Hawaii Revised Statutes > Chapter 91 – Administrative Procedure


§ 91-1	Definitions
§ 91-2	Public information
§ 91-2.5	Fees for proposed and final rules
§ 91-2.6	Proposed rulemaking actions and rules; posting on the lieutenant governor’s internet website
§ 91-3	Procedure for adoption, amendment, or repeal of rules
§ 91-4	Filing and taking effect of rules
§ 91-4.1	Rulemaking actions; copies in Ramseyer format
§ 91-4.2	Rule format; publication of index
§ 91-4.3	Price
§ 91-4.4	Form of publication
§ 91-5	Publication of rules
§ 91-6	Petition for adoption, amendment or repeal of rules
§ 91-7	Declaratory judgment on validity of rules
§ 91-8	Declaratory rulings by agencies
§ 91-8.5	Mediation in contested cases
§ 91-9	Contested cases; notice; hearing; interactive conference technology; records
§ 91-9.5	Notification of hearing; service
§ 91-10	Rules of evidence; official notice
§ 91-11	Examination of evidence by agency
§ 91-12	Decisions and orders
§ 91-13	Consultation by officials of agency
§ 91-13.1	Administrative review of denial or refusal to issue license or certificate of registration
§ 91-13.5	Maximum time period for business or development-related permits, licenses, or approvals; automatic approval; extensions
§ 91-14	Judicial review of contested cases
§ 91-15	Appeals
§ 91-16	Severability
§ 91-17	Federal aid
§ 91-18	Short title

Terms Used In Hawaii Revised Statutes > Chapter 91 - Administrative Procedure

Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement;
"Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee;
"Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions;
"Joint account" means an account payable on request presently or in the future to one or more of two or more parties whether or not mention is made of any right of survivorship;
A "multiple-party account" is any of the following types of account:
(1) a joint account,
(2) a payable-on-death account, or
(3) a trust account. See Hawaii Revised Statutes 560:6-101
Accreditation Commission for Midwifery Education: means the United States Department of Education-recognized commission that provides accreditation and pre-accreditation of certificates, post-baccalaureates, graduate degrees, and pre-certificate programs in nurse-midwifery and midwifery. See Hawaii Revised Statutes 457J-2
Accredited educational institution: means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body. See Hawaii Revised Statutes 453D-1
Acknowledgment: means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document. See Hawaii Revised Statutes 456-1.6
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Administrator: means the individual responsible for planning, organizing, directing, and controlling of the operation of a nursing home. See Hawaii Revised Statutes 457B-2
Adult: means an individual who has attained the age of eighteen years. See Hawaii Revised Statutes 560:5-601
Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 321-502
Adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility. See Hawaii Revised Statutes 321-15.1
Advanced life support: means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury. See Hawaii Revised Statutes 321-222
Advanced practice registered nurse: means a registered nurse who has met the qualifications for advanced practice registered nurse licensure set forth in this chapter and through rules of the board, which shall include educational requirements. See Hawaii Revised Statutes 457-2
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Advisory committee: means the emergency medical services advisory committee. See Hawaii Revised Statutes 321-222
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
American Midwifery Certification Board: means the national certifying body for certified nurse-midwife candidates and certified midwife candidates who have received their graduate level education in programs accredited by the Accreditation Commission for Midwifery Education. See Hawaii Revised Statutes 457J-2
Amortization: Paying off a loan by regular installments.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Architect: means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, including aesthetic and structural design, or observation of construction, in connection with any private or public buildings, structures, or projects or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health, or property is concerned or involved, when the professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, and the physical sciences. See Hawaii Revised Statutes 464-1
Arrest: Taking physical custody of a person by lawful authority.
Assisted living facility: means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 321-15.1
Assisted living facility: means a combination of housing, health care services, and personalized support services designed to respond to individual needs, and to promote choice, responsibility, independence, privacy, dignity, and individuality. See Hawaii Revised Statutes 323D-2
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authorizing statute: means any statute which authorizes the issuance of bonds. See Hawaii Revised Statutes 39-161
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Basic life support: means initiating noninvasive emergency patient care designed to optimize the patient's chances of surviving the emergency situation. See Hawaii Revised Statutes 321-222
Behavioral medicine: means therapy techniques including biofeedback, relaxation training, hypnosis, mindfulness-based stress reduction, and cognitive therapy. See Hawaii Revised Statutes 455-1
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Biological risk: means prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the developing central nervous system which increase the probability of delayed development. See Hawaii Revised Statutes 321-351
Birth defect: means an abnormality of structure, function, or body metabolism present at birth that adversely affects a child's health and development, results in a physical or mental disability, or is fatal. See Hawaii Revised Statutes 321-421
Board: means the board of psychology. See Hawaii Revised Statutes 465-1
Board: means the board of naturopathic medicine. See Hawaii Revised Statutes 455-1
Board: means the state board of nursing. See Hawaii Revised Statutes 457-2
Board: means the Hawaii board of optometry. See Hawaii Revised Statutes 459-1.5
Board: means the pest control board. See Hawaii Revised Statutes 460J-1
Board: means the board of physical therapy. See Hawaii Revised Statutes 461J-1
Board: means the board of private detectives and guards described in section 463-2. See Hawaii Revised Statutes 463-1
Board: means Hawaii medical board. See Hawaii Revised Statutes 463E-1
Bonds: means any bonds, notes, and other instruments of indebtedness, or lease, lease purchase, or certificates of participation, or other evidence of indebtedness for which a security interest is granted or a pledge made upon revenue or other property to provide for payment or security. See Hawaii Revised Statutes 39-161
bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-31
Capital expenditure: means any purchase or transfer of money or anything of value or enforceable promise or agreement to purchase or transfer money or anything of value incurred by or in behalf of any person for construction, expansion, alteration, conversion, development, initiation, or modification as defined in this section. See Hawaii Revised Statutes 323D-2
Case management: means an ongoing service of shared responsibility between families and professionals that identifies needs and assists in obtaining coordinated, appropriate services and resources. See Hawaii Revised Statutes 321-351
