Governor’s 10th Supplementary Proclamation for COVID-19 (Updated 7.17.20)

OFFICE OF THE GOVERNOR STATE OF HAWAI‘I

TENTH PROCLAMATION RELATED TO THE COVID-19 EMERGENCY

By the authority vested in me by the Constitution and laws of the State of Hawai‘i, to provide relief for disaster damages, losses, and suffering, and to protect the health, safety, and welfare of the people, I, DAVID Y. IGE, Governor of the State of Hawai‘i, hereby determine, designate and proclaim as follows:

WHEREAS, I issued on March 4, 2020, a Proclamation declaring a state of emergency to support ongoing State and county responses to COVID-19; on March 16, 2020, a Supplementary Proclamation suspending certain laws to enable State and county responses to COVID-19; on March 21, 2020, a Second Supplementary Proclamation and Rules Relating to COVID-19 implementing a mandatory self-quarantine for all persons entering the State; on March 23, 2020, a Third Supplementary Proclamation to mandate and effectuate physical distancing measures throughout the State; on March 31, 2020, a Fourth Supplementary Proclamation implementing a mandatory self-quarantine for all persons traveling between any of the islands in the State; and on April 16, 2020, a Fifth Supplementary Proclamation implementing enhanced safe practices and an eviction moratorium; on April 25, 2020, a Sixth Supplementary Proclamation amending and restating all prior proclamations and executive orders related to the COVID-19 emergency; on May 5, 2020, a Seventh Supplementary Proclamation related to the COVID-19 Emergency; on May 29, 2020, an Eighth Supplementary Proclamation related to the COVID-19 Emergency; on June 10, 2020, a Ninth Supplementary Proclamation related to the COVID-19 Emergency;

WHEREAS, as of July 17, 2020, there have been more than 1300 documented cases of COVID-19 in the State, with record daily numbers of cases and 23 deaths attributed to this disease;

WHEREAS, COVID-19 continues to endanger the health, safety, and welfare of the people of Hawai‘i and a response requires the serious attention, effort, and sacrifice of all people in the State to avert unmanageable strains on

our healthcare system and other catastrophic impacts to the State;
NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i, hereby amend and restate all prior proclamations and executive orders, and

authorize and invoke the following as set forth herein:

1. Statewide Coordination………………………………………………………. [ 3 ]
2. InvocationofLaws……………………………………………………………..[3]
3. Act with Care Order…………………………………………………………………….[ 4 ]A. Work in Businesses or Operations
   B. Safe Practices
   C. Persons Experiencing Homelessness D. Force and Effect of Law
4. Travel to the State………………………………………………………………..[ 5 ]A. Health Screening and Self-Quarantine for Travelers to the State B. Host Responsibility
   C. Prohibition on Renting Vehicles
   D. Car Sharing Services ResponsibilityE. Force and Effect of Law
5. Suspension of Laws…………………………………………………………..[ 8 ]A. Session Laws
   B. Division 1. Government
   C. Division 2. Business
   D. Division 3. Property; Family
   E. Division 4. Courts and Judicial Proceedings F. Division 5. Crimes and Criminal Proceedings
6. Severability……………………………………………………………………..[ 27 ]

Exhibit A. Restatement of Executive Order NO. 20-05
Exhibit B. Federal Critical Infrastructure Sectors [as of May 19, 2020]
Exhibit C. Rules Relating to COVID-19 Health Screening Process and Travel Self-Quarantine
Exhibit D. Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules
Exhibit E. Rules Relating to Notaries Public (amended)
Exhibit F. State Roadmap to Recovery and Resilience
Exhibit G. Sunshine Law and UIPA
Exhibit H. Rules Relating to Safety Guidelines for Barbers and Beauty Operators

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I. Statewide Coordination

For the purposes of this COVID-19 emergency only, I hereby invoke section 127A-13(a)(5), Hawaii Revised Statutes (HRS), as it is my opinion that it is necessary to coordinate emergency management functions. Accordingly, I direct all counties to obtain my approval, or the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to issuing any emergency order, rule, or proclamation. I further suspend sections 127A-14(b) and 127A-25, HRS, to the limited extent necessary to ensure statewide coordination.

This Tenth Supplementary Proclamation (Proclamation) does not apply to the United States government.
II. Invocation of Laws

The following emergency provisions are expressly invoked, if not already in effect upon declaration of an emergency on March 4, 2020:

Sections 127A-12(a)(5), 127A-13(a)(6), and 127A-13(a)(7), HRS, directing the Director of HIEMA and the administrators of each county emergency management agency to take appropriate actions to direct or control, as may be necessary for emergency management.

Section 127A-12(b)(13), HRS, requiring each public utility, or any person owning, controlling, or operating a critical infrastructure, to protect and safeguard its or the person’s property, or to provide for the protection and safeguarding thereof, and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protecting or safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon terms and conditions as I may prescribe.

