Terms Used In Hawaii Revised Statutes > Chapter 325 - Infectious and Communicable Diseases

• Activity desk: means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or combination thereof, which for compensation or other consideration, acts or attempts to act as an intermediary to sell, contract for, arrange, or advertise that it can or will arrange, or has arranged, activities which are furnished by an activity provider. See Hawaii Revised Statutes 468M-1
• Activity provider: means an individual, firm, corporation, association, partnership, or any group of persons, whether incorporated or not, which provides specialized air, land, or sea tour excursions and activities, but does not mean sellers of airline coupons or tickets. See Hawaii Revised Statutes 468M-1
• 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.
• Agency: means the Hawaii emergency management agency. See Hawaii Revised Statutes 127D-2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• ASHA: means the American Speech-Language-Hearing Association, the national administrative office of which is located in Rockville, Maryland, 10801 Rockville Pike (20852). See Hawaii Revised Statutes 468E-2
• Assistance: means emergency responders and resources provided by a responding member county in response to a request from a requesting member county. See Hawaii Revised Statutes 127D-2
• Audiologist: means an individual who practices audiology. See Hawaii Revised Statutes 468E-2
• Board: means the state board of speech pathology and audiology, established under § 468E-6. See Hawaii Revised Statutes 468E-2
• Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
• Charitable organization: means :

  (1) Any person determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or

  (2) Any person who is or holds itself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose, or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that has a tendency to suggest there is a charitable purpose to the solicitation. See Hawaii Revised Statutes 467B-1

• Charitable purpose: means :

  (1) Any purpose described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or

  (2) Any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective. See Hawaii Revised Statutes 467B-1

• Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, that represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or charitable purpose. See Hawaii Revised Statutes 467B-1
• Charter tour: means any travel services in which a travel agency contracts with an air carrier and offers for sale a charter, with or without related ground transportation or hotel accommodations. See Hawaii Revised Statutes 468L-1
• Charter tour operator: means any person who sells or offers for sale charter tours, whether offered on a wholesale or retail basis, excluding any direct air carrier as defined by title 14, Code of Federal Regulations, section 380. See Hawaii Revised Statutes 468L-1
• Commercial co-venturer: means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable sales promotions. See Hawaii Revised Statutes 467B-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means any purchaser of travel services other than a retailer or wholesaler of travel services. See Hawaii Revised Statutes 468L-1
• Continuing education courses: means courses approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards. See Hawaii Revised Statutes 467E-1
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the [invasive species council]. See Hawaii Revised Statutes 194-1
• County: means the city and county of Honolulu or the county of Hawaii, Kauai, or Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127D-2
• County: means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui. See Hawaii Revised Statutes 48E-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of the attorney general. See Hawaii Revised Statutes 467B-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 467E-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 468M-1
• Department: means any entity that is a member of the [invasive species council] established under section [ 194-2(a) ]. See Hawaii Revised Statutes 194-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 468L-1
• Department: means the department of health. See Hawaii Revised Statutes 325-111
• Dependent: A person dependent for support upon another.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 467E-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 468M-1
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 468L-1
• Director: means the director of health. See Hawaii Revised Statutes 325-111
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Emergency: means an event or set of circumstances that:
  (1) Demands immediate action to preserve public health, protect life and public property, or provide relief to any stricken community overtaken by the event or circumstance; or
  (2) Reaches a dimension or degree of destructiveness as to warrant the declaration of a state of emergency or local state of emergency, pursuant to § 127A-14. See Hawaii Revised Statutes 127D-2
• Emergency responder: includes but is not limited to law enforcement officers, fire fighters, emergency medical services personnel, physicians, nurses, other public health personnel, emergency management personnel, and public works personnel. See Hawaii Revised Statutes 127D-2
• Ethic courses: include ethic theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics. See Hawaii Revised Statutes 467E-1
• Exempt government employee: means an employee in a social worker position with any federal, state, or county government agency. See Hawaii Revised Statutes 467E-1
• Foreign limited liability partnership: means a partnership that:

  (1) Is formed under laws other than the laws of this State; and

  (2) Has the status of a limited liability partnership under those laws. See Hawaii Revised Statutes 425-101

