Title 19, Health

§327K-1 Definitions. As used in this chapter, unless the context otherwise requires: "Department" means the department of health. "Form" means a provider orders for life-sustaining treatment form adopted by the department. "Health care provider" means an individual licensed, cert…

§327K-2 [Provider] orders for life-sustaining treatment form; execution; explanation; compliance; revocation. (a) The following may execute a form: (1) The patient; (2) The patient's provider; and (3) The legally authorized representative, but only if the patient: (A) Lacks capac…

§327K-3 Immunity. (a) No physician, physician assistant, advanced practice registered nurse, health care professional, nurse's aide, hospice provider, home care provider, including private duty and medicare home health providers, emergency medical services provider, adult residen…

[§327K-4] Rules. The director of health may adopt rules in accordance with chapter 91 to carry out this chapter. [L 2009, c 186, pt of §1]

§327L-1 Definitions. As used in this chapter: "Adult" means an individual who is eighteen years of age or older. "Advanced practice registered nurse" means a registered nurse licensed to practice in the State who has met the qualifications of chapter 457 and who, because of advan…

[§327L-10] Right to rescind request. A qualified patient may rescind the request at any time and in any manner without regard to the qualified patient's mental state. No prescription under this chapter shall be made available pursuant to section 327L-4(a)(12) if the attending pro…

§327L-11 Waiting periods. (a) Except as otherwise provided in subsection (c), no less than five days shall elapse between the qualified patient's initial oral request for a prescription for medication pursuant to sections 327L-2 and 327L-9, and the taking of steps to make availab…

[§327L-12] Medical record; documentation requirements. The following shall be documented or filed in a qualified patient's medical record: (1) All oral requests by the qualified patient for a prescription to end the qualified patient's life pursuant to this chapter; (2) All writt…

[§327L-13] Residency requirement. Only requests made by residents of this State shall be granted under this chapter. Factors demonstrating state residency include but are not limited to: (1) Possession of a Hawaii driver's license or civil identification card; (2) Registration to…

[§327L-14] Reporting requirements. (a) Within thirty calendar days of writing a prescription, the attending provider shall submit a copy of the qualified patient's written request, as well as [a] copy of all the documentation required pursuant to section 327L-12 to the department…

[§327L-15] Disposal of unused medication. A person who has custody or control of any unused medication dispensed under this chapter after the death of a qualified patient shall personally deliver the unused medication for disposal to the nearest qualified facility that properly d…

[§327L-16] Effect on construction of wills or contracts. (a) No provision in any will or contract, or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for a prescription to end the person's life purs…

[§327L-17] Insurance or annuity policies. The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any such policy shall not be conditioned upon or affected by the making or rescinding of a request, by a person, for a…

[§327L-18] Construction of chapter. (a) Nothing in this chapter shall be construed to authorize a health care provider, health care facility, or any other person to end a patient's life by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with thi…

§327L-19 Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions. (a) Except as provided in section 327L-20 and subsection (c): (1) No person shall be subject to civil or criminal liability or professional disciplinary action…

§327L-2 Oral and written requests for medication; initiated. Except as otherwise provided in section 327L-11(c), an adult who is capable, is a resident of the State, and has been determined by an attending provider and a consulting provider to be suffering from a terminal disease…

[§327L-20] Prohibited acts; penalties. (a) Any person who intentionally makes, completes, alters, or endorses a request for a prescription made pursuant to section 327L-2, for another person, or conceals or destroys any documentation of a rescission of a request for a prescriptio…

[§327L-21] Claims by governmental entity for costs incurred. Any governmental entity that incurs costs resulting from a person terminating the person's life pursuant to this chapter in a public place shall have a claim against the estate of the person to recover costs and reasona…

[§327L-22] Severability. Any provision of this chapter that is held invalid as to any person or circumstance shall not affect the application of any other provision of this chapter that can be given full effect without the invalid provision or application. [L 2018, c 2, pt of §3]

[§327L-23] Form of the request. A request for a prescription as authorized by this chapter shall be in substantially the following form: "REQUEST FOR MEDICATION TO END MY LIFE I, ______________________, am an adult of sound mind. I am suffering from ___________, which my attendin…

[§327L-24] Form of final attestation. (a) A final attestation form shall be given to a qualified patient at the time an attending provider writes or dispenses the prescription authorized by this chapter and shall be in substantially the following form: "FINAL ATTESTATION FOR A RE…

[§327L-25] Annual report. The department shall submit to the legislature an annual report no later than twenty days prior to the convening of each regular session. The report shall include but not be limited to: (1) An annual analysis of the implementation of this chapter, includ…

[§327L-3] Form of the written request. (a) A valid written request for a prescription under this chapter shall be substantially in the form described in section 327L-23, and shall be signed and dated by the qualified patient and witnessed by at least two individuals who, in the p…

