Nineteenth Proclamation Related to the COVID-19 Emergency (Office of the Governor, State of Hawai‘i, April 9, 2021)
Summary
Governor David Y. Ige's Nineteenth Proclamation Related to the COVID-19 Emergency, done at the State Capitol on April 9, 2021, extends the disaster emergency relief period in Hawai‘i through June 8, 2021. It recites the earlier proclamations, beginning with the March 4, 2020 declaration of a state of emergency, and says that as of April 9, 2021 the State had more than 30,570 documented cases of COVID-19 and 470 deaths. It keeps a quarantine for travelers entering the State, with exceptions for those who upload a negative test result from a Trusted Testing Partner into the State's Safe Travels program, and a vaccination exception that was not yet available. Attached rules cover face coverings.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
OFFICE OF THE GOVERNOR
STATE OF HAWAI‘I
NINETEENTH PROCLAMATION
RELATED TO THE COVID-19 EMERGENCY
By the authority vested in me by the Constitution and laws of the State of
Hawai‘i, to provide relief for disaster damages, losses, and suffering, and to
protect the health, safety, and welfare of the people, I, DAVID Y. IGE, Governor
of the State of Hawai‘i, hereby determine, designate and proclaim as follows:
WHEREAS, I issued on March 4, 2020, a Proclamation declaring a state
of emergency to support ongoing State and county responses to COVID-19; on
March 16, 2020, a Supplementary Proclamation suspending certain laws to
enable State and county responses to COVID-19; on March 21, 2020, a Second
Supplementary Proclamation and Rules Relating to COVID-19 implementing a
mandatory self-quarantine for all persons entering the State; on March 23, 2020,
a Third Supplementary Proclamation to mandate and effectuate physical
distancing measures throughout the State; on March 31, 2020, a Fourth
Supplementary Proclamation implementing a mandatory self-quarantine for all
persons traveling between any of the islands in the State; and on April 16, 2020,
a Fifth Supplementary Proclamation implementing enhanced safe practices
and an eviction moratorium; on April 25, 2020, a Sixth Supplementary
Proclamation amending and restating all prior proclamations and executive
orders related to the COVID-19 emergency; on May 5, 2020, a Seventh
Supplementary Proclamation related to the COVID-19 Emergency; on May 18,
2020, an Eighth Supplementary Proclamation related to the COVID-19
Emergency; on June 10, 2020, a Ninth Supplementary Proclamation related to
the COVID-19 Emergency; on July 17, 2020, a Tenth Proclamation related to
the COVID-19 Emergency; on August 6, 2020, an Eleventh Proclamation
related to the COVID-19 Emergency Interisland Travel Quarantine; on August 20,
2020, a Twelfth Proclamation related to the COVID-19 Emergency; on
September 22, 2020, a Thirteenth Proclamation related to the COVID-19
Emergency; on October 13, 2020, a Fourteenth Proclamation related to the
COVID-19 Emergency; on November 16, 2020, a Fifteenth Proclamation
related to the COVID-19 Emergency; a Sixteenth Proclamation related to the
COVID-19 Emergency on November 23, 2020; a Seventeenth Proclamation
related to the COVID-19 Emergency on December 16, 2020; an Eighteenth
Proclamation related to the COVID-19 Emergency on February 12, 2021;
WHEREAS, as of April 9, 2021, the recorded number of cases and deaths
has continued to increase, with more than 30,570 documented cases of COVID-
19 in the State and 470 deaths attributed to this disease;
WHEREAS, COVID-19 continues to endanger the health, safety, and
welfare of the people of Hawai‘i and a response requires the serious attention,
effort, and sacrifice of all people in the State to avert unmanageable strains on
our healthcare system and other catastrophic impacts to the State;
WHEREAS, COVID-19 has directly and indirectly caused fiscal and
economic catastrophe not previously experienced by the State;
NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i,
hereby authorize and invoke the following as set forth herein:
I. Statewide Coordination…………………………………….………………… [ 4 ]
II. Invocation of Laws……………………………………………………………..[ 4 ]
III. Act with Care Order….…………………......................................................[ 5 ]
A. Work in Businesses or Operations
B. Safe Practices
C. Hotels
D. Force and Effect of Law
IV. Travel to the State……………………………………..………………….........[ 6 ]
A. Health Screening for Travelers to the State
B. Self-Quarantine for Travelers to the State
C. Host Responsibility
D. Prohibition on Renting Vehicles
E. Car Sharing Services Responsibility
F. Enhanced Movement Quarantine
G. Force and Effect of Law
V. Quarantine for Travel Between Counties………………………………....[ 12 ]
VI. Suspension of Laws…………………………………………………………..[ 14 ]
A. Session Laws
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B. Division 1. Government
C. Division 2. Business
D. Division 3. Property; Family
E. Division 4. Courts and Judicial Proceedings
F. Division 5. Crimes and Criminal Proceedings
VII. Severability……………………………………………………………..…..[ 34 ]
VIII. Enforcement……………………………………………………………..…[ 34 ]
Exhibit A. Rules Relating to Immunities for Health Care Practices
(amended)
Exhibit B. Rules Relating to COVID-19 Screening Process and Travel Self-
Quarantine (amended)
Exhibit C. Rules Relating to Child Care Services Under Chapter 17-798.2,
Hawaii Administrative Rules
Exhibit D. Rules Relating to Notaries Public
Exhibit E. Rules Relating to Sunshine Law and Uniform Information
Practices Act
Exhibit F. Rules Relating to Safety Guidelines for Barbers and Beauty
Operators (amended)
Exhibit G. Rules Relating to Mortuaries, Cemeteries, Embalmers,
Undertakers and Mortuary Authorities
Exhibit H. Rules Relating to State Civil Identification Card (amended)
Exhibit I. Statewide Face Covering Requirement
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I. Statewide Coordination
For the purposes of this COVID-19 emergency only, I hereby invoke
section 127A-13(a)(5), Hawaii Revised Statutes (HRS), as it is my opinion that it
is necessary to coordinate emergency management functions. Accordingly, I
direct all counties to obtain my approval, or the approval of the Director of Hawaii
Emergency Management Agency (HIEMA), prior to issuing any emergency order,
rule, or proclamation. I further suspend sections 127A-14(b) and 127A-25, HRS,
to the limited extent necessary to ensure statewide coordination.
This Nineteenth Proclamation (Proclamation) does not apply to the United
States government.
II. Invocation of Laws
The following emergency provisions are expressly invoked, if not already
in effect upon declaration of an emergency on March 4, 2020:
Sections 127A-12(a)(5), 127A-13(a)(6), and 127A-13(a)(7), HRS, directing
the Director of HIEMA and the administrators of each county emergency
management agency to take appropriate actions to direct or control, as may be
necessary for emergency management.
Section 127A-12(b)(13), HRS, requiring each public utility, or any person
owning, controlling, or operating a critical infrastructure, to protect and safeguard
its or the person’s property, or to provide for the protection and safeguarding
thereof, and provide for the protection and safeguarding of all critical
infrastructure and key resources; provided that without prejudice to the generality
of the foregoing two clauses, the protecting or safeguarding may include the
regulation or prohibition of public entry thereon, or the permission of the entry
upon terms and conditions as I may prescribe.
Section 127A-12(b)(16), HRS, directing all state agencies and officers to
cooperate with and extend their services, materials, and facilities as may be
required to assist in emergency response efforts.
Section 127A-13(a)(8), HRS, preventing the hoarding, waste, or
destruction of materials, supplies, commodities, accommodations, facilities, and
services to effectuate equitable distribution thereof, or to establish priorities
therein; to investigate; and notwithstanding any other law to the contrary, to
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regulate or prohibit, by means of licensing, rationing, or otherwise, the storage,
transportation, use, possession, maintenance, furnishing, sale, or distribution
thereof, and any business or any transaction related thereto.
Section 127A-16, HRS, activating the Major Disaster Fund.
Section 127A-30, HRS, inasmuch as such section automatically went into
effect upon declaration of an emergency on March 4, 2020.
Rules Relating to Immunities for Health Care Practices, as set forth in
Exhibit A attached hereto.
III. Act with Care
A. Work in Businesses or Operations
Pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and
127A-13(a)(7), HRS, the following businesses or operations may operate during
this emergency: businesses or operations that are part of the federal critical
infrastructure sectors identified by the U.S. Cybersecurity & Infrastructure
Security Agency, including work to support the 2020 Census, as well as the
businesses or operations operating in each county in accordance with the State’s
Reopening Strategy for Businesses & Operations. Businesses include for-profit,
non-profit, or educational entities, regardless of the nature of the service, the
function they perform, or their corporate or entity structure.
B. Safe Practices
All persons in the State shall wear a face covering over their nose and
mouth when in public. The requirements of this statewide mask mandate are set
forth in Exhibit I, which shall be enforced in each county.
All persons shall comply with applicable safety, hygiene and physical
distancing guidance from the Centers for Disease Control and Prevention (CDC)
as well as with State, county, industry and regulatory practices for safety,
hygiene and physical distancing, including standards and requirements adopted
and issued by Hawaii Department of Health (DOH).
C. Hotels
All hotel operators in the State shall adopt a COVID-19 Health and Safety
Plan for each property they operate while this Proclamation is in effect. A hotel
property’s COVID-19 Health and Safety Plan shall identify the measures the
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operator has enacted in response to the COVID-19 pandemic and what guests,
customers, invitees, employees, contractors, vendors and other persons who
enter the property’s premises may expect in terms of service, accommodations
and required safety protocols. A hotel property’s COVID-19 Health and Safety
Plan shall address all applicable guidance from the CDC and it shall be the
responsibility of the hotel operator of each property to accommodate guests who
become positive for COVID-19 or are identified as close contacts of a person
who is positive for COVID-19, either by accommodating these guests at the
property or by securing alternative accommodations. All hotel operators shall
publish the COVID-19 Health and Safety Plans of each property they operate,
including by making it available on their websites and by submitting it to the
Hawaii Tourism Authority for posting on its website.
D. Force and Effect of Law
Pursuant to section 127A-25, HRS, all provisions set forth in Section III of
this Proclamation are hereby adopted as rules that shall have the force and effect
of law. In the event of any inconsistency, conflict or ambiguity between this
Proclamation and any county emergency order, rule, directive or proclamation,
the relevant documents shall be read to allow a county maximum flexibility to
exercise its respective emergency management authority.
Pursuant to section 127A-29, HRS, any person who intentionally,
knowingly or recklessly engages in conduct that violates any provision set forth in
this Section III of this Proclamation shall be guilty of a misdemeanor, and upon
conviction, the person shall be fined not more than $5,000, or imprisoned not
more than one year, or both.
IV. Travel to the State
A. Health Screening for Travelers to the State
Pursuant to section 127A-11, HRS, all persons entering the State of
Hawai‘i shall submit to the mandatory screening process and complete the
mandatory documentation identified in the Rules Relating to COVID-19
Screening Process and Travel Self-Quarantine, attached hereto as Exhibit B and
hereinafter referred to as the “Travel Rules,” and must comply with all applicable
State and county rules, directives, and orders related to travelers.
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B. Self-Quarantine for Travelers to the State
Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of
Hawai‘i shall be subject to mandatory self-quarantine as provided in the Travel
Rules. The period of self-quarantine shall begin from the day of entry into the
State and shall last 10 days or the duration of the person’s presence in the State,
whichever is shorter. Persons who require paid or commercial lodging while
subject to the mandatory self-quarantine shall not designate as their quarantine
location a short-term rental, as defined by the applicable ordinances in each
county, or as mandated by county order, rule or directive. Where a county rule,
directive or order prohibits intended residents from residing in a short-term rental,
as defined by the applicable county ordinances, all intended residents of that
county must designate a hotel or motel as their quarantine location. The self-
quarantine mandated in the Travel Rules, or any waiver or exemption therefrom,
does not affect or in any way impede or supersede the authority of CDC, or DOH
pursuant to sections 321-1 and 325-8, HRS, to require persons to quarantine if
they test positive for COVID-19 or if they are a close contact of a person
confirmed positive for COVID-19, regardless of whether a negative test result
was subsequently obtained.
1. Self-Quarantine Exemptions
Persons entering the State to perform critical infrastructure functions as
identified in Section III.A of this Proclamation shall be subject to self-quarantine
but may obtain a limited exemption to break self-quarantine when performing
their critical infrastructure functions. Persons seeking such an exemption should
visit travelexemption.hawaii.gov. If granted an exemption, persons shall comply
with all conditions and requirements set forth in the limited exemption, including
any required testing protocols, and be subject to all quarantine restrictions when
not performing their critical infrastructure work or engaging in the activity
expressly exempted. Only persons who have an exemption from the State may
temporarily break self-quarantine and only for the purposes identified in the
written exemption. An exemption shall be void if the person subject to the
exemption fails to wear appropriate protective gear and to follow the Safe
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Practices in Section III.B of this Proclamation while engaged in the activities
identified in the written exemption.
Persons who previously tested positive for COVID-19 but are no longer at
risk of infecting others also may obtain an exemption allowing them to break
quarantine. The conditions under which a person qualifies for this exemption
shall be set forth by DOH, whose guidance on this type of exemption is subject to
change. Persons who qualify for this exemption also shall be exempt from any
intercounty quarantine for 10 days following their arrival in the State.
An exemption from the State does not require businesses or operations to
recognize the exemption from this travel self-quarantine period. In addition, an
exemption from the State does not affect or in any way impede or supersede the
authority of DOH to require persons to quarantine pursuant to sections 321-1 and
325-8, HRS.
2. Self-Quarantine Exceptions
The following persons entering the State shall not be subject to self-
quarantine: (1) persons who enter by recreational boats into the State’s small
boat (non-commercial) harbors which have been at sea for at least 10
consecutive days before entering State waters and have no persons on board
who are ill or are exhibiting symptoms of COVID-19; (2) persons who, prior to
departure to the State, upload into the State’s Safe Travels program or otherwise
provide dated confirmation received by the traveler prior to departure from a
DOH approved COVID-19 testing facility (“Trusted Testing Partner”) of a negative
test result, using a DOH-approved form, from an observed test administered to
the traveler within 72 hours from the final leg of departure; or (3) upon the
establishment of an exception by the Director of HIEMA, persons who, prior to
departure to the State, upload into the State’s Safe Travels program or otherwise
provide validation that they have completed a vaccine regimen approved by
DOH. This third exception is not available as of the date of this Proclamation,
requires action by the Director of HIEMA and details will be posted at
https://hawaiicovid19.com/. Persons under the age of five accompanied by a
traveler who meets existing test exceptions are not required to obtain a test prior
to arrival.
