Title 19, Health

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS §321-1 General powers and duties of the department. (a) The department of health shall have general charge, oversight, and care of the health and lives of the people of the State, and shall pursue as a goal, the achievement of health …

[§321-1.1 Development of environmental goals and objectives.] The department of health, with input from the regulated community and general public, shall develop environmental goals and objectives, to be used in the implementation of its programs which shall ensure that the follo…

§321-1.3 Domestic violence and sexual assault special fund. (a) There is established within the state treasury a special fund to be known as the domestic violence and sexual assault special fund to be administered and expended by the department of health. (c) Fees remitted pursua…

§321-1.4 Office of health care assurance special fund; deposits; expenditures. (a) There is established within the department of health, to be administered by the department of health, the office of health care assurance special fund into which shall be deposited moneys collected…

[§321-1.5] Primary health care incentive program; establishment. There is established within the department of health a primary health care incentive program. The program shall:

[§321-1.6] Additional duties of the director. Any health center previously designated as a Federally Qualified Health Center (FQHC), FQHC look alike, or Rural Health Clinic (RHC) shall have comparable designation as a Hawaii Qualified Health Center and shall also be known as Esse…

[§321-1.65] Community health centers special fund. (a) There is established within the state treasury a special fund to be known as the community health centers special fund to be administered and expended by the department of health. (b) The moneys in the special fund shall be u…

[§321-1.7] Public health nursing services program. (a) There is established within the department of health a public health nursing services program. At the discretion of the director of health, the program may provide services, including but not limited to the following: (b) Pro…

[§321-1.8] Inspections; public notice. (a) Beginning with inspections occurring on January 1, 2015, the department of health shall post on its website electronic copies of reports for all inspections it performs of the following state-licensed care facilities: (b) Each report sha…

[§321-1.9] Inspections; visits; state-licensed or state-certified care facilities. (a) The department of health shall conduct unannounced visits and inspections, including inspections for relicensing or recertification, for the following state-licensed or state-certified care fac…

§321-10 Rules, adoption, effect. All rules and regulations made by the department of health shall be made in conformity with chapter 91. They shall have the force and effect of law. [PC 1869, c 59, §7; RL 1925, §913; RL 1935, §905; am L 1939, c 136, §1; RL 1945, §2012; am L 1945,…

[§321-10.5] Agricultural processing facilities; permits; priority. (a) Any agency subject to this chapter or title 19 that issues permits shall establish and implement a procedure for the priority processing of permit applications and renewals, at no additional cost to the applic…

PART IX. HEARING AND VISION PROGRAM §321-101 Hearing and vision program. (a) There is established a hearing and vision program for children to be conducted by the department of health. The purpose of the program shall be to increase the early identification of hearing or vision l…

[PART IXA. PREVENTION OF BLINDNESS] [§321-106] Prevention of blindness at childbirth. The department of health may require the administration of prophylaxis for the prevention of blindness in the newborn at childbirth. [L 1982, c 17, §1]

§321-11 Subjects of health rules, generally. The department of health pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting: The department of health may require any certificates, permits, or licenses that it may deem necessary…

[§321-11.1] Medically accurate sexuality health education. (a) Sexuality health education programs funded by the State shall provide medically accurate and factual information that is age appropriate and includes education on abstinence, contraception, and methods of disease prev…

§321-11.2 Adult foster homes. (a) The department of health is authorized to certify adult foster homes for individuals with developmental or intellectual disabilities requiring care beyond the individual's eighteenth birthday. "Adult foster home" means a private family home provi…

[§321-11.4] Fees for electronic applications and payments. (a) Any departmental program that collects fees for the issuance of permits, licenses, certificates, or similar approvals, under chapters 340E, 340F, 342D, 342H, 342J, 342L, and that is required to deposit those fees to t…

§321-11.5 Establishment of fees. (a) The department of health, by rules adopted pursuant to chapter 91, may establish reasonable fees for the issuance or renewal of licenses, permits, variances, and various certificates required by law or by the department's rules. The fees may i…

[§321-11.51] Sanitation permits; transfer. Sanitation permits that have not expired as of July 2, 1997, shall be transferable upon the sale of a food establishment; provided that such transfers are subject to the new owner agreeing to abide by the compliance schedule of the depar…

[§321-11.6] Genetically modified organisms. Any applicant to any federal agency for any permit for or approval of any bioproduct, field testing of genetically modified organisms, or environmental impact assessment of genetically modified organisms shall submit one copy of that ap…

[§321-11.8] Care homes; liability insurance; coverage. (a) All operators of adult foster homes under section 321-11.2, adult residential care homes, assisted living facilities, community care foster family homes as defined in section 321-481, developmental disabilities domiciliar…

[§321-11.9] Dental health facilities; health care facilities; use of latex gloves. All personnel working in dental health facilities or health care facilities, including all facilities listed in section 321-11(10), shall be prohibited from using latex gloves for patient care wher…

PART X. SEXUALLY TRANSMITTED DISEASES §321-111 Sexually transmitted disease prevention program. (a) The departments of health and education shall cooperate with each other and other public and private authorities as they may deem advisable for the education of minors and members …

