Title 19, Health

§321-355 Early intervention special fund. (a) There is established in the state treasury a special fund to be known as the early intervention special fund to be administered by the department in accordance with this section. (b) The fund shall consist of grants and income earned …

§321-357 Early intervention special fund; purpose and use. (a) The purpose of the early intervention special fund is to expand and enhance early intervention services for infants and toddlers with special needs by providing a cooperative funding mechanism between the public and p…

[PART IIA.] CHILD ABUSE AND NEGLECT PREVENTION [§321-36] Definitions. For the purposes of this part: "Child screening for early identification and remediation of social and health problems" means routine follow up and progress checks for toddlers and preschoolers which include th…

PART XXIX. STATEWIDE NEWBORN HEARING SCREENING PROGRAM §321-361 Definitions. As used in this part, unless the context clearly indicates otherwise: "Audiologist" means an individual professional licensed as an audiologist pursuant to chapter 468E. "Deaf or hard of hearing" means a…

§321-362 Duties. It shall be the duty and responsibility of the department to:

§321-362.5 Hearing screening, diagnostic audiologic evaluation, and intervention. (a) All newborn infants shall receive a hearing screening to allow early identification and intervention to maximize social, emotional, and language outcomes for children who are deaf or hard of hea…

§321-363 Rules. The department shall adopt rules, pursuant to chapter 91, necessary for the purposes of this part, including but not limited to administration and quality of newborn hearing screening; retention of records and related data; reporting of hearing screening results; …

[§321-37] Child abuse and neglect secondary prevention programs. The department may provide secondary prevention programs which contain a continuum of services starting from before birth and ending in education for the adult parenting responsibility. The types of programs to be p…

[PART XXX.] TATTOO ARTISTS [§321-371] Purpose. The purpose of this part is the protection of public health and safety through the licensing and regulation of tattoo artists. [L 1990, c 285, pt of §2]

§321-372 Definitions. As used in this part: "Department" means the department of health. "Director" means the director of health. "Tattoo artist" means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting …

§321-373 Regulation of tattoo artists. The department shall adopt rules under chapter 91 to implement this part. The rules shall include but not be limited to:

[§321-373.5] Permit; required for tattoo shop and temporary locations. (a) No person, partnership, firm, corporation, or other legal entity shall operate a tattoo shop or temporary location without a permit pursuant to department rules. (b) Each initial permit application under t…

§321-374 License required; exemptions. (a) Except as otherwise provided by law, no person shall practice the occupation of tattoo artist in this State, with or without compensation, consideration, or donation, or shall announce oneself either publicly or privately as prepared or …

§321-375 Examination, fees required. (a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score or meets the criteria specified in section 321-374(e). No license shall be issued unless all fees required by t…

§321-377 Suspension or revocation of permit or license. (a) The director may revoke or suspend the permit or license of any person permitted or licensed under this part who: (b) In every case where it is proposed to revoke or suspend a permit or license, the director shall give t…

§321-379 Enforcement; penalties. (a) If the department determines that any person has violated or is violating any provision of this part, any rule adopted pursuant to this part, or any term or condition of a permit or license issued pursuant to this part, the department may take…

§321-38 Hawaii children's trust fund advisory committee. There is established the Hawaii children's trust fund advisory committee as provided in section 350B-6. The advisory committee shall have the functions as provided in section 350B-6(b). [L 1984, c 212, pt of §2; am L 1993, …

[§321-381] Biennial renewal; failure to renew. The biennial renewal fee shall be paid to the department of health on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before such date shall constit…

[§321-382] Fees. The director may establish fees by rules pursuant to chapter 91. [L 1990, c 285, pt of §2]

§321-4 Agents and inspectors. There shall be appointed by the director of health a suitable number of agents and inspectors in such localities as may be necessary, who shall carry into effect all laws and regulations for the public health, and such ordinances relating to public h…

§321-4.3 Epidemiologists. The department of health may establish permanent or temporary exempt positions known as epidemiologists for the purpose of investigating diseases and injuries which threaten the public health and safety. The positions shall be appointed by the director w…

[§321-4.5] Inspection of food establishments. Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector. [L 1997, c 334, pt of §1]

[§321-4.6] Advisory council on food protection practices; created. (a) There is created within the department for administrative purposes only, an advisory council on food protection practices, whose members shall be appointed by the director of health, consisting of one represen…

[§321-4.7] Producers of hand-pounded poi; exemption. A producer of hand-pounded poi shall not be required to process poi in a certified food-processing establishment or be required to obtain a permit from the department of health, if the producer: The department shall adopt rules…

