HANSEN'S DISEASE

HRS div. 1, tit. 19, ch. 326

in effect

HRS §326-1 Establishment of facilities for the treatment and care of persons with Hansen's disease

326-1. Establishment of facilities for the treatment and care of persons with Hansen's disease The department of health, subject to the approval of the governor, shall establish and maintain facilities and services as are necessary for the care and treatment of persons with Hansen's disease and persons who were institutionalized for segregation by order of the department of health because of Hansen's disease. Every such facility or service provider shall exercise every reasonable effort to effect a cure of those persons. All such persons shall be cared for as well as circumstances will permit, in accordance with accepted medical practices. Every patient shall be encouraged to take complete treatment so that prompt recovery can be attained. Isolation and treatment shall be compulsory only in those cases where, in the opinion of the department, that treatment is necessary to protect the health of the public, and the department may take such measures as may be necessary to enforce this section, including the adoption of rules pursuant to chapter 91. [L 1909, c 81, §1; RL 1925, §1183; am L 1931, c 139, §5; am imp L 1933, c 118, §2; RL 1935, §1140; RL 1945, §2401; am L 1949, c 53, §1; am L 1951, c 157, §1; am L 1953, JR 41, §5; RL 1955, §50-1; am L Sp 1959 2d, c 1, §19; HRS §326-1; am L 1969, c 152, §2; am L 1981, c 185, §3; am L 1985, c 250, §2; am L 1992, c 156, §3]

HRS §326-1.3 Liberty, autonomy, and dignity of patient residents

326-1.3. Liberty, autonomy, and dignity of patient residents (a) In recognition of the disruptions and hardships experienced over the course of their lives by former Hansen's disease patients residing at Kalaupapa, the legislature declares its intent to ensure that all residents at Kalaupapa are treated with dignity, respect, courtesy, and sensitivity and that the protections extended by this chapter to the patient residents at Kalaupapa are honored and upheld by the department of health to the extent possible within their purview. (b) Notwithstanding any other law to the contrary, the department of health shall promote and protect the personal liberty, autonomy, and dignity of all patient residents at Kalaupapa. [L 2005, c 37, §1]

HRS §326-1.5 Patients living in the community; policy on services

326-1.5. Patients living in the community; policy on services It is the policy of the State that all persons who were institutionalized for segregation by order of the department of health because of Hansen's disease and who live in the community shall be accorded adequate health care and other medical treatment and services for the remainder of their lives as provided under sections 326-1 and 326-13, as long as they reside in the State; provided that the department of health shall be the payor of last resort for medical treatment and services not related to the treatment and care of Hansen's disease. [L 1992, c 156, §2]

HRS §326-2 Equal treatment of patients

326-2. Equal treatment of patients Every Hansen's disease sufferer at Hale Mohalu and Kalaupapa shall be accorded as nearly equal care and privileges as is practicable under the different operating conditions of the two institutions. [L 1953, JR 41, §7; RL 1955, §50-2; HRS §326-2; am L 1969, c 152, §1; am L 1981, c 185, §4]

HRS §326-4 Officers and employees; sickness and accident; expense

326-4. Officers and employees; sickness and accident; expense In case any officer or employee of the department of health becomes ill or is injured at the facility at Kalaupapa and, in the opinion of the physician of the facility, or in the absence of the physician an authorized agent of the department of health, suitable medical, hospital, nursing, or other services or facilities are not available there, the department shall incur and pay the reasonable and necessary expenses of removing and transporting the officer or employee to and from a place within the State where suitable hospital facilities or treatment can be secured. [L 1941, c 108, §1; RL 1945, §2405; RL 1955, §50-6; am L Sp 1959 2d, c 1, §19; HRS §326-4; am L 1968, c 63, §2; am L 1969, c 105, §1; am L 1985, c 250, §4]