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A county may require travelers five years and older to obtain a subsequent
test after arrival into the State, which test shall be paid for and administered by
the county at a county-designated site. Persons who arrive into a county that
requires a subsequent test do not need to self-quarantine prior to obtaining the
subsequent test. A county requiring travelers to obtain this subsequent test shall
integrate the test protocol into the State’s Safe Travels program and implement it
through county emergency orders, rules or proclamations approved in
accordance with Section I of this Proclamation.
C. Host Responsibility
All hosts of any guest(s) within the State of Hawai‘i shall be responsible for
ensuring their guest(s) abide by the mandatory self-quarantine set forth in
Sections IV.A and B above. A commercial lodging that implements single-use
room keys to ensure compliance with the mandatory self-quarantine shall not be
liable under this paragraph but shall promptly notify law enforcement if it
determines a guest(s) has violated self-quarantine.
Any host violates this section if the host intentionally, knowingly, or
recklessly fails to notify law enforcement immediately: when a guest(s) subject to
the self-quarantine fails to remain within the confines of their designated
quarantine location or when a guest(s) subject to self-quarantine obtains
subsequent lodging with the host after leaving the confines of their designated
quarantine location during their period of self-quarantine.
It shall be the duty of all hosts to ascertain the period of self-quarantine for
their guest(s) and to determine whether or not their guest(s) remain confined to
their designated quarantine location throughout the period of self-quarantine. It
shall not be a defense to a violation of this section that the host did not know the
period of self-quarantine for their guest(s), that they did not know that their
guest(s) were subject to the mandatory self-quarantine, or that they did not know
that their guest(s) had failed to remain within the confines of the designated
quarantine location.
For purposes of this section, the following definitions apply:
“Designated quarantine location” means any hotel, motel, house,
townhouse, condominium, or apartment in the State of Hawai‘i, that is or will be
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occupied, with the permission of the owner, renter, lessor, or manager of the
accommodations, by persons entering the State of Hawai‘i during their period of
quarantine. In the case of hotels, motels, townhouses, condominiums, and
apartments, “designated quarantine location” refers to the person’s individual
room or unit.
“Hosts” means any individual, partnership, corporation, company,
association, or any other person, group, or entity, who is the owner, renter, or
lessor of any designated quarantine location or who provides lodging to a person
subject to the mandatory self-quarantine.
“Guest or guest(s)” means any person or persons subject to mandatory
self-quarantine who are renting, leasing, or otherwise occupying any designated
quarantine location from a host during the period of self-quarantine.
“Period of self-quarantine” means the period of time that begins the day a
person enters the State of Hawai‘i and lasts the number of days set forth in
Section IV.B or the duration of the person’s presence in the State, whichever is
shorter.
D. Prohibition on Renting Vehicles
Unless an exemption is granted, persons subject to self-quarantine
pursuant to Section IV of this Proclamation are prohibited from renting motor
vehicles in the State, whether through a rental car company, online service, or
through a peer-to-peer platform or car sharing service including but not limited to
Turo and Zipcar. Any reservations or confirmation of reservations by a person
subject to self-quarantine shall be presumed to be the rental of a motor vehicle in
violation of this order.
For purposes of this section:
“Period of self-quarantine” is as set forth above in Section IV.C.
“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle
propelled by a motor, whether gasoline, electric, or hybrid, which is offered for
rent or lease within the State of Hawai’i through any car sharing service.
E. Car Sharing Services Responsibility
All persons who provide motor vehicles through peer-to-peer platforms or
car sharing services, including but not limited to Turo and Zipcar (hereinafter
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collectively referred to as “car sharing services”), shall be responsible for
ensuring that they do not rent, lease, or otherwise provide any motor vehicle to
any person subject to a self-quarantine, whether a visitor or returning resident,
during the person’s period of self-quarantine.
Any person violates this section if the person intentionally, knowingly, or
recklessly provides a motor vehicle through a car sharing service to a person
subject to the self-quarantine.
It shall be the duty of all persons providing a motor vehicle through a car
sharing service to determine whether or not the person is seeking to obtain the
vehicle during the person’s period of self-quarantine. It shall not be a defense to
a violation of this section that a person providing a motor vehicle through a car
sharing service did not know that the person seeking the motor vehicle was not
subject to the mandatory self-quarantine.
For purposes of this section:
“Period of self-quarantine” is as set forth above in Section IV.C.
“Motor vehicle” is as set forth above in Section IV.D.
F. Enhanced Movement Quarantine
A county may establish an Enhanced Movement Quarantine (EMQ)
program through agreements with resort or hotel facilities. Travelers who enter
the State as part of an EMQ program must comply with all State, county and
industry safety and health standards applicable to such program and complete all
mandatory documentation. The EMQ program shall be implemented through
county emergency orders, rules or proclamation and subject to the approval
requirements of Section I of this Proclamation. A county EMQ program shall:
1. Restrict participating travelers to clearly defined
geographical areas and ensure limited contact with those not subject to self-
quarantine. The geographical areas may include adjacent shoreline areas where
beach access is permitted by applicable state and county authorities, provided
that members of the public are given notice of the EMQ and are not prohibited
from accessing the shoreline area;
2. Include safety, monitoring and enforcement measures
consistent with industry standards;
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3. Provide capacity for isolating any positive or suspected
COVID-19 cases and provide necessary wraparound services for such persons;
4. Require participating travelers to sign waivers confirming
they have voluntarily elected to participate in the EMQ; voluntarily agreed to
electronic monitoring and other requirements; and voluntarily waived express
privacy protections, including to health information, as necessary to accomplish
the public health purpose of this Proclamation;
5. Require participating travelers to bear all costs related to
their participation in the EMQ, including monitoring, isolation, care, lodging and
other expenses.
6. Notwithstanding the limitation on short-term rentals serving
as quarantine locations set forth in Section IV.B, counties may enter into an EMQ
agreement with an operator of short-term rentals provided it meets the same
resort and hotel operational and safety standards set forth herein.
G. Force and Effect of Law
Pursuant to section 127A-25, HRS, all provisions set forth in Section IV of
this Proclamation and the Travel Rules are hereby adopted as rules and shall
have the force and effect of law.
Pursuant to section 127A-29, HRS, any person who intentionally,
knowingly, or recklessly engages in conduct that violates Section IV of this
Proclamation or the Travel Rules shall be guilty of a misdemeanor, and upon
conviction, the person shall be fined not more than $5,000, or imprisoned not
more than one year, or both.
V. Quarantine for Travel Between Counties
Pursuant to section 127A-13(a)(1), HRS, and section 127A-12(b)(19),
HRS, all persons traveling from within the State to the counties of Kaua‘i, Hawai‘i,
Maui and Kalawao shall be subject to mandatory self-quarantine. The period of
self-quarantine shall begin from the day of entry into the county and shall last 10
days or the duration of the person’s presence in the county, whichever is shorter.
All travelers must comply with all applicable State and county rules, directives,
and orders related to travelers, including those mandating the verification of data
upon arrival at the airport and the completion of any and all documents. All
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provisions of Section IV.C-E and G of the Proclamation apply with full force and
effect to this Section. The self-quarantine mandated by this section, or any
waiver or exemption therefrom, does not affect or in any way impede or
supersede the authority of CDC, or DOH pursuant to sections 321-1 and 325-8,
HRS, to require persons to quarantine if they test positive for COVID-19 or if they
are a close contact of a person confirmed positive for COVID-19, regardless of
whether a negative test result was subsequently obtained.
Persons traveling from within the State to the counties of Kaua‘i, Hawai‘i,
Maui and Kalawao to perform critical infrastructure functions as identified in
Section III.A of the Proclamation shall be subject to self-quarantine but may
obtain a limited exemption allowing them to break quarantine only when
performing their critical infrastructure functions. If an exemption is granted to any
traveler, such person shall comply with any testing requirements set forth in the
exemption and shall be subject to all quarantine restrictions when not performing
their critical infrastructure work or engaging in the activity expressly exempted.
Persons who previously tested positive for COVID-19 but are no longer at
risk of infecting others also may obtain an exemption allowing them to break
quarantine. The conditions under which a person qualifies for this exemption
shall be as set forth by the Department of Health, whose guidance on this type of
exemption may change.
Persons seeking an exemption from the Intercounty Travel Quarantine
must contact the appropriate county for review and approval. The Director of
HIEMA also may grant exemptions from the Intercounty Travel Quarantine. An
exemption from the Intercounty Travel Quarantine does not affect or in any way
impede or supersede the authority of DOH to require persons to quarantine
pursuant to sections 321-1 and 325-8, HRS.
A county may adopt a negative test exception to the Intercounty Travel
Quarantine, which exception shall be integrated into the State’s Safe Travels
program and implemented through county emergency orders, rules or
proclamations approved in accordance with Section I of this Proclamation.
Pursuant to section 127A-29, HRS, any person who intentionally,
knowingly or recklessly engages in conduct that violates the Intercounty Travel
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Quarantine or any applicable State or county rule, directive or order related to
travelers, including the completion of any document required by the State or any
county, shall be guilty of a misdemeanor, and upon conviction, the person shall
be fined not more than $5,000, or imprisoned not more than one year, or both.
VI. Suspension of Laws
The following specific provisions of law are suspended, as allowed by
federal law, pursuant to section 127A-13(a)(3), HRS:
A. Session Laws
Section 9, Act 5, Session Laws of Hawaii 2019, to the extent that the
appropriation for debt service payments shall no longer be limited to principal and
interest payments on general obligation bonds, such that debt service moneys
may be used for bond counsel fees, costs related to tax compliance work on the
expenditure of general obligation bond proceeds, and other bond related costs.
B. Division 1. Government
Section 37-41, HRS, appropriations to revert to state treasury;
exceptions.
Section 37-74(d), HRS, program execution, except for sections 37-
74(d)(2) and 37-74(d)(3), HRS, and any such transfers or changes considered to
be authorized transfers or changes for purposes of section 34-74(d)(1) for
legislative reporting requirements.
Section 40-66, HRS, appropriations lapse when.
Chapter 46, HRS, county organization and administration, only to the
limited extent necessary to carry out emergency functions pursuant to this
Proclamation that may be hindered, delayed, or otherwise impeded by county
permitting, licensing, zoning, variances, processes, procedures, fees, or other
requirements of this chapter.
Section 76-16(a), HRS, civil service and exemptions, to the extent
necessary and as allowed by federal law, to enable the Director of the
Department of Labor and Industrial Relations (DLIR) to waive the requirement to
appoint all persons employed in the administration of chapter 383, HRS, on a
merit basis in accordance with civil service recruitment procedures.
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Section 78-13, HRS, salary periods, to the extent necessary to allow the
State of Hawaii Department of Defense to pay, as expeditiously as possible,
members of the Hawaii National Guard ordered into active service and deployed
in response to this emergency.
Sections 87A-42(b) – (f), HRS, other post-employment benefits trust,
87A-43, HRS, payment of public employer contributions to the other post-
employment benefits trust, and 237-31(3), HRS, remittances, to the extent
necessary to suspend the requirement for public employers to pay the annual
required contribution to the Hawai‘i Employer-Union Health Benefits Trust Fund
in the fiscal year 2020-2021.
Chapter 89, HRS, collective bargaining in public employment.
Chapter 89C, HRS, public officers and employees excluded from
collective bargaining.
Chapter 91, HRS, administrative procedure, to the extent necessary
such that, at the sole discretion of the department or agency, any administrative
hearing may be conducted by telephone or video conference without the parties,
department or agency, being physically present in the same location; any
deadlines may be waived or suspended; and any administrative hearing
procedures, such as, but not limited to, conferences, filing of documents, or
service, may be done via telephone or email. Additionally, to provide agencies
with maximum flexibility to respond to the COVID-19 emergency, and to
authorize any agency or court to stay or continue administrative hearings,
appeals, and related deadlines as necessary.
Administrative hearings not subject to Chapter 91, to the extent necessary
such that, at the sole discretion of the department of agency, any such hearing
may be conducted by telephone or video conference without the parties,
department, or agency, being physically present in the same location; any
deadlines may be waived or suspended; and any hearing procedures, such as,
but not limited to, conferences, filing of documents, or service, may be done via
telephone or email.
Section 91-3(b), HRS, procedure for adoption, amendment, or repeal
of rules, and section 325-2, HRS, physicians, laboratory directors, and
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health care professionals to report to the extent necessary to add coronavirus
disease 2019 (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156,
Hawaii Administrative Rules (HAR), without adopting emergency rules, and to
ensure that physicians, health care professionals, and laboratory directors shall
report the incidence or suspected incidence of COVID-19 to the department of
health in the manner specified by the department of health and that test results
(including positive and negative results) be reported to the department of health
via the electronic laboratory reporting system and by telephone on an urgent
basis. The addition of (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter
11-156, HAR, shall be effective for the period of this Proclamation.
Chapter 92, HRS, public agency meetings and records, to the extent
set forth in Exhibit E attached hereto.
Chapter 92F, HRS, uniform information practices act (modified), to the
extent set forth in Exhibit E attached hereto.
Section 102-2, HRS, contracts for concessions; bid required,
exception.
Section 103-2, HRS, general fund.
Section 103-53, HRS, contracts with the State or counties; tax
clearances, assignments.
Section 103-55, HRS, wages, hours, and working conditions of
employees of contractors performing services.
Section 103-55.5, HRS, wages and hours of employees on public
works construction contracts.
Chapter 103D, HRS, Hawaii public procurement code, only to the
limited extent necessary to procure goods and services in direct response to
COVID-19; to procure goods and services using funding that must be expended
on or before December 31, 2021; and to procure goods and services not in direct
response to COVID-19 but for which certain procurement requirements cannot
reasonably be met through the regular procurement process due to the
emergency.
Chapter 103F, HRS, purchases of health and human services, only to
the extent necessary to procure health and human services in direct response to
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COVID-19; to procure health and human services using funding that must be
expended on or before December 31, 2021; and to procure health and human
services not in direct response to COVID-19 but for which certain procurement
requirements cannot reasonably be met through the regular procurement
process due to the emergency.
Chapter 104, HRS, wages and hours of employees on public works, to
the extent that this suspension only applies to construction contracts for
governmental construction projects related to COVID-19 entered into on or after
the date of the Supplementary Proclamation issued on March 16, 2020 through
the duration of the emergency.
