11-23

Disqualified Voter

Whenever the clerk receives (from DOH or any informing agency) information of a person adjudicated as incapacitated under chapter 560 or mentally retarded under chapter 333, among other classes, the clerk shall make an investigation to prove or disprove the information.  If the investigation shows incapacity to the extent that the person lacks sufficient understanding or capacity, the clerk shall remove the name of the person from the register.

11-136

Poll Book Identification, Voter

Precinct chairpersons are authorized to waive the requirement that voters sign their names in the poll book for reasons of illiteracy, blindness or other physical disability.

11-139

Voting Assistance

Any voter requiring assistance to vote may request assistance from two precinct officials of differing political parties or may choose any person other than the voter’s employer or agent of the employer or voter’s union.  The precinct official shall enter in writing the record book if assistance is needed due to disability and the name of the person providing assistance.

46-4

 County Zoning

No law, county ordinance or rule shall prohibit group living in facilities with eight or fewer residents licensed under chapter 321-15.6 or Intermediate Care Facilities for the Mentally Retarded (ICF/MR-C), or for those who are mentally ill, elderly, disabled, developmentally disabled, or totally disabled who are not related to the home operator or facility staff; provided that group living facilities meet all applicable county requirements.

46-15.3

Adult Family Boarding Home and Care Home

Licensed care and adult family boarding homes shall, for the purpose of regulation under a county’s life safety code, fire code, or any other ordinance or similar purpose, be considered a single family dwelling if living accommodations are provided for up to six persons, other than the operator of the home and the operator’s family.  However, not more than three of those six persons shall be incapable of self-preservation because of disability or age.

46-15.35

Family Child Care Homes

Family child care homes shall be considered a residential use of property and shall be a permitted use in all residentially designated zones.

46-15.36

Hospice Homes

A hospice home shall be considered a residential use of property and shall be a permitted use in all residentially designated zones.  Defines “Hospice home.”

76-16

Civil Service and Exemptions

An exemption from civil service laws is allowed for various state positions, including those filled by persons with severe physical or mental disabilities participating on the Work Experience Training Programs, or persons who are severely disabled who are certified by the state vocational rehabilitation office.

76-77

Civil Service and Exemptions

An exemption from civil service laws is permitted for county positions filled by persons with a severe disability who are certified by the state vocational rehabilitation office.

76-103

Veteran's Preference

Provides preference in civil service hiring to veterans, disabled veterans, spouses of disabled veterans, and surviving spouses of deceased servicemen or servicewomen with qualifications.

88-334 through

88-337

 Disability Retirement

Sets forth disability retirement benefits for public service employees.

90-2 and

90-3

Volunteers; Non-Discrimination

Prohibits discrimination in any state volunteer program or activity on the basis of various protected classes, including physical or mental handicap.

102-2

Contracts for Concessions

Leases, licenses or permits for the operation of concessions for the use by handicapped or blind persons, and automatic teller machines, or vending machines located at public schools operated by blind or visually handicapped persons shall be exempt from required public advertisement and bidding as set forth by law.

102-14

Use of Public Buildings by Blind or Visually Handicapped Persons

State and county authorities responsible for the management of public buildings shall authorize blind or visually handicapped persons registered by DHS under chapter 347-6 to operate and maintain stands and machines for the vending of newspapers, confections, tobacco, etc.  Specifically exempted are certain facilities.  All state and county agencies planning construction or renovations to buildings are required to consider plans for vending facilities operated by blind or visually handicapped persons.

103-50

Building Design to Consider Needs of Persons with Disabilities

All plans and specifications for the construction of public buildings, facilities, and sites by the State or any political subdivision shall be prepared so that the buildings, facilities, and sites are accessible and usable by persons with disabilities.  Buildings shall conform to the Americans with Disabilities Act Accessibility Guidelines and the Federal Fair Housing Amendments Act design guidelines, as amended by the Disability and Communication Access Board.  All agencies subject to this chapter shall seek advice and recommendations from the Disability and Communication Access Board on any construction plans prior to construction.  The Disability and Communication Access Board may approve a site specific alternate design when an alternate design provides equal or greater access. 

103-72

Transcription of Instructional Materials

Contracts for the procurement of instructional materials shall include a provision that enables the State to transcribe and reproduce the material in Braille, large print, recordings, or other media for the use of physically disabled students, including the visually impaired.

103D-1001

Definitions

Defines a “Qualified community rehabilitation program” for the purposes of receiving preference in government contracts or sales to government agencies.

103D-1009 through

103D-1011

Preference for Qualified Community Rehabilitation Programs

When a government body contracts for services, a five percent preference shall be given to services to be provided by qualified community rehabilitation programs in conformance with criteria established by the DLIR, provided that the contracts shall be exempt from the wages provision of section 103-55. Any government body may purchase goods or services provided by qualified community rehabilitation programs under certain criteria without advertising or calling for bids. 

134-2

Registration

A fire permit application form shall include information regarding the applicant’s mental health history.  Applicants for a permit shall sign a waiver at the time of application allowing the Chief of Police of the county issuing permits access to any records which have a bearing on the mental health of the applicant. 

134-7

Ownership or Possession Prohibited

No person who has been acquitted of a crime on the grounds of mental disease, disorder or defect, or is or has been diagnosed for significant behavioral, emotional or mental disorders or for treatment for organic brain syndromes, shall own, possess, or control any firearm or ammunition unless such person has been medically documented to no longer be adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

142-5.5

Guide, Signal, or Service Dogs

Any person with a disability who uses a guide, signal, or service dog, as defined in section 515-3, shall be permitted to reside on site for the duration of quarantine, if housing is available.  (Note:  The Department of Agriculture through administrative rules has quarantine modifications relating to guide, signal, or service dogs.)

143-4

Issuance of License and Tags

The Counties’ Directors of Finance are authorized to issue license tags for guide, signal, or service dogs.

171-64

Covenants Against Discrimination

The Board of Land and Natural Resources shall ensure that any deed, patent, lease, agreement, license, or permit shall not support any policy which discriminates against anyone based on various protected classes, including physical handicap.  The Board shall not dispose of any public land to any person who practices the above discrimination.  Defines “physical handicap” as a physical impairment which substantially limits one or more of a person's major life activities.

201G-111

Housing Development Programs

Preference shall be given to those applicants most in need of assistance in obtaining housing.  The physical disabilities of the applicant or those living with the applicant are one criteria for preference.

235-1

Definitions

For the purposes of state income tax, “Blind” means a person whose central acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is such that the widest diameter of the visual field subtends an angle no greater than 20 degrees; “Deaf” means a person whose average loss in the speech frequencies (500-2000 Hertz) in the better ear is 82 decibels A.S.A. or worse; “Person totally disabled” means a person who is totally and permanently disabled, either physically or mentally, which results in the person’s inability to engage in any substantial gainful business or occupation.

235-7

Provisions as to Gross Income, Adjusted Gross Income and Taxable Income

Excludes compensation paid to patients affected with Hansen’s disease employed by the State or the United States in any hospital, settlement, or place for the treatment of Hansen’s disease from gross income, adjusted gross income, and taxable income.

235-54

Income Tax Exemptions

Blind, deaf, or totally disabled persons as defined in section 235-1 shall be allowed an exemption of $7,000 in computing their taxable income of the person.

235-55.6

Tax Credit for Dependent Care Services

A tax credit of up to $2,400 for one qualifying individual or $4,800 for two or more qualifying individuals may be taken for employment-related services if such expenses were incurred to enable the taxpayer to be gainfully employed.  “Qualifying individual” means a dependent of the taxpayer who is under the age of 13 or who is a dependent or the spouse of the taxpayer who is physically or mentally incapable of caring for himself.

235-55.91

Credit for Employment of Vocational Rehabilitation Referrals

An employer may receive a tax credit if the employer hires a “vocational rehabilitation referral,” defined as “any individual who is certified by DHS Vocational Rehabilitation and Services for the Blind Division”, in consultation with the Hawaii State Employment Service of DLIR, as 1) having a physical or mental disability which constitutes or results in a substantial handicap to employment, and 2) having been referred to the employer upon the completion of or while receiving rehabilitative services.

235-94

Preparation of Returns

If a person with a disability is unable to complete a return form, the return shall be made by a duly authorized agent, committee, guardian, fiduciary, or other person charged with the care of the person or property of the individual.

237-17

General Excise Tax; Persons With Impaired Sight, Hearing, or Who Are Totally Disabled

The privilege (general excise) tax of the business of individuals who are blind, deaf, totally disabled, as defined in section 235-1, or corporations whose outstanding shares are owned by such individuals, shall not exceed one half of one percent of the proceeds, sales, incomes, or their receipts subject to tax (versus 4 percent for the rest of the population).

237-23

General Excise Tax, Persons with Hansen’s Disease

Exempts persons with Hansen’s disease from general excise tax with respect to business within the County of Kalawao (Kalaupapa).