Case management services: means services that assist medically fragile children under the medicaid state plan in gaining access to needed medical, social, educational, and other services. See Hawaii Revised Statutes 321-431
CBRNE event: means the use of chemicals, biological agents, radioactive materials, nuclear devices, or explosives to kill or sicken people, animals, or plants. See Hawaii Revised Statutes 321-441
Certificate of approval: means the certificate issued by the department or its designee that authorizes a person, agency, or organization to operate a community care foster family home. See Hawaii Revised Statutes 321-481
Certificate of need: means an authorization, when required pursuant to § 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
Certified midwife: means a person who holds a current and valid national certification as a certified midwife from the American Midwifery Certification Board, or any successor organization. See Hawaii Revised Statutes 457J-2
Certified nurse aide: means a nurse aide who has met the requirements for certification under § 457A-7 or 457A-8. See Hawaii Revised Statutes 457A-1.5
Certified professional midwife: means a person who holds a current and valid national certification as a certified professional midwife from the North American Registry of Midwives, or any successor organization. See Hawaii Revised Statutes 457J-2
Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 171-1
Chambers: A judge's office.
Child: means a person under eighteen years of age. See Hawaii Revised Statutes 321-342
Child death review information: means information regarding the child and child's family, including but not limited to:
(1) Social, medical, and legal histories;
(2) Death and birth certificates;
(3) Law enforcement investigative data;
(4) Medical examiner or coroner investigative data;
(5) Parole and probation information and records;
(6) Information and records of social service agencies;
(7) Educational records; and
(8) Health care institution information. See Hawaii Revised Statutes 321-342
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Client: means any person who receives home and community-based case management services to reside in a community care foster family home, expanded adult residential care home, or assisted living facility. See Hawaii Revised Statutes 321-481
Client: means a person under the care of a licensed midwife, as well as the person's fetus and newborn child. See Hawaii Revised Statutes 457J-2
Clinical supervision: includes but is not limited to:
(1) Case consultation on the assessment and presenting problem;
(2) Development and implementation of treatment plans;
(3) Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and
(4) Evaluation of the course of treatment. See Hawaii Revised Statutes 453D-1
Common diagnostic procedures: means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, taking of health history, physical examination, radiography, laboratory medicine, and obtaining samples of human tissue as authorized as a minor office procedure. See Hawaii Revised Statutes 455-1
Competency: means the ability of a nurse to integrate knowledge, skills, judgment and personal attributes to practice safely and ethically in the professional nursing position and in accordance with the scope of nationally recognized nursing practices. See Hawaii Revised Statutes 457-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Compulsion: means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss. See Hawaii Revised Statutes 321-511
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Consumer: means a health care facility, health care professional, or health care provider, as defined in § 432E-1, or any individual who is prescribed durable medical equipment as the result of medical necessity. See Hawaii Revised Statutes 321-542
Continuing competency: means the long-term educational and professional process by which an individual undertakes and documents with verifiable evidence a personal learning plan that encompasses a periodic self-assessment of personal strengths and weaknesses as present in the individual's practice as a nurse as well as a commitment to furthering the individual's professional knowledge relating to the nursing field. See Hawaii Revised Statutes 457-2
Continuing education: means courses approved by the American Psychological Association, the Hawaii Psychological Association, or other state or provincial psychological associations. See Hawaii Revised Statutes 465-1
Continuing education courses: means courses approved by a professional association or organization representing a licensed profession whose program objectives are related to naturopathic medicine; provided that the professional association or organization is approved by the board. See Hawaii Revised Statutes 455-1
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Court: means any duly constituted court. See Hawaii Revised Statutes 560:5-601
Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Day care center: includes a place designated for group care for four or more adults or a family home providing care for two or more adults. See Hawaii Revised Statutes 321-492
Deaf or hard of hearing: means any type and degree of permanent hearing loss as assessed by an audiologist or physician specialized in hearing function. See Hawaii Revised Statutes 321-361
Decedent: A deceased person.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Delayed development: means a significant delay in one or more of the following areas of development: cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills. See Hawaii Revised Statutes 321-351
Department: means the department of health. See Hawaii Revised Statutes 321-191
Department: means the department of health. See Hawaii Revised Statutes 321-222
Department: means the department of health. See Hawaii Revised Statutes 321-342
Department: means the department of health. See Hawaii Revised Statutes 321-351
Department: means the department of health. See Hawaii Revised Statutes 321-361
Department: means the department of health. See Hawaii Revised Statutes 321-372
Department: means the department of health. See Hawaii Revised Statutes 321-411
Department: means the department of health. See Hawaii Revised Statutes 321-441
Department: means the department of health. See Hawaii Revised Statutes 321-471
Department: means the department of health. See Hawaii Revised Statutes 321-481
Department: means the department of health. See Hawaii Revised Statutes 321-492
Department: means the department of health. See Hawaii Revised Statutes 321-502
Department: means the department of health unless otherwise specified in this part. See Hawaii Revised Statutes 321-511
Department: means the department of health. See Hawaii Revised Statutes 321-531
Department: means the department of health. See Hawaii Revised Statutes 321-542
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 455-1
Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-31
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457B-2
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457G-1
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
Department: means department of commerce and consumer affairs. See Hawaii Revised Statutes 463E-1
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Designee: means a person, institution, organization, or agency authorized by the department to issue certificates of approval to community care foster family homes and to monitor these homes for certificate compliance and quality assurance. See Hawaii Revised Statutes 321-481
Devise: To gift property by will.
