§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 equity. The department shall consider social determinants of health in the assessment of state needs for health.
(b) The department may conduct epidemiologic investigations of diseases and injuries that threaten or are deemed by the department to threaten the public health and safety.
(c) The department shall have authority in matters of quarantine and other health matters and may declare and enforce quarantine when none exists and modify or release quarantine when it is established.
(d) When it is determined that there is imminent danger of epidemic or serious outbreak of communicable disease, the department may refuse, modify, or limit attendance at any school in the State.
(e) When in the judgment of the director, there is deemed to be a potential health hazard, the department may take precautionary measures to protect the public through the imposition of an embargo, the detention of products regulated by the department, the removal of products regulated by the department from the market, the declaration of quarantine, or by sequestering items suspected to be contaminated by toxic or infectious substances; provided that the director shall find evidence of a health hazard within seven days of the action taken or rescind the action. The director shall make public the findings.
(f) All county health authorities, sheriffs, police officers, and all other officers and employees of the State, and every county thereof, shall enforce the rules of the department. All such powers in health matters as have been or may be conferred upon any county shall be concurrent with those of the department.
(g) The department may establish charges and collect fees for any of its services; provided that the department shall not refuse to provide services to any person due to the person's inability to pay the fee for the service. The department, through the director, shall make an annual report to the governor, showing in detail all its expenditures and transactions, and such other information regarding the public health as the department may deem of special interest.
(h) The department, during the prevalence of any severe pestilence or epidemic, shall publish a weekly report of the public health.
(i) The department shall establish and administer programs, and adopt rules as deemed necessary, for the prevention of domestic and sexual violence and the protection and treatment of victims of domestic and sexual violence.
(j) As used in this section:
"Health equity" means assuring equal opportunity for all people in the State to attain their full health potential.
"Social determinants of health" means the complex, integrated, and overlapping social structures and economic systems that contribute to health inequities. These social structures and economic systems include the social environment, physical environment, health services, and structural and societal factors. [L 1937, c 122, pt of §2; RL 1945, §2007; RL 1955, §46-8; am L Sp 1959 2d, c 1, §19; HRS §321-1; am L 1984, c 173, §1; am L 1985, c 271, §4; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1991, c 158, §1; am L 1996, c 167, §2; am L 1999, c 192, §3; am L 2002, c 169, §3; am L 2014, c 157, §2]
Cross References
Annual reports, see §93-12.
General functions and authority, see §26-13.
Case Notes
Health laws should be liberally construed to accomplish their purpose to protect community. 21 H. 56, 60; 21 H. 206, 208; 22 H. 327, 333.
Structure Hawaii Revised Statutes
321-1 General powers and duties of the department.
321-1.1 Development of environmental goals and objectives.
321-1.3 Domestic violence and sexual assault special fund.
321-1.4 Office of health care assurance special fund; deposits; expenditures
321-1.5 Primary health care incentive program; establishment.
321-1.6 Additional duties of the director.
321-1.7 Public health nursing services program.
321-1.8 Inspections; public notice.
321-1.9 Inspections; visits; state-licensed or state-certified care facilities.
321-1.65 Community health centers special fund.
321-2.5 Volunteer medical assistance personnel.
321-2.7 Preceptor credit assurance committee.
321-4.7 Producers of hand-pounded poi; exemption.
321-5 Contract for exchange of Hawaii personnel.
321-9 Seal, rules and regulations.
321-10 Rules, adoption, effect.
321-10.5 Agricultural processing facilities; permits; priority.
321-11 Subjects of health rules, generally.
321-11.1 Medically accurate sexuality health education.
321-11.4 Fees for electronic applications and payments
321-11.5 Establishment of fees.
321-11.6 Genetically modified organisms.
321-11.8 Care homes; liability insurance; coverage.
321-11.9 Dental health facilities; health care facilities; use of latex gloves.
321-12 Barbers, hairdressers, cosmeticians, cosmetologists, and beauticians.
321-12.2 Tanning facilities; minors; penalties.
321-12.5 Certified forensic examination fees.
321-13 Regulation of certain other occupations.
321-13.5 Certified nurse aides; investigations of abuse and neglect.
321-14 License to practice certain occupations.
321-14.5 Hospitals; licensing.
321-14.8 Home care agencies; licensing.
321-15.3 Criminal history disclosure of prospective care home resident.
321-15.6 Adult residential care homes; licensing.
321-15.9 Developmental disabilities residential services.
321-15.61 Adult residential care homes expanded admissions.
321-16.5 Special treatment facilities
321-16.6 Therapeutic living programs.
321-17 Vessels to carry diseased persons; penalty.
321-19 Delegation to counties.
321-21 Infectious wastes; management and disposal.
321-22 Long term care service development fund established.
321-22.5 Trauma system special fund
321-23 Catastrophic and traumatic emergency response program established.
321-23.3 Volunteer emergency medical disaster response personnel.
321-23.6 Rapid identification documents.
321-27 Sanitation and environmental health special fund.
321-28 Traumatic brain injury advisory board.
321-29 Epidemiologic investigations.
321-30.1 Medical cannabis registry and regulation special fund; established.
321-30.2 Civil monetary penalty special fund.
321-30.3 Default beverages offered with children's meals.
321-30.4 Cosmetics; animal testing; prohibition.
321-31 Functions of the department.
321-32 Epidemiological specialists.