237-24

General Excise Tax, Amounts Not Taxable

Up to $2,000 gross income of a blind, deaf, or totally disabled person engaging or continuing, in any business, trade, activity, occupation or calling within the State or a general, limited, or limited liability partnership, all of whose partners are blind, deaf, or totally disabled; or a limited liability company, all of whose members are blind, deaf, or totally disabled is not taxable.

246-29

Real Property Tax; Disabled Veterans

Real property owned and occupied as a home by a person who is totally disabled due to service connected injuries (including widows or widowers who have not remarried, and spouses) shall be exempt from all property taxes other than special assessments.

246-30

Real Property Tax;Persons Affected with Hansen’s Disease

Any person with Hansen’s disease who is admitted for treatment shall be exempted from real property taxes on all property owned by that person up to a taxable value of $15,000 so long as that person remains under treatment.

246-31

Real Property Tax; Persons with Impaired Sight or Hearing or Who Are Totally Disabled

Any person who is blind, deaf, or totally disabled as defined in section 235-1 shall be exempt from real property taxes up to a taxable value of $15,000.

249-6

Motor Vehicle Tax; Disabled Veterans

Disabled veterans who have been furnished cars by the federal government and who have been so certified by the Veterans Administration as being disabled due to a service disability shall be exempted from motor vehicle tax for one car, provided the car is not used for commercial purposes.

269-16.5

Lifeline Telephone Rates

The Public Utilities Commission is authorized to implement a lifeline telephone program with discounted rates for residential telephone users who are handicapped or elderly with limited incomes.

269-16.6

Telecommunications Relay Services

The Public Utilities Commission shall implement a program to achieve relay services for the deaf, hearing impaired, and speech impaired.   “Telecommunications relay services” means telephone transmission services that provide an individual who has a hearing or speech disability the ability to engage in communication by wire or radio with a hearing individual, services include two-way communication using text telephones, or other non-voice terminal devices, speech-to-speech services, video relay services and non-English relay services.

286-9

Facilities for Physically Handicapped Persons

The State Director of Transportation shall provide that appropriate facilities be constructed at certain street locations for the use of physically handicapped persons.

286-104

What Persons Shall Not Be Licensed:  Driving

The examiner of drivers shall not issue any license to any person when there is good cause to believe that such person would not be able to operate a motor vehicle with safety due to physical or mental disability.

286-106

Expiration of Licenses

Drivers licenses shall expire after four years (versus six years for others) if the licensee is 72 years old or older or exhibits a physical condition which the examiner of drivers reasonably believes has impaired the driver’s ability to drive, unless the licensee obtains appropriate documentation that the condition does not impair the licensee’s ability to drive or is able to correct the physical impairment or by using an adapted vehicle to the satisfaction of the examiner of drivers.

286-110

Instructional Permits

Examinations for instructional permits shall include tests of an applicant’s eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle.  The examiner of drivers may issue an instructional permit to an applicant with a disability who has completed a medical review with this state, but has failed the road test on the applicant’s first attempt.  “Applicant with a disability” means an applicant who the examiner or drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle and has been medically evaluated by the medical advisory board.

291-51

Definitions

Defines “Person with a disability” for eligibility to receive a disabled person parking permit.  Also defines “access aisle,” “certificate of disability,” “international symbol of access,” “parking space reserved for persons with disabilities,” “removable and temporary windshield placard,” “special license plate,” “sign designating the parking space for persons with disabilities.”  

291-51.3

Reimbursement to Counties

Sets forth county responsibility to issue disabled person parking permits on behalf of the State of Hawaii and the responsibility of the State to reimburse the counties for such services.

291-51.4

Fraudulent Verification

A physician who fraudulently verifies a person as disabled shall be guilty of a petty misdemeanor.

291-51.5

through

291-55

License Plates, Permits, Reciprocity, Privileges

Sets forth criteria for issuance of license plates and windshield placards, requirements to display placards; reciprocity with other jurisdictions; parking privileges.

291-52.7

Fraudulent Manufacture

A person who fraudulently manufactures or alters a placard shall be guilty of a petty misdemeanor.

291-57

Penalties

Any person who uses a parking space reserved for disabled persons without properly displaying a permit, uses an invalid permit, uses a permit issued to another person, parks in an access aisle or obstructs ingress/egress to a parking space reserved for a person with a disability or who refuses or fails to present an identification card to an enforcement officer shall be guilty of a traffic infraction and a fine up to $500.  A person who fails to display their placard but has a legitimate placard shall pay a fine between $25 and $50.

291-58

Requirement to Provide Parking

Any private or public entity shall comply with the design requirement to provide parking.  Failure to comply shall be fined $250-$500 for each separate offense.

302A-101

Exceptional Children, Definitions

“Exceptional children” means persons under 20 years of age who deviate in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capabilities; who by reason of physical defects cannot attend regular public school classes; or who are certified by a physician to be emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.

302A-406

Transportation of School Children

The Department of Education shall consider, among other things, physical handicap or special learning disability of a school child in the provision of suitable transportation to and from school and for educational field trips for all children in grades K-12 and in special education classes.

302A-412

Blind or Visually Handicapped Concessionaires

Exclusive vending machine concession rights are provided to blind or visually handicapped persons at secondary public schools.

302A-436

Department Duty Towards Exceptional Children

All exceptional children in the State shall be provided with instruction, special facilities and special services for education, therapy, and training to be established and administered by the Department of Education to enable them to live normal, competitive lives.

302A-438

Facilities, Service When Required

Where one or more exceptional children are found in any one district, the Superintendent of Education shall provide instruction, special facilities, and special services according in a manner most expedient and economical.

302A-439

Eligibility Standards

Requires the Department of Education to establish eligibility standards for exceptional children for instruction, special facilities, and special services.

302A-440

Coverage for Workers Compensation

Whenever an exceptional child undertakes to perform work for a private employer as part of the child’s instructional program, the State shall be the responsible employer for the worker’s compensation coverage.

302A-442

Related Services

DOH shall work with the Department of Education to provide related services (occupational therapy, physical therapy, school health, mental health, psychological, and medical services for evaluation or diagnostic purposes) for exceptional children within the funds available.

302A-442.5

Instructional Materials; Exceptional Children

All publishers of textbooks and instructional materials (with the exception of Hawaiian language texts) sold to the state or any public school shall furnish computer diskettes for literary subjects from which Braille versions can be produced.

302A-443

Administrative Hearings

The Department of Education shall adopt rules for an impartial hearing relating to the identification, evaluation, program, or placement of an exceptional child.

302A-1132

Attendance Compulsory; Exceptions

School attendance for all children between the ages of 6-18 years shall not be compulsory where the child is physically or mentally unable to attend school (deafness and blindness excepted).  The certification by a duly licensed physician shall be sufficient evidence.

304-1

 Non-discrimination

No person shall be deprived of the privileges of the University of Hawaii on the basis of various protected classes, including physical handicap.  “Physically handicapped” means a physical impairment which substantially limits one or more of a person’s major life activities.

321-11.2

Adult Foster Homes

“Adult foster home” means a private home providing care on a 24-hour basis for not more than two developmentally disabled adults at any point in time who are unrelated to the foster family.  Exceptions are provided for the two person limitation.

321-15.1

Definitions

“Adult residential care home” means any facility providing 24-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility.  “Assisted living facility” means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality.  “Expanded adult residential care home” means any facility providing 24-hour living accommodations for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, and who may need the professional services provided in an intermediate, skilled nursing, or acute care facility.  “Hospice home” means any facility operated by a licensed hospice service agency providing 24-hour living accommodations to no more than five unrelated persons who are admitted for hospice service.

321-15.6

Adult Residential Care Homes

Requires licensure for all adult residential care homes (ARCH) in two categories of homes (Type I and Type II) for persons who are mentally ill, elderly, handicapped, developmentally disabled or totally disabled who are not related to the home operator or facility staff.  

321-15.9

Developmental Disabilities Residential Services

Authorizes licensure of developmental disabilities domiciliary homes.  “Developmental disabilities apartment complex” means an apartment building composed of five or more separate apartment units in which every apartment unit (except for a manager) is dedicated to residence for a person with developmental disabilities or mental retardation not requiring 24-hour supervision or care.  “Developmental disabilities domiciliary homes” means a residence for not more than five persons with developmental disabilities that require 24-hour non-nursing supervised care.  The DOH shall establish criteria for licensure of homes; protect the health, safety and civil rights of residents; provide for plans of care; provide for licensure of homes; establish penalties for failure to comply with the rules; establish criteria for training; maintain a registry of all licensed facilities; and establish criteria for contracts for payment for residential services of this section.

321-15.61

Adult Residential Care Homes Expanded Admissions

Adult residential care homes may admit individuals who have been living immediately prior to admission in their own home, hospital, or other care setting who has either been admitted to a Medicaid waiver program or is a private paying individual deemed to need nursing facility level of care.

321-15.62

Expanded Adult Residential Care Homes; Licensing

Requires licensure of expanded adult residential care homes.  The Department shall establish a standard admission policy and shall maintain an inventory of such facilities.