Chapter 105, HRS, government motor vehicles, except for section 105-
11, HRS, State motor pool revolving fund.
Section 127A-25(c), HRS, rules and orders, to the extent the requirement
to publish rules adopted pursuant to chapter 127A, HRS, in a newspaper of
general circulation in the State shall be suspended inasmuch as the posting of
such rules on the applicable state or county government website or by other
means of official announcement as provided by this section brings the rules’
content to the attention of the general public.
Section 127A-30(a)(2), HRS, rental or sale of essential commodities
during a state of emergency; prohibition against price increases, to the
extent that it permits the termination of any tenancy for a residential dwelling unit
in the area that is the subject of the proclamation for a breach of a material term
of a rental agreement or lease resulting from a failure to pay all or any portion of
the rent or lease, maintenance fees, utility charges, taxes or other fees required
by the rental agreement or lease. Additionally, section 521-68, HRS, landlord’s
remedies for failure by tenant to pay rent and section 521-71, HRS,
termination of tenancy; landlord’s remedies for holdover tenants and
Chapter 666, landlord and tenant, to the extent necessary to prohibit the
commencement, continuation, or prosecution of an action, to terminate any
tenancy for a residential dwelling unit, for failure to pay all or any portion of the
rent, maintenance fees, utility charges, taxes or other fees required for the
residential dwelling unit.
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Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to
the extent necessary such that the chiefs of police of the counties, in their sole
discretion, may suspend the deadline whereby a person must register a firearm
within five days after arrival in the State of the person or firearm, whichever
arrives later, and the deadline whereby a person acquiring a firearm pursuant to
section 134-2, HRS, must register the firearm within five days of acquisition.
Section 206M-2(b), HRS, establishment of the Hawaii technology
development corporation, to the extent necessary to delegate the powers,
duties, and authority of the board to the chief executive officer for the purpose of
awarding and dispensing State funding available under section 601(a) of the
Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and
Economic Security Act to awardees or grantees.
Section 237D-6.5(b), HRS, distribution of the transient
accommodations tax.
Chapter 281, HRS, intoxicating liquor, and related administrative rules,
to the extent as follows:
1. Section 281-1, HRS, definitions, to exclude hand sanitizer and
surface disinfectants from the definition of “liquor” and “intoxicating
liquor”; and
2. Section 281-31, HRS, licenses, classes to enable the county
liquor commissions to allow licensees to sell unopened beer or
unopened wine or unopened prepackaged cocktails with food for
pick up, delivery, take out, or other means to be consumed off the
premises, and to enable county liquor commissions to waive,
suspend, or postpone any deadlines or administrative procedures;
and to allow class 1 licensees to purchase fermentable wash from
class 1, 3, 14, and 18 licensees.
Provided that liquor licensees shall comply at all times with any and all federal
laws and any and all state and county laws not specifically suspended herein,
including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and
the rules, regulations, and requirements of the State of Hawai‘i Department of
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Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental
Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.
Section 281-37, HRS, sales of alcohol, and related administrative rules,
to the extent to allow hospitals and medical clinics to purchase hand sanitizer
and surface disinfectants in any quantity from class 1 licensees without holding a
county alcohol purchase permit. Provided that liquor licensees shall comply at all
times with any and all federal laws and any and all state and county laws not
specifically suspended herein, including, but not limited to, Chapter 149A, HRS,
Hawaii Pesticides Law, and the rules, regulations, and requirements of the
State of Hawai‘i Department of Agriculture, the U.S. Food and Drug
Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol
and Tobacco Tax and Trade Bureau.
Section 281-42(a)(6) and (b)(2), HRS, manufacturers and wholesale
dealers, special restrictions, and any related administrative rules, to the extent
necessary to enable the county liquor commissions to allow liquor manufacturers
and wholesale dealers to negotiate credit terms for periods in excess of thirty
(30) days with liquor retail licensees during the disaster emergency relief period,
subject to the following restrictions:
1. Any credit negotiations under this suspension must be finalized
prior to the termination of the disaster emergency relief period;
2. The suspension of Section 281-42(a)(6), HRS, shall terminate upon
the termination of the disaster emergency relief period;
3. The suspension of Section 281-42(b)(2), HRS, shall remain in effect
until twenty-one (21) days after the termination of the disaster
emergency relief period to the extent necessary to allow liquor retail
licensees who have outstanding invoice balances more than thirty
(30) days due, to continue purchasing liquor by credit.
Section 286-54, HRS, out-of-state-vehicle permit, section 286-106,
HRS, except subsection (3) relating to expiration at end of legal time in the
United States, expiration of licenses, section 286-106.5, HRS, expiration of
licenses; out-of-country active duty military personnel and dependents,
sections 286-107(a), (g), and (h), HRS, license renewals; procedures and
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requirements, 286-107.5, HRS, reactivation of expired license; fees; road
test waived, section 286-110(c), (f), (g), and (h), HRS, time limits relating to
instruction permits, section 286-236(e), HRS, commercial driver’s license
validity and waiting period, section 286-239(f), HRS, commercial driver’s
license, section 286-239.5, HRS, one year limit on reactivation of expired
commercial driver’s license, section 286-241, HRS, notification of
disqualification, suspension, revocation, cancellation, marking medical
certification status as not-certified, or downgrading of commercial driver’s
licenses or permits, section 286-306(a), HRS, expiration; renewal;
replacement, to the extent necessary to enable the Director of Transportation to
waive or extend the renewal, expiration, or other deadlines for certificates, state
ID cards, licenses, and permits that occurred or will occur during the emergency
period.
Section 286-303, HRS, application for identification card, and related
administrative rules to the extent necessary to enable the renewal of state civil
identification cards as set forth in Exhibit H, attached hereto.
Section 291-31.5, HRS, blue lights prohibited for motor vehicles,
motorcycles, motor scooters, bicycles, mopeds to the extent necessary to
allow Department of the Attorney General vehicles to operate with blue lights
when used for law enforcement related emergency management functions.
Sections 302D-12(h)(1) - (5), HRS, charter school governing boards;
powers and duties, to the extent necessary to enable the governing board of a
charter school to conduct business in person or through remote technology
without holding meetings open to the public. The governing boards shall consider
reasonable measures to allow public participation consistent with physical
distancing practices, such as providing notice of meetings, allowing submissions
of written testimony on agendized items, live streaming meetings, and posting
minutes of meetings online. No governing board deliberation or action shall be
invalid, however, if such measures are not taken.
Section 323D-44.5, HRS, administrative review of certain applications
for certificate of need, is suspended only to the limited extent necessary to
enable the State Health Planning and Development Agency (SHPDA) to conduct
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public information meetings without the certificate of need applicant, the
person(s) requesting the meeting, or members of the public physically to be
present in the same location. If SHPDA has the staffing, technological and other
resources to hold a secure video-teleconference (i.e., video and audio), it must in
good faith attempt to provide the certificate of need applicant, the person(s)
requesting the meeting, and the public with the opportunity to observe the
meeting as it happens and an opportunity to provide oral testimony. No SHPDA
action shall be invalid if SHPDA’s good faith efforts to implement remote
technology for observation, listening, or providing testimony do not work. If
SHPDA does not have the staffing, technological or other resources to hold a
secure video-teleconference (i.e., it is limited to audio only), it must provide the
certificate of need applicant, the person(s) requesting the meeting, and the public
with the opportunity to listen to the meeting as it happens and should make a
good faith effort to provide an opportunity to provide oral testimony.
Chapter 325, HRS, infectious and communicable diseases, to the
limited extent that any provision conflicts with the Governor’s exercise of
emergency powers herein under section 127A-13(a)(1), HRS.
Sections 328L-3(f)(1) and (2), HRS, emergency and budget reserve
fund.
Sections 329-32(a), 329-33(a), 329-38.2, HRS, uniform controlled
substances act, and related administrative rules, to the extent necessary to
allow out-of-state physicians and nurses to dispense (including prescribing and
administering) controlled substances without having to register in Hawai‘i, as
contemplated in the United States Drug Enforcement Administration’s (DEA)
COVID-19 Policy Concerning Separate Registration Across State Lines dated
March 25, 2020. Such physicians or nurses must maintain active registration in at
least one state and be authorized under that state’s law to dispense controlled
substances. Such doctors or nurses must also otherwise comply with state laws,
including those related to controlled substances.
Section 329-32(e), HRS, registration requirements, and related
administrative rules, for the limited purpose of allowing the offsite dispensing of
necessary take-home doses of medication for medication assisted treatment by
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an opioid treatment program (OTP) authorized under Section 329-40, HRS,
without obtaining a separate state registration, as contemplated in the DEA’s
COVID-19 policy concerning DEA narcotic treatment programs dated April 7,
2020.
Section 329-38(a)(1)(C), HRS, prescriptions, and related administrative
rules, only to the extent necessary to allow a facsimile, photograph, or scan of a
written prescription to be delivered to the dispensing pharmacist within 15 days of
an emergency oral prescription, as contemplated in the DEA’s COVID-19
guidance concerning the issuance of oral schedule II prescriptions dated March
27, 2020.
Section 329-38(d), HRS, prescriptions, for the limited purpose and to the
extent necessary to allow prescribing practitioners to authorize subsequent
prescriptions for opioids and benzodiazepines through telephone consultation
without an in-person consultation every 90 days. Such practitioners must
otherwise comply with all other requirements of Section 329-38(d).
Section 329-40 (b)(7), HRS, methadone treatment program, and related
administrative rules, for the limited purpose of permitting the issuance of up to 28
doses of methadone to qualified patients in an opioid treatment program in
accordance with the United States Substance Abuse and Mental Health Services
Administration’s Opioid Treatment Program Guidance, updated on March 19,
2020.
Section 329-41(a)(8), HRS, prohibited acts B penalties, for the sole and
limited purpose of enabling authorized physicians practicing telehealth as
provided in section 453-1.3, HRS, to issue prescriptions for controlled
substances. Such physicians must otherwise comply with all other requirements
of Chapter 329, HRS.
Section 329-101(b), HRS, reporting of dispensation of controlled
substances; electronic prescription accountability system; requirements;
penalty, to the extent necessary to enable the Department of Public Safety to
issue State controlled substance registrations prior to an applicant’s registration
with the electronic prescription accountability system.
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Chapter 329, Part IX, HRS, medical use of cannabis, to the extent
necessary to allow the Department of Health to extend the effective period of
registration for qualifying patients and primary caregivers with registration cards
with expiration dates in April and May for ninety (90) days. This suspension shall
not apply to the registration of a qualifying out-of-state patient or a caregiver of a
qualifying out-of-state patient, and it shall not apply to qualifying patients or
primary caregivers with registration cards that expire after May 2020.
Section 346-29, applications for public assistance; manner, form,
conditions, and section 346-53, HRS, determination of amount of assistance,
and related administrative rules, to the extent necessary such that the Director of
the Department of Human Services, in his sole discretion and for the purpose of
assisting those in need, may suspend eligibility and other requirements for family
units and individuals impacted by an emergency, and may disregard income
received from unemployment insurance or other relief assistance payments,
when determining eligibility and the amount of a recipient's assistance payments
during the emergency period.
Sections 346-59.1, 431:10A-116.3, 432:1-601.5, and 432D-23.5,
HRS, coverage for telehealth, to the extent that the definitions of “telehealth” in
each section shall exclude the use of standard telephone contacts.
Section 346-71, HRS, general assistance to households without minor
dependents, and related administrative rules, to the extent necessary to allow
for a presumptive determination of a disability for the duration of the emergency.
Section 346-97, HRS, criminal history record checks, and related
administrative rules, to the extent necessary for the Director of the Department of
Human Services, in his sole discretion, to suspend criminal history record check
requirements prior to enrolling Medicaid service providers.
Chapter 346, Part VIII, HRS, child care, and related administrative rules
for child care licensing and subsidies, to the extent necessary such that the
Director of the Department of Human Services, in his sole discretion and for the
purpose of assisting those in need, may suspend fingerprinting requirements;
suspend the requisite staffing configurations and the number of children per adult
ratio for a child care establishment facility; suspend eligibility and other
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requirements for family units impacted by an emergency; disregard emergency
related benefits in calculating child care subsidies; suspend application deadlines
for child care subsidies; allow for re-determinations of eligibility and monthly
payment amounts within the eligibility period; and suspend subsidy payments for
longer than one month when a payment amount is determined to be zero.
Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Child Care
Services Under Chapter 17-798.2, Hawaii Administrative Rules, as set forth in
Exhibit C attached hereto are hereby adopted.
Section 346-261, HRS, First-To-Work; establishment; purpose, and
related administrative rules, to the extent necessary such that the Director of the
Department of Human Services, in his sole discretion and for the purpose of
assisting those in need, may suspend eligibility and other requirements for family
units impacted by an emergency, and may provide additional rent support for
family units impacted by an emergency during the emergency period.
Section 353-62(b)(5), HRS, Hawaii paroling authority; responsibilities
and duties; operations; records, reports, staff, and related administrative
rules, to allow a hearing before a panel of at least two members of the paroling
authority in all cases.
Section 353-63, HRS, service of Hawaii paroling authority members;
compensation; expenses, for the limited purpose and to the extent necessary
to allow compensation paid to part-time members of the Hawaii paroling authority
to exceed eighty percent of the total regular working hours in a month. All other
requirements and limitations set forth in section 353-63 shall remain in full force
and effect.
Section 377-9, HRS, prevention of unfair labor practices, to the extent
necessary such that, at the sole discretion of the Hawaii Labor Relations Board,
the requirement to hold a hearing on the complaint not more than 40 days after
the filing of the complaint or amendment thereof may be waived.
Chapter 383, HRS, Hawaii employment security law, to the extent
necessary and as allowed by federal law, through the duration of the emergency
as defined under federal law, to enable the Director of the DLIR to:
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1. waive the one-week waiting period for unemployment insurance
claimants, the able and available requirement not already
exempted, the work search requirements, and online registration for
work requirement on HireNet for claimants who are otherwise
eligible for unemployment insurance benefits as a result of COVID-
19 for claims beginning March 1, 2020;
2. extend deadlines;
3. allow greater flexibility in determining good cause, employer
contributions to the Unemployment Insurance Trust Fund, and
employer experience rating;
4. waive required cash or in-kind contributions at the sole discretion of
the Director of the DLIR;
5. waive the requirement to appoint all persons employed in the
administration of chapter 383, HRS, on a merit basis in accordance
with civil service recruitment procedures; and
6. waive the requirement that no extended benefit period may begin
before the fourteenth week following the end of a prior extended
benefit period which was in effect.