Diagnosis: means using all recognized and accepted physical and laboratory diagnostic procedures including the taking of blood for diagnostic purposes. See Hawaii Revised Statutes 455-1
Diagnostic audiologic evaluation: means an evaluation of the sensitivity of a person 's sense of hearing as assessed by an audiologist or physician specialized in hearing function. See Hawaii Revised Statutes 321-361
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 465-1
Director: means the director of health or the director's designated representatives. See Hawaii Revised Statutes 321-342
Director: means the director of health. See Hawaii Revised Statutes 321-351
Director: means the director of health. See Hawaii Revised Statutes 321-372
Director: means the director of health. See Hawaii Revised Statutes 321-411
Director: means the director of health. See Hawaii Revised Statutes 321-441
Director: means the director of health or the director's designated representative. See Hawaii Revised Statutes 321-471
Director: means the director of health or the director's designated representative. See Hawaii Revised Statutes 321-502
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457A-1.5
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457B-2
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457G-1
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 459-1.5
Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 460J-1
Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 462A-1
Disaster condition: means a sudden catastrophic event that overwhelms public order, causes loss of property or life, and exceeds or disrupts the capabilities of available medical resources to provide medical care within a community. See Hawaii Revised Statutes 455-1
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Distant site: means the location of the nurse delivering services through telehealth at the time the services are provided. See Hawaii Revised Statutes 457-2
Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 456-1.6
Domestic violence: means physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse or malicious property damage between family or household members. See Hawaii Revised Statutes 321-471
Domestic violence fatality review information: means information regarding a victim, including but not limited to:
(1) Social, medical, and legal history;
(2) Death and birth certificates;
(3) Law enforcement investigative information and data;
(4) Medical examiner or coroner investigative information and data;
(5) Parole and probation information and records;
(6) Information and records of social services agencies;
(7) Educational records; and
(8) Health care institution information. See Hawaii Revised Statutes 321-471
Domestic violence fatality review team: means those individuals appointed by the director to review domestic violence fatalities. See Hawaii Revised Statutes 321-471
Dower: A widow
Durable medical equipment: means equipment that is considered a selected product under the Centers for Medicare and Medicaid Services durable medical equipment, prosthetics, orthotics, and supplies competitive bidding program that can stand repeated use; is primarily and customarily used to serve a medical purpose; is generally not useful to a person in the absence of an illness or injury; is appropriate for use in the home; does not contain any prescription drug; and is not considered to be a specialty item, equipment, or service. See Hawaii Revised Statutes 321-542
Durable medical equipment supplier: means a person who sells, dispenses, delivers, or services durable medical equipment. See Hawaii Revised Statutes 321-542
Early intervention services: means services which:
(1) Are provided under public supervision;
(2) Are provided at no cost, except where federal or state law provides for a system of payments by families, including a sliding fee schedule;
(3) Are designed to meet the developmental needs of infants and toddlers with special needs, which include but are not limited to physical development, cognitive development, and self-help skills;
(4) Are provided by qualified professional and paraprofessional personnel;
(5) Are provided in conformity with an individualized family support plan; and
(6) Include but are not limited to: family support, counseling, and home visits; special instruction; speech pathology and audiology; occupational therapy; physical therapy; psychological services; case management services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; and health services necessary to enable the infant or toddler to benefit from the other early intervention services. See Hawaii Revised Statutes 321-351
Educational institution: means public schools as defined under chapter 302A, privately operated schools of lower education, and colleges, the University of Hawaii, and other universities. See Hawaii Revised Statutes 461J-1
Efficacy and safety data: means data from experiments conducted by qualified scientists to determine the efficacy and safety of a nonchemical pest control device. See Hawaii Revised Statutes 460J-1
Elder: means any person as may otherwise be defined by the department, who desires and needs counseling, guidance, and assistance to modify or resolve the social, economic, educational, recreational, physical, or mental problem that impedes the person's personal functioning and well-being. See Hawaii Revised Statutes 321-492
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 456-1.6
Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Hawaii Revised Statutes 456-1.6
Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. See Hawaii Revised Statutes 321-211
Emergency aeromedical services: means a secondary response system that provides immediate critical care and transport by rotary-wing aircraft of a patient to a facility that provides specialized medical care. See Hawaii Revised Statutes 321-222
Emergency contraception: means one or more prescription drugs used separately or in combination that are:
(1) Used postcoitally within a recommended amount of time;
(2) Used for the purposes of preventing pregnancy; and
(3) Approved by the United States Food and Drug Administration. See Hawaii Revised Statutes 321-511
Emergency medical services for children: means emergency medical services, including preventive, pre-hospital, hospital, rehabilitative, and other post-hospital care for children. See Hawaii Revised Statutes 321-222
Emergency medical services personnel: means any mobile intensive care technician or emergency medical technician who is certified or licensed by the State. See Hawaii Revised Statutes 321-222
