Terms Used In Hawaii Revised Statutes > Chapter 323D > Part V - Certificate of Need

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
• Board: means the radiologic technology board. See Hawaii Revised Statutes 466J-1
• Capital expenditure: means any purchase or transfer of money or anything of value or enforceable promise or agreement to purchase or transfer money or anything of value incurred by or in behalf of any person for construction, expansion, alteration, conversion, development, initiation, or modification as defined in this section. See Hawaii Revised Statutes 323D-2
• Certificate of need: means an authorization, when required pursuant to § 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
• Certified: means holding a license issued by the board when used in conjunction with the title "radiographer" "radiation therapist" or "nuclear medicine technologist". See Hawaii Revised Statutes 466J-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Hawaii Revised Statutes 466J-1
• Director: means the director of health. See Hawaii Revised Statutes 466J-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Expenditure minimum: means $4,000,000 for capital expenditures, $1,000,000 for new or replacement medical equipment and $400,000 for used medical equipment. See Hawaii Revised Statutes 323D-2
• Fraud: Intentional deception resulting in injury to another.
• Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
• health care service: include any program, institution, place, building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. See Hawaii Revised Statutes 323D-2
• health care services: means the provision of services in an assisted living facility that assists the resident in achieving and maintaining the highest state of positive well-being (i. See Hawaii Revised Statutes 323D-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• modify: includes the erection, building, reconstruction, modernization, improvement, purchase, acquisition, or establishment of a health care facility or health care service; the purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision therefor; the arrangement or commitment for financing the offering or development of a health care facility or health care service; any obligation for a capital expenditure by a health care facility; and studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary for any such undertaking, which will:

  (1) Result in a total capital expenditure in excess of the expenditure minimum,

  (2) Substantially modify, decrease, or increase the scope or type of health service rendered, or

  (3) Increase, decrease, or change the class of usage of the bed complement of a health care facility. See Hawaii Revised Statutes 323D-2

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nuclear medicine technologist: means any person who administers radiopharmaceuticals to human beings and conducts in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
• Nuclear medicine technology: means the application of radiopharmaceuticals to human beings and the performance of in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county. See Hawaii Revised Statutes 323D-2
• Radiation therapist: means any person who applies ionizing radiation to human beings for therapeutic purposes. See Hawaii Revised Statutes 466J-1
• Radiation therapy technology: means the application of ionizing radiation to human beings for therapeutic purposes. See Hawaii Revised Statutes 466J-1
• Radiographer: means any person who applies x-rays to human beings for diagnostic purposes. See Hawaii Revised Statutes 466J-1
• Radiography: means the application of x-rays to human beings for diagnostic purposes. See Hawaii Revised Statutes 466J-1
• Radiologic technology: means the application of x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes. See Hawaii Revised Statutes 466J-1
• Review panel: means the panel established pursuant to § 323D-42. See Hawaii Revised Statutes 323D-2
• State agency: means the state health planning and development agency established in § 323D-11. See Hawaii Revised Statutes 323D-2
• State health services and facilities plan: means the comprehensive plan for the economical delivery of health services in the State prepared by the statewide council. See Hawaii Revised Statutes 323D-2
• Statewide council: means the statewide health coordinating council established in § 323D-13. See Hawaii Revised Statutes 323D-2
• Subarea: means one of the geographic subareas designated by the state agency pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
• Subarea council: means a subarea health planning council established pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means responsibility for, and control of, quality, radiation safety, and technical aspects of all x-ray, radiopharmaceutical, or ionizing radiation examinations and procedures. See Hawaii Revised Statutes 466J-1