321-34 Cytomegalovirus public education.
321-35 Department of education student physical examination follow-up assistance and consultations.
321-37 Child abuse and neglect secondary prevention programs.
321-38 Hawaii children's trust fund advisory committee.
321-43 Statistical activities.
321-46 Breast density mammography results; report and notification.
321-51 Department to administer part.
321-52 Powers, duties, and activities of the department.
321-62 General duties of department.
321-63 Director's specific duties and powers.
321-72 Sources of ionizing radiation; federal-state agreements.
321-82 Field nutritionist, rural Oahu.
321-91 Program of home health services.
321-93 Home health services; source of funds; disposition of receipts.
321-101 Systematic hearing and vision program.
321-106 Prevention of blindness at childbirth.
321-111 Sexually transmitted disease prevention program.
321-161 Chemical testing for alcohol concentration or drug content.
321-171 Children's mental health services; department responsibility.
321-172 Children's mental health services branch.
321-173 Community mental health services for children and youth.
321-174 Coordination of services with department of education.
321-175 Statewide children's mental health services plan.
321-176 Biennial review of progress.
321-192 Substance abuse program.
321-192.5 Substance abuse treatment monitoring program.
321-193 Duties and responsibilities of department.
321-193.5 Interagency coordination.
321-193.7 Clean and sober homes registry.
321-194 State advisory commission.
321-195 Annual report to the legislature.
321-198 State funding of substance abuse agencies.
321-212 Tobacco products; possession or consumption prohibited.
321-221 Findings and purpose. §321-221 Findings and purpose.
321-224 Department of health, functions, duties.
321-224.2 Enhanced and expanded emergency medical services; fees.
321-224.4 Community paramedicine program; established.
321-225 The state emergency medical services advisory committee.
321-225.5 Fall prevention and early detection coordinator.
321-227 Regulation of ambulances. §321-227 Regulation of ambulances.
321-228 Emergency medical services; counties. §321-228 Emergency medical services; counties.
321-228.5 Renumbered as §321-23.3.
321-228.6 Renumbered as §321-23.
321-229 Emergency medical services personnel, training programs.
321-229.2 First responder personnel; dementia training.
321-229.5 Renumbered as §321-23.6.
321-230 Technical assistance, data collection, evaluation.
321-232 Revenues; deposit into state general fund.
321-234 Emergency medical services special fund.
321-235 Immunity and limitation on liability for emergency aeromedical services.
321-237 Retention of relevant documentation.
321-281 Financial assistance fund for hemophilia.
321-282 General duties of the department.
321-291 Tests for phenylketonuria, hypothyroidism, and other metabolic diseases.
321-296 Newborn pulse oximetry screening.
321-301 Bilingual health education aide program; establishment.
321-311 Environmentally-related illness and injury surveillance.
321-311.5 Renumbered as §321-29.
321-312 Definition of environmentally-related illness or injury.
321-313 Definition of health care professional.
321-314 Reports to the department.
321-316 Immunity from liability.
321-322 Administration of programs.
321-324 Powers of the department.
321-327 Hawaii home visiting program; established.
321-331 Prenatal health care; authority.
321-341 Multidisciplinary and multiagency reviews.
321-343 Access to information; use of child death review information; protections.
321-345.5 Child death reviews; reports.
321-346 Immunity from liability.
321-352 Early intervention services for infants and toddlers with special needs.
321-352.2 Early language services for children who are deaf, hard of hearing, or deaf-blind.
321-353 Hawaii early intervention coordinating council; establishment.
321-355 Early intervention special fund.
321-357 Early intervention special fund; purpose and use.
321-373 Regulation of tattoo artists.
321-373.5 Permit; required for tattoo shop and temporary locations.
321-374 License required; exemptions.
321-375 Examination, fees required.
321-377 Suspension or revocation of permit or license.
321-379 Enforcement; penalties.
321-381 Biennial renewal; failure to renew.
321-402 Food safety consultative and education program.
321-403 Food safety control system.
321-404 Public information monitoring system.
321-405 Confidentiality of information.
321-412 Indoor air quality program.
321-413 General functions, powers, and duties of the department.
321-422 Birth defects program.
321-423 Confidentiality of data.
321-425 Requests for information.
321-426 Birth defects special fund.
321-432 Case management services for medically fragile children.
321-442 Exemption from certain laws and rules.
321-472 Multidisciplinary and multiagency reviews
321-475 Use of domestic violence fatality review information and records
321-476 Immunity from liability
321-482 Home and community-based case management agency, authority over and evaluation of
321-483 Community care foster family home, authority over and evaluation of.
321-486.1 Action upon investigation.
321-487 Referral or transfers to uncertified or unlicensed care facility; penalty.
321-493 Day care centers for disabled and aged persons.
321-501 Multidisciplinary and multiagency mortality reviews.
321-503 Access to information.
321-506 Immunity from liability.
321-513 Enforcement; administrative penalties.
321-532 Stroke system of care; department duties.
321-534 Confidential information.
321-561 Limited service pregnancy centers; notice of reproductive health services.
321-562 Limited service pregnancy centers; enforcement; private right of action.
321-563 Seizure first aid; information.
321-571 Skilled nursing facilities.
321-581 Authority of the department of health.
321-582 Consultation with the University of Hawaii required.
321-583 Reduction or elimination of direct patient care services.