[PART XXXII.] FOOD SAFETY CONSULTATIVE AND EDUCATION PROGRAM [§321-401] Findings and purpose. The purpose of this part is to establish a non-enforcement program within the department of health to provide voluntary food safety surveillance and control, and educational activities t…

[§321-402] Food safety consultative and education program. (a) There is established the food safety consultative and education program within the department of health. The department may place this program within any appropriate division. (b) The program shall be managed and staf…

[§321-403] Food safety control system. The department may conduct studies using the hazard analysis critical control points system after foodborne disease outbreak investigations are completed by the department or when requested by food service operators. [L 1992, c 219, pt of §1…

[§321-404] Public information monitoring system. Within the program, the department of health shall investigate foodhandling practices which appear to represent poor food safety techniques, and shall develop ways in which the public can gain information on food safety and can rep…

[§321-405] Confidentiality of information. For purposes of this part, the program shall maintain confidentiality of critical information received from food purveyors and foodhandlers or other persons in the food service industry. Critical information is information, including tra…

PART III. CANCER CONTROL §321-41 Educational program. The department of health may formulate and put into effect throughout the State an educational program for the purpose of preventing cancer and of aiding in its early diagnosis. In the furtherance of this program, the departme…

[PART XXXIII.] INDOOR AIR QUALITY [§321-411] Definitions. As used in this part: "Department" means the department of health. "Director" means the director of health. "Publicly owned building" means any building or structure, including a hospital or a school, that is owned, leased…

[§321-412] Indoor air quality program. There is established an indoor air quality program within the department. The department may place this program within any appropriate division. [L 1994, c 234, pt of §2]

[§321-413] General functions, powers, and duties of the department. (a) The director shall provide information and educational material regarding indoor air pollution to the managers, owners, and occupants of publicly owned buildings, and may assist any manager, owner, or occupan…

§321-42 Tumor clinics. The department of health may assist in the operation of tumor clinics which are now established or may be established in the State. This assistance may consist of furnishing statistical information on the incidence or prevalence of tumors of various kinds i…

[PART XXXIV.] BIRTH DEFECTS PROGRAM [§321-421] Definitions. As used in this part, unless the context requires otherwise: "Adverse reproductive outcome" means a birth defect, stillbirth, infant death up to one year of age, or spontaneous or medical termination of pregnancy for a b…

[§321-422] Birth defects program. The department of health shall establish the statewide birth defects program to:

[§321-423] Confidentiality of data. (a) The identity of, or any information which alone or in combination with other reasonably available information that may be used to identify, any person whose information is collected under this part shall be confidential. (b) Statistical dat…

[§321-424] Rules. The department may adopt rules pursuant to chapter 91 as necessary for the birth defects program. [L 2002, c 252, pt of §1]

[§321-425] Requests for information. The department shall provide information about appropriate health and early intervention services to persons who request the information. [L 2002, c 252, pt of §1]

§321-43 Statistical activities. The department of health shall engage in the collection and analysis of statistical information on the morbidity and mortality of cancer in the State. The morbidity data may be collected in cooperation with the University of Hawaii, Hawaii Medical …

PART XXXV. CASE MANAGEMENT SERVICES FOR MEDICALLY FRAGILE CHILDREN [§321-431] Definitions. As used in this part, unless the context clearly requires otherwise: "Case management services" means services that assist medically fragile children under the medicaid state plan in gainin…

§321-432 Case management services for medically fragile children. The department of health shall provide ongoing case management services and staff training in case management services in collaboration with the department of human services' medicaid early and periodic screening, …

[PART XXXVI. EMERGENCY RESPONSE STOCKPILE] [§321-441] Definitions. Whenever used in this part, unless a different meaning clearly appears from the context: "CBRNE event" means the use of chemicals, biological agents, radioactive materials, nuclear devices, or explosives to kill o…

§321-442 [Exemption from certain laws and rules.] (a) In addition to any other power or duty prescribed by law or in this part, the director, through the department, may maintain an emergency response stockpile to prepare for or respond to a CBRNE event. The director may undertak…

§321-45 Cancer examination. Cancer examinations shall be part of a statewide comprehensive cancer control plan to be developed by the department. The plan shall include provisions for cancer examination, including cervical cancer screening. The department shall work with other go…

[§321-46] Breast density mammography results; report and notification. (a) Beginning January 1, 2014, every health care facility in which a mammography examination is performed shall provide a mammography report and notification to each patient who is categorized by the facility …