Gov. Ige Signs 14th Proclamation: Two Days to Go Until Launch of Hawai’i’s Pre-Travel Testing

The governor is still in discussions with Hawaiʻi County Mayor Harry Kim on inter-county travel, saying the focus there is to first get the trans-Pacific …

October 13, 2020 News Conference: COVID-19 pre-travel testing update.

October 13, 2020 News Conference: COVID-19 pre-travel testing update. Joining me are: • Lieutenant Governor Josh Green• Dr. Libby Char, Director, Hawaii State Department of Health• John De Fries, President and CEO, Hawaii Tourism Authority

Posted by Governor David Ige on Tuesday, October 13, 2020

SPONSORED VIDEO

Governor David Ige today signed a Fourteenth Proclamation related to the state’s COVID-19 emergency.

The new document extends the mandatory 14-day quarantine for all incoming travelers; however, beginning Oct. 15, a pre-travel testing option will allow travelers an alternative to the mandatory 14-day quarantine.

The new program, which starts on Thursday, allows for an exemption to travelers five years and older who provide written confirmation from a state approved COVID-19 testing facility of a negative test result from a test administered to the traveler within 72 hours from the final leg of departure to Hawaiʻi.

If results are not received prior to arrival, the traveler will be required to self-quarantine until a negative test result is reported to the state Dept. of Health. Negative test results may be uploaded to the Safe Travels Digital Platform, and all travelers must also complete the state’s mandatory travel and health form on this digital platform.

“The state will accept results only from trusted partners, and we want to make sure that everyone understands that,” said Gov. Ige, who announced the addition of four more partners to the state’s approved list including: Alaska Airlines, American Airlines, Bartell Drugs and the Port of Oakland. This brings the total number of pre-travel testing partners for Hawaiʻi to 17. A complete list can be found here.

“I want to remind all travelers that following safe practices – at home, while traveling and upon returning – is the only way to prevent the spread of COVID-19. Wear a face mask, wash your hands frequently and watch your distance around other people, even if you’ve recently tested negative for COVID-19,” said Gov. David Ige.

The inter-island quarantine for travelers arriving in the counties of Kaua‘i, Hawai‘i, Maui and Kalawao (Kalaupapa) remains in place. However, the proclamation empowers the counties to adopt a negative test exception process for travelers subject to the inter-island travel quarantine.

“I’m pleased to announce that Mayors Kawakami (of Kauaʻi) and Victorino (on Maui) have agreed to implement the pre-travel testing program for inter-county travelers. So those going from Honolulu to Maui and Kauaʻi will be able to get a pre-travel test 72-hours prior to departure, and be able to avoid quarantine,” if they test negative.

The governor is still in discussions with Hawaiʻi County Mayor Harry Kim on inter-county travel, saying the focus there is to first get the trans-Pacific exemption in place. “As you know, over the last week or two, there has been an increase in the number of cases on Hawaiʻi Island, which I know that they mayor is concerned with,” said Gov. Ige.

There is also an increased utilization of ICU beds on Hawaiʻi Island, which Gov. Ige said is currently at 88 percent utilization in Hawaiʻi County.

The proclamation allows counties to require a subsequent test after arrival into the state. Such a test would be paid for and administered by the county. People arriving in a county that requires a post-arrival test do not need to self-quarantine prior to obtaining the subsequent test. Anyone with COVID-19 symptoms or who anyone who tests positive at any point in their stay must take steps to isolate or quarantine as directed by the Dept. of Health.

When asked if a second test is valuable, Lieutenant Governor Josh Green said, “Of course. It’s good to have additional testing. It’s a gesture on our part … we mālama our visitors and they will mālama us… we will provide tests after they’ve got a test. This is our way of showing that in partnership, we are stopping the disease.