321-15.63

Hospice Services

“Hospice” is defined as a program of palliative and supportive care for terminally ill persons and their families or caregivers.  “Hospice service agency” means an organization or agency which is engaged in providing hospice services at the place of residence of its clients.

321-15.7

Penalty

Any person who intentionally operates an adult residential care home or hospice home without a license shall be guilty of a misdemeanor.

321-28

Traumatic Brain Injury Advisory Board

Establishes within the DOH a Traumatic Brain Injury Advisory Board to advise the Department in the development and implementation of a comprehensive plan to address the needs of persons affected by disorders and disabilities that involve the brain.

321-36

Child Abuse and Neglect

Prevention programs in child abuse and neglect may include support for parents of handicapped infants and child screening for early identification and remediation of social and health problems.

321-51

through

321-54

Children with Special Health Needs

DOH is the agency designated to administer a program of services for children with special health needs.  DOH shall provide for developing, extending, and improving services, especially in rural areas, for locating such children, and providing for medical, surgical, corrective, and other services and care, facilities for diagnosis, hospitalization, and after care.

321-101

Vision and Hearing Screening Program

Establishes a systematic program to detect vision and hearing deficiencies in school children in the DOH.

321-106

Prevention of Blindness at Birth

DOH may require the administration of prophylaxis for the prevention of blindness in the newborn at childbirth.

321-171 through

321-173

Mental Health Services for Children and Youth

The DOH shall provide preventive health services for children and youth, diagnostic and treatment services for emotionally disturbed youth, and treatment and rehabilitative services for mentally ill children and youth.  All eligible children between the ages of birth and 17 shall receive the necessary mental health services.  Establishes a children’s mental health services branch, and a children’s mental health services team within each community mental health center to carry out the responsibility.

321-174

Coordination of Services with Department of Education

The Department of Education and DOH, in conjunction with the children’s mental health services team, shall develop a memorandum of agreement which shall provide for a sharing of responsibilities to include accepting referrals for evaluation and direct treatment, providing consultation and the services of psychologists, providing education and training, assisting the Department of Education with mental health and psychologists’ services for handicapped children, and developing an ongoing mechanism to assess, document and report unmet needs for mental health services for students in each geographic region.

321-175 and 321-176

Statewide Children’s Mental Health Services Plan

The children’s mental health services branch shall develop a statewide children's mental health plan.

321-281

and 282

Financial Assistance Fund; Hemophilia

Establishes a financial assistance fund for persons with hemophilia to cover medical care and treatment.  DOH shall provide financial assistance within the limits of available funds.

321-291

Tests for Phenylketonuria, Hypothyroidism, and Other Metabolic Diseases

Requires newborn testing for phenylketonuria, hypothyroidism, and any other disease specified by the DOH be administered, unless such test is contrary to the religious practices of the child’s parents or guardian. Establishes the newborn metabolic screening special fund.

321-351

Early Intervention; Definitions

“Infants and toddlers with special needs” means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk.  Defines “delayed development,” “biological risk,” and “environmental risk,” for the purposes of early intervention.

321-352 through

321-354

Early Intervention Services; Early Intervention Coordinating Council

The Department may develop a statewide, coordinated, multidisciplinary program which contains a continuum of services to meet the needs of infants with special needs.  Establishes the Hawaii Early Intervention Coordinating Council to advise the Director in the identification of sources of fiscal and other support services for early intervention programs, prepare applications and amendments, and prepare an annual report on the status of early intervention programs.

321-355 through

321-357

Early Intervention Special and Trust Funds

Establishes an early intervention special fund and the early intervention trust fund to expand and enhance early intervention services for infants and toddlers with special needs.

321-361

through

321-363

Newborn Hearing Screening Program; Definition; Newborn Screening Program

“Hearing-impaired infant” means an infant who has an impairment that is a dysfunction of the auditory system.  Establishes a statewide comprehensive and coordinated interdisciplinary program of early hearing impairment screening identification and follow-up for children, from birth to 36 months, and their families to be incorporated into the early intervention activities of the Department. 

321H-1

through

321H-4

Neurotrauma; Definitions

“Neurotrauma” means a severe chronic disability of a person that is attributable to an injury to the central nervous system.  Such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely.  The Department shall develop a system to support and provide services for survivors of neurotrauma.  Establishes a neurotrauma advisory board to advise the Department in implementing the chapter and a neurotrauma special fund for education on neurotrauma, financial assistance, a registry, and administrative expenses.

323-51

Animal Therapy

Animals commonly kept as household pets shall be allowed to be brought into long-term health care facilities for the purposes of providing therapeutic visits to patients therein.

323D-2

Definitions

“Assisted living facility” means a combination of housing, health care services, and personalized support services designed to respond to individual needs, and to promote choice, responsibility, independence, privacy, dignity, and individuality.  “Extended care adult residential care home” means an adult residential care home providing 24-hour living accommodations for a fee, for adults unrelated to the licensee.

323D-54

Exemptions from Certificate of Need Requirements

Among a list of examples, exempts extended care adult residential care homes and assisted living facilities from certificate of need requirements.

324-11 and

324-12

Mental Health and Retardation Studies

Any person, facility, or agency may provide information to DOH relating to individuals to be used in the course of any study for the purpose of reducing morbidity or mortality resulting from mental illness or mental retardation. only for the purposes of advancing medical research, medical education, or education of the public in the interest of reducing morbidity or mortality.  

325-101

Confidentiality of Records and Information

The records of any person that indicate that a person has a human immunodeficiency virus (HIV) infection, AIDS-related complex (ARC), or acquired immune deficiency syndrome (AIDS) shall be strictly confidential.  Establishes circumstances when release is permitted.

326-1 through

326-40

Establishment of Facilities for the Treatment of Persons with Hansen's Disease

DOH shall establish facilities and services as it deems necessary for the care and treatment of persons with Hansen’s disease and persons who were institutionalized for segregation by order of the Department of Health due to Hansen’s disease.  Sets forth requirements for transfer to and from facilities, employment of patients’ residency requirements, and visitors.  It is the policy of the State of Hawaii that the patient residents of Kalaupapa shall be afforded adequate health care and other services for the rest of their lives.

327E-1

through

327E-16

Uniform Health Care Decisions

Adopts a Uniform Health Care Decisions Act which would permit a competent individual to control decisions relating to his or her own medical care.  Sets forth parameters for advanced health care directives, obligations of health care providers, procedures for revocation of advanced health care directives, and provides sample forms.  Provides a mechanism for a surrogate to be appointed to make a health care decision for a patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available.

327G-1 through

327G-14

Advanced Mental Health Care Directives

Establishes parameters for a competent adult or emancipated minor to make an advanced mental health care directive.  “Advanced mental health care directive” means a written document expressing preferences, instructions, or power of attorney for mental health treatment, including but is not limited to, electroconvulsive treatment, the use of psychotrophic medication, and admission to and retention in a health care facility for the care or treatment of mental illness.

330C-5

Poison Prevention Packaging

The manufacturer or packer of any household substance subject to packaging laws may make non-standard packages available to elderly or handicapped persons unable to use such substance when packaged with appropriate warnings.

333E-1

Findings and Purpose

The State of Hawaii has a responsibility to provide services for its developmentally disabled citizens in order to support them in living self-determined lives.

333E-2

Definition, Developmental Disabilities

“Developmental disability” means a severe, chronic disability of a person which:  1) is attributable to a mental or physical impairment or combination of mental and physical impairments;  2) is manifested before the person attains age twenty-two;  3) is likely to continue indefinitely;  4) results in substantial functional limitations in three or more of the following areas of major life activity:  self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and 5) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized support, or other forms of assistance that are of life-long or extended duration and are individually planned and coordinated.

333E-3 through

333E-6

State Planning Council on Developmental Disabilities

Establishes the State Planning Council on Developmental Disabilities in DOH for administrative purposes only responsible for planning, coordinating, evaluating, advocating and reporting on behalf of persons with developmental disabilities.  The Council shall develop, prepare, adopt, and periodically review and revise the state plan for individuals with developmental disabilities; coordination of departments and agencies; monitor plans and projects; advocate and reporting.

333F-1

Definitions

Defines “Active treatment”, “Least restrictive”, “Mental retardation”, “Residence”, and “Individualized Service Plan”, among other terms, for the purposes of the developmental disabilities system.

333F-2 and

333F-3

Developmental Disabilities System

Requires DOH to develop, lead, administer, coordinate, monitor, evaluate, and set direction for a comprehensive system of programs and services for persons with developmental disabilities or mental retardation within the limits of state or federal resources.  Based upon a client-centered plan, the Department shall administer or may provide available supports and services to include, but not be limited to:  early identification and evaluation; development, planning, and implementation of service programs; establishment of a continuum of comprehensive services and residential alternatives in the community; development and implementation of a program for single entry access to services; informational and educational services; development and maintenance of respite services; prevention; provision of community-based residential alternatives; and provision of case management.

