mental Health Division decision, the applicant or provider may appeal in writing …

Certification shall be granted for a period of time to be determined by the department, but not to exceed three years from the date of the department's decision under section 11-172-14, subject to the applicant or provider's continuous compliance with certification requirements. …

The department may conduct on-site surveys of an applicant or provider at any time without prior notice. Notes Haw. Code R. § 11-172-24 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

A certificate shall be issued only to the applicant named in the application. The certificate may not be sold, assigned, leased, donated, or otherwise transferred to any other applicant or provider. Notes Haw. Code R. § 11-172-25 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C…

The provider shall notify the department immediately of any changes in its operation that affect the provider's continued compliance with these requirements, including changes in ownership, control, service, affiliation, or referral arrangements. Notes Haw. Code R. § 11-172-26 [E…

The department may revoke a certificate at any time if it determines that the provider has failed to comply with any certification requirement. Notes Haw. Code R. § 11-172-27 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

Any provider whose certificate is revoked under this chapter may appeal in accordance with Adult Mental Health Division policies and procedures. If the provider is not satisfied with the final decision of the Adult Mental Health Division, the provider may appeal the decision in w…

Certification shall be considered terminated and invalid after its expiration date if the provider fails to apply for renewal of certification prior to the expiration, date of the certificate, voluntarily relinquishes certification or goes out of business. Notes Haw. Code R. § 11…

Contract for services. The department may enter into contracts with providers certified under this chapter. Notes Haw. Code R. § 11-172-30 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. § 431.10) (Imp: HRS § 321-1, 334-9)

Providers submitting claims for medical assistance reimbursement shall be reimbursed for services as provided in section 17-1737-44.1(f). Providers shall submit their claims to the department. Notes Haw. Code R. § 11-172-31 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. …

Medical assistance reimbursement to providers shall only be made for individuals eligible for medical assistance and who are medically determined to need community mental health rehabilitation services. These services must be recommended by a physician or other licensed practitio…

Providers shall submit information and data regarding appropriateness of CMHRS provided, lengths of stay, and quality of CMHRS provided to the department. Upon request, the applicant or provider shall deliver to the department the requested information. The department shall devel…

All individuals receiving mental health rehabilitation services under this chapter shall be entitled to choose their providers, subject to availability, from among those certified under this chapter. Notes Haw. Code R. § 11-172-34 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 …

If any provision of this chapter or application thereof to any agency or circumstance is held invalid, the application of the remainder of the chapter to other agencies or circumstances shall not be affected. Notes Haw. Code R. § 11-172-35 [Eff AUG 06 2005] (Auth: HRS §§ 321-1, 3…

The of this chapter is to establish a payment fee for care and treatment of patients at Hawaii State Hospital. Notes Haw. Code R. § 11-174-1 [Eff. NOV 5 1981] (Auth. HRS § 334-9) (Imp. HRS § 334-6)

As used in this chapter: "Patient" means persons under observation, care, and/or treatment at Hawaii State Hospital. Notes Haw. Code R. § 11-174-2 [Eff. NOV 5 1981] (Auth: HRS § 334-9) (Imp: HRS § 334-6)