Title 19, Health

[§334B-1] Purpose. The legislature finds and declares that the purposes of this chapter are to: (1) Promote the delivery of quality health care in a cost-effective manner; (2) Foster greater coordination between health care providers, third-party payors, and others who conduct ut…

[§334B-2] Definitions. As used in this chapter: "Director" means the director of health. "Health care provider" means any person, corporation, facility, or institution licensed by this State to provide health care services, including but not limited to a physician, hospital or ot…

[§334B-3] Standards for review agents. (a) A review agent who approves or denies payment, or who recommends approval or denial of payment for mental health, alcohol, or drug abuse treatment services, or whose review results in approval or denial of payment for these services on a…

[§334B-4] Waiver. This chapter shall not apply to a review agent that operates under contract with the federal government for utilization review activities relating to recipients and health care providers under Title XVIII of the Social Security Act, Title XIX of the Social Secur…

[§334B-5] Confidentiality. A review agent may not disclose or publish individual medical or psychological records or any other confidential medical or psychological information obtained in the performance of utilization review or managed care activities. [L 1991, c 95, pt of §1]

[§334B-6] Penalty for violation. Any person or agency who violates any provision of this chapter or any rule adopted pursuant to this chapter or who submits any false information shall be guilty of a misdemeanor and upon conviction shall be subject to a penalty of not more than $…

[§334B-7] Appeal by aggrieved party. Any person aggrieved by a final decision of the complaint resolution panel in a contested case under this chapter may appeal to the director. [L 1991, c 95, pt of §1]

[§334B-8] Annual report. The director shall submit an annual report to the governor and the legislature at least twenty days prior to the convening of each regular session concerning the conduct of review agents that have been reported to the complaint resolution panel. The repor…

§334D-1 Findings and purpose. The purpose of this chapter is to establish a diversion program for nurses with chemical dependency problems and to place the program under the oversight of the board of nursing. The intent of the diversion program established by this chapter is to d…

[§334D-2] Definitions. As used in this chapter, unless the context requires otherwise: "Board" means the board of nursing. "Chemically dependent" means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of…

§334D-3 Diversion program. (a) There is established a diversion program for chemically dependent nurses which shall be administered and monitored by a professional association or other entity approved by the board. The function of the diversion program shall be to assess and, whe…

[§334D-4] Civil immunity of third persons. (a) A person, entity, professional association, peer assistance program, diversion program, or employer who, in good faith, reports information or takes action in connection with a diversion program or peer assistance program, shall be i…

§334D-5 Records. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and d…

[§334E-1] Informed consent. (a) Before any nonemergency treatment for mental illness can commence, informed consent, as required by section 671-3 and as defined by the Hawaii medical board pursuant to the authority vested in it by that section, shall be obtained from the patient,…

§334E-2 Rights of in-patients. (a) Any patient in a psychiatric facility shall be afforded rights, and any psychiatric facility shall provide the rights to all patients; provided that when a patient is not able to exercise the patient's rights, the patient's legal guardian or leg…

[§334E-3] Investigation procedures. (a) In an investigation pursuant to section 334E-2(c), the department of health may: (1) Make inquiries and obtain information as deemed necessary; (2) Enter without notice to inspect the premises of a psychiatric facility; provided that such e…

[§334E-4] Powers. Subject to the privileges which witnesses have in the courts of this State, the department of health in an investigation pursuant to section 334E-2(c) may: (1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person …

[§334E-5] Penalty for obstruction. A person who wilfully hinders the lawful actions of the department of health pursuant to an investigation carried out under section 334E-2(c), or wilfully refuses to comply with its lawful demands, may be fined up to $1,000. [L 1987, c 158, §3]

§335-1 Enactment of compact. The Interstate Compact on Mental Health is hereby enacted into law and entered into by the State of Hawaii with all other states legally joining therein in the form as follows: The contracting states solemnly agree that: Article I The party states fin…

§335-2 Compact administrator. Pursuant to the compact, the director of health shall be the compact administrator and the officer who, acting jointly with like officers of other party states, may promulgate rules and regulations to carry out more effectively the terms of the compa…

§335-3 Supplementary agreements. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to article VII and XI of the compact. If the supplementary agreements require or contemplate the use of any institution or facili…

§335-4 Payment of state obligations. The compact administrator, subject to the approval of the comptroller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into …