333F-6 and 333F-7

Application and Assessment for Services; Individualized Services Plan; Provision of Services

Requires DOH to administer an application and assessment system, and determine eligibility for services or supports within thirty working days of receipt of an application.  Due consideration shall be given to the preferences of the person with developmental disabilities or mental retardation, the person’s parents, or legal guardian shall be afforded in determining appropriate programs. DOH shall keep waiting lists of all individuals who are eligible for services and supports in the community.  Based upon the individualized service plan, DOH shall refer the person to services provided by the Department or to services provided under other federal or state laws, or to services provided by appropriately licensed private agencies.

333F-8

Rights of Persons with Developmental Disabilities or Mental Retardation

Persons with developmental disabilities or mental retardation shall have the following rights:  to receive the least restrictive, individually appropriate services; to reside in the least restrictive, individually appropriate residential alternative as close as possible to the person’s home community; to interact and live with or in close proximity to persons without disabilities in a normative setting; to reasonable access to review medical, service and treatment files; to develop a plan that identifies the supports needed to accomplish the plan; to control dollars and direct the provision of resources to accomplish the plan; to privacy and confidentiality.

333F-8.5

Advocacy Agency for Developmental Disabilities and Mental Illness

Establishes advocacy services to developmentally disabled and mentally ill persons in order to receive federal funds.  The Governor shall designate the entity or agency to carry out the purposes of this section.

333F-11

Director as Guardian

The Family Court may appoint the Director as guardian of any person if the person is incapacitated as defined in section 560:5-101(2); is developmentally disabled or mentally retarded; may reasonably be expected to need treatment or care; and there is no other suitable guardian, including the public guardian, willing to serve as guardian of the person.

333F-20

Standards for Services

DOH shall require appropriate standards be met by its own services or those contracted for including residential, day treatment and other related programs.

333F-21

Provision of Services; Family and Caregiver Support

The Director of DOH shall provide such services as may be necessary to maintain and enhance care giving in community-based homes for persons with developmental disabilities.  Within the limits of state and federal resources available, the services may include in-home and out-of-home respite services for families and care providers; the purchase of adaptive equipment not covered by health insurance or other resources; counseling services for families of care providers; special supply purchases, homemaker and chore services; transportation services not available through existing resources; specialized therapy services not available through insurance; case management to help families and care providers coordinate and access services; and provision of modifications to dwelling units.

333F-22

Criminal History Record Checks

DOH shall provide for criminal history record checks to assure the reputable character of an applicant to operate an adult foster home or developmental domiciliary home.

334-1

Definitions

Defines “Gravely disabled”, “Obviously ill”, “Psychiatric facility”, “Mentally ill person”, “Mental health” and “Therapeutic living program” among other definitions for purposes of the mental health system.

334-2 to

334-3

Mental Health System

DOH shall foster and coordinate a mental health system in the State and shall administer such mental health programs, services and facilities as may be provided by the State to promote, protect, preserve, care for, and improve the mental health of the people.  DOH is authorized to promote and provide for the establishment of a community-based mental health system.

334-3.5

Employment Program for the Chronically Mentally Ill

Establishes a community-based employment program for the chronically mentally ill to create business enterprises for employment; teach the skills and attitude to become employed; and provide support services including housing.

334-10 and 334-11

State Council on Mental Health; Service Area Boards

Establishes a Governor-appointed State Council on Mental Health and Governor-appointed Service Area Boards.  Each Service Area Board shall advise its center about service area needs to prevent mental or emotional disorder.  The State Council on Mental Health shall advise the Department on allocation of resources affecting multiple service areas.

334-15

Mental Health and Substance Abuse Fund

Establishes a special fund to collect monies from the certification and treatment services rendered by mental health and substance abuse programs operated by the State to be used for program operating expenses.

334-21 and

334-22

Licensing of Psychiatric Facilities, Penalty

Requires licensure to establish, maintain, or operate a psychiatric facility to which persons are involuntarily.  Establishes penalties for operation without a license.

334-59

Psychiatric Facilities:  Emergency Treatment

Sets forth emergency admission procedures to a psychiatric facility when there is reason to believe that a person is imminently dangerous to self or others, or is gravely disabled, or is obviously ill.

334-60.1

Voluntary Admission for Non-emergency Treatment

Allows for voluntary inpatient treatment at a psychiatric facility in accordance with usual standards for hospital admissions.

334-60.2 through

334-60.7

Involuntary Hospitalization-Criteria; Proceedings; Notice; Waiver; Petition; Discharge

Allows involuntarily commitment to a psychiatric facility if the court determines that the person is mentally ill or a substance abuser, is imminently dangerous to self or others, is gravely disabled, or is obviously ill, and is in need of care and/or treatment and there is no suitable alternative.  Outlines necessary procedures for involuntary commitment.

334-61

Presumption of Civil Rights

No presumption of insanity or legal incompetency shall exist with respect to any patient by reason of the patient’s admission to a psychiatric facility.

334-62

Service of Process and Paper Upon Patients

Sets forth procedures for service of process and papers relating to involuntary hospitalization.

334-71 through

334-86

Transfer, Leave, and Discharge

Sets forth policies relating to the transfer of patients, including veterans, or residents of correctional facilities, leave, authorized absences, discharge, appeal and review.

334-101 through

334-106

Community Residential Treatment System

The State shall develop a statewide system of residential, community-based mental health treatment programs to provide alternative services to institutional care.  The criteria for determining the eligibility of applicants covers facilities, staffing patterns, program elements, licensure, evaluation, and coordination.

334-121 through

334-134

Involuntary Outpatient Treatment, Definitions,

The Family Court may order a person to obtain involuntary outpatient treatment when the person is capable of surviving safely in the community with available supervision from family, friends, or others and other criteria.  Procedures for involuntary outpatient treatment, including petitions, hearings, notices, and discharge are outlined.  Treatment  shall be pursuant to its fee schedules but inability to pay shall not be grounds for denial of treatment.

334-141

through

334-148

Civil Commitment for Substance Abuse, Outpatient Treatment

Any family member may petition the Family Court requiring a person to enter an outpatient program for substance abuse.  The court shall conduct a hearing to respond to the petition.

334E-1

Informed Consent

Informed consent to any non-emergency treatment for mental illness shall be obtained before treatment commences.

334E-2

Rights of In-patients

Any patient in a psychiatric facility shall be afforded the following rights:  access to written rules and regulations with which the patient is expected to comply; access to a grievance procedure; freedom from reprisal; privacy, respect, and personal dignity; a humane environment; freedom from discrimination; a written treatment plan for each individual patient; participation in the planning of the treatment plan; the right to refuse treatment except in emergency situations or where a court order exists; right to refuse to participate in experimentation; the choice of physician if the physician chosen agrees; a medical exam before the initiation of non-emergency treatment; a qualified competent staff; confidentiality of and access to the patient’s records; uncensored communication and other rights.  

334E-3

Investigation Procedures; Powers; Penalty for Obstruction

Sets forth procedures to investigate any complaint regarding private psychiatric facilities.  DOH may bring suit in an appropriate state court to enforce these powers. 

335-1 through

335-5

Interstate Compact

The State is established as a member of the Interstate Compact on Mental Health to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient regardless of the residency or citizenship.

337-1 through

337-4

Definitions, Persons Subject to the Chapter, Procedure, Limitation

Provides for the extradition of a person alleged to be of unsound mind in a state having fled another state at which time the person was under detention by law in a hospital, asylum, or institution for the insane or determined by legal proceedings to be of unsound mind.

346-1

Definitions

 “Exempt household” means among others, a household in which all adult members or the minor parent who is head of a household are exempt due to being ill, incapacitated, or disabled, or needed to care for another household member who is ill, incapacitated, or disabled.

346-29

Application for Public Assistance

In determining the needs of an applicant or recipient for medical assistance, DHS shall apply, among other standards, the resource retention requirements under the Supplemental Security Income program.

346-29.5

Real Property Liens

DHS may require any applicant for or recipient of departmental assistance to enter into or place a lien against the real property of any recipient receiving medical assistance who is an inpatient in a nursing facility, ICF-MR, or other mental institution if the person cannot reasonably be expected to be discharged, provided that the lien shall not be enforced against the home of the recipient or while it is occupied by any surviving minor child or any physically or mentally disabled child of the recipient.

346-33

Assistance Payments

Assistance payments and compensation paid by DHS to blind persons and other persons for work performed in their homes or in workshops shall not be transferable by any assignment, sale, attachment, garnishment, execution or otherwise.

346-37

Recovery of Payments

DHS may recover from the estate of a deceased recipient the amount of medical assistance paid to the recipient only if the recipient was age 65 or over when such assistance was received and there is no dependent surviving spouse or dependent child who is blind, disabled, or under 21.  The Department shall file a claim against the estate of a recipient of medical assistance who is an inpatient in a nursing facility, an intermediate care facility for the mentally retarded or other institution, only if there is no surviving spouse or dependent child who is blind or disabled, or under 21.

346-38

Incompetency of Recipient

If the recipient is found incapable of taking care of the recipient’s money or oneself, DHS may direct its assistance to be paid to a legal guardian or any other reputable person for the recipient’s benefit or may suspend assistance for such period it deems fit.