“Will a second test make a huge difference? It will make some difference. Some number of cases that were asymptomatic simply can’t be picked up before a few days have passed. Because of that, we may pick up a couple of cases secondarily. It will provide a certain level of confidence and security for us. We want to test smart, and that’s why the mayors are all looking for extra tests, why the state is adding hundreds of thousands of extra tests–really so that we can do extra tests on school teachers, fire fighters, all of our first responders, (and) individuals who have been exposed. That’s the best thing that we can do,” said Lt. Gov. Green.

The emergency proclamation also extends the prohibition on evictions for the non-payment of rent until Nov. 30, 2020. It extends the expiration date of expired and expiring state IDs and Drivers Licenses until Nov. 30 as well.

OFFICE OF THE GOVERNOR

STATE OF HAWAI‘I

FOURTEENTH 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; WHEREAS, as of October 13, 2020, the recorded number of cases and deaths has continued to increase, with more than 13,500 documented cases of

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COVID-19 in the State and 173 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; 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. Persons Experiencing Homelessness

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………………………………….[ 11 ]

VI. Suspension of Laws…………………………………………………………..[ 12 ]

A. Session Laws

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………………………………………………………………….[ 32 ]

VIII. Enforcement………………………………………………………………..[ 33 ]

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Exhibit A. Rules 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 (amended)

Exhibit E. State Roadmap to Recovery and Resilience

Exhibit F. Sunshine Law and UIPA

Exhibit G. Rules Relating to Safety Guidelines for Barbers and Beauty

Operators

Exhibit H. Rules Relating to Mortuaries, Cemeteries, Embalmers,

Undertakers and Mortuary Authorities

Exhibit I. Rules Relating to State Civil Identification Card

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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 Fourteenth 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, including essential workers supporting the 2020 Census, as identified by the U.S. Cybersecurity & Infrastructure Security Agency, and the businesses or operations operating in each county in accordance with the State Roadmap to Recovery and Resilience, referenced in Exhibit E. 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 must wear face coverings in compliance with county orders, rules and directives approved by me pursuant to Section I. All persons shall comply with applicable hygiene and physical distancing guidance from the Centers for Disease Control and Prevention (CDC) as well as State, county, industry and regulatory requirements for safe hygiene and physical distancing practices to mitigate the spread of COVID-19, including standards adopted by and requirements issued by Hawaii Department of Health (DOH).

C. Persons Experiencing Homelessness

Persons experiencing homelessness are exempt from Section III of this Proclamation but shall comply with the safe practices referenced in Section III.B to the fullest extent possible and are strongly urged to obtain shelter.

Governmental and other entities are strongly urged to make such shelter

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available as soon as possible and to the maximum extent practicable and to use in their operation COVID-19 risk mitigation practices recommended by the CDC.

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 or knowingly 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.

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 14 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,

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as defined by the applicable county ordinances, all intended residents of that county must designate a hotel or motel as their quarantine location.

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 be subject to all quarantine r strictions 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 Practices in Section III.B of this Proclamation while engaged in the activities identified in the written exemption. An exemption from the State does not require businesses or operations to recognize the exemption from the 14-day self-quarantine period.

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 14 consecutive days before entering State waters and have no persons on board who are ill or are exhibiting symptoms of COVID-19 or (2) persons who, upon entry into the State, provide written confirmation from a State approved COVID-19 testing facility of a negative test result from an observed test administered to the traveler within 72 hours from the final leg of departure. Persons under the age of five accompanied by a traveler who meets the negative test exception are not required to obtain a test prior to arrival. The negative test exception shall become effective on October 15, 2020.

A county may require travelers five 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

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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 with 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 vi lated 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 per od 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 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

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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 14 days 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 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.

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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;

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

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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.

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 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 14 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 provisions of Section IV.C-E and G of the Proclamation apply with full force and effect to this Section.

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 be subject to all quarantine restrictions when not performing their critical infrastructure work or engaging in the activity expressly

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exempted. Persons seeking an exemption from the County Travel Quarantine must contact the appropriate county for review and approval. The Director of HIEMA also may grant exemptions from the County Travel Quarantine.