HRS §326-11 Voluntary transfer to and from Kalaupapa

326-11. Voluntary transfer to and from Kalaupapa Any person undergoing treatment and receiving care for Hansen's disease at Hale Mohalu on June 30, 1969, may be transferred to Kalaupapa for care and treatment if the person desires. Any person who may undergo treatment and receive care for Hansen's disease at Hale Mohalu after June 30, 1969, may apply to the director of health for transfer to Kalaupapa. Any person undergoing treatment and receiving care for Hansen's disease at Kalaupapa may be transferred to Hale Mohalu for care and treatment if the person desires. A person transferred may be retransferred to Kalaupapa if the person desires. [L 1953, JR 41, §1; RL 1955, §50-13; am L Sp 1959 2d, c 1, §19; HRS §326-11; am L 1969, c 152, §4; am L 1981, c 185, §8; am L 1985, c 250, §6]

HRS §326-23 Pensions for patient employees at facilities

326-23. Pensions for patient employees at facilities (a) All patient employees or patient laborers at every facility maintained for the treatment and care of persons with Hansen's disease shall be entitled, upon retirement after twenty years or more service with the department of health, to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the monthly wage or salary which the patient was receiving at the time of retirement, or to a pension in an amount which shall be equal to sixty-six and two-thirds per cent of the average monthly wage or salary which the patient employee was receiving during the last twelve months of employment at the department of health, whichever is higher. For the period from July 1, 2007, to June 30, 2008, the pension amounts shall be adjusted as follows: (1) Retired patient employees receiving less than $4,000 annually shall be granted a five per cent increase; (2) Retired patient employees receiving $4,000 or more but less than $5,000 annually shall be granted a four per cent increase; and (3) Retired patient employees receiving $5,000 or more annually shall be granted a 2.5 per cent increase. For the period from July 1, 2008, to June 30, 2009, all retired patient employees shall be granted a 2.5 per cent increase. Thereafter, the pension amounts shall remain as adjusted effective for the period ending June 30, 2009. (b) Patient employees may use service with any state department or agency not exceeding five years which has not been credited under the state retirement system in lieu of service with a facility maintained for the treatment and care of persons with Hansen's disease to satisfy the requirements of subsection (a); provided that the service shall be authenticated by official records of the department where service was performed. (c) When work is available at Kalaupapa which may be fulfilled by patient residents of the facility under section 326-21 and there are no applicants for those positions from among the eligible patients, pensioned patients who are in residence at Kalaupapa may be reemployed, not to exceed nineteen hours per week, without relinquishing the pension granted to them under this section. Furthermore, notwithstanding any other law relating to this subject, that reemployment shall not result in suspension or termination of payment of the pension granted originally or serve to increase, decrease, or alter the pension in any way. [L 1945, c 229, §1; am L 1949, c 53, §16; am L 1951, c 157, §12; RL 1955, §50-25; am L 1957, c 57, §1; am L Sp 1959 2d, c 1, §19; HRS §326-23; am L 1970, c 43, §1; am L 1979, c 18, §1; am L 1981, c 185, §11; am L 1985, c 250, §9; am L 1992, c 156, §6; am L 2008, c 49, §1]

HRS §326-25.5 Annual report

326-25.5. Annual report The department of health shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that addresses the following with regard to Kalaupapa Settlement: (1) The department's provision of medical and basic living needs of the patients; (2) The department's progress toward defining and addressing the nonmedical needs of patients; (3) The department's progress toward promoting a positive living environment; (4) The department's management of state resources, including benefits given to employees that are not statutorily defined; (5) The department's progress toward establishing written policies and procedures for Kalaupapa store; (6) The department's progress toward establishing and maintaining a complaint file and adequately addressing complaints; (7) The performance of the administrator, including compliance with job duties; (8) The department's progress toward adequate accountability of state property; and (9) Details and justification of approved employee air travel requests and trail pay. [L 2004, c 232, §2]