346-52

Aged, Blind, Permanently and Totally Disabled, Eligibility for Assistance

A person shall be eligible for public assistance who meets the minimum requirements established by the federal Supplemental Security Income program or its successor agency, provided the person is also determined needy in accordance with the state standards.

346-53 and 346-53.4

Adult Residential Care Homes

The level of care payments for residents in adult residential care homes, developmental disabilities domiciliary homes, adult foster homes, and expanded adult residential care homes is based on a sliding scale depending on the classification of the facility.

346-62

Examination of Blind Persons

DHS shall not approve an application for public assistance to a blind person until the applicant has been examined by an ophthalmologist, optometrist, or a qualified physician designated by DHS.

346-71

General Assistance

The State shall provide public assistance to eligible disabled persons who are unable to provide sufficient support for themselves or their dependents.  A disabled person between 18 and 65 years of age shall be eligible, for not more than one year, if the person is determined to be needy according to established standards, is unable to qualify for federal Supplemental Security Income program, and is unable to engage in substantial gainful employment because of a determined and certified physical or mental disability.  “With a disability” means a disability which extends for a period of over sixty days.  A person determined to be eligible under this subsection may be referred to any appropriate state agency for vocational rehabilitation services as a condition of eligibility.

346-81 through

346-85

Services to Adults:  Day Care for Disabled and Aged Persons

Establishes the nature and type of services to the elderly, disabled, and aged who are qualified to receive social services according to standards and conditions prescribed by DHS.  Defines “Day care for elderly disabled and aged persons” and fines any individual, organization, or agency operating a day care center for disabled or aged persons without a license up to a maximum of $5,000.

346-222 through

346-252

Adult Protective Services:  Definitions, Provisions

“Dependent adult” means any adult who, because of mental or physical impairment is dependent upon another or on a care organization for personal health, safety or welfare.  Requires reporting to DHS when they know or have reason to believe that a dependent adult has been abused and is threatened with imminent abuse by certain professionals and outlines procedures for reporting and investigating allegations of abuse against dependent adults. Defines “Abuse” and other relevant terms;

346A-F

Home and Community Based Case Management Agencies and Community Care Foster Homes

“Home and community based  management agency” means any agency licensed by DHS to locate, coordinate, and monitor comprehensive services to meet the needs of Medicaid recipients and other adults whom the agency places in a community foster care home or an expanded adult residential care home.  These sections define community foster care homes and expanded adult residential care homes and sets forth responsibilities for home and community based management agencies to license such homes.  These sections also set forth administrative oversight and criminal record check responsibilities of DHS.  No person shall receive income for a fee, for the care of any adult at the nursing facility level for 24-hour care without licensure.

346C-1

Definitions

“Long term care services” means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently.

346C-2 through

346C-8

Long Term Care Financing Program

Sets forth the state’s long term care financing program, long term care benefits fund, fiduciary responsibilities of the Board of Trustees, and eligibility for payments.

346D-1 through

Long Term Care

Establishes the Medicaid home and community based waiver program to provide comprehensive home and community based services for aged, chronically ill, disabled, developmentally disabled, and mentally retarded individuals not otherwise available under the approved Medicaid state plan in order to avoid institutionalization.  Determines eligibility and means to provide services.

346-343

Eligibility

Residents of Hawaii who are 65 years and older, disabled, and receiving a social security benefit and who meet income and asset tests are eligible to participate in the state pharmacy assistance program.

347-1

Visually Handicapped Defined

A “visually handicapped person” means one whose vision with correcting lenses is so defective as to interfere with the person’s performance of ordinary activity for which eyesight is essential.

347-2

Blind Defined

“Blind” means blind or visually handicapped.

347-3 through

347-11

Vocational Rehabilitation for the Blind; Services; Registry; Workshops; Home Teaching; Sight Conservation

DHS shall administer, work with and for the blind, including the registry of the blind, vocational guidance training, and placement in employment and other services, including conduct of activities for sight conservation and prevention of blindness.  DHS shall provide vocational rehabilitation for blind and visually handicapped persons in accordance with certain federal laws and chapter 348.  DHS shall maintain a complete register of blind persons in the State which shall describe the condition, causes of blindness, capacity for education and industrial training, and other such facts as may seem to be of value regarding each blind person, together with recommendations for rehabilitation and relief.  DHS shall maintain one or more agencies for employment information to aid blind and visually handicapped persons in finding employment and shall provide instruction for such persons in trades and occupations.

DHS may also aid blind and visually handicapped persons and others, to become self-supporting by employing them in workshops or in their own homes.  DHS may promote visits among blind and visually handicapped persons, providing instruction in their homes, and circulating reading matter among them for their education and recreation.  DHS may accept and expend or distribute donations, eyeglasses, and other services for sight conservation and for assistance to blind and visually handicapped persons.

347-12

Blind Shop Revolving and Handicraft Fund

Creates a “Blind Shop Revolving and Handicraft Fund” for workshop or home labor purposes for blind or other persons, for materials, machinery, other facilities, erection, operation, and conduct of such workshops, and for compensation as the Department authorizes.

347-12.5

Randolph Sheppard Revolving Account

Establishes a Randolph-Sheppard revolving account to be used for the provision of benefits for blind vendors, equipment in the blind vending program, and for management services.

347-13

Blind, Partially Blind, Physically Handicapped in Public Place, Conveyances; Penalty

Blind, visually handicapped, and otherwise physically disabled persons are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging, places of accommodation, amusement, resort, and other places to which the general public is invited, subject only to the limitations by law applicable to all people.  Blind, deaf, or handicapped persons have the right to be accompanied by a guide, signal, or service dog in any of the places without being required to pay an extra charge, provided that the person be liable for any damages done to the premises or facilities by such dog. Every physically handicapped person shall have the right to use a life jacket or other floatation device in a public swimming pool if that person’s disability requires the use of a life jacket and a physician’s statement attesting to the person’s need to use the device is obtained.

347-14

Penalties

Any person injured by a violation of section 347-13 may bring a civil action to recover three times the person’s actual damages or $1,000 whichever sum is greater, for each violation and shall also be entitled to recover costs with reasonable attorney’s fees.  Any person, business, or agency and any common or public carrier, or employee of such, who violates the above section 347-13 shall be fined not more than $1,000.

347-15

Fares for Blind Person and Guide

It shall be lawful for any carrier to carry any blind person and that person’s guide dog and not charge them passenger fares.  This is not construed to place any obligation or restriction on a carrier.

347-16

Canes, Use in Public Places

No person, unless blind or visually handicapped, shall carry or use in any public place an exposed cane or walking stick which is painted white in color or painted white tipped in red.

347-17

Driver of Vehicle, Caution

Any driver approaching a blind or visually handicapped person identified by a white cane, white cane tipped in red, or a guide dog, shall take reasonable precaution to avoid accident or injury.

347-18

Penalty

Any person who violates section 347-16 or section 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both.

347-19

Rights of Blind, Partially Blind Persons

A blind or visually handicapped person not carrying a cane or using a guide dog using any of the places or accommodations in section 327-1 shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or visually handicapped person to carry a cane or to use a guide dog in any such places shall not constitute negligence.

347-20

Legislative Findings

The Legislature finds that it is the policy of the State to encourage and enable blind, visually handicapped, and otherwise physically disabled persons to participate fully in the social and economic life of the State and to engage in remunerative employment.  The State also finds that blind, visually handicapped, and otherwise physically handicapped persons have the same right as able bodied persons to the full and free use of public places.  The Legislature declares that it is the policy of the State that blind, visually handicapped, and otherwise physically disabled persons shall be employed in the State and all other employment supported in whole or part by public funds on the same terms as able bodied persons unless it is shown that the particular disability prevents performance of the work involved.

348-2

Definitions

“Handicapped individual” means an individual who is under a physical or mental disability which constitutes a substantial handicap to employment, but which is of a nature that appropriate vocational rehabilitation services may reasonably be expected to render that individual able to engage in remunerative occupation.  “Eligible handicapped individual” when used with respect to diagnostic and related services, training, guidance, and placement, means any handicapped person whose vocational rehabilitation is determined feasible by DHS and when used with respect to other vocational rehabilitation services, means an individual meeting the above requirements who is also found by DHS to require financial.  “Vocational rehabilitation services” include reader services for blind persons, interpreter services for deaf persons, and technological aids and devices.

348-8

State Rehabilitation Council

Establishes a State Rehabilitation Council to advise the Department on eligibility, order of selection, services provided, performance of the Department in providing services, and review of consumer satisfaction with performance of the Department.

348-9

Statewide Council on Independent Living

Establishes a Statewide Independent Living Council to develop a State Plan with the Department; monitor, review and evaluate the implementation of the State Plan; and coordinate activities with the State Rehabilitation Council.