Section 127A-12(b)(16), HRS, directing all state agencies and officers to cooperate with and extend their services, materials, and facilities as may be required to assist in emergency response efforts.

Section 127A-13(a)(8), HRS, to prevent the hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services to effectuate equitable distribution thereof, or to establish priorities therein; to investigate; and notwithstanding any other law to the contrary, to

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regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto.

Section 127A-16, HRS, activating the Major Disaster Fund.

Section 127A-30, HRS, inasmuch as such section automatically went into effect upon declaration of an emergency on March 4, 2020.

Restatement of Executive Order No. 20-05, as set forth in Exhibit A attached hereto.

III. Act with Care

A. Work in Businesses or Operations

Pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and 127A-13(a)(7), HRS, the following businesses or operations may operate during this emergency: businesses or operations that are part of the federal critical infrastructure sectors, as set forth in Exhibit B attached hereto, and the businesses or operations operating in each county in accordance with the State Roadmap to Recovery and Resilience, attached hereto as Exhibit F. Businesses include for-profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or their corporate or entity structure.

B. Safe Practices

All persons shall comply with applicable guidance from the Centers for Disease Control and Prevention (CDC) as well as State, county, industry and regulatory requirements for safe practices to mitigate the spread of COVID-19.

C. Persons Experiencing Homelessness

Persons experiencing homelessness are exempt from Section III of this Proclamation but shall comply with the safe practices referenced in Section III.B to the fullest extent possible and are strongly urged to obtain shelter. Governmental and other entities are strongly urged to make such shelter available as soon as possible and to the maximum extent practicable and to use in their operation COVID-19 risk mitigation practices recommended by the CDC.

D. Force and Effect of Law

Pursuant to section 127A-25, HRS, all provisions set forth in Section III of this Proclamation are hereby adopted as rules that shall have the force and effect

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of law. In the event of any inconsistency, conflict or ambiguity between this Proclamation and any county emergency order, rule, directive or proclamation, the relevant documents shall be read to allow a county maximum flexibility to exercise its respective emergency management authority.

Pursuant to section 127A-29, HRS, any person who intentionally or knowingly violates any provision set forth in this Section III of this Proclamation shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
IV. Travel to the State

A. Health Screening and Self-Quarantine for Travelers to the State

Pursuant to section 127A-11, HRS, all persons entering the State of Hawai‘i shall submit to the mandatory health screening process identified in the Rules Relating to COVID-19 Health Screening Process and Travel Self- Quarantine, attached hereto as Exhibit C and hereinafter referred to as the “Travel Rules,” and must comply with all applicable State and county rules, directives, and orders related to travelers.

Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of Hawaiʻi shall be subject to mandatory self-quarantine as provided in the Travel Rules, except those persons entering the State by recreational boats which have been at sea for at least 14 consecutive days before entering State waters and have no persons on board who are ill or are exhibiting symptoms of COVID-19. The period of self-quarantine shall begin from the time of entry into the State and shall last 14 days or the duration of the person’s presence in the State, whichever is shorter. Persons who require paid or commercial lodging while subject to the mandatory self-quarantine shall not designate as their quarantine location a short-term rental, as defined by the applicable ordinances in each county. Where a county rule, directive or order prohibits intended residents from residing in a short-term rental, as defined by the applicable county ordinances, all intended residents of that county must designate a hotel or motel as their quarantine location. Persons entering the State to perform critical infrastructure functions as identified in Exhibit B shall be subject to self-quarantine but may break quarantine to perform their critical infrastructure functions so long as they

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wear appropriate protective gear and follow the safe practices referenced in Section III.B of this Proclamation. All travelers to the State of Hawai‘i shall complete the mandatory documents identified in the Travel Rules.

B. Host Responsibility

All hosts of any guest or guests within the State of Hawai‘i shall be responsible for ensuring their guest or guests abide by the mandatory self- quarantine set forth in Section A above.

Any host violates this section if the host intentionally, knowingly, or recklessly fails to notify law enforcement immediately when a guest or guests subject to the self-quarantine fails to enter or remain within the confines of their designated quarantine location.

It shall be the duty of all hosts to ascertain the period of self-quarantine for their guest or guests and to determine whether or not their guest or guests remain confined to their designated quarantine location throughout the period of self-quarantine. It shall not be a defense to a violation of this section that the host did not know the period of self-quarantine for their guest or guests, that they did not know that their guest or guests were subject to the mandatory self- quarantine, or that they did not know that their guest or guests had failed to enter or remain within the confines of the designated quarantine location.

For purposes of this section, the following definitions apply:

“Designated quarantine location” means any hotel, motel, house, townhouse, condominium, or apartment in the State of Hawai‘i, that will be occupied, with the permission of the owner, renter, lessor, or manager of the accommodations, by persons entering the State of Hawai‘i during their period of quarantine and that is designated as such by these persons. In the case of hotels, motels, townhouses, condominiums, and apartments, “designated quarantine location” refers to the person’s individual room or unit.

