Title 19, Health

[§321-237] Retention of relevant documentation. Notwithstanding any provision of this part or any other state or county law or ordinance to the contrary, the department shall maintain data repositories, charts, patient information, data submission, and epidemiology information fo…

[§321-26.5] Environmentally-sensitive cleaning and maintenance products for use in public schools; approved list of products. (a) The department of health shall maintain a list of products that have been approved by the Green Seal program for public school facilities to use as a …

§321-27 Sanitation and environmental health special fund. (a) There is established within the department of health the sanitation and environmental health special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, various certifi…

[§321-27.5] Audit of sanitation branch. The department shall perform annual audits of the sanitation branch to be completed by November 30 of each year, and shall include an audit of:

§321-28 Traumatic brain injury advisory board. There is established within the department of health the traumatic brain injury advisory board. The advisory board, in consultation with the neurotrauma advisory board, shall advise the department in the development and implementatio…

[PART XXI.] HEMOPHILIA [§321-281] Financial assistance fund for hemophilia. There is established within the department of health a financial assistance fund for persons suffering from hemophilia who require hemophilia-related medical care and treatment, but who are unable to pay …

[§321-282] General duties of the department. The department of health shall:

§321-29 Epidemiologic investigations. (a) The department may conduct investigations to determine the nature and extent of diseases and injuries deemed by the department to threaten the public health and safety. (b) Every person, health care provider, and medical facility shall pr…

[§321-29.5] Testing laboratory; diseases; air and water quality. (a) The department shall: (b) The department may obtain and expend federal moneys for the operation of the testing laboratory established pursuant to this section. [L 2022, c 121, §1]

[PART XXII.] NEWBORN METABOLIC SCREENING §321-291 Tests for phenylketonuria, hypothyroidism, and other metabolic diseases. (a) The department of health may specify diseases to be screened for in newborn infants and methods to be employed to best prevent mortality and morbidity wi…

[PART XXIIA. NEWBORN PULSE OXIMETRY SCREENING] [§321-296] Newborn pulse oximetry screening. (a) Prior to discharge of any newborn in its care, a birthing facility shall perform on the newborn a pulse oximetry test for critical congenital heart defects or other medically accepted …

[§321-30] Human placenta. Upon negative findings of infection or hazard after appropriate testing of the mother, the human placenta may be released by the hospital to the woman from whom it originated or to the woman's designee. The department shall establish a release form which…

§321-30.1 Medical cannabis registry and regulation special fund; established. (a) There is established within the state treasury the medical cannabis registry and regulation special fund. The fund shall be expended at the discretion of the director of health: (b) The fund shall c…

§321-30.2 Civil monetary penalty special fund. (a) There is established the civil monetary penalty special fund, to be administered by the department of health. The fund shall consist of moneys collected by the United States Department of Health and Human Services Centers for Med…

[§321-30.3] Default beverages offered with children's meals. (a) A restaurant that offers for sale a children's meal that includes a beverage shall offer with the children's meal as a default beverage one or more of the following: (b) Nothing in this section shall prohibit a rest…

[§321-30.4] Cosmetics; animal testing; prohibition. (a) Notwithstanding any other law to the contrary, and except as otherwise provided in this section, it shall be unlawful for a manufacturer to import for profit, sell, or offer for sale in the State any cosmetic for which the m…

[§321-30.5] Prohibition of plastic microbeads; personal care products; non-prescription drugs. (a) Beginning July 1, 2022, no person shall manufacture in the State a personal care product, except for a non-prescription drug, that contains plastic microbeads. (b) Beginning July 1,…

[PART XXIII. HEALTH EDUCATION] [§321-301] Bilingual health education aide program; establishment. There is established in the department of health a bilingual health education aide program. Under the program, bilingual health education aides shall assist in the provision of healt…

PART II. PREVENTIVE MEDICINE §321-31 Functions of the department. The powers, duties, and functions of the department of health relating to preventive medicine shall be as follows:

[§321-31.5] Public health standing orders; screening. [Section repealed June 30, 2027. L 2024, c 90, §5.] (a) The director of health may issue public health standing orders authorizing patients who are eighteen years of age or older to receive evidence-based items or services tha…

[PART XXIV.] ENVIRONMENTALLY-RELATED ILLNESS AND INJURY [§321-311] Environmentally-related illness and injury surveillance. The department of health shall maintain, as it deems advisable and within available resources, an environmentally-related human illness and injury surveilla…

[§321-312] Definition of environmentally-related illness or injury. Environmentally-related human illnesses or injuries are those designated acute or chronic adverse health effects associated with exposure to pesticides, lead, or other toxic substances determined by the director …