348F-1 through

348F-6

Disability and Communication Access Board

Establishes the Disability and Communication Access Board (within the DOH for administrative purposes). A majority of the members must be persons with disabilities, parents or guardians of persons with disabilities. The functions of the Disability and Communication Access Board are to:  establish guidelines and provide review for the design of buildings and facilities under state or county jurisdiction; establish guidelines for the utilization of communication access services, including credentialing of sign language interpreters who do not possess national certification; administer the statewide parking program under HRS 291, part III; serve as State Americans with Disabilities Act coordinator; serve as a public advocate for persons with disabilities; conduct reviews and needs assessments; provide technical assistance to meet laws relating to access for persons with disabilities.

348F-7

Disability and Communication Access Board Special Fund

Establishes in the Disability and Communication Access Board a special fund to receive applicant fees for sign language interpreter credentialing.

350C-1 through

350C-5

Adoption Assistance Compact

DHS is authorized to enter into interstate agreements whereby children with special needs can continue to receive medical assistance after moving to another state.

353-13.3

Mental Health Care in Correctional Facilities

The Department is responsible for providing mental health services in community correctional centers.

353-15

Transfer of Committed Persons Affected with Communicable Disease

Upon written recommendation of the Director of Health, the Director of Public Safety may direct a committed person determined to have a communicable disease be removed to any hospital, settlement, or place for care and treatment of the communicable disease as designated by the Director of Health for such specialized care and treatment.

363-11

Special Housing for Disabled Veterans

Departmental rules shall specify the amount of money to be provided a veteran for the purpose of bearing the cost not borne by the federal government for specially designed homes for disabled veterans who qualify for the Veterans Administration’s  Specially Adapted Housing program.

368-1

Purpose and Intent

Discrimination on the basis of various protected classes, including disability, employment, housing, or public accommodations or access to services receiving State financial assistance is against public policy.  The purpose of the Civil Rights Commission is to provide a mechanism for uniform procedures for the enforcement of State nondiscrimination laws.

368-1.5

Programs and Activities Receiving State Financial Assistance

No otherwise qualified individual shall solely by reason of disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by State agencies, or under any program or activity receiving State financial assistance.

368-2 through

368-17

Powers and Functions of  Hawaii Civil Rights Commission

Establishes a Civil Rights Commission which shall have the powers and functions to receive, investigate, conciliate complaints and conduct proceedings on complaints alleging unlawful practices, including the ability to compel the attendance of witnesses and production of documents by subpoena; to commence civil action in civil court to seek relief; to issue the right to sue; to order appropriate legal and equitable relief or affirmative action; to publicize the results of investigations and research; to submit annual reports to the Governor and Legislature regarding its activities and recommendations for administrative or statutory changes;  to adopt rules; and to appoint necessary staff.   The Civil Rights Commission shall have jurisdiction over discriminatory practices under chapter 489, 515 and part I of chapter 378.  Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the Commission a verified complaint within 180 days of the alleged unlawful discriminatory practice.  Specific procedures for investigation, conciliation, hearings and appeals are outlined, including issuance of a notice of right to sue and ordering of remedies.

378-1

Definitions

“Disability” means a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.  “Being regarded as having an impairment” includes employer consideration of an individual’s genetic information, information on family, or refusal to submit to a genetic test as a condition of employment.

378-2

Discriminatory Practices Made Unlawful; Offenses Defined

It shall be an unlawful discriminatory practice to refuse to hire, to bar or discharge, to refuse to refer for employment or to classify, to print, circulate, or cause to be printed or circulated any discriminatory statement, advertisement, publication or application, to exclude or expel from membership, to refuse to enter into an apprenticeship agreement any person based on a variety of protected classes, including or to exclude or deny equal jobs or benefits to a qualified individual because of a relationship or association with a person who is known to have a disability.

378-3

Exceptions

Nothing in this portion on discriminatory employment practices shall be deemed to:  require the employer to execute unreasonable structural changes or expensive equipment alternations to accommodate the employment of a person with a disability or require the employer to accommodate the needs of a non-disabled person associated with or related to a person with a disability in any way not required by Title I of the  ADA.

386-1

Definitions

Defines “Disability” and “Total Disability” resulting from work injury for the purposes of eligibility for worker’s compensation.

386-2 through

386-181

Worker’s Compensation

Describes he scope of workers’ compensation law, including eligibility, general provisions, compensation, income and indemnity benefits, administration, security for compensation, rights of injured persons, funds, and vocational rehabilitation.

386-3

Mental Stress Exclusion

Excludes claims for mental stress resulting solely from disciplinary action taken in good faith by the employer (or via a standard other than good faith, if specified in collective bargaining).

386-25

Vocational Rehabilitation

Authorizes rather than requires DLIR to refer employees who may have or have suffered permanent disability as a result of work injuries and who can be vocationally rehabilitated, to the DHS or to private providers of rehabilitation services for vocational services.

387-9

Special Minimum Wages for Handicapped Workers

The Director of DLIR shall provide for the employment of handicapped workers whose earning capacity is impaired by old age or physical or mental deficiency or injury through the provision of special certificates at wages lower than the applicable minimum wage for a period as fixed in the certificate.

392-3

Definitions

Defines “Disability” as total inability of an employee to perform the duties of that person’s employment caused by sickness, pregnancy, termination of pregnancy, or accident other than a work injury as defined in section 386-3 for the purposes of temporary disability insurance.

392-1 through

392-101

Temporary Disability

Describes the Temporary Disability Insurance Law as it applies to the provision of benefits to eligible individuals with reasonable compensation for wage loss caused by disabling non-occupational sickness or accident where the disability is temporary in nature and exceeds the period of one work week.

425-5

Minors and Incompetent Persons

A minor or incompetent person may not be a partner in a general partnership registered after 1969 but may have a beneficial interest in a partnership through a trustee or duly appointed guardian

431:10-212

Individual Contract Limitations for Mentally Retarded and Handicapped Children

Every individual life insurance policy, group life insurance policy, and hospital or medical expense insurance policy, delivered or issued after May 8, 1968 which has a limiting age of dependent children shall not apply to a child who is incapable of self-sustaining employment due to mental retardation or physical handicap and who is chiefly dependent upon the policyholder for support and maintenance, provided such proof is supplied within 31 days of the attainment of the limiting age of the child.

431:10A-118

Genetic Information Non-discrimination in Health Insurance Coverage

No insurer may 1) use an individual’s or a family member’s genetic information, or request for genetic services to deny or limit coverage or establish eligibility, continuation, enrollment, or premium payments; 2) request or require collection or disclosure of an individual’s or a family member’s genetic information; or 3) disclose an individual’s or a family member’s genetic information without the written consent of the person affected, the persons’ legal guardian, or a person with power of attorney for health care for the person affected.  “Genetic information” means information about genes, gene products, hereditary susceptibility to disease, or inherited characteristics that may derive from individual or family members.

431:10A-120

Coverage for Inborn Errors of Metabolism

Each policy of accident and sickness insurance providing coverage for health care, other than accident only, specified disease, hospital indemnity, medicare supplement, long term care, or other limited benefit health insurance policy that is issued or renewed in this state, shall provide coverage for medical foods and low protein modified foods for the treatment of an inborn error of metabolism for its policyholders or dependents under certain conditions outlined by law.

431:10A-121

Coverage for Diabetes

Each policy of accident and sickness insurance providing coverage for health care, other than accident only, specified disease, hospital indemnity, medicare supplement, long term care, or other limited benefit health insurance policy that is issued or renewed in this state, shall provide coverage for outpatient diabetes self management training, education, equipment, and supplies under certain conditions.

431:10A-201 through 431:10A-208

Group and Blanket Disability Insurance Health Insurance

Provides general and specific requirements for insurance carriers for group accident and coverage and disability.

431:10B-101 through 431:10B-114

Credit Life Insurance

Provides general and specific requirements for insurance carriers for credit life insurance and credit disability insurance.

431:10C-207

Discriminatory Practices Prohibited

No insurer shall base any standard or rating plan upon a person’s physical handicap, among other criteria.

431:10C-407

Motor Vehicle Insurance

The Joint Underwriting Plan shall provide protection (no-fault insurance) for (a) all licensed drivers, unlicensed permanently disabled individuals who are unable to operate their motor vehicles who are receiving public assistance provided they are the sole registered owner of the motor vehicle, that there is not more than one vehicle per public assistance unit, and that it is used for personal, not commercial, purposes or (b) is a licensed physically handicapped driver, including drivers with any auditory limitations.

431:10C-410

Schedules

In the Joint Underwriting Plan, no rate for a physically handicapped driver shall be set higher than that assessed to a comparable driver without limitations, except due to driving record.

431:10H-201 through 431:10H-402

Long Term Care Insurance Exempted

Sets forth rules relating to the issuance of long term care insurance, benefits, etc.

431:13-103

Unfair Methods of Competition; Unfair or Deceptive Acts or Practices Prohibited

Refusing to insure, continue to insure, or limiting the amount of coverage available to an individual based solely upon the individual’s having taken a human immunodeficiency virus (HIV) test prior to applying for insurance or because the individual refuses to consent to the release of information which is confidential is a discriminatory practice in the business of insurance.  

