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.



(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. [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]



 



Cross References



 



  Annual reports, see
§93-12.



  General functions and
authority, see §26-13.



 



Case Notes



 



  Under old statute
officer of board had no authority to direct a school teacher to cut hair of
pupil.  8 H. 54.



  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.