A county may adopt a negative test exception to the County Travel Quarantine, which exception shall be integrated with 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 violating the County Travel Quarantine and 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

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Proclamation that may be hindered, delayed, or otherwise impeded by county permitting, licensing, zoning, variances, or fees relating to these requirements.

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.

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Section 91-3(b), HRS, procedure for adoption, amendment, or repeal of rules, and section 325-2, HRS, physicians, laboratory directors, and 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 F attached hereto.

Chapter 92F, HRS, uniform information practices act (modified), to the extent set forth in Exhibit F 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, 2020; 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.

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Chapter 103F, HRS, purchases of health and human services, only to the extent necessary to procure health and human services in direct response to COVID-19; to procure health and human services using funding that must be expended on or before December 31, 2020; 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

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rent, maintenance fees, utility charges, taxes or other fees required for the residential dwelling unit.

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 183C-6, HRS, permits and site plan approvals, to the extent necessary to enable the Department of Land and Natural Resources to administer the permitting program for conservation district use permits without the application of provisions providing for automatic approval of permit requests that are not acted upon within 180 days.

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;

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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 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

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licensees who have outstanding invoice balances more than thirty (30) days due, to continue purchasing liquor by credit.

Sections 286-26(a) and (b), HRS, certification of inspection, section 286-54, HRS, out-of-state-vehicle permit, section 286-106, HRS, expiration of licenses, section 286-236(f), HRS, commercial driver’s license qualification standards, sections 286-107(a), (b), (c), (d), (g), and (h), HRS, license renewals; procedures and requirements, section 286-239(g), HRS, 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, licenses, and permits that occurred or will occur during the emergency period.

Sections 286-26(d), HRS, certification of inspection.

Section 286-108, HRS, examination of applicants.

Section 286-110, HRS, instruction permits.

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 I, 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.

Section 291-51.6, HRS, issuance of temporary removable windshield placards, to the extent that the Director of the Department of Health may extend the duration of the temporary removable windshield placard beyond six months.

Section 291-52, HRS, issuance of removable windshield placard, with respect only to the statutory six-year expiration.

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

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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 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

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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

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

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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.

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

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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

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.

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Section 373-3, HRS, fees; biennial renewal, restoration, section 437-

23(a), HRS, term of license, section 439-18(c), HRS, schools, section 443B-

4.58, HRS, biennial renewal requirement, section 440-14, HRS, license,

limitations, renewals, section 444-15, HRS, fees; biennial renewals; inactive

license, section 448E-8, HRS, fees; renewals, section 448F-9, HRS, biennial

renewal; failure to renew, section 448H-8, HRS, fees, section 16-81-10, HAR,

renewal of license, section 452-16, HRS, renewal of license; fees, section

453-3(2), HRS, limited and temporary licenses; section 453-3(4), HRS, limited

and temporary licenses, section 453-6, HRS, fees; expenses, section 453D-

11, HRS, renewal of license; fees, section 457A-7(e), HRS, medicare or

medicaid nurse aide certification, section 457A-8(e), HRS, nurse aide

certification for state licensed or state-certified health care settings, section

457B-9(b), HRS, fees, section 457G-6, HRS, biennial renewal; failure to

renew; restoration, inactive license; conversion from registration, section

458-8(a), HRS, expiration and renewal, section 460J-14, HRS, fees; biennial

renewal; inactive license, section 461J-10, HRS, biennial renewal; failure to

renew, section 462A-6, HRS, duration and renewal of license, section 16-96-

27, HAR, renewal of license, section 463-10, HRS, licenses; fees; renewal of

licenses; inactive license, section 464-9(c), HRS, applications for and

certificates of licensure; renewal; fees; continuing education, section 465-

11(a), HRS, renewals; continuing education requirement, section 466D-10,

HRS, renewal of license, section 467-11, HRS, fees; original license and

biennial renewals, section 471-9(c), HRS, licenses, section 472-2(a)(1), HRS,

practice of veterinary technology; qualifications; registration required,

section 481E-5(f), HRS, certificate of registration; issuance or denial;