431M-1 through

431M-6

Mental Health and Alcohol and Drug Abuse Treatment Insurance Benefits

Sets forth general rules to insure individual and group accident health or sickness insurance policies issued in the state, individual or group hospital or medical services plan contracts and nonprofit mutual benefit society and health maintenance organization health plan contracts shall include coverage for alcohol and drug dependence, and mental illness treatment.

431M-5

Nondiscrimination

Deductibles and co-payment for treatments in this section shall not be greater than those applied to comparable physical illnesses.  This does not preclude the imposition of equivalent cost sharing.

432:1-601

Individual Contract Limitations for Mentally Retarded and Handicapped Children

An individual and group hospital or medical service plan delivered after May 8, 1968 which has a limiting age for dependent children shall not apply to a child who is incapable of self-sustaining employment due to mental retardation or physical handicap and who is chiefly dependent upon the policyholder for support and maintenance provided such proof is supplied within 31 days of the attainment of the limiting age of the child.

432:1-612

Coverage for Diabetes

All group health care contracts under this chapter shall provide coverage for outpatient diabetes self management training, education, equipment, and supplies under certain conditions outlined by law.

432D-26

Genetic Information Nondiscrimination in Health Insurance Coverage

No health maintenance organization may 1) use an individual’s or a family member’s genetic information, or request for genetic services to deny or limit coverage or establish eligibility, continuation, enrollment, or premium payments; 2) request or require collection or disclosure of an individual’s or a family member’s genetic information without the written consent of the person affected, the person’s legal guardian, or a person with power of attorney for health care for the person affected.  “Genetic information” means information about genes, gene products, hereditary susceptibility to disease, or inherited characteristics that may derive from individual or family members.

442-17

Duties of Licensees

Chiropractic licensees may execute disability and health certificates so long as they are confined to physical conditions and ailments which they are, by law, authorized to treat.

445-90 through

445-96

Licensure; Lodging or Tenement House, Group Home, Group Residence, Group Living Arrangement, or Rooming House, Boardinghouse

Establishes the authority of the counties to license facilities as lodging or tenement houses, group homes, group residences, group living arrangements, rooming houses and boardinghouses. Prohibits operation without licensure.

456-19

Notary Signing for a Disabled Person

A notary may sign the name of a person physically unable to sign or make a mark on a document presented for notarization; provided that the notary is satisfied that the person has voluntarily given consent for the notary to sign on the person’s behalf.  If a doctor’s written certificate is provided to the notary certifying that the person is unable to physically sign or make a mark due to disability, and that the person is capable of communicating his/her intentions.

481B-2

Misrepresentation as to Aid to Handicapped Persons

It is unlawful for any person in business for profit to misrepresent that person’s sales are for the benefit of handicapped persons.  Any disabled or handicapped person who solicits sales by telephone and represents that person as being disabled shall disclose that person’s name, vocational certificate number, employer, the amount of remuneration that person will receive, and whether that person represents a business owned by persons who are not disabled.

481B-3

Certificate for Solicitation

The Division of Vocational Rehabilitation shall issue a numbered certificate to a person who has a disability which constitutes a substantial permanent or semi-permanent disability to employment to enable that person to solicit goods or services by phone for a period of one year, or longer, if renewed.

481K-1

Definitions

“Assistive device” means any device, including a demonstrator that consumer purchases or accepts transfer of in this State which is used to assist a person with a disability in connection with a major life activity including, but not limited to, mobility, vision, hearing, speech, communication, maneuvering, and manipulation of a person’s environment.

481K-2 through

481K-6

Warranties and Various Protections

No assistive device shall be sold, leased, or delivered in this State to a consumer unless accompanied by a written warranty under which the manufacturer’s warrants that the device is fit for the ordinary purposes for which the device is used, and undertakes to pay the full cost of both parts and labor necessary to repair any nonconformity.  Sets forth manufacturer’s obligations for replacement, refund, nonconformity disclosure requirements, remedies, and penalties.

489-1

Purpose

The interests, rights, and privileges of all persons within the State with regard to access and use of public accommodations are protected by prohibiting unfair discrimination.

489-2

Definitions

“Disability” means a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment or being regarded as having such impairment.  “Place of public accommodation” means a business accommodation, shopping center, auditorium or professional office of a health care provider, refreshment, entertainment, recreation, or transportation facility of any kind and other described places, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.

489-3

Discriminatory Practices Prohibition

Prohibits unfair discriminatory practices which deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of various protected classes, including disability.

489-5

Other Discriminatory Practices

It is a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, or privileges, advantages, and accommodations of a place of public accommodation because of the known disability of an individual with whom the person is known to have a relationship or association.

489-6 through

489-8

Exception; Complaints; Reporting Requirements

Any person claiming to be aggrieved by a unfair discriminatory practice under this chapter may file a complaint with the Civil Rights Commission on the basis of disability.  This chapter does not limit any cause of action based upon any unfair discriminatory practices for which a remedy is available under state or federal law.  Civil penalties are established.

502C-1

Definitions

“Family child care home” means a private residence, including an apartment, unit, or townhouse, where care may be provided for three to no more than six children, who are unrelated to the caregiver by blood, marriage, or adoption at any given time.

502C-2

Family Care Child Home; Authorization

A family child care home located in a townhouse project shall comply with the Equal Opportunity for Individuals with Disabilities Act (Americans with Disabilities Act of 1990, 42 U.S.C., 12102, et seq., as amended); provided that any improvements or remodeling made to the particular apartment or unit out of which the family child care home operates, or to the corresponding common elements, to comply with the ADA as it applies to the family child care home, shall be made and paid for by the operator of the family child care home.  If the ADA requires that establishment of a family child care home requires modifications or improvements to the common elements, the operator of the family child care home shall obtain approval of the modifications or improvements from the association before undertaking any construction.  An association may impose conditions on the establishment or operation of a family child care home that are necessary for association immunity from liability under section 663-1.53, including requiring the family child care home to comply with the ADA.

514B-142

  Aging in Place

The association, its directors, unit owners, and their agents and tenants, acting through the Board, shall not have legal responsibility or liability relating to an elderly unit owner who may require services and assistance to maintain independent living.

515-2

Definitions

“Disability” means a physical or mental impairment, having a record of such an impairment, or being regarded as having such an impairment.  It does not include current illegal use of or addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others.

515-3

Discriminatory Practices

It is a discriminatory practice for an owner or any other person engaging in real estate transaction or for a real estate broker or salesperson to discriminate against a person on the basis of various protected classes, including disability or HIV infection; or because the person uses the services of a guide, signal, or service animal; or to require that the buyer, renter, or lessee be tested for HIV; or to refuse to permit, at the expense of a person with a disability, reasonable modification to existing premises occupied or to be occupied by a person with a disability; or to refuse to make modifications to rules, policies, practices, procedures to afford a person with a disability equal opportunity to use and enjoy a housing accommodation; or fail to design and construct housing to be accessible for a person with a disability.  “Guide dog,” “signal dog,” and “service animal” and “reasonable restriction” are defined.

515-5

Discriminatory Financial Practices

A person to whom application is made for financial assistance in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of real property may not discriminate against the applicant on the basis of various protected classes, including disability or HIV infection.

515-6

Restrictive Covenants and Conditions

Any oral or written provision relating to real property which purports to prohibit or restrict the conveyance, encumbrance, occupancy or lease thereof to an individual on the basis of various protected classes, including disability or HIV infection is void.  Every condition, restriction or prohibition, including a right of entry or possibility of reversion to prior or successor owner, which directly or indirectly limits the use or occupancy of real property on the above specified basis, is void except for limited use by a religious institution.

515-7

Blockbusting

It is discriminatory for a person engaging in real estate transactions to represent that a change will, may, or has occurred, resulting in the lowering of property values, an increase in neighborhood crime, antisocial behavior, or a decline in the quality of schools in the area on the basis of various protected classes, including disability or HIV infection.

515-9 through

515-14

Enforcement; Complaint and Subsequent Proceedings; Hearing; Dismissal; Determination of Discriminatory Practice; Relief; Judicial Review; Enforcement

These sections provide the mechanism for complaint and enforcement regarding discriminatory practices in real property transactions.  The Civil Rights Commission has jurisdiction over the subject of real property transaction practices and discrimination which are unlawful.

515-16

Other Discriminatory Practices

It is a discriminatory practice for a person, or two or more persons to conspire to:  (6) threaten, intimidate or interfere with persons in their enjoyment of a housing accommodation on the basis of various protected classes, including disability or HIV infection or associates of such persons.

516-62

Discrimination

No person shall be denied the right to become a lessee of a residential lot on the basis of various protected classes, including physical handicap.

518-3

Invalidity of Certain Restrictive Covenants

It is the public policy of the State to establish community residences in residential areas.  Any restrictive covenant or other private legal impediment which prevents or restricts the establishment of a facility licensed as an adult residential care home, ICF/MR-C or special treatment facility in areas zoned for residential use, shall be void and unenforceable as to such community residences.

551-1

Guardians; Jurisdiction

Family courts shall have jurisdiction to appoint guardians of the persons.  Circuit courts shall have jurisdiction to appoint guardians of the property.  Either or both may be appointed.