“Hosts” means any individual, partnership, corporation, company, association, or any other person, group, or entity, who is the owner, renter, or lessor of any designated quarantine location.

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“Guest or guests” means any person or persons subject to mandatory self- quarantine who are renting, leasing, or otherwise occupying any designated quarantine location from a host during the period of self-quarantine.

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

C. Prohibition on Renting Vehicles

Unless an exemption is granted, persons subject to self-quarantine pursuant to Section IV of this Proclamation are prohibited from renting motor vehicles in the State, whether through a rental car company, online service, or through a peer-to-peer platform or car sharing service including but not limited to Turo and Zipcar. Any reservations or confirmation of reservations by a person subject to self-quarantine shall be presumed to be the rental of a motor vehicle in violation of this order.

For purposes of this section:

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle propelled by a motor, whether gasoline, electric, or hybrid, which is offered for rent or lease within the State of Hawai’i through any car sharing service.

D. Car Sharing Services Responsibility

All persons who provide motor vehicles through peer-to-peer platforms or car sharing services, including but not limited to Turo and Zipcar (hereinafter collectively referred to as “car sharing services”), shall be responsible for ensuring that they do not rent, lease, or otherwise provide any motor vehicle to any person subject to a self-quarantine, whether a visitor or returning resident, during the person’s period of self-quarantine.

Any person violates this section if the person intentionally, knowingly, or recklessly provides a motor vehicle through a car sharing service to a person subject to the self-quarantine.

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It shall be the duty of all persons providing a motor vehicle through a car sharing service to determine whether or not the person is seeking to obtain the vehicle during the person’s period of self-quarantine. It shall not be a defense to a violation of this section that a person providing a motor vehicle through a car sharing service did not know that the person seeking the motor vehicle was not subject to the mandatory self-quarantine.

For purposes of this section:

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle propelled by a motor, whether gasoline, electric, or hybrid, which is offered for rent or lease within the State of Hawai’i through any car sharing service.

E. Force and Effect of Law

Pursuant to section 127A-25, HRS, all provisions set forth in Section IV of this Proclamation and the Travel Rules are hereby adopted as rules and shall have the force and effect of law.

Pursuant to section 127A-29, HRS, any person who intentionally, knowingly, or recklessly violates Section IV of this Proclamation or the Travel Rules shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
V. Suspension of Laws

The following laws are suspended, as allowed by federal law, pursuant to section 127A-13(a)(3), HRS:

A. Session Laws

Section 9, Act 5, Session Laws of Hawaii 2019, to the extent that the appropriation for debt service payments shall no longer be limited to principal and interest payments on general obligation bonds, such that debt service moneys may be used for bond counsel fees, costs related to tax compliance work on the expenditure of general obligation bond proceeds, and other bond related costs.

B. Division 1. Government
Section 26-33, HRS, performance of duties of vacant office.

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Section 37-41, HRS, appropriations to revert to state treasury; exceptions.

Section 37-74(d), HRS, program execution, except for sections 37- 74(d)(2) and 37-74(d)(3), HRS, and any such transfers or changes considered to be authorized transfers or changes for purposes of section 34-74(d)(1) for legislative reporting requirements.

Section 40-66, HRS, appropriations lapse when.

Chapter 46, HRS, county organization and administration, with respect to any county ordinance, rule, regulation, law or provision which applies to any county permitting, licensing, zoning, variance, processes, procedures, fees, or any other requirements that hinder, delay, or impede the purpose of this proclamation.

Section 78-13, HRS, salary periods, to the extent necessary to allow the State of Hawaii Department of Defense to pay, as expeditiously as possible, members of the Hawaii National Guard ordered into active service and deployed in response to this emergency.

Sections 87A-42(b) – (f), HRS, other post-employment benefits trust, 87A-43, HRS, payment of public employer contributions to the other post- employment benefits trust, and 237-31(3), HRS, remittances, to the extent necessary to suspend the requirement for public employers to pay the annual required contribution to the Hawai‘i Employer-Union Health Benefits Trust Fund in the fiscal year 2020-2021.

Chapter 89, HRS, collective bargaining in public employment.

Chapter 89C, HRS, public officers and employees excluded from collective bargaining.

Chapter 91, HRS, administrative procedure, to the extent necessary such that, at the sole discretion of the department or agency, any administrative hearing may be conducted by telephone or video conference without the parties, department or agency, being physically present in the same location; any deadlines may be waived or suspended; and any administrative hearing procedures, such as, but not limited to, conferences, filing of documents, or service, may be done via telephone or email. Additionally, to provide agencies

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with maximum flexibility to respond to the COVID-19 emergency, and to authorize any agency or court to stay or continue administrative hearings, appeals, and related deadlines as necessary.