Chapter 386, HRS, workers’ compensation law, to the extent necessary
such that the Department of Labor and Industrial Relations’ failure to act within
the specified period shall not be deemed an automatic approval.
Chapter 394B, HRS, dislocated workers, to the extent necessary to
waive notice requirements and deadlines; payment of back pay, benefits, or other
forms of compensation; payment of dislocated employees or worker allowance;
imposition of penalties; and any private right of action for failure to comply with
Chapter 394B, HRS, resulting from the COVID-19 response.
Chapter 8-66, HAR, part-time temporary employees, to the extent that
this section impacts the flexibility to recruit, hire, and compensate part-time
teaching staff necessary with the reopening of schools to increase in-person
learning and simultaneously preparing for summer learning activities to maintain
continuity of learning.
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C. Division 2. Business
Chapter 432E, Part IV, HRS, external review of health insurance
determinations, to the extent necessary to suspend all proceedings for external
review until rescheduled by the Insurance Commissioner; and to extend any
deadlines, including but not limited to the 130-day deadline to file a request for
external appeal.
Section 438-8.5, HRS, medical clearance, section 439-12.5, HRS,
medical clearance, section 16-73-56, HAR, medical clearance, and section 16-
78-76, HAR, medical clearance, to the extent necessary to waive the medical
clearance requirement. Additionally, pursuant to section 127A-25, HRS, the
Rules Relating to Safety Guidelines for Barbers and Beauty Operators, as set
forth in Exhibit F attached hereto are hereby adopted.
Section 451J-5, HRS, prohibited acts, and section 451J-7, HRS,
application for licensure, to the extent necessary to waive the licensure and
accompanying requirements so as to permit marriage and family therapists
licensed in their state, but not licensed in Hawai‘i, who have pre-established
relationships with a patient or client currently residing in the State of Hawai‘i, to
engage in telehealth practices with these patients. This shall not authorize out-of-
state mental health professionals who are not licensed in Hawai‘i to solicit or
establish new relationships with clients or patients located in Hawai‘i.
Chapter 453, HRS, medicine and surgery, and Chapters 16-85, HAR,
medical examiners, and 16-93, HAR, osteopaths, to the extent necessary to
allow out-of-state physicians, osteopathic physicians, and physician assistants
with a current and active license, or those previously licensed pursuant to
Chapter 453, HRS, but who are no longer current and active, to practice in
Hawaiʻi without a license; provided that they have never had their license
revoked or suspended and are hired by a state or county agency or facility, or by
a hospital, including related clinics and rehabilitation hospitals, nursing home,
hospice, pharmacy, or clinical laboratory, or other health care entity.
Section 453-1.3, HRS, practice of telehealth, to the extent necessary to
allow individuals currently and actively licensed pursuant to Chapter 453, HRS, to
engage in telehealth without an in-person consultation or a prior existing
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physician-patient relationship; and to the extent necessary to enable out-of-state
physicians, osteopathic physicians, and physician assistants with a current and
active license, or those who were previously licensed pursuant to Chapter 453,
HRS, but who are no longer current and active, to engage in telehealth in Hawai‘i
without a license, in-person consultation, or prior existing physician-patient
relationship, provided that they have never had their license revoked or
suspended and are subject to the same conditions, limitations, or restrictions as
in their home jurisdiction.
Any and all licensing laws, to the extent necessary to allow individuals
currently and actively certified as emergency medical technicians pursuant to
Chapter 453, HRS, individuals currently and actively licensed as dentists
pursuant to Chapter 448, HRS, and individuals currently and actively licensed as
veterinarians pursuant to Chapter 471, HRS, and individuals who are authorized
by the Public Readiness and Emergency Preparedness Act for Medical
Countermeasures Against COVID-19 (March 11, 2021) (the PREP Act) to
administer COVID 19 vaccines, provided the individual completes the Centers for
Disease Control and Prevention COVID-19 Vaccine Training Modules, and all
other requirements under the PREP Act are satisfied.
Section 453D-5, HRS, prohibited acts, and section 453D-7, HRS,
application for licensure as a mental health counselor, to the extent
necessary to waive the licensure and accompanying requirements so as to
permit mental health counselors licensed in their state, but not licensed in
Hawai‘i, who have pre-established relationships with a patient or client currently
residing in the State of Hawai‘i, to engage in telehealth practices with these
patients. This shall not authorize out-of-state mental health professionals who are
not licensed in Hawai‘i to solicit or establish new relationships with clients or
patients located in Hawai‘i.
Chapter 456, HRS, notaries public, and related administrative rules, to
the extent necessary to suspend any requirement that would require close
physical contact to accomplish notary functions. Additionally, pursuant to section
127A-25, HRS, the Rules Relating to Notaries, as set forth in Exhibit D attached
hereto are hereby adopted.
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Chapter 457, HRS, nurses, and chapter 16-89, HAR, nurses, to the
extent necessary to allow out-of-state licensed practical nurses, registered
nurses, advanced practice registered nurses, and advance practice registered
nurses with prescriptive authority with a current and active license, or those
previously licensed pursuant to Chapter 457, HRS, but who are no longer current
and active, to practice in Hawai‘i without a license; provided that they have never
had their license revoked or suspended and are hired by a state or county
agency or facility, or by a hospital, including related clinics and rehabilitation
hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health
care entity.
Section 457-7, HRS, registered nurses; qualifications; licenses; fees;
title; existing licensed nurses; verification of licenses; eligibility, to the
extent necessary to waive the licensure and accompanying requirements so as
to permit graduates, after May 1, 2020, of nursing education programs approved
by the State Board of Nursing or a national accrediting body, to be employed to
practice nursing under the supervision of a registered nurse, with the
endorsement of the employing health care entity.
Section 457-8, HRS, licensed practical nurse; qualifications; license;
fees; title; existing licensed nurses; verification of licenses; eligibility, to
the extent necessary to waive the licensure and accompanying requirements so
as to permit graduates, after May 1, 2020, of nursing education programs
approved by the State Board of Nursing or a national accrediting body, to be
employed to practice nursing under the supervision of a registered licensed
practical nurse, with the endorsement of the employing health care entity.
Section 457-8.5, HRS, advanced practice registered nurse;
qualifications; licensure; endorsement; fees; eligibility, to the extent
necessary to waive the licensure and accompanying requirements so as to
permit graduates, after May 1, 2020, of an accredited graduate-level education
program preparing the nurse for one of the four recognized advanced practice
registered nurse roles licensed by the State Board of Nursing, to be employed to
practice as an advanced practice registered nurse, with the endorsement of the
employing health care entity.
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Section 457G-1.4, HRS, license required, and section 457G-1.5,
HRS, practice of occupational therapy, to the extent necessary to allow out-of-
state occupational therapists and occupational therapy assistants with current
and active licenses, or those previously license pursuant to Chapter 457G, HRS,
but who are no longer current and active, to practice in Hawai’i without a license;
provided that they have never had their licenses revoked or suspended and are
hired by a state or county agency or entity, or by a hospital, including related
clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical
laboratory, or other health care entity.
Section 461-5, HRS, qualifications for license, and Section 461-6, HRS,
examination; license, to the extent necessary to waive the licensure and
accompanying requirements so as to permit graduates, after May 1, 2020, of a
pharmacy college accredited by the Accreditation Council for Pharmacy
Education, to be employed to practice pharmacy under the supervision of a
registered pharmacist, with the endorsement of the employing health care entity.
Section 461-9(a), HRS, pharmacist in charge; pharmacy personnel,
and Sections 16-95-79(a), HAR, supervision by a registered pharmacist, and
16-95-80(a), HAR, physical presence of a registered pharmacist, to the extent
necessary to allow a registered pharmacist currently and actively licensed
pursuant to Chapter 461, HRS, or pharmacy intern currently and actively
permitted by the board, to fill, compound, or receive prescriptions by remote data
entry.
Section 461J-2, HRS, practice of physical therapy;
qualifications, section 461J-6, HRS, permanent licenses, and section 16-110-
20, HAR, requirements for a permanent physical therapist license or
physical therapist assistant license, to the extent necessary to allow an out-of-
state physical therapist or physical therapy assistant with a current and active
license, or those previously licensed pursuant to Chapter 461J, HRS, but who
are no longer current and active, to practice in Hawai‘i without a license; provided
that they have never had their license revoked or suspended and are hired by a
state or county agency or entity, or by a hospital, including related clinics and
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rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or
other health care entity.
Section 464-4, HRS, public works.
Section 465-2, HRS, license required, and section 465-15, HRS,
prohibited acts; penalties, to the extent necessary to waive the licensure and
accompanying requirements so as to permit psychologists licensed in their state,
but not licensed in Hawai‘i, who have pre-established relationships with a patient
or client currently residing in the State of Hawai‘i, to engage in telehealth
practices with these patients.
Section 466D-3, HRS, license required, and section 466D-9,
HRS, licensure by endorsement, to the extent necessary to allow an out-of-
state respiratory therapist with a current and active license, or those previously
licensed pursuant to Chapter 466D, HRS, but who are no longer current and
active, to practice in Hawai‘i without a license; provided that they have never had
their license revoked or suspended and are hired by a state or county agency or
entity, or by a hospital, including related clinics and rehabilitation hospitals,
nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 466J-4, HRS, licenses required, section 466J-5, HRS,
radiographers, radiation therapists, and nuclear medicine technologists,
qualifications and licenses, section 11-44-3, HAR, licenses required, section
11-44-4, HAR, application for license, and section 11-44-5, HAR, minimum
eligibility requirements for license, to the extent necessary to allow an out-of-
state radiographer, radiation therapist, or nuclear medicine technologist, with a
current and active registration or certification in good standing with the American
Registry of Radiologic Technologists (ARRT) in radiography, radiation therapy
technology, or nuclear medicine technology or with the Nuclear Medicine
Technology Certification Board (NMTCB) in nuclear medicine technology; or
those previously licensed pursuant to Chapter 466J, HRS, but who are no longer
current and active, to practice in Hawai‘i without a license; provided that they
have never had their license revoked or suspended and are hired by a state or
county agency or other health care entity that possesses a current and valid
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radiation facility license. Facilities are required to submit to the Radiologic
Technology Board the following information for individuals performing radiologic
technology under this exemption: full name; ARRT, NMTCB or previous license
number; and a photocopy of the current ARRT or NMTCB credential card or
defunct license (if available).
Section 467E-5, HRS, licensed required, and section 467E-13, HRS,
prohibited acts; penalties, to the extent necessary to waive the licensure and
accompanying requirements so as to permit social workers licensed in their state,
but not licensed in Hawai‘i, who have pre-established relationships with a patient
or client currently residing in the State of Hawai‘i, to engage in telehealth
practices with these patients. This shall not authorize out-of-state mental health
professionals who are not licensed in Hawai‘i to solicit or establish new
relationships with clients or patients located in Hawai‘i.
Section 468E-3, HRS, practice as speech pathologist or audiologist;
title or description of services, section 468E-4, HRS, persons and practices
not affected, section 468E-8, HRS, license, section 16-100-12, HAR,
registration required, and section 16-100-16, HAR, general requirements, to
the extent necessary to allow an out-of-state speech pathologist or audiologist
with a current and active license, or those previously licensed pursuant to
Chapter 468E, HRS, but who are no longer current and active, to practice in
Hawai‘i without a license; provided that they have never had their license
revoked or suspended and are hired by a state or county agency or entity, or by
a hospital, including related clinics and rehabilitation hospitals, nursing home,
hospice, pharmacy, clinical laboratory, or other health care entity.
Section 469-2, HRS, rules, and related administrative rules for Mortuaries,
Cemeteries, Embalmers, Undertakers and Mortuary Authorities, to the extent
necessary to suspend any law that facilitates the gathering of large groups for the
viewing of a body before cremation or burial. Additionally, pursuant to section
127A-25, HRS, the Rules Relating to Mortuaries, Cemeteries, Embalmers,
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Undertakers and Mortuary Authorities, as set forth in Exhibit G attached hereto
are hereby adopted.
Section 471-10, HRS, refusal to grant and revocation or suspension of
license, to the extent necessary to enable veterinarians to engage in telehealth
without a previously existing Veterinarian-Client-Patient-Relationship or physical
examination of the patient.
Chapter 481I, HRS, motor vehicle express warranty enforcement
(lemon law), to the extent necessary such that, at the sole discretion of the
Department of Commerce and Consumer Affairs, any arbitration hearing may be
conducted by telephone or video conference without the parties, arbitrator, or
department being physically present in the same location; any deadlines,
including but not limited to, the lemon law rights period under section 481I-2,
HRS, may be extended, waived, or suspended; and any hearing procedures,
including but not limited to, submission of documents or service, may be done via
telephone or email.
D. Division 3. Property; Family
Chapter 501, HRS, land court registration, and related court or
administrative rules, to the extent necessary such that the Registrar of the
Bureau of Conveyances, in his sole discretion and for the purpose of facilitating
the recording functions of the Bureau of Conveyances, may suspend recording
requirements calling for certified copies of court records, or any other recording
requirements that cannot be satisfied under the current emergency conditions,
including but not limited to recording requirements which may require close
physical contact.
Chapter 502, HRS, bureau of conveyances; recording, and related
court or administrative rules, to the extent necessary such that the Registrar of
the Bureau of Conveyances, in his sole discretion and for the purpose of
facilitating the recording functions of the Bureau of Conveyances, may suspend
recording requirements calling for certified copies of court records, or any other
recording requirements that cannot be satisfied under the current emergency
conditions, including but not limited to recording requirements which may require
close physical contact.
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Section 572-1(7), HRS, requisites of valid marriage contract, to the
extent necessary to suspend the requirement that the parties to be married and
the person performing the marriage ceremony be physically present at the same
place and time for the marriage ceremony. During the time that this emergency
order is effective, marriage ceremonies may be performed by synchronous, real-
time, interactive audio and video telecommunications, so long as the parties to
be married and the person performing the marriage ceremony shall all be
physically present in Hawai‘i and all of the other requisites for a valid marriage
contract are met. This suspension shall apply retroactively to March 4, 2020, the
beginning of the disaster emergency relief period.
Section 572-6, HRS, application; license; limitations, to the extent
necessary to suspend the requirement that persons applying for a marriage
license shall appear personally before an agent authorized to grant marriage
licenses. During the time that this emergency order is effective, persons applying
for a marriage license may appear by synchronous, real-time, interactive audio
and video telecommunications before an agent authorized to grant marriage
licenses.
