PART I. GENERAL AND ADMINISTRATIVE PROVISIONS

 

§321-1  General powers and duties of thedepartment.  (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 epidemiologicinvestigations of diseases and injuries that threaten or are deemed by thedepartment to threaten the public health and safety.

(c)  The department shall have authority inmatters of quarantine and other health matters and may declare and enforcequarantine when none exists and modify or release quarantine when it isestablished.

(d)  When it is determined that there isimminent danger of epidemic or serious outbreak of communicable disease, thedepartment 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 takeprecautionary measures to protect the public through the imposition of anembargo, the detention of products regulated by the department, the removal ofproducts regulated by the department from the market, the declaration ofquarantine, or by sequestering items suspected to be contaminated by toxic orinfectious substances; provided that the director shall find evidence of ahealth hazard within seven days of the action taken or rescind the action.  Thedirector shall make public the findings.

(f)  All county health authorities, sheriffs,police officers, and all other officers and employees of the State, and everycounty thereof, shall enforce the rules of the department.  All such powers inhealth matters as have been or may be conferred upon any county shall beconcurrent with those of the department.

(g)  The department may establish charges and collectfees for any of its services; provided that the department shall not refuse toprovide services to any person due to the person's inability to pay the fee forthe service.  The department, through the director, shall make an annual reportto the governor, showing in detail all its expenditures and transactions, andsuch other information regarding the public health as the department may deemof special interest.

(h)  The department, during the prevalence ofany severe pestilence or epidemic, shall publish a weekly report of the publichealth.

(i)  The department shall establish andadminister programs, and adopt rules as deemed necessary, for the prevention ofdomestic and sexual violence and the protection and treatment of victims ofdomestic and sexual violence. [L 1937, c 122, pt of §2; RL 1945, §2007; RL1955, §46-8; am L Sp 1959 2d, c 1, §19; HRS §321-1; am L 1984, c 173, §1; am L1985, c 271, §4; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1991, c158, §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 andauthority, see §26-13.

 

Case Notes

 

  Under old statuteofficer of board had no authority to direct a school teacher to cut hair ofpupil.  8 H. 54.

  Health laws should beliberally construed to accomplish their purpose to protect community.  21 H.56, 60; 21 H. 206, 208; 22 H. 327, 333.