Substance Abuse

HRS div. 1, tit. 19, ch. 321, pt. XVI

in effect

HRS §321-191 Definitions

321-191. Definitions As used in this part: "Advisory commission" means the state advisory commission on drug abuse and controlled substances established in section 329-2. "Clean and sober home" means a dwelling unit that is intended to provide a stable, independent environment of alcohol- and drug-free living conditions to sustain recovery and that is shared by unrelated adult persons who are recovering from substance abuse. "Department" means the department of health. "Substance" means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents. "Substance abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. [L 1975, c 190, pt of §2; am L 2014, c 193, §4]

HRS §321-192 Substance abuse program

321-192. Substance abuse program The department shall establish a substance abuse program in the State under this part. L 1975, c 190, pt of §2

HRS §321-192.5 Substance abuse treatment monitoring program

321-192.5. Substance abuse treatment monitoring program (a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the department shall establish a statewide substance abuse treatment monitoring program to collect the following information from all treatment providers accredited by the department, pursuant to section 321-198, on every individual who receives substance abuse treatment paid by public funds. Treatment providers shall report admission and discharge data, as determined by the department, with a final annual report due no later than sixty days after the close of the fiscal year, which shall include: (1) An accurate count of all admissions and discharges during the reporting period; (2) An unduplicated count of individuals served by each treatment provider; (3) Demographic data on each individual as determined by the department, which may include age, race, ethnicity, employment status, source of payment, source of referral to treatment, length of treatment, and the primary substance for which treatment was sought; (4) Data on the number of individuals who were discharged due to successful completion of treatment and the reasons individuals withdrew from treatment during the reporting period; (5) Six-month follow-up data on persons who were discharged due to successful completion of treatment, reporting on criteria for measurement of successful treatment as determined by the department; and (6) Any other information deemed relevant by the department to assess the effectiveness of treatment on each individual. (b) The department shall establish criteria to measure the success of treatment for individuals and establish criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse. The department shall include in the contract with the treatment provider all criteria to determine whether the treatment provider is achieving success in treating individuals with substance abuse. (c) The department shall include the information under subsection (a) as part of the annual report to the legislature under section 321-195. (d) This section shall not be construed to abrogate an individual's right to privacy. The department shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section. [L 2004, c 40, §24]

HRS §321-193 Duties and responsibilities of department

321-193. Duties and responsibilities of department The department shall: (1) Coordinate all substance abuse programs including rehabilitation, treatment, education, research, and prevention activities. (2) Prepare, administer, and supervise the implementation of a state plan for substance abuse which may consist of a plan for alcohol abuse prevention and a plan for drug abuse prevention. (3) Identify all funds, programs, and resources available in the State, public and private, and from the federal government which are being used or may be used to support substance abuse prevention, rehabilitation, treatment, education, and research activities. (4) Be the designated agency required by, and receive and administer all available substance abuse funds including but not limited to funds received from, the federal government under Public Law 92-255, Public Law 91-616, Public Law 91-211, and Title IVA and XVI of the Social Security Act or other subsequent Acts of Congress which may amend or succeed such Acts. (5) Encourage and coordinate the involvement of private and public agencies in the assessment of substance abuse problems, needs, and resources. (6) Coordinate the delivery of available funding to public and private agencies for program implementation. (7) Establish mechanisms and procedures for receiving and evaluating program proposals, providing technical assistance, monitoring programs and securing necessary information from public and private agencies for the purposes of planning, management, and evaluation. (8) Review the state plan for substance abuse annually for the purpose of evaluation and make necessary amendments to conform with the requirements of federal or state laws. (9) Do all things necessary to effectuate the purposes of this part. (10) Certify program administrators, counselors and accredit programs related to substance abuse programs in accordance with rules to be promulgated by the department. [L 1975, c 190, pt of §2; am L 1977, c 108, §1]

HRS §321-193.5 Interagency coordination

321-193.5. Interagency coordination (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agencies assigned oversight responsibilities for offender substance abuse treatment by law or administrative order, shall establish a coordinating body through an interagency cooperative agreement to oversee the development and implementation of offender substance abuse treatment programs in the State to ensure compliance with the intent of the master plan developed under chapter 353G. The coordinating body shall also include a representative from a community based prisoner advocacy group and a substance abuse treatment provider selected by the director of health, and an ex-offender selected by the director of public safety subject to the approval of the chairperson of the Hawaii paroling authority and the chief justice. The coordinating body shall meet not less than quarterly in a meeting subject to chapter 92. The interagency cooperative agreement shall set forth the role of the coordinating body and the responsibilities of each agency that is a party to the agreement. (a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of corrections and rehabilitation, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agencies assigned oversight responsibilities for offender substance abuse treatment by law or administrative order, shall establish a coordinating body through an interagency cooperative agreement to oversee the development and implementation of offender substance abuse treatment programs in the State to ensure compliance with the intent of the master plan developed under chapter 353G. The coordinating body shall also include a representative from a community based prisoner advocacy group and a substance abuse treatment provider selected by the director of health, and an ex-offender selected by the director of corrections and rehabilitation subject to the approval of the chairperson of the Hawaii paroling authority and the chief justice. The coordinating body shall meet not less than quarterly in a meeting subject to chapter 92. The interagency cooperative agreement shall set forth the role of the coordinating body and the responsibilities of each agency that is a party to the agreement. (b) The department of health shall be the lead agency for interagency coordination of substance abuse treatment. As the lead agency, the department shall act as facilitator of and provide administrative support to the coordinating body. (c) Notwithstanding any other provision to the contrary, any agency that is part of the interagency cooperative agreement shall provide, upon the request of any other participating agency, all medical, psychological, or mental health records of any offender receiving supervision or treatment while under custody of the State. Any participating agency receiving such records of any offender receiving supervision or treatment while under custody of the State, shall keep that information confidential in accordance with the requirements of 42 United States Code section 290dd-2. [L 2002, c 161, §2; am L 2022, c 278, §29]

