Title 19, Health

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, §…

[§325-1.5] Purpose. The purpose of this chapter is to address prevention, control, and treatment of, and advancement of knowledge about, communicable diseases in the State. [L 1989, c 67, §1]

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…

[§325-103] Custodian of records. No officer or employee of the department of health shall be examined in any civil, criminal, special, or other proceeding as to the existence or content of any individual's records retained by the department pursuant to this part, or as to the exi…

§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…

[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…

[§325-112] Sterile needle and syringe exchange program established. The director of health may establish a sterile needle and syringe exchange program. The program shall be administered by the director or the director's designees. The director is authorized to designate private p…

§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…

§325-114 Liability. (a) Possession or delivery of needles or syringes shall not constitute an offense under section 329-43.5 for program staff acting in the course and scope of official duties; provided that delivery is limited to other program staff or to syringe exchange partic…

[§325-115] Program oversight committee. The director shall appoint a sterile needle exchange program oversight committee to provide assistance and advice in the oversight of the program. The committee shall meet periodically with the director to monitor the progress and effective…

§325-116 Reports. The department, on or before January 1 of each year, shall submit a report to the sterile needle exchange program oversight committee. The report shall include: The report shall address the strengths and weaknesses of the program, the advisability of its continu…

[§325-117] Termination of the program. The director may terminate the program at any time if the program does not serve its intended purpose, presents a risk to the public health, safety, or welfare, or is no longer necessary. [L 1992, c 152, pt of §2]

§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…

[§325-122] Hawaii immunization registry; establishment and purposes. The department of health may establish and maintain an immunization information system to be designated as the Hawaii immunization registry. The purposes of the registry shall be to maintain a single statewide r…

§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…

[§325-126] Civil and criminal liability. (a) Authorized users of the registry shall not be subject to civil liability for damages by reason of: (b) Any person who intentionally or knowingly discloses registry information contrary to the confidentiality provisions of this part sha…

§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…

[PART IX.] UNIVERSAL IMMUNIZATION FUNDING PROGRAM [§325-131] Definitions. As used in this part: "Adult covered lives" means all adults under the age of sixty-five who have immunizations covered: "Assessed entity" means an insurer that is not a medicare advantage health plan and i…

[§325-132] Universal immunization funding program; established. (a) There is established within the department the universal immunization funding program for the purpose of providing immunizations to individuals in the State. (b) The department may contract with other entities fo…

[§325-133] Universal immunization purchase special fund; established. (a) There is established in the state treasury the universal immunization purchase special fund into which shall be deposited: (b) The fund shall be administered and expended by the department. (c) Expenditures…

[§325-134] Assessments. (a) The director shall determine immunization assessment rates as follows: (b) No later than forty-five days following the close of each state fiscal year, the department shall provide an accounting of immunization purchase funds not covered by any state o…

[§325-135] Reports and audits. (a) The department shall audit assessed entities and providers in accordance with the reporting and compliance requirements of the program. Each assessed entity shall report its number of child and adult covered lives according to a schedule determi…

[§325-136] Immunity. Apart from liabilities of assessed entities pursuant to this part, there shall be no liability on the part of and no cause of action against the department, its independent contractors, or its employees for any action or omission in the course of operating th…

[§325-137] Rulemaking. The department may adopt rules pursuant to chapter 91 to carry out the purposes of this part. [L 2025, c 175, pt of §2]

[§325-138] Available choices. The department shall purchase immunizations through the federal Centers for Disease Control and Prevention contracted price list, or other group purchasing negotiated discount rate, for which costs are funded pursuant to this part. The department may…

[§325-139] Immunization cost reimbursement to providers; limits. This part shall have no impact on amounts paid to providers to administer immunizations. No provider may bill any assessed entity or any other person for any immunizations supplied at no cost by the State. [L 2025, …

§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…

§325-16 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…

§325-16.5 Counseling and testing of sexual assault victims; testing of sex offenders upon request of victim. (a) Any sexual assault victim, or the parent or guardian of a minor or incapacitated victim, shall be informed as soon as practicable after the assault, of the availabilit…

§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…

[§325-18] Advisory committees for health care workers infected with blood-borne infections. (a) The director of health may appoint ad hoc advisory committees as needed to provide advice and recommendations to health care workers infected with HIV, HBV, or other blood-borne infect…

[§325-19] Rubella testing of pregnant women. Every person permitted by law to attend a pregnant woman in the State, during the period of gestation or at delivery, shall cause a blood specimen from that woman to be tested for immunity to rubella, except when the woman does not con…

§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 …

[§325-2.5] Health care-associated infection reporting. (a) Each health care facility in the State that is certified by the Centers for Medicare and Medicaid Services shall report information about health care-associated infections to the Centers for Disease Control and Prevention…

[§325-20] Agreements; collaborative assistance in control of disease outbreaks. (a) The director may enter into agreements for collaborative assistance with licensed health care facilities and health care providers in the State to control an epidemic of a dangerous disease, which…

[§325-21] Sale of sterile syringes for the prevention of disease. (a) The sale of sterile hypodermic syringes in a pharmacy, physician's office, or health care institution for the purpose of preventing the transmission of dangerous blood-borne diseases, may be made solely by: (b)…

§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…

§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…