HAR §11-156.1-40
HAR §11-156.1-40. §11-156
Cite as Haw. Code R. § 11-156.1-40
1-40 Noncompliant behavior and public health threats. (a) Before using mandatory measures, the department shall counsel a case, suspected case, or contact on disease control measures and the reasons therefor and shall attempt to secure voluntary compliance.
(b) The department shall investigate a report of a case or suspected case exhibiting noncompliant behavior and ascertain whether there is credible evidence to substantiate the allegation of noncompliant behavior, including making a reasonable attempt to conduct a personal interview to assess the person's understanding of the exposure to infection with the reportable disease, its treatment, and the behaviors that place others at risk of infection.
(c) If the department's investigation confirms a case or suspected case has received appropriate counseling on the methods to prevent transmission of the infection and has engaged in noncompliant behavior that exposes others to infection of the disease and the department determines quarantine is the least restrictive means by which the public health, safety, and welfare can be protected, the department may seek to quarantine the noncompliant person in accordance with sections 325-8 and 325-9, HRS, or seek other injunctive relief under any applicable section of the Hawaii Revised Statutes. [Eff MAR 20 2026] (Auth: HRS §§321-9, 325-13) (Imp: HRS §§321-1, 321-31, 325-1.5, 325-8, 325-9)