Administrative hearings not subject to Chapter 91, to the extent necessary such that, at the sole discretion of the department of agency, any such hearing may be conducted by telephone or video conference without the parties, department, or agency, being physically present in the same location; any deadlines may be waived or suspended; and any hearing procedures, such as, but not limited to, conferences, filing of documents, or service, may be done via telephone or email.

Section 91-3(b), HRS, procedure for adoption, amendment, or repeal of rules, and section 325-2, HRS, physicians, laboratory directors, and health care professionals to report to the extent necessary to add coronavirus disease 2019 (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156, Hawaii Administrative Rules (HAR), without adopting emergency rules, and to ensure that physicians, health care professionals, and laboratory directors shall report the incidence or suspected incidence of COVID-19 to the department of health in the manner specified by the department of health and that test results (including positive and negative results) be reported to the department of health via the electronic laboratory reporting system and by telephone on an urgent basis. The addition of (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156, HAR, shall be effective for a period of one hundred eighty (180) days from the date of this Proclamation.

Chapter 92, HRS, public agency meetings and records, to the extent set forth in Exhibit G attached hereto.

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

Section 102-2, HRS, contracts for concessions; bid required, exception.

Section 103-2, HRS, general fund.

Section 103-53, HRS, contracts with the State or counties; tax clearances, assignments.

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Section 103-55, HRS, wages, hours, and working conditions of employees of contractors performing services.

Section 103-55.5, HRS, wages and hours of employees on public works construction contracts.

Chapter 103D, HRS, Hawaii public procurement code.
Chapter 103F, HRS, purchases of health and human services.
Chapter 104, HRS, wages and hours of employees on public works, to

the extent that this suspension only applies to construction contracts for governmental construction projects related to COVID-19 entered into on or after the date of the Supplementary Proclamation issued on March 16, 2020 through the duration of the emergency.

Chapter 105, HRS, government motor vehicles, except for section 105- 11, HRS, State motor pool revolving fund.

Section 127A-25(c), HRS, rules and orders, to the extent the requirement to publish rules adopted pursuant to chapter 127A, HRS, in a newspaper of general circulation in the State shall be suspended inasmuch as the posting of such rules on the applicable state or county government website or by other means of official announcement as provided by this section brings the rules’ content to the attention of the general public.

Section 127A-30(a)(2), HRS, rental or sale of essential commodities during a state of emergency; prohibition against price increases, to the extent that it permits the termination of any tenancy for a residential dwelling unit in the area that is the subject of the proclamation for a breach of a material term of a rental agreement or lease resulting from a failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement or lease. Additionally, section 521-68, HRS, landlord’s remedies for failure by tenant to pay rent and section 521-71, HRS, termination of tenancy; landlord’s remedies for holdover tenants and Chapter 666, landlord and tenant, to the extent necessary to prohibit the commencement, continuation, or prosecution of an action, to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the

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

Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to the extent necessary such that the chiefs of police of the counties, in their sole discretion, may suspend the deadline whereby a person must register a firearm within five days after arrival in the State of the person or firearm, whichever arrives later, and the deadline whereby a person acquiring a firearm pursuant to section 134-2, HRS, must register the firearm within five days of acquisition.

Section 183C-6, HRS, permits and site plan approvals, to the extent necessary to enable the Department of Land and Natural Resources to administer the permitting program for conservation district use permits withoutthe application of provisions providing for automatic approval of permit requests that are not acted upon within 180 days.

Chapter 205A, HRS, coastal zone management.

Section 237D-6.5(b), HRS, distribution of the transient accommodations tax.

Chapter 261, HRS, aeronautics

Chapter 281, HRS, intoxicating liquor, and related administrative rules, to the extent as follows:

1. Section 281-1, HRS, definitions, to exclude hand sanitizer and surface disinfectants from the definition of “liquor” and “intoxicating liquor”; and
2. Section 281-31, HRS, licenses, classes to enable the county liquor commissions to allow licensees to sell unopened beer or unopened wine or unopened prepackaged cocktails with food for pick up, delivery, take out, or other means to be consumed off the premises,and to enable county liquor commissions to waive, suspend, or postpone any deadlines or administrative procedures; and to allow class 1 licensees to purchase fermentable wash from class 1, 3, 14, and 18 licensees.

Provided that liquor licensees shall comply at all times with any and all federal laws and any and all state and county laws not specifically suspended herein,

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including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and the rules, regulations, and requirements of the State of Hawai‘i Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.

Section 281-37, HRS, sales of alcohol, and related administrative rules, to the extent to allow hospitals and medical clinics to purchase hand sanitizer and surface disinfectants in any quantity from class 1 licensees without holding a

times with any and all federal laws and any and all state and county laws not specifically suspended herein, including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and the rules, regulations, and requirements of the State of Hawai‘i Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.

