Chapter 321 — Chapter 321

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS §321-1 General powers and duties of the department. (a) The department of health shall have general charge, oversight, and care of the health and lives of the people of the State, and shall pursue as a goal, the achievement of health …

[§321-1.1 Development of environmental goals and objectives.] The department of health, with input from the regulated community and general public, shall develop environmental goals and objectives, to be used in the implementation of its programs which shall ensure that the follo…

§321-1.3 Domestic violence and sexual assault special fund. (a) There is established within the state treasury a special fund to be known as the domestic violence and sexual assault special fund to be administered and expended by the department of health. (c) Fees remitted pursua…

§321-1.4 Office of health care assurance special fund; deposits; expenditures. (a) There is established within the department of health, to be administered by the department of health, the office of health care assurance special fund into which shall be deposited moneys collected…

§321-10 Rules, adoption, effect. All rules and regulations made by the department of health shall be made in conformity with chapter 91. They shall have the force and effect of law. [PC 1869, c 59, §7; RL 1925, §913; RL 1935, §905; am L 1939, c 136, §1; RL 1945, §2012; am L 1945,…

§321-11 Subjects of health rules, generally. The department of health pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting: The department of health may require any certificates, permits, or licenses that it may deem necessary…

§321-11.2 Adult foster homes. (a) The department of health is authorized to certify adult foster homes for individuals with developmental or intellectual disabilities requiring care beyond the individual's eighteenth birthday. "Adult foster home" means a private family home provi…

§321-11.3 REPEALED. L 1987, c 12, §1.

§321-11.5 Establishment of fees. (a) The department of health, by rules adopted pursuant to chapter 91, may establish reasonable fees for the issuance or renewal of licenses, permits, variances, and various certificates required by law or by the department's rules. The fees may i…

§321-11.7 REPEALED. L 2013, c 212, §7(3).

PART X. SEXUALLY TRANSMITTED DISEASES §321-111 Sexually transmitted disease prevention program. (a) The departments of health and education shall cooperate with each other and other public and private authorities as they may deem advisable for the education of minors and members …

§§321-112 to 321-114 REPEALED. L 1981, c 241, §2.

§321-115 Prophylactics. (a) As used in this section "prophylactic" means any device or appliance used or to be used for the prevention of sexually transmitted diseases. (b) The department of health may adopt rules and charge fees to regulate the sale of prophylactics through vend…

§321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians. The department of health may prescribe rules and regulations which it deems necessary for the public health and safety relative to barbers, hairdressers, cosmeticians, cosmetologists, and beauticians, a…

PART XI. CHRONIC RENAL DISEASE--REPEALED §§321-121 to 321-123 REPEALED. L 1998, c 45, §1.

§321-13 Regulation of certain other occupations. (a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety respecting: The rules shall have the force and effect of law. (b) It shall be unlawful for any p…

[§321-13.5 Certified nurse aides; investigations of abuse and neglect.] The department shall adopt rules pursuant to chapter 91 relating to:

PART XII. SAFETY GLAZING OF GLASS--REPEALED §§321-131 to 321-137 REPEALED. L 1988, c 3, §2.

§321-14 License to practice certain occupations. It shall be unlawful for any person to practice any of the occupations specified in section 321-13(a)(1) without a license so to do; any person wishing to obtain a license to engage in any of the specified occupations shall make ap…

§321-14.5 Hospitals; licensing. (a) All hospitals shall be licensed by the department to ensure the health, safety, and welfare of the individuals placed therein. (b) The director shall adopt rules in accordance with chapter 91 that shall provide for the licensing of hospitals. (…

§321-15 Biennial registration; fees, failure to register; denial, suspension, or revocation of a license. (a) Every person holding a license to practice any occupation specified in section 321-13(a)(1) shall reregister with the department of health every other year in accordance …

§321-15.1 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in…

§321-15.2 Background checks. (a) For the purposes of this section: "Adults" means individuals aged eighteen years or older. "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility. If the applicant is an entity, the term "applicant…

[§321-15.3 Criminal history disclosure of prospective care home resident.] Notwithstanding any other law to the contrary, the department of health shall disclose to the operator of an adult residential care home, to the extent that the division or office of the department that is…

§321-15.5 REPEALED. L 1978, c 107, §4.

