Title 19, Health

§323F-9 Hiring of attorneys. The corporation and regional system boards may employ or retain any attorney, by contract or otherwise, for the purpose of representing the corporation or regional system boards in any litigation, rendering legal counsel, or drafting legal documents f…

[§323G-1] Definitions. As used in this chapter: "After-care" means any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge, including but not limited to assisting wit…

[§323G-2] Designation of a caregiver. (a) Each hospital shall adopt and maintain a written discharge policy or policies that include the following components: (1) Each patient is provided an opportunity to designate a caregiver, to be included in the patient's electronic health r…

[§323G-3] Noninterference with existing health care directives. Nothing in this chapter shall be construed to interfere with the rights of an agent operating under a valid health care directive under section 327E-3 or confer upon the caregiver any authority to make health care de…

[§323G-4] Limitation of liability. (a) Nothing in this chapter shall be construed to give rise to a private cause of action against a hospital, hospital employee, or a consultant or contractor that has a contractual relationship with a hospital. (b) A hospital, hospital employee,…

[§323G-5] Preservation of coverage. Nothing in this chapter shall be construed to remove the obligation of a third-party payer to cover a health care item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance po…

[§323J-1] Definitions. As used in this chapter, unless the context otherwise requires: "Person" includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entity, or any combination thereof. "Reproduct…

[§323J-2] Disclosures prohibited. (a) Except as provided in rules 504, 504.1, and 505.5 of the Hawaii rules of evidence and subsection (b) or as authorized under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and federal regulations promulgated the…

[§323J-3] Subpoenas; when allowed. Notwithstanding sections 624-27 and 624D-3 or any other law to the contrary, no court or clerk of a court shall order the issuance of a subpoena requested by an officer, appointed according to the laws or usages of another state or government, o…

[§323J-4] Agencies prohibited from providing information or expending resources. (a) No agency, as defined in section 92F-3, or employee, appointee, officer, official, or any other person acting on behalf of an agency shall provide any information or expend or use time, money, fa…

[§323J-5] Prohibition on state action. The State shall not penalize, prosecute, or otherwise take adverse action against an individual based on the individual's actual, potential, perceived, or alleged pregnancy outcomes. The State shall not penalize, prosecute, or otherwise take…

[§323J-6] Denial of demands for surrender. Notwithstanding any provision of chapter 832 to the contrary, the governor shall deny any demand made by the executive authority of any state for the surrender of any person charged with a crime under the laws of that state when the alle…

[§323J-7] Laws contrary to the public policy of this State. (a) A law of another state authorizing a civil action or criminal prosecution based on any of the following is declared to be contrary to the public policy of this State: (1) Receiving, seeking, or paying for reproductiv…

PART I. MATERNAL AND PERINATAL STUDIES §324-1 Requests for information; sources of information protected. (a) Upon written request from the director of health, all providers of health care, social services, and county and state agencies shall provide information, reports, stateme…

PART II. MENTAL HEALTH AND INTELLECTUAL DISABILITY STUDIES §324-11 Sources of information protected. Any person, public or private medical facility, or social or educational agency, may provide information, interviews, reports, statements, memoranda, or other data or relevant mat…

§324-12 Identification of persons studied; restriction. The material shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality. The identity, or any group of fact…

§324-13 Legal proceedings; information excluded from. Any findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information provided to any research or study committee shal…

§324-14 Penalty. Any person violating this part shall be guilty of a misdemeanor and fined not more than $500. [L 1964, c 13, §5; Supp, §48B-14; HRS §324-14]

§324-2 Identification of persons studied; restriction. The department of health, or its designee, or any in-hospital staff committee shall use or publish this material only for the purpose of advancing medical research, medical education, or education of the public in the interes…

PART III. CANCER STUDIES §324-21 Sources of information protected. (a) Any person, public or private medical facility, or social or educational agency, may provide information, interviews, reports, statements, memoranda, biological specimens, or other data or relevant material re…

§324-22 Identity of persons studied and material, restrictions. (a) The material collected under this part shall be used or published only for the purpose of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortali…

§324-23 Legal proceedings; information excluded from. Except as otherwise provided, findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information provided to any resear…

§324-24 Penalty. Any person violating this part shall be guilty of a violation. [L 1973, c 25, pt of §1; am L 1975, c 24, §9]

§324-3 Legal proceedings; information excluded from. Any findings, conclusions, or summaries resulting from medical studies within the scope of this part shall not be used or made available in any legal proceeding. Any information set forth in section 324-1 provided to any resear…

PART IV. HEALTH SURVEILLANCE §324-31 Identity of persons studied and material, restrictions. The identity, or any group of facts or any system of records which may lead to the identity, of any person whose condition or treatment has been studied shall be confidential and shall no…

§324-32 Release of information. (a) Consistent with section 324-31 and Public Law 93-380, the department of health may, if not otherwise prohibited by law release statistical records or information relating to the health surveillance program. The materials collected under this pa…

§324-33 Legal proceedings; information excluded from. Findings, conclusions, or summaries pertaining to any individual resulting from studies within the scope of this part shall not be used against the individual or made available in any legal proceeding without the individual's …

§324-34 Penalty. Any person violating this part shall be guilty of a misdemeanor. [L 1977, c 117, pt of §1]

§324-4 Penalty. Any person violating this part shall be guilty of a misdemeanor and fined not more than $500. [L 1963, c 109, §4; Supp, §48B-4; HRS §324-4]

[PART V.] BIRTH DEFECTS STUDIES [§324-41] 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 birth …

[§324-42] Information collection. (a) Health care facilities and health care providers shall make available to the [birth defects program] information contained in health care records that pertain to birth defects or other adverse reproductive outcomes. (b) Any person or public o…

§324-43 Use of collected information. (a) The information collected under this part shall be used by the department of health or researchers only for the purpose of advancing medical and public health research, medical education, or education of the public and health care provide…

[§324-44] Penalty. Any person violating this part shall be guilty of a misdemeanor and fined not more than $500. [L 2002, c 252, pt of §2]

[§324-5] Multidisciplinary and multiagency reviews. The department of health may conduct multidisciplinary and multiagency reviews of maternal deaths to reduce the incidence of preventable maternal deaths. [L 2016, c 203, pt of §5]

[§324-6] Maternal death review reports. (a) The director of health shall submit an annual written report to the legislature no later than twenty days prior to the convening of each regular session on the status of reviews of maternal deaths conducted by the department. The annual…

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: (1) Preventing the transmission of the human immunodeficiency virus, hepatitis B virus, hepatitis C virus, and other bloodborne infections; and (2) Providing drug users with referrals to appr…

§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…