§321-115 Prophylactics. (a) As used in this section "prophylactic" means any device or appliance used or to be used for the prevention of sexually transmitted diseases. (b) The department of health may adopt rules and charge fees to regulate the sale of prophylactics through vend…

§321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians. The department of health may prescribe rules and regulations which it deems necessary for the public health and safety relative to barbers, hairdressers, cosmeticians, cosmetologists, and beauticians, a…

[§321-12.2] Tanning facilities; minors; penalties. (a) It shall be unlawful for any tanning facility owner, lessee, or operator to allow any person under the age of eighteen to use any tanning equipment. (b) A tanning facility owner, lessee, or operator shall post in a conspicuou…

[§321-12.5] Certified forensic examination fees. (a) The department of health, by rules adopted pursuant to chapter 91, shall establish fees for application and certification as certified forensic examiners, to be paid by the applicant at the onset of the application process. The…

§321-13 Regulation of certain other occupations. (a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety respecting: The rules shall have the force and effect of law. (b) It shall be unlawful for any p…

[§321-13.5 Certified nurse aides; investigations of abuse and neglect.] The department shall adopt rules pursuant to chapter 91 relating to:

§321-14 License to practice certain occupations. It shall be unlawful for any person to practice any of the occupations specified in section 321-13(a)(1) without a license so to do; any person wishing to obtain a license to engage in any of the specified occupations shall make ap…

§321-14.5 Hospitals; licensing. (a) All hospitals shall be licensed by the department to ensure the health, safety, and welfare of the individuals placed therein. (b) The director shall adopt rules in accordance with chapter 91 that shall provide for the licensing of hospitals. (…

[§321-14.6] Rural emergency hospitals; licensing. (a) The department of health may license a hospital as a rural emergency hospital if the hospital: (b) For the purposes of this section, "rural emergency hospital" means a hospital licensed under this section that was previously d…

§321-14.8 Home care agencies; licensing. (a) Beginning July 1, 2010, each home care agency shall be licensed by the department of health to ensure the health, safety, and welfare of clients. (b) The department of health shall adopt rules pursuant to chapters 91 and 201M to: (c) A…

§321-15 Biennial registration; fees, failure to register; denial, suspension, or revocation of a license. (a) Every person holding a license to practice any occupation specified in section 321-13(a)(1) shall reregister with the department of health every other year in accordance …

§321-15.1 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in…

§321-15.2 Background checks. (a) For the purposes of this section: "Adults" means individuals aged eighteen years or older. "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility. If the applicant is an entity, the term "applicant…

[§321-15.3 Criminal history disclosure of prospective care home resident.] Notwithstanding any other law to the contrary, the department of health shall disclose to the operator of an adult residential care home, to the extent that the division or office of the department that is…

§321-15.6 Adult residential care homes; licensing. (a) All adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.9. (b) The director…

[§321-15.61] Adult residential care homes expanded admissions. (a) Adult residential care homes may admit an individual who has been living immediately prior to admission in the individual's own home, a hospital, or other care setting, and who has been either: (b) The department …

§321-15.62 Expanded adult residential care homes; licensing. (a) All expanded adult residential care homes shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. The department shall conduct visits and inspections pursuant to section 321-1.…

[§321-15.63] Hospice services. (a) The department of health may license hospice service agencies. If the department licenses hospice service agencies, the director shall adopt rules in accordance with chapter 91 regarding hospice service agencies that shall: Licensing shall be re…

§321-15.7 Penalty. Any person who intentionally operates an adult residential care home or hospice home without a license shall be guilty of a misdemeanor. [L 1978, c 107, pt of §3; am L 1985, c 272, §6; am L 1989, c 223, §2; am L 1999, c 77, §7]

§321-15.9 Developmental disabilities residential services. (a) The department of health is authorized to license developmental disabilities domiciliary homes for individuals with developmental or intellectual disabilities who are unable to live independently and who require super…

[§321-16.5] Special treatment facilities. (a) All special treatment facilities shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. (b) The director shall adopt rules, in accordance with chapter 91, regarding special treatment facilities …

[§321-16.6] Therapeutic living programs. (a) All therapeutic living programs shall be licensed to ensure the health, safety, and welfare of the individuals placed therein. (b) The director shall adopt rules regarding therapeutic living programs in accordance with chapter 91 that …

[PART XIV. BLOOD ALCOHOL] §321-161 Chemical testing for alcohol concentration or drug content. (a) The department of health shall establish and administer a statewide program relating to chemical testing of alcohol concentrations or drug content for the purposes of chapters 286, …

§321-17 Vessels to carry diseased persons; penalty. Vessels, regardless of tonnage, and other common carriers, shall be permitted or required to carry persons having Hansen's disease or other contagious diseases under such restrictions and provisions as may be prescribed by the d…

PART XV. MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS §321-171 Mental health services for children and adolescents; department responsibility. It shall be the responsibility of the department of health to: These services shall be delivered as soon as reasonably possible af…

§321-171.5 Employees of the department of health, its providers and subcontractors; background checks. (a) The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as …