Chapter 576E, HRS, administrative process for child support
enforcement, and related administrative rules, to the extent necessary such that,
at the sole discretion of the Department of the Attorney General or the Child
Support Enforcement Agency, the agency may sign an order temporarily
suspending or modifying child support obligations without the need to commence
administrative proceedings when all parties are in mutual agreement.
Sections 15-37-4(a)(2) - (5), HAR, procedure for a SWHV, so that all
solar water heater variance requests and payments will be done online at the
Department of Business, Economic Development and Tourism Energy Division
Solar Water Heater Variance website, and no other submittal methods (i.e.,
email, fax, U.S. Postal Service, or hand delivery) or payments by check will be
accepted.
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E. Division 4. Courts and Judicial Proceedings
Nothing suspended or invoked by this Proclamation.
F. Division 5. Crimes and Criminal Proceedings
Sections 706-669, 706-670, and 706-670.5, HRS, disposition of
convicted defendants, to the extent that these sections and related
administrative rules prescribe time limits for matters before the Hawaii Paroling
Authority.
VII. Severability
If any provision of this Proclamation is rendered or declared illegal for any
reason, or shall be invalid or unenforceable, such provision shall be modified or
deleted, and the remainder of this Proclamation and the application of such
provision to other persons or circumstances shall not be affected thereby but shall
be enforced to the greatest extent permitted by applicable law.
VIII. Enforcement
No provision of this Proclamation, or any rule or regulation hereunder,
shall be construed as authorizing any private right of action to enforce any
requirement of this Proclamation, or of any rule or regulation. Unless the
Governor, Director of HIEMA, or their designee issues an express order to a non-
judicial public officer, no provision of this Proclamation, or any rule or regulation
hereunder, shall be construed as imposing any ministerial duty upon any non-
judicial public officer and shall not bind the officer to any specific course of action
or planning in response to the pandemic or interfere with the officer’s authority to
utilize his or her discretion.
I FURTHER DECLARE that this Proclamation supersedes all prior
proclamations issued by me related to the COVID-19 emergency, and that the
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disaster emergency relief period shall continue through June 8, 2021,
unless terminated or superseded by a separate proclamation, whichever shall
occur first.
Done at the State Capitol, this
9th day of April, 2021.
_______________________
DAVID Y. IGE,
Governor of Hawai‘i
APPROVED:
____________________________
Clare E. Connors
Attorney General
State of Hawai‘i
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EXHIBIT A
Rule Relating to Immunities for Health Care Practices
EXHIBIT B
Rules Relating to COVID-19 Screening Process and Travel
Self-Quarantine
EXHIBIT C
Rules Relating to Child Care Services Under Chapter 17-798.2,
Hawaii Administrative Rules
EXHIBIT D
Rules Relating to Notaries Public
EXHIBIT E
Rules Relating to Sunshine Law and Uniform Information Practices Act
EXHIBIT F
Rules Relating to Safety Guidelines for Barbers and Beauty Operators
EXHIBIT G
Rules Relating to Mortuaries, Cemeteries, Embalmers, Undertakers and
Mortuary Authorities
EXHIBIT H
Rules Relating to State Civil Identification Card
EXHIBIT I
Statewide Face Covering Requirement
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EXHIBIT A
RULES RELATING TO
IMMUNITIES FOR HEALTH CARE PRACTICES
(amended)
§1 Purpose and Authority
§2 Definitions
§3 Health Care Response to COVID-19
§4 Performance of COVID-19 Vaccinations
§5 Immunity of Health Care Facilities
§6 Immunity of Health Care Professionals
§7 Immunity of Health Care Volunteers
§8 Miscellaneous
§1 Purpose and Authority. These rules are adopted
pursuant to section 127A-9, 12, 13, 25, 29, and 31, Hawaii
Revised Statutes, to respond to the COVID-19 emergency
declared by the Governor and have the full force and effect
of law. The following rules are necessary to enable the
healthcare system in Hawaii to continue to function at
acceptable levels of service for patients during a time
when health care professionals are in short supply and to
provide for the performance of COVID-19 vaccinations.
§2 Definitions. For the purpose of these rules, the
following definitions apply:
“Health care facility” means any program,
institution, place, building, or agency, or portion
thereof, private or public, other than federal
facilities or services, whether organized for profit or
not, used, operated, or designed to (1) provide medical
diagnosis, treatment, nursing, rehabilitative, or
preventive care to any person or persons, or (2)
provide postsecondary educational programs in health
care disciplines. The term includes but is not limited
to facilities licensed or certified by DOH pursuant to
section 321-11(10), Hawaii Revised Statutes (HRS), and
others providing similarly organized services
regardless of nomenclature, and any state government-
operated site providing health care and/or vaccination
services established for the purpose of responding to
the COVID-19 outbreak.
“Health care professional" means physicians and
surgeons and others licensed or certified pursuant to
chapter 453, podiatrists licensed pursuant to chapter
463E, dentists licensed pursuant to chapter 448,
psychologists licensed pursuant to chapter 465, nurses
licensed pursuant to chapter 457, veterinarians licensed
pursuant to chapter 471, acupuncturists licensed
pursuant to chapter 436E, massage therapists licensed
pursuant to chapter 452, naturopathic physicians
EXHIBIT A
licensed pursuant to chapter 455, chiropractors licensed
pursuant to chapter 442,occupational therapists licensed
pursuant to chapter 457G, physical therapists licensed
pursuant to chapter 461J, respiratory therapists
licensed pursuant to chapter 466D, radiographers,
radiation therapists, and nuclear medicine technologists
licensed pursuant to chapter 466J, speech pathologists
or audiologists licensed pursuant to chapter 468E, and
pharmacists licensed pursuant to chapter 461 who (i) are
providing health care and/or vaccination services at a
health care facility in response to the COVID-19
outbreak and are authorized to do so; or (ii) are
working under the direction of the Hawai‘i Emergency
Management Agency (HIEMA) or Hawai‘i Department of
Health (HDOH) pursuant to any Proclamation,
Supplementary Proclamation, and/or Executive Order
related to the COVID-19 outbreak (hereinafter
collectively referred to as Emergency Proclamations) or
pursuant to an agreement with HIEMA or HDOH. Health care
professionals include the following:
(1) Physicians, osteopathic physicians,
physician assistants, nurses, occupational
therapists, physical therapists, respiratory
therapists, and speech pathologists or
audiologists with a current and active out-
of-state license who are authorized to
practice in Hawai‘i without a Hawai‘i
license by my Emergency Proclamations.
(2) Physicians, osteopathic physicians,
physician assistants, nurses, occupational
therapists, physical therapists, respiratory
therapists, radiographers, radiation
therapists, nuclear medicine technologists,
and speech pathologists or audiologists who
were previously licensed pursuant to
chapters 453, 457, 457G, 461J, 466D, 466J,
and 468E, HRS, respectively, who have no
current and active Hawai‘i license, who
never had their license revoked or suspended
and are hired by a state or county agency or
facility, or by a hospital, including
related clinics and rehabilitation
hospitals, nursing home, hospice, pharmacy,
or clinical laboratory, or other health care
entity, and who are authorized to practice
in Hawai‘i without a license by my Emergency
Proclamations.
(3) Psychologists licensed in their state but
not licensed in Hawai‘i who have pre-
EXHIBIT A
established relationships with a patient or
client currently residing in the State of
Hawai‘i who are authorized to engage in
telehealth practices with these patients by
my Emergency Proclamations and veterinarians
who are authorized to engage in telehealth
without a previously existing Veterinarian-
Client-Patient-Relationship or physical
examination of the patient by my Emergency
Proclamations.
“Health care volunteer” means all volunteers or
medical, nursing, social work, pharmacy, occupational,
physical, or respiratory therapist students who do not
have licensure who (i) are providing services,
assistance, or support at a health care facility in
response to the COVID-19 outbreak and are authorized to
do so; or (ii) are working under the direction of HIEMA
or HDOH pursuant to my Emergency Proclamations or
pursuant to an agreement with HDOH or HIEMA.
§3 Health Care Response to COVID-19. Health care
facilities, health care professionals, and health care
volunteers shall render assistance in support of the
State’s response to the disaster recognized by the
Governor’s Emergency Proclamations related to COVID-19.
For health care facilities, “rendering assistance” in
support of the State’s response includes cancelling or
postponing elective surgeries and procedures as each
facility determines to be appropriate under the
circumstances presented by the COVID-19 emergency if
elective surgeries or procedures are performed at the
health care facility, or working under the direction of
HIEMA or HDOH pursuant to the Emergency Proclamations
or pursuant to an agreement with HDOH or HIEMA. In
addition, for health care facilities, “rendering
assistance” in support of the State’s response must
include measures such as increasing the number of beds,
preserving personal protective equipment, or taking
necessary steps to prepare to treat patients with
COVID-19. For health care professionals, “rendering
assistance” in support of the State’s response means
providing health care and/or vaccination services at a
health care facility in response to the COVID-19
outbreak, or working under the direction of HIEMA or
HDOH pursuant to the Governor’s Emergency Proclamations
or pursuant to an agreement with HIEMA or HDOH. For
health care volunteers, “rendering assistance” in
support of the State’s response means providing
services, assistance, or support at a health care
facility in response to the COVID-19 outbreak, or
working under the direction of HIEMA or HDOH pursuant to
EXHIBIT A
the Emergency Proclamations or pursuant to an agreement
with HIEMA or HDOH.
§4 Performance of COVID-19 vaccinations.
Vaccinations shall be performed by the health care
professionals and volunteers who are duly licensed or
are otherwise authorized to perform vaccinations
pursuant to these rules, or as provided by other
applicable legal authority, related to the COVID-19
emergency. A record of the vaccinations shall be
maintained by these healthcare workers and shall be
made available, as directed by the HDOH.
§5 Immunity of Health Care Facilities. Health
care facilities that in good faith comply completely
with all state and federal orders regarding the
disaster emergency, shall be immune from civil
liability for any death or injury to persons, or
property damage alleged to have been caused by any act
or omission by the health care facility, which death of
or injury to persons, or property damage occurred at a
time when the health care facility was engaged in the
course of rendering assistance to the State by
providing health care and/or vaccination services in
response to the COVID-19 outbreak, unless it is
established that such death or injury to persons, or
property damage was caused by willful misconduct,
gross negligence, or recklessness of the health care
facility.
§56 Immunity of Health Care Professionals.
Health care professionals who in good faith comply
completely with all state and federal orders regarding
the disaster emergency, shall be immune from civil
liability for any death or injury to persons, or
property damage alleged to have been caused by any act
or omission by the health care professional, which
death of or injury to persons, or property damage
occurred at a time when the health care professional
was engaged in the course of rendering assistance to
the State by providing health care and/or vaccination
services in response to the COVID-19 outbreak, unless
it is established that such death or injury to persons,
or property damage was caused by willful misconduct,
gross negligence, or recklessness of the health care
professional.
§67 Immunity of Health Care Volunteers. Any
health care volunteer who in good faith complies
completely with all state and federal orders regarding
the disaster emergency, shall be immune from civil
EXHIBIT A
liability for any death of or injury to persons, or
property damage alleged to have been caused by any act
or omission by the health care volunteer at a time when
the health care volunteer was engaged in the course of
rendering assistance to the State by providing
services, assistance, or support in response to the
COVID-19 outbreak, unless it is established that such
death of or injury to persons, or property damage was
caused by the willful misconduct, gross negligence, or
recklessness of the health care volunteer.
§8 Miscellaneous. (a) Nothing in these rules
shall be construed to preempt or limit any applicable
immunity from civil liability available to any health
care facility, health care professional, or health
care volunteer, including by way of illustration, the
federal Public Readiness and Emergency Preparedness
Act (PREP Act); Section 3215 of the CARES Act;
Chapter 127A, HRS; section 321-23.3, HRS; section
325-20, HRS; and chapter 662D, HRS.
(b) If any provision of these rules is held
invalid by any court of competent jurisdiction, this
invalidity does not affect any other provision, which
can be given effect without the invalid provision or
application. To achieve this purpose, the provisions
of this rule are declared to be severable.
(c) The provisions of these rules shall take
effect nunc pro tunc to March 4, 2020, and shall
remain in effect for the emergency period, unless
terminated by separate proclamation, whichever shall
occur first.
EXHIBIT B
Rules Relating to
COVID-19 Screening Process and Travel Self-Quarantine
(amended)
§1 Purpose and Authority
§2 Definitions
§3 Health Screening
§4 Mandatory Self-Quarantine
§5 Order of Self Quarantine
§6 Defenses
§7 Costs to be Paid by Quarantined Person
§9 Criminal Penalties
§1 Purpose and Authority. These rules are adopted
pursuant to sections 127A-11, 12, 13, 25, 29, and 31, Hawaii
Revised Statutes, to respond to the COVID-19 emergency declared
by the Governor and have the force and effect of law.
§2 Definitions. “Health Screening” means a process used
to detect the presence of a communicable or dangerous disease in
an individual and may include the measuring of a person’s
temperature through thermal temperature screening, and the
administration of one or more questionnaires used to conduct
surveillance of disease activity or to determine to whom a
diagnostic tool is administered.
“Mandatory State of Hawaii Travel and Health Form” means a
form or questionnaire developed by the State for travelers. It
may be amended from time to time by the Director of Emergency
Management, and amendments shall be posted on the websites for
the Governor and the Hawaii Emergency Management Agency.
“Order for Self-Quarantine” means an order from the
Director of Emergency Management directing a mandatory self-
quarantine. It may be amended from time to time by the Director
of Emergency Management, and amendments shall be posted on the
websites for the Governor and the Hawaii Emergency Management
Agency.
“State approved COVID-19 test” means a test to determine
the presence of active COVID-19 infection that has been approved
for use under these rules by the Hawaii Department of Health
(DOH) and is administered through a Trusted Testing Partner.
Currently approved is the processing by laboratories that are
licensed or certified by Clinical Laboratories Improvement
Amendments (CLIA) of specimens for nucleic acid amplification
testing approved or authorized by the United States Food and
Drug Administration, pursuant to an Emergency Use Authorization
or other authorization for COVID-19 testing.
“Thermal temperature screening” means a non-contact means
of measuring a person’s temperature.
EXHIBIT B
§3 Health Screening. All persons entering the State of
Hawaii shall submit to a health screening as determined by the
Director of Emergency Management to be necessary to prevent the
spread of COVID-19 to protect the public health and safety. Any
person violates this section if the person intentionally,
knowingly or recklessly:
(1) Refuses or fails to truthfully, accurately and fully
complete a Mandatory State of Hawaii Travel and
Health Form defined in Section 2; or
(2) Refuses or fails to undergo thermal temperature
screening conducted by state personnel.