Section 281-42(a)(6) and (b)(2), HRS, manufacturers and wholesale dealers, special restrictions, and any related administrative rules, to the extent necessary to enable the county liquor commissions to allow liquor manufacturers and wholesale dealers to negotiate credit terms for periods in excess of thirty (30) days with liquor retail licensees during the disaster emergency relief period, subject to the following restrictions:

1. Any credit negotiations under this suspension must be finalized prior to the termination of the disaster emergency relief period;
2. The suspension of Section 281-42(a)(6), HRS, shall terminate upon the termination of the disaster emergency relief period;
3. The suspension of Section 281-42(b)(2), HRS, shall remain in effect until twenty-one (21) days after the termination of the disaster emergency relief period to the extent necessary to allow liquor retail licensees who have outstanding invoice balances more than thirty (30) days due, to continue purchasing liquor by credit.

Chapter 266, HRS, harbors.

Sections 286-26(a) and (b), HRS, certification of inspection, section 286-54, HRS, out-of-state-vehicle permit, section 286-106, HRS, expiration of

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licenses, section 286-236(f), HRS, commercial driver’s license qualification standards, sections 286-107(a), (b), (c), (d), (g), and (h), HRS, license renewals; procedures and requirements, section 286-239(g), HRS, commercial driver’s license, section 286-241, HRS, notification of disqualification, suspension, revocation, cancellation, marking medical certification status as not-certified, or downgrading of commercial driver’s licenses or permits, section 286-306(a), HRS, expiration; renewal; replacement, to the extent necessary to enable the Director of Transportation to waive or extend the renewal, expiration, or other deadlines for certificates, licenses, and permits that occurred or will occur during the emergency period.

Sections 286-26(d), HRS, certification of inspection.
Section 286-108, HRS, examination of applicants.
Section 286-110, HRS, instruction permits.
Section 291-31.5, HRS, blue lights prohibited for motor vehicles,

motorcycles, motor scooters, bicycles, mopeds to the extent necessary to allow Department of the Attorney General vehicles to operate with blue lights when used for law enforcement related emergency management functions.

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

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

Sections 302D-12(h)(1) to (5), HRS, charter school governing boards; powers and duties, to the extent necessary to enable the governing board of a charter school to conduct business in person or through remote technology without holding meetings open to the public. The governing boards shall consider reasonable measures to allow public participation consistent with physical distancing practices, such as providing notice of meetings, allowing submissions of written testimony on agendized items, live streaming meetings, and posting minutes of meetings online. No governing board deliberation or action shall be invalid, however, if such measures are not taken.

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Chapter 325, HRS, infectious and communicable diseases, to the limited extent that any provision conflicts with the Governor’s exercise of emergency powers herein under section 127A-13(a)(1), HRS.

Sections 328L-3(f)(1) and (2), HRS, emergency and budget reserve fund.

Sections 329-32(a), 329-33(a), 329-38.2, HRS, uniform controlled substances act, and related administrative rules, to the extent necessary to allow out-of-state physicians and nurses to dispense (including prescribing and administering) controlled substances without having to register in Hawai‘i, as contemplated in the United States Drug Enforcement Administration’s (DEA) COVID-19 Policy Concerning Separate Registration Across State Lines dated March 25, 2020. Such physicians or nurses must maintain active registration in at least one state and be authorized under that state’s law to dispense controlled substances. Such doctors or nurses must also otherwise comply with state laws, including those related to controlled substances.

Section 329-32(e), HRS, registration requirements, and related administrative rules, for the limited purpose of allowing the offsite dispensing of necessary take-home doses of medication for medication assisted treatment by an opioid treatment program (OTP) authorized under Section 329-40, HRS, without obtaining a separate state registration, as contemplated in the DEA’s COVID-19 policy concerning DEA narcotic treatment programs dated April 7, 2020.

Section 329-38(a)(1)(C), HRS, prescriptions, and related administrative rules, only to the extent necessary to allow a facsimile, photograph, or scan of a written prescription to be delivered to the dispensing pharmacist within 15 days of an emergency oral prescription, as contemplated in the DEA’s COVID-19 guidance concerning the issuance of oral schedule II prescriptions dated March 27, 2020.

Section 329-38(d), HRS, prescriptions, for the limited purpose and to the extent necessary to allow prescribing practitioners to authorize subsequent prescriptions for opioids and benzodiazepines through telephone consultation

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without an in-person consultation every 90 days. Such practitioners must otherwise comply with all other requirements of Section 329-38(d).

Section 329-40 (b)(7), HRS, methadone treatment program, and related administrative rules, for the limited purpose of permitting the issuance of up to 28 doses of methadone to qualified patients in an opioid treatment program in accordance with the United States Substance Abuse and Mental Health Services Administration’s Opioid Treatment Program Guidance, updated on March 19, 2020.

Section 329-41(a)(8), HRS, prohibited acts B penalties, for the sole and limited purpose of enabling authorized physicians practicing telehealth as provided in section 453-1.3, HRS, to issue prescriptions for controlled substances. Such physicians must otherwise comply with all other requirements of Chapter 329, HRS.

