Title 19, Health

[§321-177] Rules. The director of health may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part. [L 1980, c 59, §6]

[§321-178] Definitions. As used in this part: "Client" means a child or adolescent who is receiving services from the child and adolescent mental health division. "Division" means the child and adolescent mental health division of the department of health. [L 2025, c 178, §2]

§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;…

[§321-19] Delegation to counties. Any provision to the contrary notwithstanding, the department of health may, in adopting rules and regulations under sections 321-9, 321-10, and 321-11, delegate functions for inspection and enforcement of such rules, including the function of is…

[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…

[§321-192] Substance abuse program. The department shall establish a substance abuse program in the State under this part. [L 1975, c 190, pt of §2]

[§321-192.5] Substance abuse treatment monitoring program. (a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the department shall establish a statewide substan…

§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…

[§321-194] State advisory commission. The state advisory commission on drug abuse and controlled substances established in section 329-2 shall advise the director on all matters relating to substance abuse including but not limited to the preparation of the state plan for substan…

[§321-195] Annual report to the legislature. The department shall submit an annual report to the legislature detailing its progress in the implementation of the state plan for substance abuse. The report shall be submitted twenty days before the beginning of each regular session …

[§321-196] Rules. The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this part. [L 1975, c 190, pt of §2]

[§321-197] Personnel. The director of health may hire such necessary personnel to carry out the purposes of this part in accordance with chapter 76. [L 1975, c 190, pt of §2; am L 2000, c 253, §150]

§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…

[§321-199] Alcohol and drug abuse division; homeless triage and treatment center program; establishment. (a) The department shall establish a homeless triage and treatment center program within the alcohol and drug abuse division that focuses on serving homeless individuals and i…

§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…

[§321-2.7] Preceptor credit assurance committee. (a) There is established the preceptor credit assurance committee within the department of health. The committee shall develop and implement a plan for certifying healthcare preceptor tax credits under section 235-110.25, including…

§321-20 Remedies. Notwithstanding other penalties, the director may enforce this chapter in either administrative or judicial proceedings:

[§321-21] Infectious wastes; management and disposal. The department of health shall adopt rules pursuant to chapter 91 for the management and disposal of infectious wastes generated by hospitals, clinics, other health care facilities, doctors' offices, dentists' offices, researc…

[Part XVIIA.] TOBACCO PRODUCTS [§321-211] Definitions. As used in this part: "Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, an electronic cigarette, electronic cig…

[§321-212] Tobacco products; possession or consumption prohibited. Possession or consumption of a tobacco product by a person under twenty-one years of age in a public place shall be prohibited. [L 2015, c 122, pt of §2]

[§321-213] Exemptions. This part shall not apply to:

[§321-214] Enforcement; rules. Any person under twenty-one years of age who violates section 321-212 shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required …

[§321-22] Long term care service development fund established. There is established in the treasury of the State a special fund to be known as the long term care service development fund, which shall be administered by the executive office on aging to provide grants to promote th…

§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 …

§321-222 Definitions. As used in this part, unless the context clearly requires otherwise: "Advanced life support" means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury…

§321-223 State emergency medical services system, establishment. The department shall establish, administer, and maintain the state emergency medical services system to serve the emergency health needs of the people in the service area. All emergency medical services or ambulance…

§321-224 Department of health, functions, duties. (a) In addition to other functions and duties assigned under this part, the department shall: (b) The department may assist in the implementation of a statewide poison information program, including the provision of a hospital-bas…

§321-224.2 Enhanced and expanded emergency medical services; fees. (a) The department shall establish reasonable fees to be collected from individuals who are: (b) The department may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this section. (c) No l…

§321-224.4 Community paramedicine program; established. (a) The department shall establish and administer the community paramedicine program within the service area. (b) The department shall: (c) For purposes of this part, "community paramedicine program" means an enhanced and ex…

§321-225 The state emergency medical services advisory committee. (a) There is established within the department of health for administrative purposes only the state emergency medical services advisory committee, which shall sit in an advisory capacity to the department of health…

[§321-225.5] Fall prevention and early detection coordinator. There is established within the emergency medical services and injury prevention system branch a fall prevention and early detection coordinator to coordinate the provision of public and private fall prevention and ear…

§321-226 Emergency medical services and systems, standards. The department shall establish statewide standards for emergency medical services and for emergency medical service systems consistent with this part and applicable federal guidelines for those services, including a requ…

§321-227 Regulation of ambulances. The department of health shall adopt, amend, and repeal rules under chapter 91 for the regulation of ambulances within the State, including but not limited to the certification of vehicles, equipment, supplies, and communications systems; provid…

§321-228 Emergency medical services; counties. The department shall determine, in consultation with the advisory committee under section 321-225, the levels of emergency medical services that shall be implemented in each county within the service area. The department may contract…

§321-229 Emergency medical services personnel, training programs. (a) The University of Hawaii shall provide training courses in basic, intermediate, and advanced life support for emergency medical services personnel statewide. The curricula and syllabi of these courses shall be …

[§321-229.2] First responder personnel; dementia training. (a) The employers of first responder personnel may obtain dementia training for first responder personnel, which may include: (b) The training shall be offered at no cost to the applicable first responder personnel and sh…

[§321-23] Catastrophic and traumatic emergency response program established. (a) The director shall establish within the department a catastrophic and traumatic emergency response program to: (b) The director shall compile a list of qualified mental health professionals who are w…

§321-23.3 Volunteer emergency medical disaster response personnel. (a) All volunteer emergency medical disaster response personnel including: licensed in the State, or employed by a health care facility, while engaged in the emergency response to a mass casualty event or disaster…

§321-23.6 Rapid identification documents. (a) The department shall adopt rules for emergency medical services that shall include: (b) The rules shall provide for the following:

§321-230 Technical assistance, data collection, evaluation. (a) The department may contract for technical assistance and consultation, including categorization, data collection, and evaluation appropriate to the needs of the statewide emergency medical services system. The collec…

[§321-231] Grants. The state system may seek and accept any funds or property and other desirable support and assistance from any source whatsoever, whether gift, grant, services or any combination thereof, subject to applicable laws. In the event that any grant applications are …

§321-232 Revenues; deposit into state general fund. (a) The department shall establish reasonable fees for services rendered to the public within the service area by the department, any county within the service area, or private agency under this part; provided that all revenues …