§321-313 Definition of health care professional. A health care professional means a physician or osteopathic physician as licensed under chapter 453. [L 1987, c 186, pt of §2; am L 2009, c 11, §34]

[§321-314] Reports to the department. Any health care professional who has the primary responsibility for the treatment of an individual who is suffering from environmentally-related illness or injury shall report the occurrence or suspected occurrence of such illness or injury t…

[§321-315] Confidentiality. Reports provided to the department under this section shall not be made public to protect the identity of the persons diagnosed to be suffering from an environmentally-related illness or injury; provided that statistical information collected under thi…

[§321-316] Immunity from liability. Any health care professional or laboratory director who complies with this part shall not be held civilly or criminally liable for providing the information required under this part. [L 1987, c 186, pt of §2]

[§321-317] Rules. The director of health shall adopt rules necessary for the purposes of this part pursuant to chapter 91. The rules shall include the director's determination of the penalties to be assessed for any failure of a health care professional or laboratory director to …

§321-32 Epidemiological specialists. Notwithstanding any other law to the contrary, epidemiological specialists may perform blood collection by venipuncture or capillary puncture and other methods of specimen collection, excluding catheterization, when employed by or acting as an…

PART XXV. MATERNAL AND CHILD HEALTH PROGRAM [§321-321] Purpose. The purpose of this part is to enable the department of health to assure the availability of programs and services which promote the health of women of childbearing age, mothers, families, infants, children, youths, …

[§321-322] Administration of programs. The department of health may administer programs to reduce infant and maternal mortality and morbidity, and otherwise promote the health of women of childbearing age, mothers, families, infants, children, youths, and adolescents. The types o…

[§321-323] Definitions. For the purposes of this part: "Preventive health care services" means services which promote, enhance, or maintain optimal health and well-being. "Target population" means women of childbearing age, mothers, families, infants, children, youths, and adoles…

[§321-324] Powers of the department. The department of health may:

[§321-325] Agreements. In carrying out the purposes of this part the director of health may:

[§321-326] Rules. The director shall adopt rules necessary to carry out the purposes of this part, including the establishment of criteria to determine eligibility to participate in the services provided under this part. [L 1988, c 203, pt of §1]

[§321-327] Hawaii home visiting program; established. (a) There is established within the department of health the Hawaii home visiting program, which shall be responsible for statewide hospital-based screening and home visiting services to identify families of newborns at risk f…

[§321-33] Shaken baby syndrome. (a) Any hospital that provides medical care to a newborn may provide each parent of the newborn with written educational information approved by the department of health and provided by nonprofit organizations about the dangerous effects of shaken …

[PART XXVI. PRENATAL HEALTH CARE] [§321-331] Prenatal health care; authority. (a) The department of health may adopt rules pursuant to chapter 91 to ensure that all pregnant women in this State are offered appropriate information, quality testing, diagnostic services, and follow-…

[§321-34] Cytomegalovirus public education. (a) The department of health shall provide public education to inform pregnant women and women who may become pregnant regarding: (b) The department of health shall provide the information described in subsection (a) to:

PART XXVII. CHILD DEATH REVIEW [§321-341] Multidisciplinary and multiagency reviews. The department of health may conduct multidisciplinary and multiagency reviews of child deaths in order to reduce the incidence of preventable child deaths. [L 1997, c 369, pt of §1]

§321-342 Definitions. As used in this part: "Child" means a person under eighteen years of age. "Child death review information" means information regarding the child and child's family, including but not limited to: "Department" means the department of health. "Director" means t…

§321-343 Access to information; use of child death review information; protections. (a) Upon written request of the director, all providers of health care, social services, and state and county agencies shall disclose to the department, and those individuals appointed by the dire…

[§321-344] Exception. Information regarding an ongoing civil or criminal investigation shall be disclosed at the discretion of the applicable state, county, or federal law enforcement agency. [L 1997, c 369, pt of §1]

[§321-345.5] Child death reviews; reports. (a) The director shall submit an annual written report to the legislature no later than twenty days prior to the convening of each regular session on the status of child death reviews conducted by the department pursuant to this part. Th…

[§321-346] Immunity from liability. All agencies and individuals participating in the review of child deaths pursuant to this part shall not be held civilly or criminally liable for providing the information required under this part. [L 1997, c 369, pt of §1]

[§321-35] Department of education student physical examination follow-up assistance and consultations. (a) No later than the end of the seventh grade school year, the department of health shall contact the parents or guardians of students listed pursuant to section 302A-1159(b) a…

PART XXVIII. INFANTS AND TODDLERS [§321-351] Definitions. As used in this part, unless the context requires otherwise: "Biological risk" means prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the developing central nervous system wh…