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



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



(2)  That the person exchanged from Hawaii shall have
served for not less than three years prior to beginning of the exchange period
in the Hawaii personnel;



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



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



(5)  That the person exchanged from Hawaii shall be
paid his regular salary out of the funds appropriated therefor, but nothing in
addition thereto;



(6)  That the State shall not pay any traveling or
other expenses of the Hawaii personnel or of the personnel of the health
department of any state coming to Hawaii under any contract of exchange.  This
prohibition 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 to
the person coming to Hawaii under any contract of exchange; provided that in
any case where the person so exchanged from Hawaii becomes incapacitated, or,
for any reason, leaves the exchange position permanently, the department may
pay the visiting exchange person an amount not to exceed the salary rating of
the person so exchanged from Hawaii, such an arrangement to continue until the
end of the period of exchange or until such time as some adjustment
satisfactory to the department is made;



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



(9)  That the appropriate collective bargaining
agreement, executive order, executive directive, or rule regarding traveling
expenses for state officials shall not apply to Hawaii personnel exchanged
under this section.



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



As used in this section, unless the text
clearly otherwise indicates, "Hawaii personnel" means public health
nurses, sanitary officers, and medical officers; "state" means any state
or territory of the United States, or county or municipality of any such state
or territory; and "health department" means the board of health,
department of health, president of the board of health, or other public
authority authorized by law to administer or administering the public health
laws 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 L
2002, c 148, §35]