Section 329-101(b), HRS, reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty, to the extent necessary to enable the Department of Public Safety to issue State controlled substance registrations prior to an applicant’s registration with the electronic prescription accountability system.

Chapter 329, Part IX, HRS, medical use of cannabis, to the extent necessary to allow the Department of Health to extend the effective period of registration for qualifying patients and primary caregivers with registration cards with expiration dates in April and May for ninety (90) days. This suspension shall not apply to the registration of a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient, and it shall not apply to qualifying patients or primary caregivers with registration cards that expire after May 2020.

Section 346-29, applications for public assistance; manner, form, conditions, and section 346-53, HRS, determination of amount of assistance, and related administrative rules, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend eligibility and other requirements for family units and individuals impacted by an emergency, and may disregard income received from unemployment insurance or other relief assistance payments,

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when determining eligibility and the amount of a recipient’s assistance payments during the emergency period.

Sections 346-59.1, 431:10A-116.3, 432:1-601.5, and 432D-23.5, HRS, coverage for telehealth, to the extent that the definitions of “telehealth” in each section shall exclude the use of standard telephone contacts.

Section 346-71, HRS, general assistance to households without minor dependents, and related administrative rules, to the extent necessary to allow for a presumptive determination of a disability for the duration of the emergency.

Section 346-97, HRS, criminal history record checks, and related administrative rules, to the extent necessary for the Director of the Department of Human Services, in his sole discretion, to suspend criminal history record check requirements prior to enrolling Medicaid service providers.

Chapter 346, Part VIII, HRS, child care, and related administrative rules for child care licensing and subsidies, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend fingerprinting requirements; suspend the requisite staffing configurations and the number of children per adult ratio for a child care establishment facility; suspend eligibility and other requirements for family units impacted by an emergency; disregard emergency related benefits in calculating child care subsidies; suspend application deadlines for child care subsidies; allow for re-determinations of eligibility and monthly payment amounts within the eligibility period; and suspend subsidy payments for longer than one month when a payment amount is determined to be zero. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules, as set forth on Exhibit D attached hereto are hereby adopted.

Section 346-261, HRS, First-To-Work; establishment; purpose, and related administrative rules, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend eligibility and other requirements for family units impacted by an emergency, and may provide additional rent support for family units impacted by an emergency during the emergency period.

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Section 353-62(b)(5), HRS, Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff, and related administrative rules, to allow a hearing before a panel of at least two members of the paroling authority in all cases.

Section 373-3, HRS, fees; biennial renewal, restoration, section 437- 23(a), HRS, term of license, section 439-18(c), HRS, schools, section 443B- 4.58, HRS, biennial renewal requirement, section 440-14, HRS, license, limitations, renewals, section 444-15, HRS, fees; biennial renewals; inactive license, section 448E-8, HRS, fees; renewals, section 448F-9, HRS, biennial renewal; failure to renew, section 448H-8, HRS, fees, section 16-81-10, HAR, renewal of license, section 452-16, HRS, renewal of license; fees, section 453-3(2), HRS, limited and temporary licenses; section 453-3(4), HRS, limited and temporary licenses, section 453-6, HRS, fees; expenses, section 453D- 11, HRS, renewal of license; fees, section 457A-7(e), HRS, medicare or medicaid nurse aide certification, section 457A-8(e), HRS, nurse aide certification for state licensed or state-certified health care settings, section 457B-9(b), HRS, fees, section 457G-6, HRS, biennial renewal; failure to renew; restoration, inactive license; conversion from registration, section 458-8(a), HRS, expiration and renewal, section 460J-14, HRS, fees; biennial renewal; inactive license, section 461J-10, HRS, biennial renewal; failure to renew, section 462A-6, HRS, duration and renewal of license, section 16-96- 27, HAR, renewal of license, section 463-10, HRS, licenses; fees; renewal of licenses; inactive license, section 464-9(c), HRS, applications for and certificates of licensure; renewal; fees; continuing education, section 465- 11(a), HRS, renewals; continuing education requirement, section 466D-10, HRS, renewal of license, section 467-11, HRS, fees; original license and biennial renewals, section 471-9(c), HRS, licenses, section 472-2(a)(1), HRS, practice of veterinary technology; qualifications; registration required, section 481E-5(f), HRS, certificate of registration; issuance or denial; renewal, section 481Z-6(f), HRS, certificate of registration; issuance or denial; renewal, section 484-9(a), HRS, annual report, section 514E-10(e), HRS, registration required; developer, acquisition agent, plan manager, and

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exchange agent; registration renewal, section 514E-10.2(h), HRS, limited permit, to the extent necessary such that the Director of the Department of Commerce and Consumer Affairs may suspend or extend license renewal or certification deadlines.