Emergency response stockpile: means a strategic supply of drugs, vaccines and other biological products, medical devices, and related supplies maintained by the department to protect or treat the population of the State in the event of a CBRNE event. See Hawaii Revised Statutes 321-441
Environmental risk: means physical, social, or economic factors which may limit development. See Hawaii Revised Statutes 321-351
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Executor: A male person named in a will to carry out the decedent
Expanded adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, and who may need the professional health services provided in an intermediate or skilled nursing facility. See Hawaii Revised Statutes 321-15.1
Expenditure minimum: means $4,000,000 for capital expenditures, $1,000,000 for new or replacement medical equipment and $400,000 for used medical equipment. See Hawaii Revised Statutes 323D-2
Extended care adult residential care home: means an adult residential care home providing twenty-four-hour living accommodation for a fee, for adults unrelated to the licensee. See Hawaii Revised Statutes 323D-2
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family: means :
(1) Each legal parent;
(2) Each natural parent;
(3) The adjudicated, presumed, or concerned natural parent as defined under section 578-2;
(4) Each parent's spouse or former spouses;
(5) Each sibling or person related by consanguinity or marriage;
(6) Each person residing in the same dwelling unit; and
(7) Any other person who, or legal entity that, is a child's legal or physical custodian or guardian, or who is otherwise responsible for the child's care, other than an authorized agency that assumes such a legal status or relationship with the child under chapter 587A. See Hawaii Revised Statutes 321-342
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
Firm: means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity. See Hawaii Revised Statutes 463-1
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Forbearance: A means of handling a delinquent loan. A
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Fumigation: means the use of any substance or substances that emit or liberate gases, fumes, or vapors which may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the board, may be lethal, poisonous, noxious, or dangerous to human life. See Hawaii Revised Statutes 460J-1
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governmental unit: means the State of Hawaii, and any state department, board, commission, officer, authority, agency, public corporation, or instrumentality, or the judiciary. See Hawaii Revised Statutes 39-161
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grantor: The person who establishes a trust and places property into it.
Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guard: means a registered uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. See Hawaii Revised Statutes 463-1
Guard agency: means a licensed firm engaged in the guard business. See Hawaii Revised Statutes 463-1
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
health care service: include 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 provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. See Hawaii Revised Statutes 323D-2
health care services: means the provision of services in an assisted living facility that assists the resident in achieving and maintaining the highest state of positive well-being (i. See Hawaii Revised Statutes 323D-2
Hearing screening: means objective procedures to detect possible hearing loss and determine the need for diagnostic audiologic evaluation and medical evaluation. See Hawaii Revised Statutes 321-361
Hilo community economic district: means the area beginning at the intersection of Manono Street and Kamehameha Avenue, extending south to Piilani Street, east from Piilani Street to Kalanikoa Street to include Hoolulu Park, and west from the intersection of Manono Street and Piilani Street to tax map key 3-2-2-031-001, inclusive along the coastline to Maile Street until its intersection with Kilauea Avenue and then to Aupuni Street and beyond to include the following tax map keys until intersection with Ponahawai Street: 3-2-2-013-003, 3-2-2-012-001, 3-2-2-012-016, 3-2-2-011-01, and 3-2-2-007-018; extending makai to tax map key 3-2-3-002-016, along the coastline and including tax map key 3-2-2-001-006 until intersection with Lihiwai Street; those lands bounded or abutting Lihiwai Street, inclusive through Banyan Drive until its intersection with Kamehameha Avenue; from Kamehameha Avenue at its intersection with Kalanianaole Avenue and extending east on Kalanianaole Avenue to include those abutting lands until tax map key 3-2-1-010-033 on the mauka side of the road and tax map key 3-2-1-01-1010 on the makai side of Kalanianaole Avenue, to include also any of those lands on Ocean View Drive makai of Kalanianaole Avenue and the lands mauka on Silva Street and Keaa Street; the lands within the Hilo airport area managed by the department of land and natural resources as identified on tax map key 3-2-1-12; and the lands abutting or bounded by Kanoelehua Avenue extending south to Makaala Street, then east on Makaala Street to Railroad Avenue then north on Railroad Avenue until Leilani Street and east on Leilani Street until tax map key 3-2-2-037-144, then west on Leilani Street until its intersection with Kanoelehua Avenue; and all those lands abutting or bounded by Pohaku Street, Kukila Street, Halekauila Street, and Lanikaula Street as identified on tax map key 3-2-2-58; on Kanoelehua Avenue heading north from Makaala Street those lands mauka including those lands on Makaala Street, Holumua Street, Pookela Street, Wiwoole Street, and Kawili Street as identified on tax map key 3-2-2-049 and 3-2-2-050; then on Kanoelehua Avenue North from Kawili Street and Kalanikoa Street from Piilani Street until they intersect with Kamehameha Avenue. See Hawaii Revised Statutes 171-191
home: means a home that:
(1) Is regulated by the department in accordance with rules that are equitable in relation to rules that govern expanded adult residential care homes;
(2) Is issued a certificate of approval by the department or its designee to provide, for a fee, twenty-four-hour living accommodations, including personal care and homemaker services, for not more than two adults at any one time, at least one of whom shall be a medicaid recipient, who are at the nursing facility level of care, who are unrelated to the foster family, and who are receiving the services of a licensed home and community-based case management agency; provided that:
(A) The department, in its discretion, may certify a home for a third adult who is at the nursing facility level of care and is a medicaid recipient; provided further that:
(i) The home has been certified and in operation for not less than one year;
(ii) The primary caregiver is a certified nurse aide, as defined in section 457A-1. See Hawaii Revised Statutes 321-481
Home and community-based case management agency: means any person, agency, or organization licensed by the department to provide, coordinate, and monitor comprehensive services to meet the needs of clients whom the agency serves in a community care foster family home or any medicaid clients in an expanded adult residential care home, or an assisted living facility. See Hawaii Revised Statutes 321-481
Homeopathic: means minute doses of substances that have been highly diluted and shaken according to standardized pharmaceutical methods. See Hawaii Revised Statutes 455-1
Hospice home: means any facility operated by a licensed hospice service agency providing twenty-four-hour living accommodations to no more than five unrelated persons who are admitted for hospice service. See Hawaii Revised Statutes 321-15.1
Hospital: means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14. See Hawaii Revised Statutes 321-511
Household pests: means those pests other than wood-destroying pests which invade households and other structures, including, but not limited to, rodents, vermin, insects, and birds. See Hawaii Revised Statutes 460J-1
Hygiene and immunization: means the use of preventative techniques including personal hygiene, asepsis, public health, and, to the extent allowed by rule, immunizations. See Hawaii Revised Statutes 455-1
In a representative capacity: means acting as:
(1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(2) A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;
(3) An agent or attorney-in-fact for a principal; or
(4) An authorized representative of another in any other capacity. See Hawaii Revised Statutes 456-1.6
Incapacitated person: means a person as defined in § 560:5-102. See Hawaii Revised Statutes 560:5-601
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Infant: means a child from birth to thirty-six months of age. See Hawaii Revised Statutes 321-361
Infants and toddlers with special needs: means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk. See Hawaii Revised Statutes 321-351
Informed assent: means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequences of the procedure and, insofar as the ward is able to, indicates willingness and choice to undergo sterilization. See Hawaii Revised Statutes 560:5-601
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Institution of higher education: means a university, professional school, or other institution of higher learning that:
(1) In the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education;
(2) In Canada, holds a membership in the Association of Universities and Colleges of Canada; or
(3) In other countries, is accredited by the respective official organization having such authority. See Hawaii Revised Statutes 465-1
Institutional review board: means an institutional review board established in accordance with 7 Code of Federal Regulations 1c. See Hawaii Revised Statutes 321-421
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 321-502
Inter vivos: Transfer of property from one living person to another living person.
Interconception: means care provided to mothers between pregnancies to improve health outcomes for women, newborns, and children. See Hawaii Revised Statutes 457J-2
Interested person: means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient, or as otherwise provided in this chapter. See Hawaii Revised Statutes 560:5-601
Intestate: Dying without leaving a will.
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Judge: means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2. See Hawaii Revised Statutes 560:5-601
Jurisprudence: The study of law and the structure of the legal system.
Land surveying: means any professional service or work which involves the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features on the surface and immediate subsurface of the earth, or on the beds or surface of bodies of water, for the purpose of determining, establishing, describing, displaying, or interpreting the size, shape, topography, elevation datum planes, legal or geodetic location or relocation, or orientation of improved or unimproved real property and appurtenances thereto, including acreage. See Hawaii Revised Statutes 464-1
land surveyor: means a person who holds oneself out as able to practice, or who does practice, land surveying in this State. See Hawaii Revised Statutes 464-1
Landscape architect: means a person who holds oneself out as able to perform, or who does perform, any professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and observation of construction where the dominant purpose of the services is:
(1) The preservation and enhancement of land uses and natural land features;
(2) The location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and
(3) The design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading. See Hawaii Revised Statutes 464-1
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means an approval issued by the department or its authorized agents for a person, agency, or organization to operate as a home and community-based case management agency. See Hawaii Revised Statutes 321-481
License: means a pilot's license issued pursuant to this chapter. See Hawaii Revised Statutes 462A-1
Licensed: means the authority to engage in the autonomous practice of psychology. See Hawaii Revised Statutes 465-1
Licensed mental health counselor: means a person:
(1) Who engages in the practice of mental health counseling and uses the title of licensed mental health counselor;
(2) Who has been issued a license under this chapter; and
(3) Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 453D-1
Licensure and discipline data: means identifying information that includes but is not limited to the licensee's name, address, social security number, date of birth, and nursing education. See Hawaii Revised Statutes 457-2
Lien: A claim against real or personal property in satisfaction of a debt.