• Fraud: Intentional deception resulting in injury to another.
• Fundraising costs: means those costs incurred in inducing others to make contributions to a charitable organization for which the contributors will receive no direct economic benefit. See Hawaii Revised Statutes 467B-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gross receipts: means the total amount of money, contributions, and revenue of any kind received by the charitable organization from all sources, without subtracting any costs or expenses. See Hawaii Revised Statutes 467B-1
• Gross revenue: means income of any kind from all sources, including all amounts received as the result of any solicitation by a professional solicitor. See Hawaii Revised Statutes 467B-1
• Health care provider: means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced practice registered nurse licensed under the provisions of chapter 457, pharmacist licensed under the provisions of chapter 461, physician's assistant licensed under the provisions of chapter 453, person authorized to practice medicine as a physician or physician's assistant, or nursing as an advanced practice registered nurse, in federal facilities located in the State, that administers immunizations in Hawaii, or any other person authorized to prescribe vaccinations in Hawaii. See Hawaii Revised Statutes 325-121
• Health organization: means a health insurance company, fraternal benefit society governed by article 2 of chapter 432, mutual benefit society governed by article 1 of chapter 432, health care service plan or health maintenance organization governed by chapter 432D, or any other entity delivering or issuing for delivery in the State accident and health or sickness insurance as defined in § 431:1-205. See Hawaii Revised Statutes 325-121
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
• Medical emergency: means any disease-related situation that threatens life or limb. See Hawaii Revised Statutes 325-101
• Medical personnel: means any health care provider in the State, as provided in § 323D-2, who deals directly or indirectly with the identified patient or the patient's contacts, and includes hospital emergency room personnel, the staff of the communicable disease division of the department of health, and any other department personnel as designated by the director. See Hawaii Revised Statutes 325-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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.
• Operational control: means the limited authority to direct tasks, assignments, and use of assistance provided pursuant to a request for assistance issued under this chapter to address:
  (1) Response, mitigation, or recovery activities related to an emergency; or
  (2) Participation in drills or exercises in preparation for an emergency. See Hawaii Revised Statutes 127D-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Participant: means an injection drug user who exchanges a sterile needle and syringe unit pursuant to the program. See Hawaii Revised Statutes 325-111
• Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under § 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
• Person: means an individual, corporation, limited liability company, association, partnership, trust, foundation, and any other entity, however styled. See Hawaii Revised Statutes 467B-1
• Person: means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter. See Hawaii Revised Statutes 468E-2
• Person: means any sole proprietorship, organization, trust, group, association, partnership, joint venture, corporation, limited liability company, limited liability partnership, society or other entity, or any combination of any of the foregoing. See Hawaii Revised Statutes 468L-1
• Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pollution control project: means any processing enterprise consisting of property, or improvements or alterations to property, designed, acquired, constructed, installed, or modified, and certified as necessary or desirable by the state department of health, to abate, control, reduce, treat, eliminate, or dispose of solid waste, and specifically includes facilities which incidentally provide for the recovery of energy or material resources, or both. See Hawaii Revised Statutes 48E-1
• Post-secondary school: means any adult education school, business school, trade school, community college, college, or university enrolling or registering students above the age of compulsory attendance. See Hawaii Revised Statutes 325-121
• Practice of social work: means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems. See Hawaii Revised Statutes 467E-1
• practice of speech pathology: means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to the development and disorders of speech and related language and hearing for the purpose of modifying speech and related language and hearing disorders. See Hawaii Revised Statutes 468E-2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• professional fundraising counsel: means any person who, for compensation, plans, conducts, manages, advises, consults, or prepares material for, or with respect to, the solicitation of contributions in this State for a charitable organization, but who actually solicits no contributions as a part of the person's services, and who does not employ, procure, or engage any compensated person to solicit contributions. See Hawaii Revised Statutes 467B-1
• Professional solicitor: means any person who, for a financial or other consideration, solicits contributions in this State for a charitable organization, or any person with whom the professional solicitor independently contracts to solicit for contributions. See Hawaii Revised Statutes 467B-1
• Program: means the sterile needle and syringe exchange program. See Hawaii Revised Statutes 325-111
• Project agreement: means any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or combination thereof entered into under this chapter by the county, including the financing of a pollution control project from the proceeds of the special purpose revenue bonds. See Hawaii Revised Statutes 48E-1
• Project party: means the person with whom the county enters into a project agreement. See Hawaii Revised Statutes 48E-1
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified charter tour client trust assets: means cash or cash equivalents held by a bank or a similar federally-insured financial institution in one or more separate charter tour client trust accounts maintained in compliance with sections 468L-5 and 468L-23. See Hawaii Revised Statutes 468L-1
• Qualified charter tour client trust liabilities: means all cash or cash equivalents received by a charter tour operator for travel services, and shall be accounted for in a charter tour trust liability account on the books and records of the charter tour operator. See Hawaii Revised Statutes 468L-1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registry: means the Hawaii immunization registry. See Hawaii Revised Statutes 325-121
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Requesting member county: means a member county that requests assistance from another member county under this chapter. See Hawaii Revised Statutes 127D-2
• Responding member county: means a member county providing or intending to provide assistance to a requesting member county under this chapter. See Hawaii Revised Statutes 127D-2
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• School: means any child care center, preschool, day care center, day nursery, head start program, group child care home, kindergarten, elementary, intermediate, middle, or secondary school that is responsible for ensuring student compliance with mandatory school immunization entrance requirements. See Hawaii Revised Statutes 325-121
• Service of process: The service of writs or summonses to the appropriate party.
• Special purpose revenue bonds: means bonds, notes, or other evidences of indebtedness of a county issued pursuant to this chapter. See Hawaii Revised Statutes 48E-1
• Speech pathologist: means an individual who practices speech pathology. See Hawaii Revised Statutes 468E-2
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
• Statement: means a registration or annual statement filed under § 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
• Student: means any child or adult enrolled in any school or post-secondary school in the State. See Hawaii Revised Statutes 325-121
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
• Travel agency: means any person who for compensation or other consideration, acts or attempts to act as an intermediary between a person seeking to purchase travel services and any person seeking to sell travel services. See Hawaii Revised Statutes 468L-1
• Travel services: includes transportation by air, sea, or rail; related ground transportation; hotel accommodations; or package tours, whether offered on a wholesale or retail basis. See Hawaii Revised Statutes 468L-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Verdict: The decision of a petit jury or a judge.