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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HEALTH.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 321-11, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "321-11  Subjects of health rules, generally.  The
 
 4 department pursuant to chapter 91 may adopt rules that it deems
 
 5 necessary for the public health and safety respecting:
 
 6      (1)  Nuisances, foul or noxious odors, gases, vapors, waters
 
 7           in which mosquitoes breed or may breed, sources of
 
 8           filth, and causes of sickness or disease, within the
 
 9           respective districts of the State, and on board any
 
10           vessel;
 
11      (2)  Adulteration and misbranding of food or drugs;
 
12      (3)  Location, air space, ventilation, sanitation, drainage,
 
13           sewage disposal, and other health conditions of
 
14           buildings, courts, construction projects, excavations,
 
15           pools, watercourses, areas, and alleys;
 
16      (4)  Privy vaults and cesspools;
 
17      (5)  Fish and fishing;
 
18      (6)  Interments and dead bodies;
 
19      (7)  Disinterments of dead human bodies, including the
 

 
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 1           exposing, disturbing, or removing of these bodies from
 
 2           their place of burial, or the opening, removing, or
 
 3           disturbing after due interment of any receptacle,
 
 4           coffin, or container holding human remains or a dead
 
 5           human body or a part thereof and the issuance and terms
 
 6           of permits for the aforesaid disinterments of dead
 
 7           human bodies;
 
 8      (8)  Cemeteries and burying grounds;
 
 9      (9)  Laundries, and the laundering, sanitation, and
 
10           sterilization of articles including linen and uniforms
 
11           used by or in the following businesses and professions:
 
12           barber shops, manicure shops, beauty parlors,
 
13           electrology shops, restaurants, soda fountains, hotels,
 
14           rooming and boarding houses, bakeries, butcher shops,
 
15           public bathhouses, midwives, masseurs, and others in
 
16           similar calling, public or private hospitals, and
 
17           canneries and bottling works where foods or beverages
 
18           are canned or bottled for public consumption or sale;
 
19           provided that nothing in this chapter shall be
 
20           construed as authorizing the prohibiting of laundering,
 
21           sanitation, and sterilization by those conducting any
 
22           of these businesses or professions where the laundering
 
23           or sterilization is done in any efficient and sanitary
 

 
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 1           manner;
 
 2     (10)  Hospitals, freestanding surgical outpatient facilities,
 
 3           skilled nursing facilities, intermediate care
 
 4           facilities, adult residential care homes, adult foster
 
 5           homes, assisted living facilities, special treatment
 
 6           facilities and programs, home health agencies,
 
 7           hospices, freestanding birthing facilities, adult day
 
 8           health centers, independent group residences, and
 
 9           therapeutic living programs, but excluding youth
 
10           shelter facilities unless clinical treatment of mental,
 
11           emotional, or physical disease or handicap is a part of
 
12           the routine program or constitutes the main purpose of
 
13           the facility, as defined in section 346-16 under "child
 
14           care institution".  For the purpose of this paragraph,
 
15           "adult foster home" has the same meaning as provided in
 
16           section 321-11.2;
 
17     (11)  Hotels, rooming houses, lodging houses, apartment
 
18           houses, tenements, and residences for persons with
 
19           developmental disabilities including, but not limited
 
20           to, those built under federal funding;
 
21     (12)  Laboratories;
 
22     (13)  Any place or building where noisome or noxious trades
 
23           or manufacturers are carried on, or intended to be
 

 
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 1           carried on;
 
 2     (14)  Milk;
 
 3     (15)  Poisons and hazardous substances, the latter term
 
 4           including but not limited to any substance or mixture
 
 5           of substances which:
 
 6           (A)  Is corrosive;
 
 7           (B)  Is an irritant;
 
 8           (C)  Is a strong sensitizer;
 
 9           (D)  Is inflammable; or
 
10           (E)  Generates pressure through decomposition, heat, or
 
11                other means,
 
12           if the substance or mixture of substances may cause
 
13           substantial personal injury or substantial illness
 
14           during or as a proximate result of any customary or
 
15           reasonably foreseeable handling or use, including
 
16           reasonably foreseeable ingestion by children;
 
17     (16)  Pig and duck ranches;
 
18     (17)  Places of business, industry, employment, and commerce,
 
19           and the processes, materials, tools, machinery, and
 
20           methods of work done therein; and places of public
 
21           gathering, recreation, or entertainment;
 
22     (18)  Any restaurant, theater, market, stand, shop, store,
 
23           factory, building, wagon, vehicle, or place where any
 

 
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 1           food, drug, or cosmetic is manufactured, compounded,
 
 2           processed, extracted, prepared, stored, distributed,
 
 3           sold, offered for sale, or offered for human
 
 4           consumption or use;
 
 5     (19)  Foods, drugs, and cosmetics, and the manufacture,
 
 6           compounding, processing, extracting, preparing,
 
 7           storing, selling, and offering for sale, consumption,
 
 8           or use of any food, drug, or cosmetic;
 
 9     (20)  Devices as defined in section 328-1;
 
10     (21)  Sources of ionizing radiation;
 
11     (22)  Medical examination, vaccination, revaccination, and
 
12           immunization of school children.  No child shall be
 
13           subjected to medical examination, vaccination,
 
14           revaccination, or immunization, whose parent or
 
15           guardian objects in writing thereto on grounds that the
 
16           requirements are not in accordance with the religious
 
17           tenets of an established church of which the parent or
 
18           guardian is a member or adherent, but no objection
 
19           shall be recognized when, in the opinion of the
 
20           department, there is danger of an epidemic from any
 
21           communicable disease;
 