HRS §321-193.7 Clean and sober homes registry

321-193.7. Clean and sober homes registry (a) The department shall establish a voluntary clean and sober homes registry to assist persons recovering from substance abuse to have a safe, clean, and sober environment that supports their recovery. The department shall establish procedures and standards by which homes will be allowed to be listed on the registry, including but not limited to: (1) Organizational and administrative standards; (2) Fiscal management standards; (3) Operation standards; (4) Recovery support standards; (5) Property standards; and (6) Good neighbor standards. (b) Upon review and approval of a home operator's application, the department shall issue a certificate of registration that shall specify: (1) The name of the holder of the registration; (2) The address to which the registration applies; (3) The maximum number of persons to reside in the home; and (4) The period for which the registration shall be valid. An owner, operator, or landlord shall not hold the property out to be or advertise to be a "registered clean and sober home" unless the home is registered and in good standing with the clean and sober homes registry. (c) The certificate of registration shall be publicly displayed at the home. (d) The certificate of registration shall not be transferred to a new owner or operator, or to an address other than as specified on the certificate of registration. (e) Nothing in this section shall relieve a certificate holder from compliance with other pertinent statutory provisions, nor shall a certificate holder be relieved from compliance with other applicable provisions of federal, state, or county laws, ordinances, or rules. (f) The department may revoke the certificate of registration if a home ceases to meet established standards or any other applicable federal, state, or county law, ordinance, or rule. (g) The department may immediately revoke a certificate of registration if there are reasonable grounds to believe that the continued operation of the home presents an immediate danger to residents of the home or the general public. (h) Any revocation of the certificate of registration shall be made in writing to the certificate holder. (i) The department shall maintain a listing of all registered clean and sober homes on its website. (j) The department shall establish a toll-free telephone number to receive complaints regarding clean and sober homes. The department and pertinent county agencies shall work together to resolve problems and complaints received by either the State or counties regarding clean and sober homes. The department shall educate the public on: (1) Clean and sober homes; (2) The department's registry of clean and sober homes; (3) State and county procedures pertaining to clean and sober homes; and (4) Contact information and procedures for inquiries and complaints related to clean and sober homes. (k) This section shall not be construed to abrogate an individual's right to privacy. Unless otherwise provided by law, the department shall implement sufficient protections to ensure that the identity of a clean and sober home resident remains confidential and that information collected pursuant to this section is used solely for the purposes of this section. (l) The department shall adopt rules under chapter 91 as necessary to carry out the purposes of this section. [L 2014, c 193, §3; am L 2022, c 155, §1]

HRS §321-194 State advisory commission

321-194. State advisory commission The state advisory commission on drug abuse and controlled substances established in section 329-2 shall advise the director on all matters relating to substance abuse including but not limited to the preparation of the state plan for substance abuse. In addition, the advisory commission shall perform such duties and assume such responsibilities as required by federal law for the purpose of receiving federal funding. [L 1975, c 190, pt of §2]

HRS §321-195 Annual report to the legislature

321-195. Annual report to the legislature The department shall submit an annual report to the legislature detailing its progress in the implementation of the state plan for substance abuse. The report shall be submitted twenty days before the beginning of each regular session of the legislature. Note Other annual reporting requirements. L 2004, c 40, §29. [L 1975, c 190, pt of §2]

HRS §321-196 Rules

321-196. Rules The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this part. L 1975, c 190, pt of §2

HRS §321-197 Personnel

321-197. Personnel The director of health may hire such necessary personnel to carry out the purposes of this part in accordance with chapter 76. L 1975, c 190, pt of §2; am L 2000, c 253, §150

HRS §321-198 State funding of substance abuse agencies

321-198. State funding of substance abuse agencies Certification of a private substance abuse agency pursuant to section 321-193(10), shall be a necessary prerequisite to that substance abuse agency receiving any state funding. This section shall take effect on December 31, 1979. [L 1977, c 108, §2; am L 1978, c 68, §1]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0321/HRS_0321-.htmFetched: 11/10/2026