HRS §326-26 Persons allowed at places for Hansen's disease patients

326-26. Persons allowed at places for Hansen's disease patients (a) No person, not having Hansen's disease, shall be allowed to visit or remain upon any land, place, or inclosure set apart by the department of health for the domiciles and community facilities of persons affected with Hansen's disease, without the written permission of the director of health, or some officer authorized thereto by the department, under any circumstances whatever, and any person found upon such land, place, or inclosure without a written permission shall be fined not less than $10 nor more than $100 for such offense; provided that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as the person may choose, regardless of whether the person has been successfully treated. (b) Notwithstanding subsection (a), upon the request of a patient, the non-patient-spouse of a patient residing at Kalaupapa shall be allowed to reside with the patient-spouse at Kalaupapa. The non-patient-spouse shall not be entitled to receive any services or benefits accorded specifically to Hansen's disease patients at Kalaupapa. [L 1870, c 33, pt of §1; am L 1903, c 8, §2; RL 1925, §1201; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1164; RL 1945, §2427; am L 1949, c 53, §19; RL 1955, §50-28; am L Sp 1959 2d, c 1, §19; HRS §326-26; am L 1969, c 152, §1; am L 1977, c 25, §3; am L 1981, c 185, §13; am L 1982, c 147, §16; am L 1985, c 250, §11; am L 1996, c 2, §1]

HRS §326-27 Kalaupapa store; loans for operation and maintenance

326-27. Kalaupapa store; loans for operation and maintenance (a) All moneys to enable the department of health to operate and maintain the Kalaupapa store, situated in Kalaupapa, Molokai, shall be allocated by the legislature through appropriations out of the state general fund. (b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section. (c) All moneys received in reimbursement of payments made under this section shall be deposited to the credit of the state general fund. [L 1915, c 15, §1; RL 1925, §1202; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1165; RL 1945, §2428; RL 1955, §50-29; am L Sp 1959 2d, c 1, §19; HRS §326-27; am L 1993, c 280, §38]

HRS §326-28 Kalaupapa store prices; penalty

326-28. Kalaupapa store prices; penalty It shall be unlawful for the department of health or its agents to sell or offer for sale any merchandise at the Kalaupapa store at prices exceeding the actual cost thereof, free on board steamer or any other means of transportation at Honolulu. Any person violating this section shall be fined $25 and in addition thereto shall, in the discretion of the department, be subject to removal from office. [L 1927, c 245, §§1, 2; am imp L 1931, c 139, §5; am imp L 1933, c 118, §1; RL 1935, §1166; RL 1945, §2429; am L 1949, c 80, §1(4); RL 1955, §50-30; am L Sp 1959 2d, c 1, §19; HRS §326-28]

HRS §326-30 Making or taking of pictures without permission prohibited

326-30. Making or taking of pictures without permission prohibited (a) No person shall photograph, film, or videotape any patient at any facility maintained by the department of health for the care and treatment of persons with Hansen's disease, without the written permission of the patient. (b) Any person violating this section shall be fined not more than $1,000 per incident. [L 1923, c 78, §§1, 2; RL 1925, §1203; am L 1925, c 98, §1; am L 1931, c 139, §5; am L 1933, c 118, §1; RL 1935, §1167; RL 1945, §2430; am L 1949, c 80, §1(5); am L 1951, c 157, §14; RL 1955, §50-31; HRS §326-30; am L 1969, c 152, §7; am L 1981, c 185, §15; am L 1985, c 250, §13; am L 1992, c 156, §7]

HRS §326-33 Damien Memorial Chapel

326-33. Damien Memorial Chapel The Father Damien Memorial Chapel at Kalawao, Molokai, and the premises and graveyard thereof are hereby declared to be a public memorial to Father Damien. L 1935, c 38, §1; RL 1945, §2437; RL 1955, §50-34; HRS §326-33

HRS §326-34 County of Kalawao; governance

326-34. County of Kalawao; governance (a) The county of Kalawao shall consist of that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the Kalaupapa Settlement, and shall not be or form a portion of the county of Maui, but is constituted a county by itself. As a county it shall have only the powers especially conferred and given by sections 326-34 to 326-38 and, except as provided in those sections, none of the provisions of the Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall be applicable to the county of Kalawao. (b) The county of Kalawao shall be under the jurisdiction and control of the department of health and be governed by the laws, and rules relating to the department and the care and treatment of persons affected with Hansen's disease, except as otherwise provided by law. [L 1905, c 39, §2; RL 1925, §1577; am L 1931, c 138, §1; am imp L 1933, c 118, §§1, 2; RL 1935, §2928; RL 1945, §2438; am L 1949, c 53, §26; am L 1951, c 157, §15; RL 1955, §50-35; am L Sp 1959 2d, c 1, §19; HRS §326-34; am L 1969, c 152, §8; am L 1981, c 185, §16; am L 1988, c 263, §10]

