Chapter 326 — Chapter 326

§326-1 Establishment of facilities for the treatment and care of persons with Hansen's disease. The department of health, subject to the approval of the governor, shall establish and maintain facilities and services as are necessary for the care and treatment of persons with Hans…

§326-11 Voluntary transfer to and from Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Hale Mohalu on June 30, 1969, may be transferred to Kalaupapa for care and treatment if the person desires. Any person who may undergo treatment and receiv…

§326-12 REPEALED. L 1969, c 152, §11.

§326-13 Expenses; rules. (a) The department of health shall bear all expenses of travel and other necessary expenses incurred under sections 326-1 to 326-14 and may adopt all rules and forms and perform all acts necessary and proper for carrying out their provisions. (b) Expenses…

§326-16 REPEALED. L 1992, c 156, §10.

§326-2 Equal treatment of patients. Every Hansen's disease sufferer at Hale Mohalu and Kalaupapa shall be accorded as nearly equal care and privileges as is practicable under the different operating conditions of the two institutions. [L 1953, JR 41, §7; RL 1955, §50-2; HRS §326-…

§326-21 Employment of patients. At any facility for the care and treatment of persons with Hansen's disease, the department of health, with the consent of a patient, may employ that patient to perform labor or service. When there are vacancies in positions, classified under chapt…

§326-22 Compensation of patient employees. The compensation for patients employed under section 326-21 shall be set by the department of health; provided that in no case shall the compensation be less than the minimum wage as established by section 387-2. Each patient employee of…

§326-23 Pensions for patient employees at facilities. (a) All patient employees or patient laborers at every facility maintained for the treatment and care of persons with Hansen's disease shall be entitled, upon retirement after twenty years or more service with the department o…

§326-24 Rules. The director of health may adopt rules pursuant to chapter 91 necessary for the conduct of all matters pertaining to Hansen's disease, the treatment and care thereof, and other services provided to persons affected with Hansen's disease, and the full and complete g…

§326-25 Accounts, reports. The department of health shall keep an accurate and detailed account of all sums of money expended by it. The department shall report to the legislature at its regular sessions, such expenditures in detail, together with such information regarding Hanse…

§326-25.5 Annual report. [See Note below.] The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that addresses the following with regard to Kalaupapa Settlement:

§326-26 Persons allowed at places for Hansen's disease patients. (a) No person, not having Hansen's disease, shall be allowed to visit or remain upon any land, place, or inclosure set apart by the department of health for the domiciles and community facilities of persons affected…

§326-27 Kalaupapa store; loans for operation and maintenance. (a) All moneys to enable the department of health to operate and maintain the Kalaupapa store, situated in Kalaupapa, Molokai, shall be allocated by the legislature through appropriations out of the state general fund.…

§326-28 Kalaupapa store prices; penalty. It shall be unlawful for the department of health or its agents to sell or offer for sale any merchandise at the Kalaupapa store at prices exceeding the actual cost thereof, free on board steamer or any other means of transportation at Hon…

§326-29 Fishing laws exemption; Kalaupapa. Notwithstanding any provision of law to the contrary, state laws on fishing shall not be applicable to Hansen's disease patients of Kalaupapa, provided the patients engage in fishing along the shorelines and in waters immediately adjacen…

§326-3 Care in other hospitals, homes, etc. Notwithstanding any law relating to this subject matter, the department of health may make arrangements for the care and treatment of any person within the State at any hospital, nursing home, or other residential facility in the State,…

§326-30 Making or taking of pictures without permission prohibited. (a) No person shall photograph, film, or videotape any patient at any facility maintained by the department of health for the care and treatment of persons with Hansen's disease, without the written permission of…

§§326-31 and 326-32 REPEALED. L 1969, c 152, §11.

§326-33 Damien Memorial Chapel. The Father Damien Memorial Chapel at Kalawao, Molokai, and the premises and graveyard thereof are hereby declared to be a public memorial to Father Damien. [L 1935, c 38, §1; RL 1945, §2437; RL 1955, §50-34; HRS §326-33]

§326-34 County of Kalawao; governance. (a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui…

§326-35 Sheriff, appointment, removal. There shall be no county officer in the county other than a sheriff, who shall be a patient resident of and be appointed in the county by the department of health and who shall hold office at the pleasure of the department or until a success…

§326-36 Sheriff, salary. The salary of the sheriff shall be fixed and paid by the department of health out of the appropriation allowed by the legislature for the care and treatment of persons affected with Hansen's disease. [L 1905, c 39, §4; RL 1925, §1579; am L 1931, c 138, §1…

§326-37 Sheriff, duties. The sheriff of the county of Kalawao shall preserve the public peace and shall arrest and take before the district judge for examination all persons who attempt to commit or who have committed a public offense and prosecute the same to the best of the she…

§326-38 Sheriff, powers. The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department of health for the county. Patient residents, for the services rendered as police officers, shall receive pay as the department determines and …

§326-39 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 19…

§326-4 Officers and employees; sickness and accident; expense. In case any officer or employee of the department of health becomes ill or is injured at the facility at Kalaupapa and, in the opinion of the physician of the facility, or in the absence of the physician an authorized…

§326-40 Kalaupapa; policy on residency. The legislature finds that Hawaii's Hansen's disease victims have in many ways symbolized the plight of those afflicted with this disease throughout the world. Their sufferings and social deprivations helped eventually to bring the story of…

§326-5 Appropriations, how spent. All moneys at any time appropriated for the upkeep, support, maintenance, and conduct of any hospital, facility, or place for persons affected with Hansen's disease, shall be expended under the supervision and authority and by the order of the de…

§326-6 REPEALED. L 1992, c 156, §9.