[§327L-4] Attending provider; duties. (a) The attending provider shall: (1) Make the initial determination of whether a patient has a terminal disease, is capable of medical decision-making, and has made the request for the prescription voluntarily; (2) Require that the patient d…

[§327L-5] Consulting provider; confirmation. Before a patient is qualified under this chapter, a consulting provider shall examine the patient and the patient's relevant medical records and confirm, in writing, the attending provider's diagnosis that the patient is suffering from…

[§327L-6] Counseling referral. The attending provider shall refer the patient for counseling. No medication to end a patient's life pursuant to this chapter shall be prescribed until the person performing the counseling determines that the patient is capable, and does not appear …

[§327L-7] Informed decision. No qualified patient shall receive a prescription for medication to end the qualified patient's life pursuant to this chapter unless the qualified patient has made an informed decision. Immediately prior to writing a prescription under this chapter, t…

[§327L-8] Family notification. The attending provider shall recommend that the qualified patient notify the qualified patient's next of kin of the request for a prescription pursuant to this chapter. A qualified patient who declines or is unable to notify next of kin shall not ha…

§327L-9 Written and oral requests. Except as otherwise provided in section 327L-11(c), to receive a prescription for medication that a qualified patient may self-administer to end the qualified patient's life pursuant to this chapter, a qualified patient shall have made an oral r…

[§327N-1] Definitions. As used in this chapter, unless the context requires otherwise: "Department" means the department of health. "Hydrolysis equipment" has the same meaning as in section 531B-2. "Hydrolysis facility" has the same meaning as in section 531B-2. [L 2022, c 294, p…

[§327N-2] Hydrolysis facilities operating as mortuaries or funeral establishments; human remains. Any commercial hydrolysis facility in the State handling human remains shall be subject to the requirements for funeral establishments and mortuaries. [L 2022, c 294, pt of §2]

[§327N-3] Hydrolysis equipment. Hydrolysis equipment used at any hydrolysis facility in the State shall: (1) Reach a temperature of at least three hundred degrees Fahrenheit or one hundred fifty degrees Celsius to guarantee the complete sterilization of the liquid and bones, as v…

[§327N-4] Wastewater discharge. Hydrolysis facilities shall pretreat the wastewater effluent prior to discharge pursuant to county, state, and federal regulations. The wastewater shall only be discharged into a municipal sewer system as approved by the counties. Discharges into p…

PART I. HAWAII FOOD, DRUG, AND COSMETIC ACT §328-1 Definitions. For the purposes of this chapter: "Agent" means a person who acts on behalf of or under the direction of another person. "Brand" or "brand name" means any registered trade name commonly used to identify a drug. "Cert…

§328-10 Foods deemed misbranded when. A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; or if its labeling or packaging fails to conform with the requirements of sections 328-2 and 328-19.1; (2) If it is offered for sale under …

[§328-10.5] Regulations for exemption from labeling requirements. The director may adopt regulations exempting from any labeling requirement of this part food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at…

[§328-102] Criminal penalty. Any person who wilfully violates this part or rules adopted under this part shall be guilty of a misdemeanor. [L 1996, c 209, pt of §1]

[§328-103] Administrative penalties. (a) Any person who violates this part or any rule adopted by the department of health pursuant to this part shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection…

[§328-104] Injunctive relief. The director of health may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or of any rule adopted under this part. The court shall have the power to grant relief in accordanc…

[§328-105] Powers and duties. The department of health shall enforce this part and shall have, in connection therewith, all the powers and duties conferred and imposed upon it pursuant to part I. [L 1996, c 209, pt of §1]

§328-11 Regulations to prevent contamination; emergency permits to manufacturers, processors and packers. Whenever the department of health finds after investigation that the distribution in the State of any class of food may, by reason of contamination with microorganisms during…

[PART VII.] WHOLESALE PRESCRIPTION DRUGS: STORAGE, HANDLING, AND RECORDKEEPING [§328-111] Objective. The purpose of this part is to establish the minimum requirements for the storage and handling of wholesale prescription drugs and for the establishment and maintenance of prescri…

[§328-112] Definitions. As used in this part: "Blood" means whole blood collected from a single donor and processed either for transfusion or for further manufacturing. "Blood component" means that part of blood separated by physical or mechanical means. "Common control" means th…

[§328-113] Rules. (a) The department may adopt such rules as may be necessary to carry out the purposes and enforce the provisions of this part and to implement the requirements of 21 Code of Federal Regulations Part 205, including minimum requirements for the storage and handlin…

[§328-114] Notice. Before any violation of this part is reported for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the person's views before the department either or…

[§328-115] Inspection. Wholesale distributors shall permit agents of the department, agents of the department of commerce and consumer affairs, and authorized federal, state, or local law enforcement officials to enter and inspect their premises and delivery vehicles, and to audi…