22     (23)  Disinsectization of aircraft entering or within the
 
23           State as may be necessary to prevent the introduction,
 

 
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 1           transmission, or spread of disease or the introduction
 
 2           or spread of any insect or other vector of significance
 
 3           to health; and
 
 4    [(24)  Fumigation, including the process by which substances
 
 5           emit or liberate gases, fumes, or vapors which may be
 
 6           used for the destruction or control of insects, vermin,
 
 7           rodents, or other pests, which, in the opinion of the
 
 8           department, may be lethal, poisonous, noxious, or
 
 9           dangerous to human life;
 
10 (25)](24) Ambulances and ambulance equipment[;
 
11     (26)  Development, review, approval, or disapproval of
 
12           management plans submitted pursuant to the Asbestos
 
13           Hazard Emergency Response Act of 1986, Public Law 99-
 
14           519; and
 
15     (27)  Development, review, approval, or disapproval of an
 
16           accreditation program for specially trained persons
 
17           pursuant to the Residential Lead-Based Paint Hazard
 
18           Reduction Act of 1992, Public Law 102-550].
 
19      The department may require any certificates, permits, or
 
20 licenses that it may deem necessary to adequately regulate the
 
21 conditions or businesses referred to in this section."
 
22      SECTION 2.  Section 321-11.5, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "321-11.5  Establishment of fees.  The department of
 
 2 health, by rules adopted pursuant to chapter 91, may establish
 
 3 reasonable fees for facilities seeking licensure or certification
 
 4 by the department for the issuance or renewal of licenses,
 
 5 permits, variances, and various certificates required by law or
 
 6 by the department's rules.  The fees may include the cost of
 
 7 related examinations, inspections, investigations, and reviews.
 
 8 [All fees paid and collected under this section and section 321-
 
 9 15 shall be deposited into the environmental health education
 
10 fund established under section 321-27.]"
 
11      SECTION 3.  Section 321-13, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  The department of health, with the approval of the
 
14 governor, may prescribe such rules as it deems necessary for the
 
15 public health or safety respecting:
 
16      (1)  The occupations or practices of laboratory directors,
 
17           laboratory technologists, laboratory supervisors,
 
18           laboratory technicians, tattoo artists, [sanitarians,
 
19           asbestos inspectors, asbestos management planners,
 
20           asbestos abatement project designers, lead inspectors,
 
21           lead risk assessors, lead abatement workers, lead
 
22           abatement supervisors, and lead abatement project
 
23           designers;] and environmental health professionals;
 

 
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 1      (2)  The health, education, training, experience, habits,
 
 2           qualifications, or character of persons to whom
 
 3           certificates of registration or permits for these
 
 4           occupations or practices may be issued;
 
 5      (3)  The health, habits, character, practices, standards, or
 
 6           conduct of persons holding these certificates or
 
 7           permits; or
 
 8      (4)  The grounds or causes for revoking or suspending these
 
 9           certificates or permits.
 
10 The rules shall have the force and effect of law."
 
11      SECTION 4.  Section 321-15, Hawaii Revised Statutes, is
 
12 amended by amending the title and subsection (a) to read as
 
13 follows:
 
14      "321-15  [Annual] Biennial registration; fees, failure to
 
15 register.(a)  Every person holding a license to practice any
 
16 occupation specified in section 321-13(a)(1) shall reregister
 
17 with the department of health[,] every other year in accordance
 
18 with the rules of the department, before February 1 [of each
 
19 year] except where superseded by federal law, and shall pay a
 
20 reregistration fee.  The failure, neglect, or refusal of any
 
21 person holding such a license to reregister or pay the
 
22 reregistration fee, after thirty days of delinquency, shall
 
23 constitute a forfeiture of the person's license; provided that
 

 
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 1 the license shall be restored upon written application therefor
 
 2 together with a payment of all delinquent fees and an additional
 
 3 late reregistration fee that may be established by the director
 
 4 of health.  All fees collected pursuant to this section shall be
 
 5 deposited into the environmental health education fund
 
 6 established under section 321-27."
 
 7      SECTION 5.  Section 321-27, Hawaii Revised Statutes, is
 
 8 amended by amending subsections (a) and (b) to read as follows:
 
 9      "(a)  There is established within the department of health
 
10 an environmental health education fund into which shall be
 
11 deposited all moneys collected from fees for permits, licenses,
 
12 inspections, various certificates, variances, investigations, and
 
13 reviews, pursuant to rules adopted for sections [321-11.5 and
 
14 321-15.] 321-11(1), (2), (3), (8), (9), (11), (14), (15), (17),
 
15 (18), (19), (20), and (23), 321-15, 321-375, and 321-381.
 
16      (b)  Moneys in the fund shall be expended by the department
 
17 for the purpose of enhancing the capacity of environmental health
 
18 programs to:
 
19      (1)  Improve public outreach efforts and consultations to
 
20           industries regulated;
 
21      (2)  Educate the public, staff, and industries regulated
 
22           thereunder;
 
23      (3)  Plan for future growth and expansion to meet emerging
 

 
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 1           needs; and
 
 2      (4)  Provide training opportunities to ensure the
 
 3           maintenance of professional competence among
 
 4           environmental health staff and administrators.
 
 5      [Not more than $90,000 of the fund may be utilized during
 
 6 any fiscal year for fund administration, including the hiring of
 
 7 not more than two full-time equivalent personnel, and the
 
 8 purchase of office and electronic equipment.]"
 
 9      SECTION 6.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 7.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________
 

 
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