Measure: means any act, certificate, resolution, statute, or other enactment authorizing the issuance of bonds or authorizing an indenture with respect to bonds pursuant to an authorizing statute. See Hawaii Revised Statutes 39-161
Medically fragile children: means children under the age of twenty-one with complex medical conditions that may or may not require technological interventions, including but not limited to ventilator care, tracheostomy care, catheterizations, parenteral nutrition, complex enteral feeding, and complex wound care. See Hawaii Revised Statutes 321-431
Medicare or medicaid certified nursing facility: means any intermediate care facility or skilled nursing facility licensed pursuant to section 321-11(10) and certified by the department of health in accordance with 42 United States Code §§ 1395i-3 and 1396r. See Hawaii Revised Statutes 457A-1.5
Medicare or medicaid nurse aide: means a certified nurse aide who works in a medicare or medicaid certified nursing facility. See Hawaii Revised Statutes 457A-1.5
Midwife: means a person licensed under this chapter. See Hawaii Revised Statutes 457J-2
Midwifery: means the provision of one or more of the following services:
(1) Assessment, monitoring, and care during pregnancy, labor, childbirth, postpartum and interconception periods, and for newborns, including ordering and interpreting screenings and diagnostic tests, and carrying out appropriate emergency measures when necessary;
(2) Supervising the conduct of labor and childbirth; and
(3) Provision of advice and information regarding the progress of childbirth and care for newborns and infants. See Hawaii Revised Statutes 457J-2
Midwifery Education Accreditation Council: means the independent, nonprofit organization recognized by the United States Department of Education as an accrediting agency of direct-entry midwifery institutions and programs. See Hawaii Revised Statutes 457J-2
Minor office procedures: means care and procedures relative to superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures not including the eye; and the topical and parenteral use of substances consistent with the practice of naturopathic medicine, in accordance with rules established by the board. See Hawaii Revised Statutes 455-1
modify: includes the erection, building, reconstruction, modernization, improvement, purchase, acquisition, or establishment of a health care facility or health care service; the purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision therefor; the arrangement or commitment for financing the offering or development of a health care facility or health care service; any obligation for a capital expenditure by a health care facility; and studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary for any such undertaking, which will:
(1) Result in a total capital expenditure in excess of the expenditure minimum,
(2) Substantially modify, decrease, or increase the scope or type of health service rendered, or
(3) Increase, decrease, or change the class of usage of the bed complement of a health care facility. See Hawaii Revised Statutes 323D-2
month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
multiple-party account: is a ny of the following types of account:
(1) a joint account,
(2) a payable-on-death account, or
(3) a trust account. See Hawaii Revised Statutes 560:6-101
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Naturopathic formulary: means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice. See Hawaii Revised Statutes 455-1
Naturopathic medicine: means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body. See Hawaii Revised Statutes 455-1
Naturopathic physician: means a person who holds a current license issued under this chapter to practice naturopathic medicine. See Hawaii Revised Statutes 455-1
NCSBN: means the National Council of State Boards of Nursing. See Hawaii Revised Statutes 457-2
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonchemical pest control device: means any device that purports to eliminate or control pests by attracting, repelling, or killing pests without the use of chemicals. See Hawaii Revised Statutes 460J-1
North American Registry of Midwives: means the organization that sets national standards for the certified professional midwife credential. See Hawaii Revised Statutes 457J-2
Notarial act: includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. See Hawaii Revised Statutes 456-1.6
Notary public: means an individual commissioned to perform a notarial act by the attorney general under this chapter. See Hawaii Revised Statutes 456-1.6
Nurse: means a person licensed under this chapter or a person who holds a license under the laws of another state or territory of the United States that is equivalent to a license under this chapter. See Hawaii Revised Statutes 457-2
Nurse aide: means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. See Hawaii Revised Statutes 457A-1.5
Nursing home: means any nursing facility licensed by the department of health. See Hawaii Revised Statutes 457B-2
Nursys: means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. See Hawaii Revised Statutes 457-2
Nutrition and food science: means the prevention and treatment of disease or other human conditions through the use of diet. See Hawaii Revised Statutes 455-1
oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
Oath: A promise to tell the truth.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Occupational therapist: means a person who engages in the practice of occupational therapy in this State. See Hawaii Revised Statutes 457G-1
Occupational therapy assistant: means a person who engages in the practice of occupational therapy under the supervision of and in partnership with an occupational therapist. See Hawaii Revised Statutes 457G-1
Originating site: means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a nurse through telehealth, including but not limited to a nurse's or health care provider's office, hospital, health care facility, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient. See Hawaii Revised Statutes 457-2
Oversight: Committee review of the activities of a Federal agency or program.
Parenteral therapy: means the administration of substances by means other than through the gastrointestinal tract, including intravenous, subcutaneous and intramuscular injection. See Hawaii Revised Statutes 455-1
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Hawaii Revised Statutes 560:6-101
Person: means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county. See Hawaii Revised Statutes 323D-2
Person with developmental or intellectual disabilities: means an adult with a developmental or intellectual disability. See Hawaii Revised Statutes 321-502
Personal property: All property that is not real property.
Pest control: means , with respect to wood-destroying pests, or other pests which may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or performing the following for hire:
(1) Identifying pests or infestations;
(2) Making an inspection for the purpose of identifying or attempting to identify infestations of household or other structures by pests;
(3) Making inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to infestations; or
(4) Making contracts, or submitting bids for, or the use of avicides, insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances, or mechanical devices, for the purpose of eliminating, exterminating, controlling, or preventing infestations of pests or organisms. See Hawaii Revised Statutes 460J-1
Pest control operator: means any person who personally or through others offers to undertake or practice, or holds oneself out as being able to undertake or practice, or does undertake or practice pest control. See Hawaii Revised Statutes 460J-1
Physical modalities: means use of physical, chemical, electrical, and other means, including but not limited to heat, cold, air, light, including lasers, water in any of its forms, sound, massage, and therapeutic exercise. See Hawaii Revised Statutes 455-1
Physical therapist: means a person who is licensed to practice physical therapy in this State. See Hawaii Revised Statutes 461J-1
Physical therapist assistant: means a person who is licensed as a physical therapist assistant in the State and assists the physical therapist in selected components of treatment or intervention. See Hawaii Revised Statutes 461J-1
physical therapy services: means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, pain from injury, disease, and any other physical or mental condition as performed by a physical therapist appropriately licensed under this chapter. See Hawaii Revised Statutes 461J-1