§4 Mandatory Self-Quarantine. (a) All persons entering
the State of Hawaii shall be subject to mandatory self-
quarantine, except:
(1) those persons performing critical infrastructure
functions or who have otherwise been exempted by the
Director of Emergency Management; or
(2) those persons who have obtained a negative COVID-19
test result, using a DOH-approved form, from a
Trusted Testing Partner test administered within 72
hours from the final leg of departure and whose
negative test results for the COVID-19 disease are
either uploaded into the State’s Safe Travels
program prior to departure to the State or [provided
in written hard copy] are received by the traveler
prior to the traveler’s departure on the final leg
of travel to Hawaii and are provided upon arrival in
the State.
(3) those persons who have obtained validation that they
have completed a vaccine regimen approved by the DOH
and whose validation documentation is either
uploaded into the State’s Safe Travels program prior
to departure to the State or provided [in written
hard copy] upon arrival in the State. This exception
for vaccinated travelers shall become effective upon
approval of the Director of Emergency Management,
which date and related details shall be available at
https//hawaiicovid19.com/.
(b) The period of self-quarantine shall begin from the
day of entry into the State and shall last the number of days
set forth in Section IV.B. of the emergency proclamation or
the duration of the person’s presence in the State, whichever
is shorter.
§5 Order of Self Quarantine. (a) All persons subject to
mandatory self-quarantine shall remain in self-quarantine for
the number of days set forth in Section IV.B. of the emergency
proclamation, which period commences the day of arrival, or the
EXHIBIT B
duration of the person’s presence in the State of Hawaii,
whichever is shorter.
(b) Any person subject to such quarantine violates this
section if the person intentionally, knowingly or recklessly:
(1) Refuses or fails to truthfully, accurately and fully
complete the Order for Self-Quarantine;
(2) Refuses or fails to enter or remain within the
confines of the quarantine location designated by
the person to the Director of Emergency Management
or the Director’s authorized representative for the
period of self-quarantine;
(3) Refuses or fails to follow any of the orders
contained within the Order for Self-Quarantine; or
(4) Refuses or fails to obey the orders of the Director
of Emergency Management or the Director's authorized
representative.
§6 Defenses. It shall be an affirmative defense to a
violation of Sections 4 and 5 of the Rules Relating to COVID-19
Health Screening Process and Travel Self-Quarantine if the
person:
(1) Enters the State by recreational boat into the State’s
small boat (non-commercial) harbors that had been at
sea for at least 10 consecutive days before entering
State waters and has no persons on board who are ill
or are exhibiting symptoms of COVID-19;
(2) Obtains a negative COVID-19 test result from a Trusted
Testing Partner test administered within 72 hours from
the final leg of departure and whose negative test
results are either uploaded into the State’s Safe
Travels program or provided [in written hard copy]
upon arrival in the State;
(3) Applies for an exemption from mandatory self-
quarantine through travelexemption.hawaii.gov and
receives confirmation of the exemption from
covidexemption@hawaii.gov, and breaks self-quarantine
for the sole purpose of performing critical
infrastructure functions, wears appropriate protective
gear, and follows the safe practices identified in the
Proclamation; or
(4) Is otherwise exempt from the self-quarantine
requirements.
§7 Costs to be Paid by Quarantined Person. Any person
under the mandatory self-quarantine prescribed by these rules
shall be responsible for all costs associated with that person's
quarantine, including transport, lodging, food, medical care,
and any other expenses to sustain the person during the
self-quarantine period.
EXHIBIT B
§8 Criminal Penalties. (a) Any person who
intentionally, knowingly or recklessly engages in conduct that
violates any of these rules shall be guilty of a misdemeanor and
upon conviction, the person shall be fined not more than $5,000,
or imprisoned not more than one year, or both.
(b) Penalties prescribed by these rules are in addition to
any other lawful penalties established by law.
EXHIBIT C
Rules Relating to Child Care Services Under
Chapter 17-798.2, Hawaii Administrative Rules
§1 Purpose and authority
§2 Eligibility requirements
§3 Method of computing child care payment
§4 Mandatory Reporting
§1 Purpose and authority. These rules are adopted
pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii
Revised Statutes, to respond to the COVID-19 emergency
declared by the Governor. The following amendments are
necessary to enable the Department of Human Services to
assist families who need child care services due to impacts
of the COVID-19 pandemic emergency. These rules have the
force and effect of law.
§2 Eligibility requirements. Section 17-798.2-9,
Hawaii Administrative Rules, is amended to read as follows:
Ҥ17-798.2-9 Eligibility requirements. (a) Depending
upon availability of funds, all children eligible for child
care assistance shall reside with the eligible caretaker
and meet the following requirements:
(1) Be under age thirteen years;
(2) Be thirteen through seventeen years of age with a
physical or mental incapacity that prevents the
child from doing self-care; or
(3) Receive child protective services, and the need
for child care is specified in the family unit’s
case plan as ordered by the court.
(b) A caretaker shall be eligible for child care,
provided the caretaker:
(1) Has a monthly gross income verified through
documentation that does not exceed eighty-five
percent of the State Median Income for a family
of the same size except for:
(A) Individuals who are licensed by the
department or organizations under the
authority of the department, as foster
parents; [or]
(B) Family units receiving child protective
services; or
(C) Family units impacted by any federal-,
state-, or county-declared emergency
proclamation related to a man-made or
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EXHIBIT C
natural disaster, or public health
pandemic situation;
(2) Meets one of the following conditions:
(A) Is engaged in employment in exchange
for wages or salary;
(B) Has a written offer of employment that
is scheduled to start within two weeks;
(C) Needs child care for up to thirty
calendar days during a break in
employment, if employment is scheduled
to resume within thirty days;
(D) Needs up to thirty consecutive days in
a twelve-month period for the caretaker
with or without a work history to job
search, when there is no one to care
for the child, not to exceed the
maximum child care rates as provided
under section 17-798.2-12;
(E) Is enrolled in and attends an
educational program or job training,
vocational, or employment training.
This includes the break time between
classes for the day;
(F) Is participating in the FTW program or
a treatment program as required by
section 17-656.1-10, except for a
participant in the Food Stamp
Employment and Training program, and
the FTW participant is involved in the
required activities written in the FTW
employment or individualized service
plan;
(G) Is receiving child protective services
and the need for child care is
specified in the family unit’s case
plan as ordered by the court;
(H) Is in a two-parent family unit where
one of the caretakers is in an approved
activity and the other caretaker is
determined to have a disability which
prevents the caretaker from providing
care for their own child. Proof of
disability and inability to provide
care of the caretaker’s own eligible
child shall be verified by the written
report of a State-licensed physician,
psychologist, or psychiatrist. In the
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EXHIBIT C
case of a temporary disability, the
written report shall be submitted every
six months;
(I) Is a caretaker participating in an
approved activity and has a temporary
disability that prevents him or her
from engaging in that activity and
providing care for his or her own child
until the activity can be resumed.
Proof of the temporary disability
condition and duration, and inability
to care for the caretaker’s own child
shall be verified by the written report
of a State-licensed physician,
psychologist, or psychiatrist. The
written report shall be reviewed every
thirty days;
(J) Is a caretaker whose child is approved
for participation in the Preschool Open
Doors program; [or]
(K) Is a caretaker under the age eighteen
years who meets any eligibility
condition cited in section 17-798.2-
9(b)(2)(A) through (J), retains custody
of his or her own child, and does not
reside in the same household with his
or her adult caretaker; or
(L) Is a caretaker impacted by any federal-
, state-, or county-declared emergency
proclamation related to a man-made or
natural disaster, or public health
pandemic situation and who needs child
care to search for employment or
prepare for resuming employment; and
(3) Shall establish a reasonable relationship between
the time during which the caretaker participates
in an activity and the time during which child
care is needed.
(c) Child care providers and caregivers:
(1) Shall meet the following conditions in order that
child care payments may be authorized:
(A) Be eighteen years old or older;
(B) Afford caretakers unlimited access to their
children, including written records
concerning their children, during normal
hours of provider operation and whenever the
children are in the care of the provider;
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EXHIBIT C
(C) Be a department regulated or license-exempt
child care provider, including in-home care
providers. License-exempt providers shall be
listed with the department and shall submit
a written statement to the department that
shall attest to their:
(i) Willingness to provide care;
(ii) Rate that will be charged;
(iii) Assurance that the provider
premises are safe from hazards in
accord with subparagraphs (G) and (H);
and
(iv) Address and telephone number;
(D) Have no known history of child abuse or
neglect, physical, psychological or
psychiatric problems, or criminal
convictions that may adversely affect or
interfere with the care of children;
(E) Provide consent, on forms supplied by the
department, to conduct a background check.
The background check shall be conducted in
accord with sections 17-891.1-3, 17-892.1-3,
17-895-3, or 17-896-3;
Provide consent, on forms supplied by the
department, to conduct an additional
fingerprint check through the Federal Bureau
of Investigations (FBI), except for the
child’s grandparents, great-grandparents,
siblings living in a separate residence and
who are at least eighteen years old, and
aunts or uncles;
(F) Be free of tuberculosis as indicated by a
skin test or chest x-ray completed within
the last twenty-four months of child care;
and
(G) Have a child care facility or home with an
installed smoke detector, unobstructed
emergency exits, and an emergency exit plan.
(2) Shall not be one of the following:
(A) Parents, biological or legal;
(B) Step-parents living in the household;
(C) Guardians, or members of the family unit
that receives government financial
assistance payments, including essential
persons;
(D) Providers who are not in compliance with
State or county regulatory requirements;
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EXHIBIT C
(E) Individuals under the age of eighteen years;
(F) Other individuals determined by the
department to pose a risk to the health and
safety of the child;
(G) A sibling of the child needing care who
resides in the same home as the child; or
(H) A caretaker.
(d) The department shall:
(1) Verify that the child and caretaker meet the
eligibility requirements as described in this
chapter;
(2) Establish the eligibility of the child care
provider and caregiver selected by the caretaker,
following the provisions of section 17-798.2-
9(c).
(3) Allow, at the department’s option, for the
presumptive eligibility of a license-exempt
provider selected by the caretaker upon receipt
by the department of the completed and signed
child care certificate and provider confirmation
forms and consent forms for conducting a
background check, provided that the presumptive
eligibility shall end upon completion of the
background check;
(4) Authorize the initial and subsequent monthly
child care payments based on sections 17-798.2-9,
17-798.2-10, 17-798.2-12, 17-798.2-13, 17-798.2-
14, 17-798.2-15,17-798.2-16, 17-798.2-17, 17-
798.2-18, 17-798.2-20, 17-798.2-21, 17-798.2-29,
and 17-798.2-35;
(5) Review eligibility no less than every six months
and whenever changes that affect eligibility are
reported; and
(6) Track and monitor appropriateness and utilization
of child care and payments.”
§3 Method of computing child care payment. Section
17-798.2-14, Hawaii Administrative Rules, is amended to
read as follows:
Ҥ17-798.2-14 Method of computing child care payment.
(a) The following will be used to compute the child care
payment:
(1) Monthly gross income;
(2) The caretaker’s hours of activity, except for
individuals identified in sections 17-798.2-
9(b)(2)(G), (J), and (L);
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EXHIBIT C
(3) The caretaker’s relationship to the child who
reside with the caretaker, and the age of the
child who needs care;
(4) The child care provider;
(5) The cost and hours of child care;
(6) The type of child care; and
(7) The need for care.
(b) The child care payment amount shall be determined
by:
(1) Counting the caretaker’s activity hours to be
engaged in for the month, as referenced in
section 17-798.2-14(a)(2), comparing these
activity hours with the child care hours needed,
and always choosing the lesser hours; provide
that:
(A) This is not needed for child protective
services reasons as ordered by the court;
(B) This is not required for the Preschool Open
Doors program;
(C) In the case of a caretaker who is
temporarily disabled in accordance with
subparagraph 17-798.2-9(b)(2)(I), the
activity hours shall be the same as the
activity hours that the caretaker had prior
to the temporary disability; and
(D) This is not required for a caretaker
impacted by any federal-, state-, or county-
declared emergency proclamation related to a
man-made or natural disaster, or public
health pandemic situation and who needs
child care to search for employment or
prepare for resuming employment.
(2) Identifying the type of child care selected and
approved for each qualifying child, and using the
child care rate table, Exhibit I, to select the
appropriate rate for the care type that supports
the hours needed for child care; provided that:
(A) For child protective services need is based
on the number of hours of child care
specified in the court order;
(B) For the Preschool Open Doors program need is
based on the number of hours child care
requested by a caretaker; and
(C) For a caretaker impacted by any federal-,
state-, or county-declared emergency
proclamation related to a man-made or
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EXHIBIT C
natural disaster, or public health pandemic
situation, need is based on full-time care.
(3) Comparing the child care allowance determined by
subparagraphs (b)(1) and (2) and the actual child
care cost, and choosing the lesser amount.
(4) Determining the family unit’s co-payment
(conversely, the percentage of the department’s
maximum rate allowable) based on the family
unit’s monthly gross income, and using the co-
payment rates established in Exhibit III, dated
October 1, 2009, attached at the end of this
chapter.
(5) Subtracting the family unit’s co-payment from the
amount determined in subparagraph (b)(3).
(c) The family unit shall be responsible for any
child care costs in excess of the maximum child care rates
specified in section 17-798.2-12.
(d) The family unit shall be responsible to pay its
share of the childcare cost directly to the provider.
(e) The department shall project the family unit’s
eligibility and monthly payments prospectively for the
eligibility period.
(1) The initial payment shall be calculated from the
date of eligibility to the end of the month,
which may be for less than a full month, and
shall be considered the first month of the
eligibility period.
(2) When changes are reported during the eligibility
period, the monthly payments shall be
prospectively calculated for the remainder of the
eligibility period.”
§4 Mandatory reporting. Section 17-798.2-15, Hawaii
Administrative Rules, is amended to read as follows:
Ҥ17-798.2-15 Mandatory reporting.(a) A caretaker who
is a recipient of child care payments shall be responsible
to report to the department within ten calendar days when
the following changes occur:
(1) Monthly gross income and the source of the
household income when it is in excess of the eighty-five
per cent of the State Median Income for a family of the
same size, except for:
(A) Department-licensed foster parents with
approved activities that need child care;
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EXHIBIT C
(B) Family units that receive child protective
services; or
(C) Family units that are impacted by any
federal-, state-, or county-declared
emergency proclamation related to a man-made
or natural disaster, or public health
pandemic situation.
