Chapter 325 — Chapter 325

PART I. GENERAL PROVISIONS §325-1 Diseases or conditions declared communicable or dangerous to public health. The director of health by rules adopted pursuant to chapter 91, may declare diseases or conditions to be communicable or dangerous to the public health. [L 1911, c 125, §…

§325-10 REPEALED. L 1996, c 211, §8.

PART VI. HIV INFECTION, ARC, AND AIDS §325-101 Confidentiality of records and information. (a) The records of any person that indicate that a person has a human immunodeficiency virus (HIV) infection, AIDS related complex (ARC), or acquired immune deficiency syndrome (AIDS), whic…

§325-102 Civil penalty. Any person or institution who wilfully violates any provision of this part shall be fined not less than $1,000 nor more than $10,000 for each violation plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shal…

§325-104 Responsibility to report. Notwithstanding any other law to the contrary, no provision in this part shall be construed so as to diminish, limit, or eliminate the responsibility of any person to report HIV infection, ARC, or AIDS to the proper authorities pursuant to secti…

§325-11 REPEALED. L 1988, c 140, §1.

[PART VII.] NEEDLE EXCHANGE PROGRAM §325-111 Definitions. As used in this part, unless the context otherwise requires: "Authorized objects" means objects authorized by the department for dissemination to syringe exchange participants for the purpose of reducing infection or injur…

§325-113 Operation of the program. (a) The program shall be operated for the purpose of: (b) The program shall provide for maximum security of exchange sites and equipment, including a full accounting of the number of needles and syringes distributed, the number of needles and sy…

§325-12 Common drinking cup prohibited. The use of a common drinking cup is prohibited in all public places within the State. [L 1911, c 118, §4; RL 1925, §941; RL 1935, §1101; RL 1945, §2319; RL 1955, §49-12; HRS §325-12]

[PART VIII. IMMUNIZATION REGISTRY] §325-121 Definitions. As used in this part: "Health care provider" means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced practice registered nurse licensed under the provisions of c…

§325-123 Confidentiality and content of registry records. (a) All immunization records and reports made for the purposes of this part that directly or indirectly identify a person shall be kept confidential and shall not be disclosed by any person unless: (b) Registry information…

§325-124 Purposes for access to registry information; access not a disclosure. (a) Notwithstanding section 325-123, it shall not be a disclosure for the persons listed in subsections (b), (c), (d), and (e) to have limited access to registry information for the purposes specified …

§325-125 Registry record requirements; duration of retention. (a) The establishment of an individual's record in the registry shall not require the prior consent of a patient or the consent of a patient's parent or legal guardian in the case of a minor or dependent. (b) The depar…

§325-13 Rules. (a) For the purpose of carrying out this chapter, the director of health, with the approval of the governor, may adopt, amend, or repeal such rules as the director deems necessary which, when adopted in accordance with chapter 91, shall have the force and effect of…

§325-14 Penalty. Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor. Except as herein otherwise provided the punishment therefor shall be the same as provided by section 321-18. [L 191…

§325-15 REPEALED. L 2017, c 79, §2.

§325-16 Informed consent for testing or disclosure. (a) A health care provider may subject a person's body fluids or tissue to a test for the presence of human immunodeficiency virus infection after: A health care provider may, for the purpose of obtaining consent to the test and…

§325-17 Quality assurance standards for HIV antibody testing. (a) All laboratories performing screening and diagnostic tests for the presence of the antibody to HIV (human immunodeficiency virus) shall follow the recommended protocols as set forth below. Any test used for other t…

§325-2 Physicians, laboratory directors, and health care professionals to report. Every physician or health care professional having a client affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health by the …

§325-3 Others to report. The director of health shall have the authority to determine which other persons shall report to the department of health communicable diseases or conditions dangerous to the public health. The director of health may assess an administrative fine not to e…

PART II. VACCINATION AND IMMUNIZATION §325-31 REPEALED. L 1974, c 6, §1.

§325-32 Immunization against infectious diseases. (a) The department of health may adopt rules requiring and governing immunization against typhoid fever, pertussis (whooping cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis B, rubella, haemophilus influenzae …

§325-33 Performance of vaccination and immunization. Vaccinations or immunizations required of any person under this chapter shall be performed by duly licensed physicians or paramedical personnel under their direction, advanced practice registered nurses, physician assistants, p…

§325-34 Exemptions. Section 325-32 shall be construed not to require the vaccination or immunization of any person for three months after a duly licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of healt…

§325-35 Forms and procedures. The department of health may prescribe forms and procedures to achieve the purposes of sections 325-32 to 325-34 and shall maintain a complete roster of all exemptions from vaccination or immunization. [L 1945, c 171, pt of §1; am L 1947, c 165, §1(c…

§325-36 Duty of adult, or of parent, guardian, or caregiver. (a) Every adult person required to be immunized, or to do any other act, unless the person is a minor or incompetent, shall cause the immunization or other act to be performed. (b) If the person is a minor or incompeten…

