§321-5  Contract for exchange of Hawaiipersonnel.  The department of health may contract with any state, or thehealth department of any state having the power to so contract, for theexchange of Hawaii personnel for personnel of the health department of any suchstate.  Any such exchange shall be made under rules and regulations prescribedby the department, in no case shall be for a period exceeding one year, and inall cases shall be subject to the following provisions:

(1)  That each person exchanged by the healthdepartment of any state shall possess qualifications equal to thequalifications of the person exchanged for him from Hawaii;

(2)  That the person exchanged from Hawaii shall haveserved for not less than three years prior to beginning of the exchange periodin the Hawaii personnel;

(3)  That in the selection of Hawaii personnel forexchange, preference shall be given to persons born in the State;

(4)  That each person exchanged by the healthdepartment of any state shall hold in the health department of such state aposition the same as or equivalent to the position held by the person exchangedfor him from Hawaii;

(5)  That the person exchanged from Hawaii shall bepaid his regular salary out of the funds appropriated therefor, but nothing inaddition thereto;

(6)  That the State shall not pay any traveling orother expenses of the Hawaii personnel or of the personnel of the healthdepartment of any state coming to Hawaii under any contract of exchange.  Thisprohibition shall be construed to include all travel, transportation, board,lodging, or other expenses incidental to or arising out of any exchange;

(7)  That the State shall not pay any compensation tothe person coming to Hawaii under any contract of exchange; provided that inany case where the person so exchanged from Hawaii becomes incapacitated, or,for any reason, leaves the exchange position permanently, the department maypay the visiting exchange person an amount not to exceed the salary rating ofthe person so exchanged from Hawaii, such an arrangement to continue until theend of the period of exchange or until such time as some adjustmentsatisfactory to the department is made;

(8)  That any provision of law to the contrarynotwithstanding, the state requirements in respect to civil service,citizenship, or residence shall not apply to any person coming to Hawaii underany such contract of exchange;

(9)  That the appropriate collective bargainingagreement, executive order, executive directive, or rule regarding travelingexpenses for state officials shall not apply to Hawaii personnel exchangedunder this section.

The department may make such rules andregulations as it may deem necessary concerning the powers, rights, functions,conduct, duties, and liabilities of, exercised by or imposed upon any personcoming to Hawaii under any contract of exchange.

As used in this section, unless the textclearly otherwise indicates, "Hawaii personnel" means public healthnurses, sanitary officers, and medical officers; "state" means any stateor territory of the United States, or county or municipality of any such stateor territory; and "health department" means the board of health,department of health, president of the board of health, or other publicauthority authorized by law to administer or administering the public healthlaws of any state. [L 1941, c 83, pt of §1; am L 1943, c 43, §1(7); RL 1945,§§2013, 2014; RL 1955, §46-20; am L Sp 1959 2d, c 1, §19; HRS §321-5; am L2002, c 148, §35]