Physician: means a doctor of medicine or osteopathy who is legally authorized to practice medicine and surgery by the State. See Hawaii Revised Statutes 323D-2
Pilot: means a state pilot licensed pursuant to this chapter as a port pilot or a deputy port pilot. See Hawaii Revised Statutes 462A-1
Pilotage waters: means the waters of this State covered by this chapter. See Hawaii Revised Statutes 462A-1
Plaintiff: The person who files the complaint in a civil lawsuit.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Podiatric medicine: means the medical, surgical, mechanical, manipulative, and electrical diagnosis and treatment of the human foot, malleoli, and ankle, including the surgical treatment of the muscles and tendons of the leg governing the functions of the foot, but does not include amputation above the ankle, treatment of systemic conditions, or the use of any anesthetic except local anesthetic. See Hawaii Revised Statutes 463E-1
Podiatrist: means a person in the professional practice of podiatric medicine. See Hawaii Revised Statutes 463E-1
Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, including the actual use of the tobacco product. See Hawaii Revised Statutes 321-211
Postpartum: means the period of time immediately after and up to eight weeks following the birth of the baby. See Hawaii Revised Statutes 457J-2
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Practice of mental health counseling: includes but is not limited to:
(1) The assessment, diagnosis, and treatment of, and counseling for, mental and emotional disorders;
(2) The assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders defined in the approved diagnostic and statistical manual for mental disorders;
(3) The application of educational techniques aimed at the prevention of these disorders; and
(4) The provision of consultative services to individuals, couples, families, groups, organizations, and communities. See Hawaii Revised Statutes 453D-1
practice of nursing as a licensed practical nurse: means the performance of those acts commensurate with the required educational preparation and demonstrated competency of the individual, whereby the individual shall be accountable and responsible to the consumer for the quality of nursing care rendered. See Hawaii Revised Statutes 457-2
practice of nursing as a registered nurse: means the performance of professional services commensurate with the educational preparation and demonstrated competency of the individual having specialized knowledge, judgment, and skill based on the principles of the biological, physical, behavioral, and sociological sciences and nursing theory, whereby the individual shall be accountable and responsible to the consumer for the quality of nursing care rendered. See Hawaii Revised Statutes 457-2
Practice of physical therapy: includes , but is not limited to, the use of the following:
(1) Physical agents, such as heat, cold, water, air, sound, compression, light, electricity, and electromagnetic radiation;
(2) Exercise with or without devices, joint mobilization, mechanical stimulation; biofeedback; postural drainage; traction; positioning, massage, splinting, training in locomotion, and other functional activities with or without assisting devices; and correction of posture, body mechanics, and gait;
(3) Tests and measurements of: muscle strength, force, endurance, and tone; joint motion, mobility, and stability; reflexes and automatic reaction; movement skill and accuracy; sensation and perception; peripheral nerve integrity; locomotor skill, stability, and endurance; activities of daily living; cardiac, pulmonary, and vascular functions; the fit, function, and comfort of prosthetic, orthotic, and other assisting devices; posture and body mechanics; limb strength, circumference, and volume; thoracic excursion and breathing patterns; vital signs; nature and locus of pain and conditions under which pain varies; photosensitivity; and the home and work physical environments. See Hawaii Revised Statutes 461J-1
Practice of psychology: means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. See Hawaii Revised Statutes 465-1
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Primary care clinic: means a clinic for outpatient services providing all preventive and routine health care services, management of chronic diseases, consultation with specialists when necessary, and coordination of care across health care settings or multiple providers or both. See Hawaii Revised Statutes 323D-2
Principal detective: means a licensed detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
Principal guard: means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. See Hawaii Revised Statutes 463-1
private detective agency: means a licensed firm engaged in the private detective business. See Hawaii Revised Statutes 463-1
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Professional engineer: means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, or observation of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engineering principles and data. See Hawaii Revised Statutes 464-1
Professional psychology training program: means a doctoral training program that includes (1) and (2), or (1) and (3) of the following:
(1) Is a planned program of study which reflects an integration of the science and practice of psychology including practica and internship; and
(2) Is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology or is accredited by the Canadian Psychological Association; or
(3) Is offered in a regionally accredited institution of higher education. See Hawaii Revised Statutes 465-1
project: means any facility for each single project or multiproject program of a project party and includes any structure or building suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health care facility; laboratory; laundry; nurses' or [interns'] residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health care facility; dental care facility; nursing school; medical or dental school or teaching facility; mental or physical health facilities related to any such structure or facility; equipment; software; or any other structure, facility, equipment, or software required or useful for the operation of a health care facility, including, but not limited to, offices, parking lots and garages, and other supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and including the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility, and including the refinancing of outstanding obligations of a project party relating to any of the foregoing. See Hawaii Revised Statutes 39A-31
Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of the bonds to assist not-for-profit corporations that provide health care facilities to the general public, including without limitation any loan agreement, lease, sublease, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof, entered into by the department with a project party and, where necessary or appropriate, with a lender, lessor, or other third party. See Hawaii Revised Statutes 39A-31
Project party: means a not-for-profit corporation that provides health care facilities to the general public. See Hawaii Revised Statutes 39A-31
Proof of death: includes a death certificate or record or report which is prima facie proof of death under § 560:1-107;
"Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;
"Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;
"Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Psychologist: means a person who offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. See Hawaii Revised Statutes 465-1
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public purpose: as used in this chapter , unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks. See Hawaii Revised Statutes 171-1
Publicly owned building: means any building or structure, including a hospital or a school, that is owned, leased, or operated by the State; provided that it shall be a building or structure in which individuals employed by the State work during normal operations. See Hawaii Revised Statutes 321-411
Qualified midwife preceptor: means a licensed and experienced midwife, or other maternal health professional licensed in the State, who participates in the clinical education of individuals enrolled in a midwifery education program accredited by the Midwifery Education Accreditation Council or Accreditation Commission For Midwifery Education and who meets the criteria for midwife preceptors set forth by the applicable organization. See Hawaii Revised Statutes 457J-2
Quorum: The number of legislators that must be present to do business.