HRS §326-35 Sheriff, appointment, removal

326-35. Sheriff, appointment, removal There shall be no county officer in the county other than a sheriff, who shall be a patient resident of and be appointed in the county by the department of health and who shall hold office at the pleasure of the department or until a successor is appointed by the department. When a qualified patient resident is not available, the department may appoint a staff employee or other qualified person to serve as sheriff. [L 1905, c 39, §3; am L 1911, c 134, §1; RL 1925, §1578; am L 1931, c 138, §1; am imp L 1933, c 118, §§1, 2; RL 1935, §2929; RL 1945, §2439; am L 1951, c 157, §16; RL 1955, §50-36; am L Sp 1959 2d, c 1, §19; HRS §326-35; am L 1985, c 250, §14; am L 1989, c 97, §1 and c 211, §10; am L 1990, c 281, §11]

HRS §326-36 Sheriff, salary

326-36. Sheriff, salary The salary of the sheriff shall be fixed and paid by the department of health out of the appropriation allowed by the legislature for the care and treatment of persons affected with Hansen's disease. [L 1905, c 39, §4; RL 1925, §1579; am L 1931, c 138, §1; am imp L 1933, c 118, §§1, 2; RL 1935, §2930; RL 1945, §2440; am L 1949, c 53, §27; am L 1951, c 157, §17; RL 1955, §50-37; am L Sp 1959 2d, c 1, §19; HRS §326-36; am L 1969, c 152, §9; am L 1981, c 185, §17; am L 1985, c 250, §15; am L 1989, c 97, §2 and c 211, §10; am L 1990, c 281, §11]

HRS §326-38 Sheriff, powers

326-38. Sheriff, powers The sheriff may appoint and dismiss and reappoint as many police officers as may be authorized by the department of health for the county. Patient residents, for the services rendered as police officers, shall receive pay as the department determines and which pay shall be taken out of and from the appropriation made by the legislature for the care and treatment of persons affected with Hansen's disease. The sheriff shall have other powers and duties within the county of Kalawao and appropriate thereto as are prescribed by law for the chiefs of police or police officers of the several counties respectively. [L 1905, c 39, §6; RL 1925, §1581; am L 1931, c 138, §1; am imp L 1933, c 118, §§1, 2; RL 1935, §2932; RL 1945, §2442; am L 1949, c 53, §28 and c 80, §1(7); am L 1951, c 157, §18; RL 1955, §50-39; am L Sp 1959 2d, c 1, §19; HRS §326-38; am L 1969, c 152, §10; am L 1977, c 191, §2; am L 1981, c 185, §18; am L 1985, c 250, §16; am L 1989, c 211, §10; am L 1990, c 281, §11]

HRS §326-39 Penalty

326-39. Penalty Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor. Except as herein otherwise provided, the punishment therefor shall be the same as provided by section 321-18. [L 1951, c 157, §19; RL 1955, §59-40; am L Sp 1959 2d, c 1, §19; HRS §326-39]

HRS §326-40 Kalaupapa; policy on residency

326-40. Kalaupapa; policy on residency The legislature finds that Hawaii's Hansen's disease victims have in many ways symbolized the plight of those afflicted with this disease throughout the world. Their sufferings and social deprivations helped eventually to bring the story of the disease and an understanding of its health ravages to people everywhere. Those patients who settled in Kalaupapa remain a living memorial to a long history of tragic separation, readjustment, and endurance. It is the policy of the State that the patient residents of Kalaupapa shall be accorded adequate health care and other services for the remainder of their lives. Furthermore, it is the policy of the State that any patient resident of Kalaupapa desiring to remain at the facility shall be permitted to do so for as long as that patient may choose, regardless of whether or not the patient has been successfully treated. A patient resident of Kalaupapa desiring to take leave may do so without loss of financial allowance or coverage of health care costs given those who remain at Kalaupapa. [L 1977, c 25, §2; am L 1981, c 185, §19; am L 1985, c 250, §17; am L 1992, c 156, §8]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0326/HRS_0326-.htmFetched: 11/10/2026