renewal, section 481Z-6(f), HRS, certificate of registration; issuance or

denial; renewal, section 484-9(a), HRS, annual report, section 514E-10(e),

HRS, registration required; developer, acquisition agent, plan manager, and

exchange agent; registration renewal, section 514E-10.2(h), HRS, limited

permit, to the extent necessary such that the Director of the Department of

Commerce and Consumer Affairs may suspend or extend license renewal or

certification deadlines.

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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 Department of Labor

and Industrial Relations to:

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; and

4. waive required cash or in-kind contributions at the sole discretion of

the Director of the Department of Labor and Industrial Relations.

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.

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

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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 G 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

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

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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.

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.

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 of nursing education programs approved by the State Board

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of Nursing, within 180 days following graduation, 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 of nursing education programs approved by the State

Board of Nursing, within 180 days following graduation, 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 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, within 180 days following graduation, to

be employed to practice as an advanced practice registered nurse, with the

endorsement of the employing health care entity.

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 of a pharmacy college

accredited by the Accreditation Council for Pharmacy Education, within 180 days

following the conferment of the doctor of pharmacy degree, to be employed to

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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

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

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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

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.

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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,

Undertakers and Mortuary Authorities, as set forth in Exhibit H 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.

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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.

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

32 of 34

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.

Section 11-219-7.5(e), HAR, renewal of parking permits, to the extent

that the six-year recertification for special license plates shall be suspended if

such recertification becomes due during the emergency period.

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.

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.

Chapter 846E, HRS, registration of sex offenders and other covered

offenders and public access to registration information, to the extent

necessary to suspend any requirement that a covered offender must come into

close physical contact with an agency with jurisdiction, the attorney general, or

chief of police, or their designees to satisfy any element of this section.

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

33 of 34

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 Emergency Management, 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

disaster emergency relief period shall continue through November 30, 2020,

unless terminated or superseded by a separate proclamation, whichever shall

occur first.

Done at the State Capitol, this

13th day of October, 2020.

_______________________

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 (amended)

EXHIBIT E

State Roadmap to Recovery and Resilience

EXHIBIT F

Sunshine Law and UIPA

EXHIBIT G

Rules Relating to Safety Guidelines for Barbers and Beauty Operators

EXHIBIT H

Rules Relating to Mortuaries, Cemeteries, Embalmers, Undertakers and Mortuary

Authorities

EXHIBIT I

Rules Relating to State Civil Identification Card

RULES RELATING TO

IMMUNITIES FOR HEALTH CARE PRACTICES

§1 Purpose and Authority

§2 Definitions

§3 Health Care Response to COVID-19

§4 Immunity of Health Care Facilities

§5 Immunity of Health Care Professionals

§6 Immunity of Health Care Volunteers

§7 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.

§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 provide medical

diagnosis, treatment, nursing, rehabilitative, or

preventive care to any person or persons. 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

services established for the purpose of responding to

the COVID-19 outbreak.

“Health care professional” means physicians and

surgeons and others licensed 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 licensed pursuant to chapter

455, chiropractors licensed pursuant to chapter 442,

EXHIBIT A

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 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). 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 Hawaiʻi without a Hawaiʻi

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 Hawaiʻi 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 Hawaiʻi without a license by my Emergency

Proclamations.

(3) Psychologists licensed in their state but

not licensed in Hawaiʻi who have pre-

EXHIBIT A

established relationships with a patient or

client currently residing in the State of

Hawaiʻi 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.

§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. 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 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.

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

the Emergency Proclamations.

EXHIBIT A

§4 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 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.

§5 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 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.

§6 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

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.

EXHIBIT A

§7 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.