Section 377-9, HRS, prevention of unfair labor practices, to the extent necessary such that, at the sole discretion of the Hawaii Labor Relations Board, the requirement to hold a hearing on the complaint not more than 40 days after the filing of the complaint or amendment thereof may be waived.

Chapter 383, HRS, Hawaii employment security law, to the extent necessary and as allowed by federal law, through the duration of the emergency as defined under federal law, to enable the Director of the Department of Labor and Industrial Relations to:

1. waive the one-week waiting period for unemployment insurance claimants, the able and available requirement not already exempted, the work search requirements, and online registration for work requirement on HireNet for claimants who are otherwise eligible for unemployment insurance benefits as a result of COVID- 19 for claims beginning March 1, 2020;
2. extend deadlines;
3. allow greater flexibility in determining good cause, employercontributions to the Unemployment Insurance Trust Fund, andemployer experience rating; and
4. waive required cash or in-kind contributions at the sole discretion ofthe Director of the Department of Labor and Industrial Relations.

Chapter 386, HRS, workers’ compensation law, to the extent necessary such that the Department of Labor and Industrial Relations’ failure to act within the specified period shall not be deemed an automatic approval.

Chapter 394B, HRS, dislocated workers, to the extent necessary to waive notice requirements and deadlines; payment of back pay, benefits, or other forms of compensation; payment of dislocated employees or worker allowance; imposition of penalties; and any private right of action for failure to comply with Chapter 394B, HRS, resulting from the COVID-19 response.

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C. Division 2. Business

Chapter 432E, Part IV, HRS, external review of health insurance determinations, to the extent necessary to suspend all proceedings for external review until rescheduled by the Insurance Commissioner; and to extend any deadlines, including but not limited to the 130-day deadline to file a request for external appeal.

Section 438-8.5, HRS, medical clearance, section 439-12.5, HRS, medical clearance, section 16-73-56, HAR, medical clearance, and section 16- 78-76, HAR, medical clearance, to the extent necessary to waive the medical clearance requirement. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Safety Guidelines for Barbers and Beauty Operators, as set forth on Exhibit H attached hereto are hereby adopted.

Section 451J-5, HRS, prohibited acts, and section 451J-7, HRS, application for licensure, to the extent necessary to waive the licensure and accompanying requirements so as to permit marriage and family therapists licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of- state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawai‘i.

Chapter 453, HRS, medicine and surgery, and Chapters 16-85, HAR, medical examiners, and 16-93, HAR, osteopaths, to the extent necessary to allow out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those previously licensed pursuant to Chapter 453, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, or clinical laboratory, or other health care entity.

Section 453-1.3, HRS, practice of telehealth, to the extent necessary to allow individuals currently and actively licensed pursuant to Chapter 453, HRS, to engage in telehealth without an in-person consultation or a prior existing

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physician-patient relationship; and to the extent necessary to enable out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those who were previously licensed pursuant to Chapter 453, HRS, but who are no longer current and active, to engage in telehealth in Hawai‘i without a license, in-person consultation, or prior existing physician-patient relationship, provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 453D-5, HRS, prohibited acts, and section 453D-7, HRS, application for licensure as a mental health counselor, to the extent necessary to waive the licensure and accompanying requirements so as to permit mental health counselors licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of-state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawaii.

Chapter 456, HRS, notaries public, and related administrative rules, to the extent necessary to suspend any requirement that would require close physical contact to accomplish notary functions. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Notaries, as set forth on Exhibit E attached hereto are hereby adopted.

Chapter 457, HRS, nurses, and chapter 16-89, HAR, nurses, to the extent necessary to allow out-of-state licensed practical nurses, registered nurses, advanced practice registered nurses, and advance practice registered nurses with prescriptive authority with a current and active license, or those previously licensed pursuant to Chapter 457, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation

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hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 457-7, HRS, registered nurses; qualifications; licenses; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing under the supervision of a registered nurse, with the endorsement of the employing health care entity.

Section 457-8, HRS, licensed practical nurse; qualifications; license; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing under the supervision of a registered licensed practical nurse, with the endorsement of the employing health care entity.

Section 457-8.5, HRS, advanced practice registered nurse; qualifications; licensure; endorsement; fees; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of an accredited graduate-level education program preparing the nurse for one of the four recognized advanced practice registered nurse roles licensed by the State Board of Nursing, within 180 days following graduation, to be employed to practice as an advanced practice registered nurse, with the endorsement of the employing health care entity.

Section 457G-1.4, HRS, license required, and section 457G-1.5, HRS, practice of occupational therapy, to the extent necessary to allow out-of- state occupational therapists and occupational therapy assistants with current and active licenses, or those previously license pursuant to Chapter 457G, HRS, but who are no longer current and active, to practice in Hawai’i without a license; provided that they have never had their licenses revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related

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clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 461-5, HRS, qualifications for license, and Section 461-6, HRS, examination; license, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of a pharmacy college accredited by the Accreditation Council for Pharmacy Education, within 180 days following the conferment of the doctor of pharmacy degree, to be employed to practice pharmacy under the supervision of a registered pharmacist, with the endorsement of the employing health care entity.