Radiography: means the ordering of radiographic diagnostic and other imaging studies, including but not limited to computed tomography scans, x-rays, magnetic resonance imaging, positron emission tomography scans, and ultrasounds. See Hawaii Revised Statutes 455-1
Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. ^{Source: OCC}
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Records: include , but is not limited to, all written clinical information, observations and reports, or fiscal documents relating to a ward who has undergone or is about to undergo sterilization and which is related to the sterilization. See Hawaii Revised Statutes 560:5-601
refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes a health care facility or consolidation of such indebtedness with indebtedness of the State incurred for a health care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-31
Regionally accredited institution: means an institution of higher education accredited by the bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education. See Hawaii Revised Statutes 465-1
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;
"Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;
"Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Review panel: means the panel established pursuant to § 323D-42. See Hawaii Revised Statutes 323D-2
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Service area: means the State, excluding any county having a population of five hundred thousand or more. See Hawaii Revised Statutes 321-222
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sexual assault: means vaginal penetration without the person's consent, by compulsion or strong compulsion. See Hawaii Revised Statutes 321-511
Sexual assault victim: means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital. See Hawaii Revised Statutes 321-511
Sign: means , with present intent to authenticate or adopt a document:
(1) To execute or adopt a tangible symbol; or
(2) To attach or logically associate with the document an electronic symbol, sound, or process. See Hawaii Revised Statutes 456-1.6
Signature: means a tangible symbol or an electronic signature that evidences the signing of a document. See Hawaii Revised Statutes 456-1.6
Stamping device: means :
(1) A physical device capable of stamping or impressing upon a tangible document a notary seal; or
(2) An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal. See Hawaii Revised Statutes 456-1.6
State agency: means the state health planning and development agency established in § 323D-11. See Hawaii Revised Statutes 323D-2
State health services and facilities plan: means the comprehensive plan for the economical delivery of health services in the State prepared by the statewide council. See Hawaii Revised Statutes 323D-2
State system: means the state pre-hospital emergency medical services system. See Hawaii Revised Statutes 321-222
State-licensed or state-certified health care settings: means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health. See Hawaii Revised Statutes 457A-1.5
Statewide: means all counties in the State. See Hawaii Revised Statutes 321-222
Statewide council: means the statewide health coordinating council established in § 323D-13. See Hawaii Revised Statutes 323D-2
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Sterilization: means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce. See Hawaii Revised Statutes 560:5-601
Stroke coalition: means a multi-organizational process of public, private, and nonprofit organizations working together for a common purpose to improve stroke outcomes throughout the State. See Hawaii Revised Statutes 321-531
Stroke database: means a stroke coalition-approved, existing, nationally recognized and validated data platform available to the department and all participating hospitals statewide and that has features to maintain confidentiality standards and data security. See Hawaii Revised Statutes 321-531
Strong compulsion: means the use of or attempt to use one or more of the following to overcome a person:
(1) A threat, express or implied, that places a person in fear of bodily injury to the person or another person, or in fear that the person or another person will be kidnapped;
(2) A dangerous instrument; or
(3) Physical force. See Hawaii Revised Statutes 321-511
Subarea: means one of the geographic subareas designated by the state agency pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
Subarea council: means a subarea health planning council established pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
Subpoena: A command to a witness to appear and give testimony.
Substance: means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents. See Hawaii Revised Statutes 321-191
Substance abuse: means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 321-191
Substantial improvements: means any renovation, rehabilitation, reconstruction, or construction of the existing improvements, including minimum requirements for off-site and on-site improvements, the cost of which equals or exceeds thirty per cent of the market value of the existing improvements that the lessee or the lessee and developer install, construct, and complete by the date of completion of the total development. See Hawaii Revised Statutes 171-191
Surgery: means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. See Hawaii Revised Statutes 459-1.5
Tamper-evident: means any change to an electronic document that displays evidence of the change. See Hawaii Revised Statutes 456-1.6
Tattoo artist: means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting in permanent or semi-permanent markings, with the aid of needles, electric machines, hand tools, or other devices or means. See Hawaii Revised Statutes 321-372
Telehealth: means the use of telecommunications as that term is defined in § 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, to support long-distance clinical health care while a patient is at an originating site and the nurse is at a distant site, patient and professional health-related education, public health and health administration, to the extent that it relates to nursing. See Hawaii Revised Statutes 457-2
Testate: To die leaving a will.
Testator: A male person who leaves a will at death.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tobacco product: means tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans. See Hawaii Revised Statutes 321-211
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unit: is a relative value assigned to continuing competence activities in which one continuing competence unit is equivalent to at least fifty minutes of classroom or hands-on instruction. See Hawaii Revised Statutes 461J-1
Venue: The geographical location in which a case is tried.
Verification on oath or affirmation: means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true. See Hawaii Revised Statutes 456-1.6
Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 462A-1
Victim: means an adult whose death is suspected of having been caused by domestic violence or domestic violence-related suicide. See Hawaii Revised Statutes 321-471
Ward: means an incapacitated person for whom a guardian has been appointed and who, because of the terms of the appointment of the guardian, lacks the legal power to consent to sterilization. See Hawaii Revised Statutes 560:5-601
Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Hawaii Revised Statutes 560:6-101

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Terms Used In Hawaii Revised Statutes > Chapter 91 - Administrative Procedure

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