§321-11  Subjects of health rules,generally.  [Repeal and reenactment on June 30, 2014.  L Sp 2009, c 21,§8.]  The department of health pursuant to chapter 91 may adopt rules thatit deems necessary for the public health and safety respecting:

(1)  Nuisances, foul or noxious odors, gases, vapors,waters in which mosquitoes breed or may breed, sources of filth, and causes ofsickness or disease, within the respective districts of the State, and on boardany vessel;

(2)  Adulteration and misbranding of food or drugs;

(3)  Location, air space, ventilation, sanitation,drainage, sewage disposal, and other health conditions of buildings, courts,construction projects, excavations, pools, watercourses, areas, and alleys;

(4)  Privy vaults and cesspools;

(5)  Fish and fishing;

(6)  Interments and dead bodies;

(7)  Disinterments of dead human bodies, including theexposing, disturbing, or removing of these bodies from their place of burial,or the opening, removing, or disturbing after due interment of any receptacle,coffin, or container holding human remains or a dead human body or a partthereof and the issuance and terms of permits for the aforesaid disintermentsof dead human bodies;

(8)  Cemeteries and burying grounds;

(9)  Laundries, and the laundering, sanitation, andsterilization of articles including linen and uniforms used by or in thefollowing businesses and professions:  barber shops, manicure shops, beautyparlors, electrology shops, restaurants, soda fountains, hotels, rooming andboarding houses, bakeries, butcher shops, public bathhouses, midwives,masseurs, and others in similar calling, public or private hospitals, andcanneries and bottling works where foods or beverages are canned or bottled forpublic consumption or sale; provided that nothing in this chapter shall beconstrued as authorizing the prohibiting of laundering, sanitation, andsterilization by those conducting any of these businesses or professions wherethe laundering or sterilization is done in an efficient and sanitary manner;

(10)  Hospitals, freestanding surgical outpatientfacilities, skilled nursing facilities, intermediate care facilities, adultresidential care homes, adult foster homes, assisted living facilities, specialtreatment facilities and programs, home health agencies, home care agencies,hospices, freestanding birthing facilities, adult day health centers,independent group residences, and therapeutic living programs, but excludingyouth shelter facilities unless clinical treatment of mental, emotional, orphysical disease or handicap is a part of the routine program or constitutesthe main purpose of the facility, as defined in section 346-16 under"child care institution".  For the purpose of this paragraph,"adult foster home" has the same meaning as provided in section321-11.2;

(11)  Hotels, rooming houses, lodging houses, apartmenthouses, tenements, and residences for persons with developmental disabilitiesincluding those built under federal funding;

(12)  Laboratories;

(13)  Any place or building where noisome or noxioustrades or manufacturing is carried on, or intended to be carried on;

(14)  Milk;

(15)  Poisons and hazardous substances, the latter termincluding any substance or mixture of substances that:

(A)  Is corrosive;

(B)  Is an irritant;

(C)  Is a strong sensitizer;

(D)  Is inflammable; or

(E)  Generates pressure through decomposition,heat, or other means,

if the substance or mixture of substances maycause substantial personal injury or substantial illness during or as aproximate result of any customary or reasonably foreseeable handling or use,including reasonably foreseeable ingestion by children;

(16)  Pig and duck ranches;

(17)  Places of business, industry, employment, andcommerce, and the processes, materials, tools, machinery, and methods of workdone therein; and places of public gathering, recreation, or entertainment;

(18)  Any restaurant, theater, market, stand, shop,store, factory, building, wagon, vehicle, or place where any food, drug, orcosmetic is manufactured, compounded, processed, extracted, prepared, stored,distributed, sold, offered for sale, or offered for human consumption or use;

(19)  Foods, drugs, and cosmetics, and the manufacture,compounding, processing, extracting, preparing, storing, selling, and offeringfor sale, consumption, or use of any food, drug, or cosmetic;

(20)  Devices as defined in section 328-1;

(21)  Sources of ionizing radiation;

(22)  Medical examination, vaccination, revaccination,and immunization of school children.  No child shall be subjected to medicalexamination, vaccination, revaccination, or immunization, whose parent orguardian objects in writing thereto on grounds that the requirements are not inaccordance with the religious tenets of an established church of which theparent or guardian is a member or adherent, but no objection shall berecognized when, in the opinion of the department, there is danger of anepidemic from any communicable disease;

(23)  Disinsectization of aircraft entering or withinthe State as may be necessary to prevent the introduction, transmission, orspread of disease or the introduction or spread of any insect or other vectorof significance to health;

(24)  Fumigation, including the process by whichsubstances emit or liberate gases, fumes, or vapors that may be used for thedestruction or control of insects, vermin, rodents, or other pests, which, inthe opinion of the department, may be lethal, poisonous, noxious, or dangerousto human life;

(25)  Ambulances and ambulance equipment;

(26)  Development, review, approval, or disapproval ofmanagement plans submitted pursuant to the Asbestos Hazard Emergency ResponseAct of 1986, Public Law 99-519; and

(27)  Development, review, approval, or disapproval ofan accreditation program for specially trained persons pursuant to theResidential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550.

The department of health may require anycertificates, permits, or licenses that it may deem necessary to adequatelyregulate the conditions or businesses referred to in this section. [PC 1869, c59, §§4 to 6; am L 1905, c 42, §1; am L 1911, c 132, §2; am L 1913, c 63, §1;am L 1919, c 235, §1; RL 1925, §912; am L 1933, c 73, §1; RL 1935, pt of §§904and 1130; am L 1937, c 122, §4 and c 197, §1; am L 1941, c 18, §1; RL 1945,§2015; am L 1945, c 116, §1(b); am L 1949, c 71, §1; am L 1951, c 18, §3, c 64,§1, and c 181, §1; am L 1953, c 32, §1; RL 1955, §46-13; am L 1957, c 153, §1;am L Sp 1959 2d, c 1, §19; am L 1963, c 150, §1; HRS §321-11; am L 1969, c 134,§1; am L 1973, c 5, §1; am L 1978, c 7, §1; am L 1980, c 239, §3; am L 1981, c84, §1; am L 1985, c 272, §4; am L 1986, c 37, §1, c 178, §2, and c 328, §1; amL 1987, c 334, §1; am L 1988, c 194, §2; am L 1989, c 223, §1; am L 1990, c285, §5; am L 1992, c 15, §1; am L 1995, c 87, §2; am L 1997, c 219, §1 and c220, §2; am L Sp 2009, c 21, §3]

 

Case Notes

 

  May require suitablelocations for laundries.  19 H. 628.

  Regulation beyondlimits of power conferred by legislature, void.  21 H. 56.  See also 20 H. 411.