(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 A

Rules Relating to

COVID-19 Health Screening Process and Travel Self-Quarantine

§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). 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.

For purposes of Sections 4 and 6, only tests administered by

Trusted Testing Partners shall qualify.

“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 or

knowingly:

(1) Refuses or fails to truthfully, accurately and fully

complete a Mandatory State of Hawaii Travel and

Health Form, attached hereto 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 submitted a test sample for a

State approved COVID-19 test within 72 hours from

the final leg of departure and whose negative test

results for the COVID-19 disease are verified by the

State upon arrival.

(b) The period of self-quarantine shall begin from the

day of entry into the State and shall last 14 days or the

duration of the person’s presence in the State, whichever is

shorter.

(c) Notwithstanding the foregoing, those persons who

have submitted a test sample for a State approved COVID-19

test within 72 hours from the final leg of departure and whose

test results were not available at arrival, may thereafter

submit negative test results to state officials designated by

the Director of Emergency Management, and upon written

acceptance from such officials, will no longer be subject to

the mandatory self-quarantine.

§5 Order of Self Quarantine. (a) All persons subject to

mandatory self-quarantine shall remain in self-quarantine for a

period of 14 days, which period commences the day of arrival, or

the 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 or knowingly:

(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

EXHIBIT B

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 14 consecutive days before entering

State waters and has no persons on board who are ill

or are exhibiting symptoms of COVID-19;

(2) Upon entering the State, provides written confirmation

from a State approved COVID-19 testing facility of a

negative result from a DOH approved test administered

to the person within 72 hours from the final leg of

departure;

(3) Applies for an exemption from mandatory self-

quarantine through travelexemption.hawaii.gov and

receives confirmation of the exemption from

[email protected], 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.

§8 Criminal Penalties. (a) Any person violating 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 B

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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; [and] or

(C) Family units impacted by any federal-,

state-, or county-declared emergency

proclamation related to a man-made or

EXHIBIT C

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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

EXHIBIT C

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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;

EXHIBIT C

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(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;

EXHIBIT C

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(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) [and], (J), and (L)[:];

EXHIBIT C

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(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; [and]

(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; [and]

(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

EXHIBIT C

7 of 8

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;

[or]

EXHIBIT C

8 of 8

(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; [or]

(B) Except for family units that receive child

protective services; [and] 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.”

EXHIBIT C

EXHIBIT D

Rules Relating to Notaries Public

§1 Purpose and authority

§2 Social distancing

§3 Notarial Acts Utilizing Audio-Visual Technology

§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.

§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;

(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;

(3) The video conferencing shall allow for direct

interaction between the person and the notary

public and shall not be pre-recorded;

EXHIBIT D

(4) 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,

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 days of the

notary public’s date of the resignation, expiration

of any term of office as a notary, or removal from or

abandonment of office as a notary. The notary

public’s representative shall provide the same upon

the notary public’s death;

(7) The notary public shall obtain the signed document

that requires notarization by fax or electronic

format on the same date it was signed within fourteen

days of signing and the notarization date shall be

the same as the date of signature;

(8) The notary public may notarize the transmitted copy

of the document and transmit the same back to the

signer;

(9) 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”;

(10) The notary public shall enter in the record book

that the notarial act was performed pursuant to

Executive Order 20-02; and

(11) 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 60 days after

the date of execution.

2 of 2

Healing Hawaiʻi

Phase 1:

Stabilization

Kamaʻāina Economy

Phase 2:

Reopening

Renew & Rebuild

Phase 3:

Long-term Recovery

Stronger Hawaiʻi

Phase 4:

Resilience

State of Hawaiʻi Roadmap to Recovery and Resilience

STAY AT HOME

(Major Disruption)

ACT WITH CARE

(Minor Disruption)

RECOVERY

(Minimal Disruption)

NEW NORMAL

(No Disruption)

SAFER AT HOME

(Moderate Disruption)