551-2

Guardian Ad Litem; Next Friend; Appointment

Any court may appoint a guardian ad litem to defend the interest of any minor or person not in being impleaded in such court, or appoint or allow any person as next friend for a minor to commence, prosecute or defend any action or proceeding on behalf of that minor.

551-35

Natural Guardian of Person Alleged to be Incapacitated or in Need of Protective Proceedings

The father and mother of an incapacitated or protected person are jointly and severally the natural guardians of that person and property and shall have equal powers and duties with respect to the person.  If one parent dies or abandons the family or is incapable to act as guardian, the guardianship is transferred to the other parent.

551A-1 through

551A-9

Office of the Public Guardian

Establishes the Office of the Public Guardian in the Judiciary.  The Public Guardian shall serve as a guardian, limited guardian, testamentary guardian or temporary guardian of the person of an incapacitated person and shall have the same powers and duties as a private guardian.  Petitions for public guardianship may be filed by the public guardian or by any person, agency or facility responsible for the support or care of individuals who are not able to understand or adequately participate in decisions concerning their care and have no relatives or friends willing and able to act as a guardian.  The Public Guardian shall assist the court as the court may request or direct in proceedings for the appointment of a guardian and in the supervision of guardians; provide assistance to guardians in the discharge of their duties; and shall also develop public education programs on guardianship and its alternatives as well as encourage the development of private guardians. The administration of the Office of the Public Guardian is described in these sections.

560:1-201

Definitions

“Disability” means cause for a protective order as described in section 560:5-401.  “Incapacitated person” means an individual described in section 560:5-101.  “Guardian” means a person appointed by the court who has qualified as guardian of a minor or incapacitated person pursuant to a testamentary or court appointment, but excludes one who is merely a guardian ad litem.

560:5-102

Definitions

“Incapacitated person” means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate and reasonable available technological assistance.

560:5-201 through

560:5-210

Guardianship

These sections describe the court appointment of the guardian of the person, venue, qualifications, procedures, acceptance of appointment, notice, powers and duties, termination of appointment, subsequent proceedings, resignation, and removal.

560:5-301 through

560:5-318

Guardianship

These sections describe testamentary (by a will) nomination of a guardian of the person for incapacitated persons, venue, procedure for court appointment, findings, order of an appointment, acceptance of appointment, termination of guardianship, removal or resignation of guardian of the person, termination of incapacity, periodic reports on the status of the ward, notice, temporary guardians, who may be a guardian, powers and duties of a guardian of the person, and other matters.

560:5-401 through

560:5-433

Protection of Property of  Protected Persons

These sections describe protective proceedings, venue, original petition for appointment or protective order, notice, procedure concerning hearing and order, permissible court orders, protective arrangements, who may be appointed guardian of the property in administration, distributive duties and powers, claims against a protected person, liability of guardian, and termination of guardianship.

560:5-601 through

560:5-609

Incapacitated Persons, Sterilization Rights

“Informed assent” means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequence of the procedure and insofar as the ward is able to, indicates a willingness and choice to undergo sterilization.  “Ward” means an incapacitated person for whom the Family Court has appointed a guardian of the person because the person lacks the legal power to consent to sterilization.  The process and safeguards to enable adult wards to be sterilized if they have given informed assent is described.

571-11

Jurisdiction; Children

Except as otherwise provided, the court shall have exclusive original jurisdiction in proceedings for the treatment or commitment of a mentally defective, mentally retarded, or mentally ill child.

571-61

Termination of Parental Rights

The Family Court may involuntarily terminate the parental rights with respect to any child as to any legal parent:  whose child has been judicially removed from the parents’ physical custody due to neglect, as to proper or necessary support, or as to medical or other care necessary for the child’s well-being, or who is abandoned by the child’s parent or other custodian, or who has subjected the child to physical or emotional deprivation or abuse, or who is found by the court to be mentally ill or mentally retarded and incapacitated from giving consent to the adoption of, or from providing now and in the foreseeable future, the care necessary for the well-being of the child.

578-2

Consent to Adoption

Consent is not required from parents who are judicially declared mentally ill or mentally retarded and who are found by the court to be incapacitated from giving consent to the adoption of the child.

578-8

Suitability of Parents

The court may approve an adoption if it is satisfied that the individual is physically, mentally, and otherwise suitable for adoption by the petitioners.  The physical disability of the petitioners shall not of itself be a determinant of unfitness.

580-6

Guardian Ad Litem for Incompetent Defendant

Whenever the court has reason to believe that the defendant in a matrimonial action is not fully competent to conduct the defendant’s defense or to comprehend the nature of the proceedings, the court may appoint a guardian ad litem to represent the interests of the defendant.

580-21

Grounds for Annulment

The Family Court may declare a marriage contract void if any of the following exists at the time of marriage:  that one of the parties lacked the mental capacity to consent to the marriage; or that one of the parties was a sufferer or afflicted with any loathsome disease and the fact was concealed from, and unknown to, the party applying for annulment.

580-26

Lack of Mental Capacity

The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled under circumstances specified in the law.

580-27

Legitimacy in Case of Annulment

Upon annulment of a marriage due to nonage, lack of mental capacity of either party to consent to a marriage or for any other specified ground, the children of the marriage shall be legitimate.

580-28

Physical Incapacity

An action to annul the marriage on the grounds of physical incapacity of one of the parties at the time of the marriage, shall only be maintained by the injured party, against the party whose incapacity is alleged and shall in cases be brought to the court within two years from date of marriage.

580-44

Persons Affected with Hansen’s Disease

The Attorney General or deputies shall represent in divorce proceedings, any person affected with Hansen’s disease detained at any hospital, settlement or care facility.

612-2

Non-Discrimination

A citizen shall not be excluded from jury services in this State on the basis of various protected classes, including physical handicap, except as provided in section 612-4(3).

612-3

Definitions

“Physical handicap” means a physical impairment which substantially limits one or more of a person’s major life activities.

612-4

Grounds of Disqualification

A prospective juror is disqualified to serve as a juror if that person is incapable by reasons of physical or mental disability of rendering satisfactory jury service.  A person claiming this disqualification may be required to submit a physician’s certificate as to the disability.

702-235

Ineffective Consent

Consent does not constitute a defense if it is given by a person who by reason of youth, mental disease, disorder, or defect, or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature of harmfulness of the conduct alleged.

704-401

through

704-403

Physical or Mental Disease, Disorder, or Defect Admissible When Relevant to State of Mind; Affirmative Defense; Fitness to Proceed

Evidence that the defendant suffered from a physical or mental disease, disorder, or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is required to establish an element of the offense.   No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against that person or to assist that person’s own defense shall be tried, convicted, or sentenced for an offense so long as such incapacity lasts.

704-404 through

704-416

Fitness to Proceed

These sections set forth the requirements for examination of the defendant, capacity to appreciate wrongfulness of the defendant’s conduct, and fitness to proceed, legal acquittal, commitment, conditional release, and discharge.

706-607

Civil Commitment in Lieu of Prosecution or of Sentence

When a person prosecuted for a Class C felony, misdemeanor or petty misdemeanor is a chronic alcoholic, narcotic addict or person suffering from mental abnormality and the person is subject to involuntary hospitalization for medical, psychiatric or other rehabilitative treatment, the court may order such hospitalization and dismiss the prosecution.

706-620

Authority to Withhold Sentence of Imprisonment

A defendant convicted of a crime may be sentenced to a term of probation unless the crime involved the death or infliction of serious or substantial bodily injury upon a child, an elder person or a handicapped person under section 706-660.2.

706-660.2

Sentence of Imprisonment for Offenses Against Children, Elderly Persons, or Handicapped Persons

A person who, in the course of committing or attempting to commit a felony, causes the death or serious injury upon a person who is 60 years of age or older, eight years of age or young, or who is blind, paraplegic, or a quadriplegic and such disability is known or reasonably should be known to the defendant shall, if not subjected to an extended term of imprisonment, be sentenced to a mandatory minimum term of imprisonment without possibility of parole for an extended schedule as specified in the statute.

706-662(5)

Criteria for Extended Terms of Imprisonment

A convicted defendant may be subject to an extended term of imprisonment if the defendant is an offender against the elderly, handicapped, or child under the age of eight.  The court shall make such a finding if the defendant attempts or commits murder, a sexual offense which constitutes a felony, robbery, felonious assault, burglary, and kidnapping and inflicts serious or substantial bodily injury upon a person who is blind, a paraplegic, or a quadriplegic and such disability is known or should be reasonably known to the defendant.

707-731

Sexual Assault in the Second Degree

A person commits the offense of sexual assault in the second degree if the person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless.

707-732

Sexual Assault in the Third Degree

A person commits sexual assault in the third degree if the person knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with the actor.

709-905

Endangering the Welfare of an Incompetent Person

A person who knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person incapable of self-care because of physical or mental disease, disorder, or defect commits the misdemeanor offense of endangering the welfare of an incompetent person.