§335-5 Consultation with transferee's family. The compact administrator shall consult with the immediate family of any proposed transferee. [L 1967, c 114, §5; HRS §335-5]

PART I. PATIENTS AT STATE HOSPITAL §336-1 Cooperation, U.S. immigration. The director of health shall cooperate with the government of the United States in arranging for the deportation of all alien public charges admitted to or hospitalized at the state hospital. [L 1927, c 235,…

PART II. PATIENTS WITH CERTAIN CHRONIC DISEASES §336-11 Payment of transportation costs; agreements for continued care; funds. The director of health may in the director's discretion authorize the payment of the cost of transportation of aliens and other nonresident persons who h…

§336-12 Alien or nonresident defined. A person shall not be deemed to be an alien or a nonresident of the State within the meaning of this part if the person meets the following requirements: (1) Is a citizen of the United States or is a resident alien as defined by the United St…

§336-13 Expenses to be paid by State. All expenses incurred in returning such aliens or nonresident persons to the place where they have legal residence, shall be paid by the State out of any appropriations made to the hospital in which any such person is a patient, or out of any…

§336-14 When this part not applicable. Where support or bond has already been pledged or is available, this part shall not be applicable. [L 1957, c 90, §4; Supp, §50A-4; HRS §336-14]

§336-15 Rules and regulations. The department of health is authorized to adopt all necessary rules and regulations to carry out the purposes of this part. [L 1957, c 90, §5; am L Sp 1959 2d, c 1, §19; Supp, §50A-5; HRS §336-15]

§336-2 Nonresident public charges. The director of health shall also return all nonresident public charges admitted to or hospitalized at the hospital to the states in which they may have a legal residence. For the purpose of facilitating the return of such persons, the director …

§336-3 Resident defined. A person shall be deemed to be a resident of the State within the meaning of this part who has lived continuously in the State for a period of one year and who has not acquired a residence in another state by living continuously therein for at least one y…

§336-4 Expenses. All expenses incurred in returning such persons to another state shall be paid by the State, but the expense of returning residents of the State shall be borne by the state making the return. The cost and expense incurred in effecting the transportation of such p…

§336-5 Release of aliens for return to native land. The official or board in charge of any institution of the State in which any alien may be maintained or confined, may, notwithstanding any law to the contrary, release any alien from the institution for the purpose of returning …

§337-1 Definitions. Whenever used in this chapter: "Flight" and "fled" mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding,…

§337-2 Persons subject to the chapter. A person alleged to be of unsound mind found in the State, who has fled from another state, in which at the time of the person's flight: (1) The person was under detention by law in a hospital, asylum, or other institution for the insane as …

§337-3 Procedure. Whenever the executive authority of any state demands of the executive authority of the State any fugitive within the purview of section 337-2 and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the…

§337-4 Limitation. Any proceedings under this chapter shall be begun within one year after the flight referred to in this chapter. [L 1927, c 214, §5; RL 1935, §1023; RL 1945, §3834; RL 1955, §85-4; HRS §337-4]

PART I. STATE PUBLIC HEALTH STATISTICS ACT §338-1 Definitions of terms. As used in this part unless the context otherwise indicates: "Dead body" means lifeless human body, or such parts of the human body, or the bones thereof, from the state of which it reasonably may be conclude…

§338-10 Late determination of the cause of death. If the cause of death cannot be determined within three days, the certification of its cause may be filed after the prescribed period, but the attending physician, advanced practice registered nurse, or coroner's physician shall n…

§338-11 Form of certificates. The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the departm…

[§338-11.5] New certificates of marriage; issuance; gender and sex identifiers. (a) The department of health shall allow any person who possesses a valid certificate of marriage that has been filed with the department and that includes gender and sex identifiers for the person th…

§338-12 Evidentiary character of certificates. Certificates filed within thirty days after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data pertaining to a parent of a child is prima facie evidence if: (1) The alleged parent is: (A) The…

§338-13 Certified copies. (a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof. (b) Copies of the…

§338-14 Fees for certified copies and searches; transcripts or other statistical summaries of vital records for National Center for Health Statistics; certified copies for veterans and others; and corrections on vital statistics certificates. (a) The department of health shall es…

§338-14.3 Verification in lieu of a certified copy. (a) Subject to the requirements of section 338-18, the department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any oth…

§338-14.5 Copies of certificate; fees. The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health shall consist of $10 for the first copy issued and $4 for each copy issued thereafter. These fees shall be collected for each…