§325-37 Fraud; wilful misrepresentation; failure to comply; penalties. Any person who by fraud or wilful misrepresentation circumvents or defeats or attempts to circumvent or defeat any purpose or provision of any of sections 325-32 to 325-34 or who, required by any provision of …

§325-38 Immunization of indigent, medically indigent, and other persons. (a) The department of health shall provide for the free immunization and vaccination of indigent and medically indigent persons and may provide such immunizations for others, especially children, of high ris…

§325-4 Identity of patients safeguarded. Reports to the department of health provided for by this chapter shall not be made public so as to disclose the identity of the persons to whom they relate except as necessary to safeguard the public health against those who disobey the ru…

§325-5 Antitoxins, antiserums, vaccines, biologics, and drugs. The department of health shall purchase from time to time out of moneys which may be available to it therefor, and keep on hand and available for administration under this section in the several counties to persons un…

PART III. CONGENITAL SYPHILIS §325-51 Blood samples of pregnant women required. Every physician attending a pregnant woman in the State for conditions relating to the woman's pregnancy during the period of gestation or at delivery, shall, in the case of every woman so attended, t…

§325-52 Serologic tests; reports. For the purposes of this part a standard serologic test shall be a test for syphilis approved by the department of health and shall be made at a laboratory approved to make such tests by the department. Such laboratory tests as are required by th…

§325-53 Reports of blood tests. In reporting a birth or fetal death, every physician or other person required to make such reports shall state, in a report accompanying the certificate, whether, according to the physician's or other person's knowledge or information, a blood test…

§325-54 Reports confidential; penalty. Any information secured from the tests or the reports in this part required to be made by persons having access to such tests or reports shall be used only in connection with their professional duties or within the scope and course of their …

§325-55 Rules and regulations. The department of health may, subject to the approval of the governor, adopt, promulgate, and enforce rules and regulations for the more effective enforcement of this part. [L 1943, c 219, §5; RL 1945, §2314; RL 1955, §49-54; am L Sp 1959 2d, c 1, §…

§325-56 Penalty. Any physician or other person permitted by law to attend pregnant women, and any other person, who violates this part or any rule of the department of health adopted pursuant to this part, may be fined in an amount not to exceed $1,000 per violation, to be assess…

§325-6 Epidemic control. Such appropriations as may be necessary for the purpose of controlling, suppressing, or preventing the spread of any communicable or preventable disease in the State or in any county thereof shall be allocated by the legislature out of the proceeds of the…

§325-7 REPEALED. L 1996, c 211, §7.

PART IV. TUBERCULOSIS §325-71 Reports by physicians and others. (a) Every physician, and every individual in charge of an inpatient or outpatient health care facility, shall report in writing to the department of health the identity of and epidemiologic information concerning eve…

§325-72 Examination of sputum. The bacteriologist of the department of health, when so requested by any physician, or by the authorities of any hospital or dispensary, shall make, or cause to be made, a microscopical examination of the sputum forwarded to the bacteriologist as th…

§325-73 Protection of record; penalty. The department of health shall cause all reports made in accordance with the provisions of section 325-71, and also all results of examinations showing the presence of the bacilli of tuberculosis, made in accordance with section 325-72, to b…

§325-74 Physicians; precautions; instructions. A physician attending a patient having tuberculosis shall take all proper precautions and give proper instructions to provide for the safety of all individuals occupying the same house or apartment. [L 1911, c 118, §13; RL 1925, §950…

§325-75 Reporting recovery of patient. Upon the recovery of any person having tuberculosis, the attending physician shall make a report of this fact to the department of health or its agent, who shall record the same, and shall relieve the person from further liability to any req…

§325-76 Examinations for tuberculosis. (a) Examinations for tuberculosis required or recommended by the department of health, including skin tests, x-rays, and other tests as may be appropriate for tuberculosis control purposes, shall be provided by the department at no charge. (…

§325-77 Notice. The department of health shall conduct such examinations at such places throughout the State as it deems advisable after the giving of a public notice of the time and place the examinations are to be held. [L 1947, c 79, §2; am L 1949, c 60, §1; RL 1955, §49-70; a…

§325-78 Test and treatment for tuberculosis. (a) The department of health may establish charges and collect fees for any diagnostic, medical, or treatment services relating to tuberculosis treatment or control; provided that the department shall not refuse to provide diagnostic, …

§§325-79 to 325-84 REPEALED. L 2002, c 169, §§6 to 11.

§325-8 Infected persons and quarantine. (a) As used in this section: "Communicable disease" means any disease declared to be "communicable" by the director of health. "Dangerous disease" means a disease as defined in section 325-20. "Quarantine" means the compulsory physical sepa…

§325-9 Quarantine without removal; duty of police officers to assist in removals and enforcement of quarantine. If the department of health or its agent determines that the removal of the person infected or suspected of being infected would directly and seriously aggravate the di…

[PART V. HEPATITIS] §325-91 REPEALED L 2025, c 114, §4.