REPORT TITLE:
***


DESCRIPTION:
***

 
a                                                      HTH-3(99)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1020
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EPIDEMIOLOGIC INVESTIGATIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION  1.  Chapter 321, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§321-    Epidemiologic investigations.  (a)  The department
 
 5 may conduct investigations to determine the nature and extent of
 
 6 diseases and injuries deemed by the department to threaten the
 
 7 public health.
 
 8      (b)  Every person, health care provider, and medical
 
 9 facility shall provide a patient's name, the name of a minor
 
10 patient's parent or guardian, address, telephone number, age,
 
11 sex, race or ethnicity, clinical signs and symptoms, laboratory
 
12 test results, diagnostic interview data, treatment provided, and
 
13 the disposition of patient when requested by an authorized
 
14 representative of the director for the purpose of conducting such
 
15 an investigation.
 
16      (c)  No person, health care provider, or medical facility
 
17 that provides information requested by an authorized
 
18 representative of the director for the purpose of conducting an
 
19 investigation under this section shall be held civilly or
 

 
a                                                      HTH-3(99)
Page 2                                                     1020
                                     S.B. NO.           
                                                        
                                                        

 
 1 criminally liable for providing that information to the
 
 2 department.
 
 3      (d)  All information provided to the department under this
 
 4 section shall be kept strictly confidential, except as the
 
 5 director determines is necessary to protect the health and safety
 
 6 of the public.  Access to confidential records shall be
 
 7 restricted to those individuals specifically authorized to
 
 8 participate in any given investigation. However, epidemiologic
 
 9 and statistical information with no individual identifying
 
10 information may be released to the public.  The identities of
 
11 individuals whose medical records are investigated shall be
 
12 disclosed only to those persons authorized by the director or the
 
13 director's representative to conduct a specific investigation
 
14 under this section or determined by the director to be necessary
 
15 to protect the health and safety of the public."
 
16      SECTION 2.  Section 321-1, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§321-1  General powers and duties of the department.(a)
 
19 The department of health shall have general charge, oversight,
 
20 and care of the health and lives of the people of the State.
 
21      (b)  The department may conduct epidemiologic investigations
 
22 of diseases and injuries that threaten or are deemed by the
 
23 department to threaten the public health.
 
24      [(b)] (c)  The department shall have authority in matters of
 

 
a                                                      HTH-3(99)
Page 3                                                     1020
                                     S.B. NO.           
                                                        
                                                        

 
 1 quarantine and other health matters and may declare and enforce
 
 2 quarantine when none exists and modify or release quarantine when
 
 3 it is established.
 
 4      [(c)] (d)  When it is determined that there is imminent
 
 5 danger of epidemic or serious outbreak of communicable disease,
 
 6 the department may refuse, modify, or limit attendance at any
 
 7 school in the State.
 
 8      [(d)] (e)  When in the judgment of the director, there is
 
 9 deemed to be a potential health hazard, the department, through
 
10 the director, may take precautionary measures to protect the
 
11 public through the imposition of an embargo or the detention of
 
12 products regulated by the department, or the removal of products
 
13 regulated by the department from the market, or the declaration
 
14 of quarantine; provided that the director must find evidence of a
 
15 health hazard within seventy-two hours of the action taken or
 
16 rescind the action.  The director shall make public the findings.
 
17      [(e)] (f)  All county health authorities, sheriffs, police
 
18 officers, and all other officers and employees of the State, and
 
19 every county thereof, shall enforce the rules of the department.
 
20 All such powers in health matters as have been or may be
 
21 conferred upon any county shall be concurrent with those of the
 
22 department.
 

 
a                                                      HTH-3(99)
 
Page 4                                                     1020
                                     S.B. NO.           
                                                        
                                                        

 
 1      [(f)] (g)  The department may establish charges and collect
 
 2 fees for any of its services; provided that the department shall
 
 3 not refuse to provide services to any person due to the person's
 
 4 inability to pay the fee for the service.  The department,
 
 5 through the director, shall make an annual report to the
 
 6 governor, showing in detail all its expenditures and
 
 7 transactions, and such other information regarding the public
 
 8 health as the department may deem of special interest.
 
 9      [(g)] (h)  The department, during the prevalence of any
 
10 severe pestilence or epidemic, shall publish a weekly report of
 
11 the public health.
 
12      [(h)] (i)  The department shall establish and administer
 
13 programs, and adopt rules as deemed necessary, for the prevention
 
14 of domestic and sexual violence and the protection and treatment
 
15 of victims of domestic and sexual violence."
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________
 

 
a                                                      HTH-3(99)