§321-15.6 Adult residential care homes; licensing. (a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.9. (b) The director…

§321-15.7 Penalty. Any person who intentionally operates an adult residential care home or hospice home without a license shall be guilty of a misdemeanor. [L 1978, c 107, pt of §3; am L 1985, c 272, §6; am L 1989, c 223, §2; am L 1999, c 77, §7]

§321-15.8 REPEALED. L 1988, c 205, §1.

§321-15.9 Developmental disabilities residential services. (a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental or intellectual disabilities who are unable to live independently and who require super…

PART XIII. EMERGENCY SERVICES--REPEALED §321-151 REPEALED. L 1978, c 148, §1.

[PART XIV. BLOOD ALCOHOL] §321-161 Chemical testing for alcohol concentration or drug content. (a) The department of health shall establish and administer a statewide program relating to chemical testing of alcohol concentrations or drug content for the purposes of chapters 286, …

§321-17 Vessels to carry diseased persons; penalty. Vessels, regardless of tonnage, and other common carriers, shall be permitted or required to carry persons having Hansen's disease or other contagious diseases under such restrictions and provisions as may be prescribed by the d…

PART XV. MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS §321-171 Mental health services for children and adolescents; department responsibility. It shall be the responsibility of the department of health to: These services shall be delivered as soon as reasonably possible af…

§321-171.5 Employees of the department of health, its providers and subcontractors; background checks. (a) The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as …

§321-172 Child and adolescent mental health division. There shall be established within the department of health a child and adolescent mental health division, which shall coordinate the effective and efficient delivery of mental health services to children and adolescents, inclu…

§321-173 Family guidance centers for children and adolescents. The division shall implement and administer family guidance centers. The family guidance centers, in conjunction with other public and private agencies, shall develop and provide a network of preventative, early ident…

§321-174 Coordination of services with department of education. The child and adolescent mental health services team shall cooperate with the schools located in their particular geographic region in identifying and referring for treatment such children or adolescents in need of m…

§321-175 Statewide child and adolescent mental health services plan. (a) Commencing no later than twenty days before the convening of the regular session of 2027, and every five years thereafter, the division shall develop and submit to the governor and the legislature a current …

§321-176 REPEALED. L 2025, c 178, §9.

§321-18 Penalty. Except when another penalty is provided, every person who violates any rule of the department, after the same has been adopted, as provided in section 321-10, shall be guilty of a misdemeanor. [PC 1869, c 59, §8; RL 1925, §914; RL 1935, §906; am L 1943, c 18, §1;…

[PART XVI.] SUBSTANCE ABUSE §321-191 Definitions. As used in this part: "Advisory commission" means the state advisory commission on drug abuse and controlled substances established in section 329-2. "Clean and sober home" means a dwelling unit that is intended to provide a stabl…

§321-193 Duties and responsibilities of department. The department shall:

§321-193.5 Interagency coordination. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety, Hawaii paroling authority, judiciary, department of health, department of human services, and any other a…

§321-193.7 Clean and sober homes registry. (a) The department shall establish a voluntary clean and sober homes registry to assist persons recovering from substance abuse to have a safe, clean, and sober environment that supports their recovery. The department shall establish pro…

§321-198 State funding of substance abuse agencies. Certification of a private substance abuse agency pursuant to section 321-193(10), shall be a necessary prerequisite to that substance abuse agency receiving any state funding. This section shall take effect on December 31, 1979…

§321-2 General office. The department of health shall maintain its general office in Honolulu and such other offices throughout the State as it, in its discretion, may deem to be necessary for the proper performance of its functions. [L 1937, c 122, pt of §2; am L 1941, c 16, §1;…

§321-2.5 Volunteer medical assistance personnel. (a) This section shall apply to all volunteer medical assistance personnel, including: licensed or certified in this State, or employed by a health care facility, while providing volunteer medical assistance services. (b) Any volun…

PART XVII. SMOKING IN PUBLIC PLACES--REPEALED §§321-201 to 321-206 REPEALED. L 1987, c 234, §4.

§321-22.5 Trauma system special fund. (a) There is established within the state treasury a special fund to be known as the trauma system special fund to be administered and expended by the department of health. The fund shall consist of: The unexpended and unencumbered moneys in …

PART XVIII. STATE EMERGENCY MEDICAL SERVICES SYSTEM §321-221 Findings and purpose. The legislature finds that the establishment of a state emergency medical services system, including emergency medical services for children, is a matter of compelling state interest and necessary …