§325-32 Immunization against infectious diseases. (a) The department of health may adopt rules requiring and governing immunization against typhoid fever, pertussis (whooping cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis B, rubella, haemophilus influenzae type B, and any other communicable disease, if a suitable immunizing agent is available for the disease and a need for immunization against it exists within the State. The department may also provide vaccines and other immunizing agents to private and public health care providers for administration to the general public.
(b) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 and the provisions of chapter 201M, the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:
(1) Giving public notice of the substance of the proposed rules at least once statewide; and
(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.
The rules, when adopted or amended pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules. [L 1945, c 171, pt of §1; RL 1955, §49-32; am L 1967, c 23, §2; HRS §325-32; am L 1974, c 6, §2(1); am L 1993, c 266, §2; am L 2013, c 231, §3]
Cross References
Insurance coverage for immunizations, see §431:10A-115.5; §431:10A-206.5; §432:1-602.5.
Structure Hawaii Revised Statutes
325. Infectious and Communicable Diseases
325-1 Diseases or conditions declared communicable or dangerous to public health.
325-2 Physicians, laboratory directors, and health care professionals to report.
325-2.5 Health care-associated infection reporting.
325-4 Identity of patients safeguarded.
325-5 Antitoxins, antiserums, vaccines, biologics, and drugs.
325-8 Infected persons and quarantine.
325-12 Common drinking cup prohibited.
325-16 Informed consent for testing or disclosure.
325-17 Quality assurance standards for HIV antibody testing.
325-18 Advisory committees for health care workers infected with blood-borne infections.
325-19 Rubella testing of pregnant women.
325-20 Agreements; collaborative assistance in control of disease outbreaks.
325-21 Sale of sterile syringes for the prevention of disease.
325-32 Immunization against infectious diseases.
325-33 Performance of vaccination and immunization.
325-36 Duty of adult, or of parent, guardian, or caregiver.
325-37 Fraud; wilful misrepresentation; failure to comply; penalties.
325-38 Immunization of indigent, medically indigent, and other persons.
325-51 Blood samples of pregnant women required.
325-52 Serologic tests; reports.
325-53 Reports of blood tests.
325-54 Reports confidential; penalty.
325-71 Reports by physicians and others.
325-73 Protection of record; penalty.
325-74 Physicians; precautions; instructions.
325-75 Reporting recovery of patient.
325-76 Examinations for tuberculosis.
325-78 Test and treatment for tuberculosis.
325-91 Blood transfusion; hepatitis.
325-92 Prenatal hepatitis B screening and treatment of newborns.
325-101 Confidentiality of records and information.
325-104 Responsibility to report.
325-112 Sterile needle and syringe exchange program established.
325-113 Operation of the program.
325-115 Program oversight committee.
325-117 Termination of the program.
325-122 Hawaii immunization registry; establishment and purposes.
325-123 Confidentiality and content of registry records.
325-124 Purposes for access to registry information; access not a disclosure.
325-125 Registry record requirements; duration of retention.