EXHIBIT E

Impacts to Daily Life from Stabilization to Resilience

Impact to

Daily Life

Safe Practices

Follow recommended Safe Practices:

wash, mask, and distance

Stay at Home

Stay at home except

for essential activities

High-risk populations* and kūpuna

recommended to stay at home

High-risk

populations* and

kūpuna exercise

caution when

in public

Gatherings

Adjust gathering size in accordance with health guidance

STAY AT HOME

(Major Disruption)

ACT WITH CARE

(Minor Disruption)

RECOVERY

(Minimal Disruption)

NEW NORMAL

(No Disruption)

SAFER AT HOME

(Moderate Disruption)

(Impact level and impacts to daily life may vary by County)

*High-risk populations are currently defined by CDC as: persons 65 years of age and older; people of all ages with underlying medical conditions (particularly not well controlled), including people with chronic lung

disease or moderate to severe asthma, people who have serious heart conditions, people who are immunocompromised, people with severe obesity, people with diabetes, people with chronic kidney disease

undergoing dialysis, and people with liver disease; people who live in a nursing home or long-term care facility.

As of Sept. 21, 2020

EXHIBIT E

Sunshine Law and UIPA

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.

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.

If a board holds a meeting:

 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.

 Board packets, consistent with Section 92-7.5, must be electronically

posted as soon as practicable under current conditions.

 Boards must accept written testimony from the public.

 Boards must comply with the requirements to keep and electronically

post meeting minutes consistent with Section 92-9.

 The quorum requirements in Section 92-15 must be met for all meetings.

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.

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.

Boards are encouraged to consider the following guidelines:

 Board members should be clearly visible and/or audible consistent with

the remote technology used by the board.

EXHIBIT F

 At the start of all meetings, the presiding officer should announce the

names of the participating members.

 For audio-only teleconferencing, each speaker should repeat their name

before making remarks.

 Votes should be conducted by roll call so that it is clear how each board

member voted.

 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.

 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.

Notwithstanding the above, board meetings whose agendas have already been

noticed as of the date of this Proclamation may proceed under the provisions of

the Sixth Supplemental Emergency Proclamation.

Chapter 92F, HRS, uniform information practices act, and Chapters 71 and

73, Title 2 of the Hawaii Administrative Rules, are suspended to the extent they

contain any deadlines for agencies, including deadlines for the OIP, relating to

requests for government records and/or complaints to OIP. As resources

permit, agencies are encouraged to respond to requests for government records

(UIPA Requests). To balance the needs of the public with the resources

available to government agencies during the COVID-19 crisis, agencies must

comply with the following minimum requirements:

 Agencies must acknowledge receipt of UIPA Requests. If a request is not

acknowledged, the requester may ask the Office of Information Practices

to verify that the agency received the UIPA Request.

 Agencies must retain UIPA Requests and may not destroy requested

records while a UIPA Request is pending.

 As resources permit, agencies shall in good faith:

o respond to UIPA Requests for information that do not require

redaction or substantial review of records without substantial delay;

and

o prioritize responding to UIPA Requests made in the public interest

where the requestor has the primary intent and actual ability to

widely disseminate the requested information to the general public.

EXHIBIT F

 Requests for government records not answered during the emergency

relief period must be answered in a reasonable period of time when the

suspension of laws is lifted.

EXHIBIT F

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RULES RELATING TO

SAFETY GUIDELINES FOR

BARBERS AND BEAUTY

OPERATORS

§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 G

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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 G

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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 G

4 of 6

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

EXHIBIT G

5 of 6

including staff, provided the six-feet social

distancing requirements are met. 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

EXHIBIT G

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for any client that answers yes.

(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 H

“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 violating

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

§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 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 [must be made in

person]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. Section 19-149-18,

Hawaii Administrative Rules, is amended to read as follows:

“19-149-18 Renewal or duplicate by mail. (a)

Cardholders [age eighty years and older] 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.”