(2) Address changes, including:
(A) Place of residence; and
(B) Mailing address;
(3) Household composition;
(4) Marital status;
(5) Child care provider;
(6) Cost of care;
(7) Child care type;
(8) Loss of activity,
(A) Except for family units that receive only
Preschool Open Doors services;
(B) Except for family units that receive child
protective services; or
(C) Except for family units that are impacted by
any federal-, state-, or county-declared
emergency proclamation related to a man-made
or natural disaster, or public health
pandemic situation; and
(9) Closure of the child protective services case.
(b) Changes may be reported in writing, in person, or
by telephone, and shall be supported by verifying
documentation.
(c) When changes are reported pursuant to this
section, the department shall take action on the reported
changes and calculate payments for the balance of the
eligibility period, after timely and adequate notice.
(1) Changes that are reported within ten calendar
days of the occurrence shall be implemented in
the first month following the month in which the
change was reported;
(2) Changes that are reported after ten calendar days
of the occurrence, that result in a higher
payment, shall be implemented in the second month
following the month in which the change was
reported; and
(3) Changes that are reported that result in a lower
payment shall be implemented in the first month
following the month in which the change was
reported, and the department shall recover any
overpayments from the date of the occurrence.”
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EXHIBIT D
Rules Relating to Notaries Public
§1 Purpose and authority
§2 Social distancing
§3 Notarial acts utilizing audio-visual technology
§4 Remote witnessing of will (or codicil as the case may be)
containing self-proving affidavit
§1 Purpose and authority. These rules are adopted
pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii
Revised Statutes, to respond to the COVID-19 emergency declared
by the Governor, specifically to enable Hawaii notaries to
perform notarial acts while complying with social distancing
guidelines. These rules have the force and effect of law.
§2 Social distancing. (a) The notary public shall
take every reasonable precaution to perform notarial acts in
compliance with all orders and social distancing guidelines
relating to the COVID-19 emergency.
(b) Notaries public will not be required to perform
notarial acts if they believe social distancing guidelines to
ensure health and safety cannot be followed.
(c) Nothing in these rules shall be construed to require
the notary public to perform notarial acts utilizing audio-
visual technology.
§3 Notarial acts utilizing audio-visual technology.
Notarial acts may be performed by utilizing audio-visual
technology, provided there is compliance with the following
conditions:
(1) The notary public shall have personal knowledge of
the signer or obtain satisfactory evidence of the
identity of the signer by requiring presentation of a
current government-issued identification card or
document that contains the signer’s photograph and
signature to the notary public during the video
conference. Transmittal of the signer’s
identification for purposes of verification to the
notary public prior to or after the video conference
shall not satisfy this condition;
EXHIBIT D
(2) The notary public shall confirm via observation
during the video conference that the signer appears
to be aware of significance of the transaction
requiring a notarial act and is willing to perform
such a transaction. Before any documents are
signed, the notary public must be able to view by
camera the entire space in which the signer is
located;
(3) The video conferencing shall allow for direct
interaction between the signer and the notary
public and shall not be pre-recorded;
(4) The signer shall attest to being physically located
in this State and affirmatively state the name of the
county in which the signer is located, and the
notary public shall confirm as is reasonably possible
that the signer is physically situated in this State;
(5) The notary public shall create an audio-visual
recording of the performance of the notarial act,
including the act of witnessing the will (or codicil,
as the case may be), if applicable, which shall be
kept as part of the notary public's record and stored
as an unsecured audio-visual recording or on a
secured external digital storage such as a flash
drive, DVD, or external hard drive;
(6) The notary public shall deposit with the office of
the attorney general the external digital storage and
the notarial record books within ninety (90) days of
the notary public’s date of the resignation,
expiration of any term of office as a notary public,
or removal from or abandonment of office as a notary
public. The notary public’s representative shall
provide the same upon the notary public’s death;
(7) The notary public shall obtain a legible copy of the
unsigned document to be notarized, which may be
transmitted to the notary public via facsimile or
electronic means, prior to or on the same date of the
execution;
(8) Any persons who are present during the transaction
shall state their names, and the signer shall
affirmatively state what document the signer is
signing;
EXHIBIT D
(9) During the video conference, the signer shall then
sign the document while in clear view of the notary
public;
(10) The notary public shall obtain the signed document
that requires notarization within fourteen
(14) days of the signer signing, and the notarization
date shall be the same as the date of signature;
(11) The notary public may notarize the transmitted copy
of the document and transmit the same back to the
signer;
(12) The notary public shall add a statement to the
notarized document as follows: “This notarial act
involved the use of communication technology enabled
by emergency order”;
(13) The notary public shall enter in the record book in
place of the signature that the notarial act was
performed pursuant to Executive Order 20-02; and
(14) The notary public may repeat notarization of the
original signed document as of the date of
execution provided the notary public receives such
original signed document together with the
electronically notarized copy within sixty (60) days
after the date of execution.
§4. Remote witnessing of will (or codicil as the case
may be) containing self-proving affidavit. The act of
witnessing wills (or codicils as the case may be) may be
performed before a notary public utilizing audio-visual
technology, provided the wills (or the codicils as the case
maybe) contain self-proving language pursuant to section
560:2-504(a), Hawaii Revised Statutes, or any self-proving
affidavit, and there is compliance with the requirements of
section 3 of the Rules herein as well as the following
requirements:
(1) The witness(es) shall have personal knowledge of the
testator or obtain satisfactory evidence of the
identity of the testator by requiring presentation of
a current government-issued identification card or
document that contains the testator’s photograph and
signature to the witness(es) during the video
conference. Transmittal of the testator’s
EXHIBIT D
identification for purposes of verification to the
witness(es) prior to or after the video conference
shall not satisfy this condition;
(2) The notary public shall create a continuous live
audio-visual recording of the performance of
witnessing and notarial acts, which shall be kept
as part of the notary public's record and stored as
an unsecured audio-visual recording or on a secured
external digital storage such as a flash drive,
DVD, or external hard drive;
(3) The video conferencing shall allow for direct
interaction between the testator, witnesses and the
notary public, and shall not be prerecorded. Before
any documents are signed, the witnesses must be able
to view by camera the entire space in which the
testator is located;
(4) During the video conference, the testator shall
declare the testator’s name and that the testator
is signing and executing the testator’s will (or
codicil, as the case may be), and is:
(A) Doing so willingly and voluntarily, and as the
testator’s free and voluntary act for the
purposes therein expressed; and
(B) Eighteen (18) years of age or older, of sound
mind, and under no constraint or undue
influence;
(5) The witnesses shall each state their names and
confirm during the video conference that they are
aware of the significance of their role as
witnesses to the execution of the testator’s will
(or codicil, as the case may be) and are willing to
serve and perform as witnesses;
(6) During the video conference, the testator shall
then sign the will (or codicil, as the case may
be), which contains self-proving language pursuant
to section 560:2-504(a), Hawaii Revised Statutes,
or any self-proving affidavit;
(7) Each witness shall obtain a legible copy of the
signature page(s) of the will (or codicil, as the
case may be), which may be transmitted to each
witness via facsimile or electronic means, prior to
EXHIBIT D
or on the same date that the page(s) are signed by
each witness. This provision shall not be
construed to affect the requirement for the public
notary to obtain all the pages of the document the
public notary is notarizing;
(8) Each witness shall sign the copy of the signature
page(s) of the will (or codicil, as the case may
be) during the video conference, and send the
signed page(s) to the notary public in accordance
to the requirements of section 3 herein;
(9) The will (or codicil, as the case may be) that is
witnessed remotely in accordance with the emergency
rules shall contain a statement as follows: “The
witnessing of this will (or codicil) involved the use
of communication technology enabled by emergency
order”; and
(10) Each witness may repeat the witnessing of the will
(or codicil, as the case may be) as of the date of
execution provided the witness receives such
original signature page(s) together with the
electronically witnessed copies within sixty (60)
days after the date of execution.
EXHIBIT E
Rules Relating to
Sunshine Law and Uniform Information Practices Act
Subchapter 1 Sunshine Law
§1 Purpose and Authority
§2 Limited Suspension
§3 Board Meetings
Subchapter 2 UIPA
§1 Purpose and Authority
§2 Limited Suspension Requirements
SUBCHAPTER 1
SUNSHINE LAW
§1 Purpose and Authority. These rules are adopted pursuant to sections
127A-11, 12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the
COVID-19 emergency declared by the governor and have the force and effect of
law.
§2 Limited Suspension. Chapter 92, HRS, Part I. Meetings, is
suspended to the extent necessary to enable boards as defined in Section 92-2, to
conduct meetings without any board members or members of the public physically
present in the same location. The physical locations of the board members need
not be listed on the agenda.
§2 Board Meetings. (a) Boards are discouraged from meeting during the
emergency disaster relief period and should only be meeting as necessary to
comply with a law, operational necessity, or in furtherance of emergency responses
to COVID-19.
(b) If a board holds a meeting:
(1) Notice of meetings must be electronically posted and electronically
provided to notification lists consistent with section 92-7; however,
posting at the site of the meeting or at a centralized location in a
public building is not required.
(2) Board packets, consistent with Section 92-7.5, must be
electronically posted as soon as practicable under current
conditions.
(3) Boards must accept written testimony from the public.
(4) Boards must comply with the requirements to keep and
electronically post meeting minutes consistent with Section 92-9.
(5) The quorum requirements in Section 92-15 must be met for all
meetings.
EXHIBIT E
(c) If a board has the staffing, technological and other resources to
hold a secure video-teleconference (i.e., video and audio), it must in good faith
attempt to provide the public with the opportunity to observe the meeting as it
happens and an opportunity to provide oral testimony. No board action shall be
invalid if the board’s good faith efforts to implement remote technology for public
observations and comments do not work.
(d) If a board does not have the staffing, technological or other
resources to hold a secure video-teleconference (i.e., it is limited to audio only),
it must provide the public with the opportunity to listen to the teleconference as it
happens and should make a good faith effort to provide the public with the
opportunity to provide oral testimony.
(e) Boards are encouraged to consider the following guidelines:
(1) Board members should be clearly visible and/or audible consistent
with the remote technology used by the board.
(2) At the start of all meetings, the presiding officer should announce
the names of the participating members.
(3) For audio-only teleconferencing, each speaker should repeat their
name before making remarks.
(4) Votes should be conducted by roll call so that it is clear how each
board member voted.
(5) To preserve the executive nature of any portion of a meeting
closed to the public, the presiding officer should confirm with staff
that no unauthorized person is present and has access to the
executive session.\
(6) When resources exist to readily do so, boards should record
meetings and make the recordings electronically available to the
public as soon as practicable after a meeting.
SUBCHAPTER 2
UNIFORM INFORMATION PRACTICES ACT
§1 Purpose and Authority. These rules are adopted pursuant to sections
127A-11, 12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the
COVID-19 emergency declared by the governor and have the force and effect of
law.
§2 Limited Suspension Requirements. Chapter 92F, HRS, uniform
information practices act (UIPA), and Chapters 71 and 73, Title 2 of the Hawaii
Administrative Rules, are suspended to the extent they contain any deadlines for
agencies or the Office of Information Practices (OIP), relating to requests for
government records and/or complaints to OIP, subject to the following minimum
requirements:
(1) UIPA response deadlines are suspended for agencies only if:
(A) Compliance requires review of hard copy files that are
EXHIBIT E
not accessible during the declared COVID-19
emergency;
(B) Tasking staff to comply with the deadline will directly
impair the agency’s COVID-19 response efforts; or
(C) The agency is processing backlogged requests for
government records (UIPA Requests) in good faith
with reasonable effort.
(2) An agency that relies on the suspended deadlines in this Proclamation
must comply with the following minimum requirements:
(A) Agencies must acknowledge receipt of UIPA Requests. If a request
is not acknowledged, the requester may ask OIP to verify that the
agency received the UIPA Request.
(B) Agencies must retain UIPA Requests and may not destroy
requested records while a UIPA Request is pending.
(C) Agencies must respond to communications from requesters on
the status of their UIPA Request and if the agency is able, may
provide a requester with a non-binding inclination of whether a
request will be granted or denied and any suggestions to narrow
or modify the request to expedite processing.
(D) Agencies processing backlogged UIPA Requests must give
priority to:
(i) UIPA Requests that do not require redaction or
substantial review of records; and
(ii) UIPA Requests made in the public interest
where the requester has the primary intent and
actual ability to widely disseminate the
requested information to the general public
(E) Upon request, agencies must provide at no cost to the
requester an up-to-date list of pending requests for
government records submitted to the agency (i.e.,
those requests that were made under Part II (freedom
of information) of the UIPA and also are pending due
to deadlines suspended as provided by this Exhibit F).
The list must identify at a minimum the requester and
the date of the request to permit requesters to track
their requests.
(F) Requests for government records not answered during the
emergency relief period must be answered in a reasonable
period of time following termination of the suspension of laws.
(3) An agency that does not rely on the suspended deadlines need
not follow these minimum requirements and is encouraged to
resolve the backlogged UIPA requests expeditiously.
EXHIBIT F
RULES RELATING TO
SAFETY GUIDELINES FOR
BARBERS AND BEAUTY
OPERATORS
(amended)
§1 Purpose and authority
§2 Social distancing
§3 Definitions
§4 Barber shops and beauty shops; sanitation
§5 COVID-19 infection mitigation and social distancing;
preopening and ongoing safety protocol
§6 Closures
§1 Purpose and authority. These rules are adopted
pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised
Statutes, to respond to the COVID-19 emergency declared by the
Governor, specifically to enable Hawaii licensed barbers and
beauty operators to perform services while complying with social
distancing guidelines. These rules have the force and effect of
law.
§2 Social distancing. The barber or beauty operator shall
take every reasonable precaution to operate in compliance with
all orders and social distancing guidelines relating to the
COVID-19 emergency.
§3 Definitions.
"Department" means Department of Commerce and Consumer
Affairs.
"Disinfection" means the process that eliminates many
or all pathogenic organisms, except bacterial spores, on
inanimate objects.
"Operator" means barber as defined in section 438-1,
Hawaii Revised Statutes and beauty operator as defined in
section 439-1, Hawaii Revised Statutes.
"Sanitation" means the treatment of a clean surface
for the destruction of micro-organisms including
pathogens.
