Title 19, Health

[§326-1.3] Liberty, autonomy, and dignity of patient residents. (a) In recognition of the disruptions and hardships experienced over the course of their lives by former Hansen's disease patients residing at Kalaupapa, the legislature declares its intent to ensure that all residen…

[§326-1.5] Patients living in the community; policy on services. It is the policy of the State that all persons who were institutionalized for segregation by order of the department of health because of Hansen's disease and who live in the community shall be accorded adequate hea…

§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…

§326-13 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…

§326-2 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…

§326-33 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…

[§327-1] Short title. This part may be cited as the "Revised Uniform Anatomical Gift Act". [L 2008, c 122, pt of §1]

§327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part. (a) A person authorized to make an anatomical gift under section 327-9 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral …

§327-11 Persons that may receive anatomical gift; purpose of anatomical gift. (a) An anatomical gift of a body or body part may be made to the following persons: (b) If an anatomical gift of one or more specific body parts or of all body parts is made in a document of gift that d…

[§327-12] Search and notification. (a) The following persons shall make a reasonable search of an individual who the searcher reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a…

[§327-13] Delivery of document of gift not required; right to examine. (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomica…

§327-14 Rights and duties of procurement organization and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the state or county department of motor …

[§327-15] Coordination of procurement and use. Each hospital in this State, after consultation with procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and body parts. [L 2008, c 122, pt of §1]

[§327-16] Sale or purchase of body parts prohibited. (a) Except as otherwise provided in subsection (b), a person that knowingly, for valuable consideration, purchases or sells a body part for transplantation or therapy if removal of a body part from an individual is intended to …

[§327-17] Penalty. Any person that, to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal to make an anatomical gift commits a class C felony and upon convi…

[§327-18] Immunity. (a) A person that acts in accordance with this part or with the applicable anatomical gift law of another state or attempts in good faith to do so is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the …

[§327-19] Law governing validity; choice of law as to execution of document of gift; presumption of validity. (a) A document of gift shall be valid if executed in accordance with: (b) If a document of gift is valid under this section, the laws of this State govern the interpretat…

[§327-2] Definitions. As used in this part, unless the context otherwise requires: "Agent" means an individual: "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research, or educ…

[§327-20] Donor registry. (a) The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's license database information, solely for determining whether a driver has indicated a willin…

[§327-21] Effect of anatomical gift on advance health-care directive. (a) If a prospective donor has a declaration or advance health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with …

[§327-22] Cooperation between medical examiner or coroner and procurement organization. (a) A medical examiner or coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for transplantation, therapy, research, or education. (…

[§327-23] Facilitation of an anatomical gift from a decedent whose body is under the jurisdiction of the medical examiner or coroner. (a) Upon request of a procurement organization, a medical examiner or coroner shall release to the procurement organization the name, contact info…

[§327-24] Hawaii organ and tissue education special fund. There is established in the state treasury the Hawaii organ and tissue education special fund. Moneys collected under section 286-109.7 shall be deposited into the fund. The fund shall be administered and distributed by th…

[§327-25] Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2008, c 122, pt of §1]

[§327-26] Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et. seq., but shall not modify, limit, or supersede sectio…