"Shop" means all barber shops as defined in section
438-1, Hawaii Revised Statutes and beauty shops as defined
in section 439-1, Hawaii Revised Statutes.
"State" means the State of Hawaii.
"Sterilization" means a process that destroys or
eliminates all forms of microbial life by physical or
chemical methods.
"Ventilation" means the production and maintenance by
natural or mechanical means of atmospheric conditions
EXHIBIT F
favorable to health and comfort.
§4 Barber shops and beauty shops; sanitation. (a)
General sanitation requirements.
(1) No person shall operate a shop in connection
with any other business or dwelling unless there
is a partition from the floor to the ceiling,
separating the shop from such other business or
dwelling. Nothing here shall prohibit the sale
of tobacco, newspapers, or shoe shining in
shops.
(2) No shop shall be used as a living, cooking, or
sleeping facility, nor shall any such facility
adjoining a shop have a direct opening into
such shop.
(3) Articles of food and beverages, except water,
shall not be sold, kept for sale, or stored in
any shop, and shops shall be separated by a
tight partition or separate entry from any
place where articles of food and beverages are
sold, kept for sale, or stored.
(4) The walls, floors, ceilings, furniture and
fixtures, and all other parts and surfaces of
every shop shall be kept clean at all times.
(5) Every shop shall be kept in good repair, and
shall be properly and adequately lighted and
ventilated.
(6) Every shop shall be provided with adequate
sanitary facilities, including toilets, hot and
cold running water, and sinks or wash basins.
Plumbing shall comply with the applicable
county plumbing code. Toilets shall be located
in suitably and properly ventilated toilet
rooms with self-closing doors.
(b) Sanitary practice requirements.
(1) No operator shall use in any shop any astringent
in lump or styptic pencil form, sponge, lump
alum, powder puff, neck duster, shaving brush,
or shaving mug on a customer.
(2) No operator shall stop the flow of blood by
using alum or other material unless applied in
liquid form or in powdered form applied with a
clean towel.
(3) No operator shall use razors, shears, scissors,
clippers, tweezers, finger bowls, or combs, or
EXHIBIT F
any like article on any customer unless the
item has been thoroughly cleaned and
disinfected since last used. All such
instruments shall be thoroughly cleaned and
disinfected by a method recommended by the
Centers for Disease Control and Prevention, the
Environmental Protection Agency, and/or the
Occupational Safety and Health Administration.
After disinfecting, instruments shall be stored
in a manner to prevent contamination, or be
disinfected again immediately before re-use.
All disinfectants shall be approved by the
Environmental Protection Agency.
(4) No operator shall remove or attempt to remove
any wart, mole, pimple, ingrown hair, or
undertake any like treatment unless properly
trained in medical science. Cleaning of ears is
prohibited.
(5) Every operator shall wash his or her hands
thoroughly with soap and hot water and dry his
or her hands with sanitary towels or hand drying
devices immediately before attending any person,
and shall wear at all times a clean uniform or
outer coat or apron.
(6) Towels or other fabrics that come in contact
with the skin or hair of a customer shall not be
used on more than one customer without being
laundered in an acceptable manner or subjected
to a sterilizing process approved by the Center
for Disease Control and Prevention before again
being used on a customer.
(7) Prior to serving any customer, the headrest of
any chair to be used by said customer shall be
properly disinfected and covered with a clean
towel or a clean sheet of paper.
(8) All towels and other linens used in any shop
shall be kept in a closed cabinet at all times
when not in use.
(9) All creams, tonics, cosmetics, and other
applications used for customers shall be kept in
clean closed containers.
(10) A clean strip of cotton, towel, or paper band
shall be placed around the neck of each customer
served, so that at no time will hair, cloth, or
cape come in contact with the neck or skin on the
EXHIBIT F
customer.
(11) No person shall commit any insanitary practice or
act in a shop sink or wash basin, such as brushing
teeth, expectorating, or gargling.
§5 COVID-19 infection mitigation and social
distancing; preopening and ongoing safety protocol.
(a) Preopening safety protocols.
(1) Thoroughly clean and disinfect all fixtures,
furnishings, equipment, doorways, work
stations, and restrooms. Check and replace
various filters such as heating, ventilation,
air conditioning, and hair dryers.
Disinfectants shall be EPA-registered and
labeled as bactericidal, virucidal and
fungicidal.
(2) Evaluate the layout and arrange seats at least
six feet apart. Consider adding spacing between
booths, shampoo sinks, divider shields, sneeze
shields, and/or alternative work schedules to
accomplish this. Consider using the front and
rear doorways to establish one- way traffic
through the shop. Remove items such as candy
dishes, self-serve coffee, product samples,
magazines, and paper reading products from the
common area.
(3) Have hand sanitizer available for all employees
and clients.
(4) Take inventory of personal protective equipment
(PPE), cleaning products, and EPA-registered
disinfecting products, and order supplies, if
necessary.
(5) Establish new policies requiring employees to
wear a face covering as described and recommended
by the CDC at all times when in the shop, except
while eating or drinking in a break room. Salons
may consider providing face coverings to clients.
Clients should wear a face
covering as described and recommended by the CDC
to the extent possible while receiving services.
(6) Establish new schedules of employees and
appointment policies to minimize the risk of
overcrowding inside the shop. [There should be
no more than ten people in the shop at any time
including staff, provided the six feet]Shops
shall comply with any State or county emergency
EXHIBIT F
order, rule, directive, or proclamation to ensure
that all social distancing and capacity
requirements are met, as applicable. These
policies shall be in writing and shall be posted
to advise the public of the new policies.
(7) Shop owners shall provide training, educational
materials, and reinforcement on proper
sanitation, hand-washing, cough and sneeze
etiquette, and shall ensure that breakrooms are
thoroughly cleaned and sanitized and not used for
congregating by employees.
(b) Ongoing Safety Considerations After Opening
(1) Consider seeing clients by appointment only.
Limit the number of persons in the waiting area
of the shop. It is recommended that clients wait
outside the shop until the operator is ready to
serve them.
(2) The use of a face covering as described and
recommended by the CDC is mandatory for all
employees at all times while in the shop.
Placing a clean towel over the face of the
client while at the sink is a good way to
protect their mouth, nose and eyes. Minimize
to the greatest degree possible, up-close,
direct face-to-face contact with clients.
(3) Before and after each client, require staff to
wash hands with soap and water for at least 20
seconds; properly clean and disinfect all
workstations, shampoo, manicure and pedicure
bowls, implements, and tools; ensure single use
and porous items, such as disposable capes or
cardboard nail files, are new; and follow
manufacturer’s requirements for product use,
formulations, and/or disposal. Consider
placing paper drapes or laundered towels on
chairs.
(4) Employees should frequently wash their hands
after using the phones, computer, cash register
or credit card machine. Wipe all surfaces between
each use.
(5) Advise employees and clients to stay at home if
they are not feeling well. Consider pre-
screening clients and ask if they have traveled
outside the county or experienced any COVID-19
symptoms in the past 14 days. Decline services
for any client that answers yes.
EXHIBIT F
(6) Discontinue the practice of physical social
greetings, such as hugs or handshakes.
(c) Any Operator who contracts COVID-19 or any other
contagious or infectious disease in a communicable
form shall not attend any person in any shop, nor
shall any person afflicted with such disease in
communicable form receive any treatment in any such
establishment. Any operator afflicted with any such
disease shall return to work in a shop only upon a
written statement from a physician that it is safe
for him or her to return to work.
§6 Closures. Upon inspection, if any shop is found in
violation of these rules, it may be closed immediately by public
health officials or by the Department.
EXHIBIT G
RULES RELATING TO
MORTUARIES, CEMETERIES, EMBALMERS, UNDERTAKERS
AND MORTUARY AUTHORITIES
§1 Purpose and Authority
§2 Prohibition on transporting a body to residences and
other places
§3 Definitions
§4 Criminal Penalties
§1 Purpose and Authority. These rules are adopted
pursuant to section 127A-12, 13, 25, 29, and 31, Hawaii
Revised Statutes, to respond to the COVID-19 emergency
declared by the Governor and have the full force and effect
of law. The following are necessary to enable the
Department of Health to effectively prohibit gatherings to
view a decedent’s body outside of mortuaries and cemeteries
governed by Hawaii Administrative Rules, Title 11, Chapter
22. To the extent anything in these rules conflicts with
Title 11, Chapter 22, these rules shall control during the
emergency period.
§2 Prohibition on transporting a body to residences
and other places. Any cemetery, cemetery authority,
mortuary, mortuary authority, or person engaged in the
provision of funeral services or who embalms bodies is
prohibited from transporting a body to a residence or any
other location, unless it is the location of burial
authorized by law.
§3 Definitions.
“Cemetery” means a place dedicated to and used or
intended to be used for the permanent interment of human
remains. It may be either a burial park, for earth
interment; a mausoleum; for vault or crypt interments; a
structure or place used or intended to be used for the
interment of cremated remains; or any combination of one or
more thereof.
“Cemetery or authority” means any person who
undertakes to establish, maintain, manage, operate,
improve, or conduct a cemetery, the interring of human
remains, or the care, preservation, and embellishment of
cemetery property, whether or not the person undertakes
such activity for profit.
EXHIBIT G
“Embalm” means the injection of fluid or agent of
sufficient strength and quantity to accomplish a thorough
disinfection and preservation of a dead human body, the
fluid or agent being injected arterially in addition to
cavity injection.
“Funeral services” means arranging for or providing
for pick-up of human remains, embalming, placing the same
on display, or otherwise providing for final disposition of
human remains.
“Mortuary” means any business providing funeral
services.
“Mortuary authority” means any person who undertakes
to establish, maintain, manage, operate, or conduct funeral
services, regardless as to whether the person undertakes
such activity for profit.
§4 Criminal Penalties. (a) Any person who
intentionally, knowingly, or recklessly engages in
conduct that violates any of these rules shall be guilty
of a misdemeanor and upon conviction, the person shall
be fined not more than
$5,000, or imprisoned not more than one year, or both.
(b) Penalties prescribed by these rules are in
addition to any other lawful penalties established by law.
EXHIBIT H
Rules Relating to State Civil Identification Card
(amended)
§1 Purpose and authority
§2 Duplicate and renewal of state civil identification card
§3 Renewal of duplicate by mail
§1 Purpose and authority. These rules are amended
pursuant to sections 127A-12, 13, and 25, Hawaii
Revised Statutes, to respond to the COVID-19 emergency
declared by the Governor. The following amendments are
necessary to enable the Department of Transportation to
assist persons who need to renew or apply for a duplicate
state civil identification cards, the process of which has
been impeded because of social distancing requirements
resulting from the COVID-19 pandemic emergency. These
rules have the force and effect of law.
§2 Duplicate and renewal of state civil identification
card. Section 19-149-17(a), Hawaii Administrative Rules, is
amended to read as follows:
Ҥ19-149-17 Duplicate and renewal of state civil
identification card. (a) Application may be done by remote
means, except for applicants as stated in §19-149-17(b), and
the applicant must present his or her current state civil
identification card or other acceptable form of identification,
plus provide any required information that may be missing from
the applicant’s record.”
§3 Renewal or duplicate by mail. Sections 19-149-
18(a) and (b), Hawaii Administrative Rules, are amended to
read as follows:
“19-149-18 Renewal or duplicate by mail. (a)
Cardholders may renew by mail, provided the applicant had
previously submitted all required documents and was physically
present for fingerprinting and taking of their photo. The
first renewal by mail will be processed using the picture on
file. The second renewal will require the applicant to submit
updated photo and fingerprints. See subsection (d)(3) below for
obtaining a fingerprint and photo packet.
(b) Persons who lost their card may apply for a
duplicate state civil identification card by mail if there is
no change in name, address or citizenship.”
EXHIBIT I
Face coverings.
All individuals shall wear face coverings over their noses and mouths when in public settings.
The only exceptions to this requirement are:
A. Individuals with medical conditions or disabilities where the wearing of a face
covering may pose a health or safety risk to the individual;
B. Children under the age of 5;
C. While working at a desk or work station and not actively engaged with other
employees, customers, or visitors, provided that the individual’s desk or
workstation is not located in a common or shared area and physical distancing of
at least six (6) feet is maintained;
D. While eating, drinking, smoking, as permitted by applicable law;
E. Inside private automobiles, provided the only occupants are members of the same
household/living unit/residence;
F. While receiving services allowed under a State or county order, rule, or
proclamation that require access to that individual’s nose or mouth;
G. Where federal or state safety or health regulations, or a financial institution’s
policy (based on security concerns), prohibit the wearing of facial coverings;
H. Individuals who are communicating with the hearing impaired while actively
communicating (e.g., signing or lip reading);
I. First responders (police, fire fighters, lifeguards, etc.) to the extent that wearing
face coverings may impair or impede the safety of the first responder in the
performance of his/her duty;
J. While outdoors when physical distance of six (6) feet from other individuals (who
are not members of the same household/living unit/residence) can be maintained
at all times; and
K. As specifically allowed by a provision of a State or county COVID-19 related
order, rule, or proclamation.
An owner or operator of any business or operation shall refuse admission or service to any
individual who fails to wear a face covering, unless an exception applies under this section.
Businesses or operations may adopt stricter protocols or requirements related to face coverings
and face shields. Businesses or operations not enforcing this rule may be subject to enforcement,
including fines and mandatory closure.
Definition: “Face covering” as used herein means a tightly woven fabric (without holes, vents, or
valves) that is secured to the head with either ties or straps, or simply wrapped and tied around the
wearer’s nose and mouth. Face coverings must comply with the recommendations of the Center for
Disease Control and Prevention (“CDC”), as such recommendations may change from time to
EXHIBIT I
time. The current CDC guidelines are available at https://www.cdc.gov/coronavirus/2019-
ncov/prevent-getting-sick/about-face-coverings.html. Examples of compliant homemade masks
and other facial coverings may be found at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-
getting-sick/diy-cloth-face-coverings.html. A medical grade face-covering is not required.
Face shields (plexiglass/clear plastic shields, etc.) are not permitted as substitutes for face
coverings unless an exception to the face covering requirement applies. Individuals who are
unable to wear a face covering due to medical conditions or disabilities where the wearing of a
face covering may pose a health or safety risk to the person, or other exception, are encouraged
to wear a face shield instead.
The wearing of face coverings is intended to complement, not serve as a substitute, for physical
distancing and cleanliness.
Any seller of face coverings, or materials or supplies to make or manufacture such face
coverings, shall abide by Haw. Rev. Stat. §127A-30.
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