Section 461-9(a), HRS, pharmacist in charge; pharmacy personnel, and Sections 16-95-79(a), HAR, supervision by a registered pharmacist, and 16-95-80(a), HAR, physical presence of a registered pharmacist, to the extent necessary to allow a registered pharmacist currently and actively licensed pursuant to Chapter 461, HRS, or pharmacy intern currently and actively permitted by the board, to fill, compound, or receive prescriptions by remote data entry.

Section 461J-2, HRS, practice of physical therapy; qualifications, section 461J-6, HRS, permanent licenses, and section 16-110- 20, HAR,requirements for a permanent physical therapist license orphysical therapist assistant license, to the extent necessary to allow an out-of- state physical therapist or physical therapy assistant with a current and active license, or those previously licensed pursuant to Chapter 461J, HRS, but who are no longer current and active, to practice in Hawai‘i without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 464-4, HRS, public works.

Section 465-2, HRS, license required, and section 465-15, HRS, prohibited acts; penalties, to the extent necessary to waive the licensure and accompanying requirements so as to permit psychologists licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient

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or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients.

Section 466D-3, HRS, license required, and section 466D-9, HRS, licensure by endorsement, to the extent necessary to allow an out-of- state respiratory therapist with a current and active license, or those previously licensed pursuant to Chapter 466D, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 466J-4, HRS, licenses required, section 466J-5, HRS, radiographers, radiation therapists, and nuclear medicine technologists, qualifications and licenses, section 11-44-3, HAR, licenses required, section 11-44-4, HAR, application for license, and section 11-44-5, HAR, minimum eligibility requirements for license, to the extent necessary to allow an out-of- state radiographer, radiation therapist, or nuclear medicine technologist, with a current and active registration or certification in good standing with the American Registry of Radiologic Technologists (ARRT) in radiography, radiation therapy technology, or nuclear medicine technology or with the Nuclear Medicine Technology Certification Board (NMTCB) in nuclear medicine technology; or those previously licensed pursuant to Chapter 466J, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or other health care entity that possesses a current and valid radiation facility license. Facilities are required to submit to the Radiologic Technology Board the following information for individuals performing radiologic technology under this exemption: full name; ARRT, NMTCB or previous license number; and a photocopy of the current ARRT or NMTCB credential card or defunct license (if available).

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Section 467E-5, HRS, licensed required, and section 467E-13, HRS, prohibited acts; penalties, to the extent necessary to waive the licensure and accompanying requirements so as to permit social workers licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of-state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawai‘i.

Section 468E-3, HRS, practice as speech pathologist or audiologist; title or description of services, section 468E-4, HRS, persons and practices not affected, section 468E-8, HRS, license, section 16-100-12, HAR, registration required, and section 16-100-16, HAR, general requirements, to the extent necessary to allow an out-of-state speech pathologist or audiologist with a current and active license, or those previously licensed pursuant to Chapter 468E, HRS, but who are no longer current and active, to practice in Hawai‘i without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 471-10, HRS, refusal to grant and revocation or suspension of license, to the extent necessary to enable veterinarians to engage in telehealth without a previously existing Veterinarian-Client-Patient-Relationship or physical examination of the patient.

Chapter 481I, HRS, motor vehicle express warranty enforcement (lemon law), to the extent necessary such that, at the sole discretion of the Department of Commerce and Consumer Affairs, any arbitration hearing may be conducted by telephone or video conference without the parties, arbitrator, or department being physically present in the same location; any deadlines, including but not limited to, the lemon law rights period under section 481I-2, HRS, may be extended, waived, or suspended; and any hearing procedures,

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including but not limited to, submission of documents or service, may be done via telephone or email.

D. Division 3. Property; Family

Chapter 501, HRS, land court registration, and related court or administrative rules, to the extent necessary such that the Registrar of the Bureau of Conveyances, in his sole discretion and for the purpose of facilitating the recording functions of the Bureau of Conveyances, may suspend recording requirements calling for certified copies of court records, or any other recording requirements that cannot be satisfied under the current emergency conditions, including but not limited to recording requirements which may require close physical contact.

Chapter 502, HRS, bureau of conveyances; recording, and related court or administrative rules, to the extent necessary such that the Registrar of the Bureau of Conveyances, in his sole discretion and for the purpose of facilitating the recording functions of the Bureau of Conveyances, may suspend recording requirements calling for certified copies of court records, or any other recording requirements that cannot be satisfied under the current emergency conditions, including but not limited to recording requirements which may require close physical contact.

Section 572-1(7), HRS, requisites of valid marriage contract, to the extent necessary to suspend the requirement that the parties to be married and the person performing the marriage ceremony be physically present at the same place and time for the marriage ceremony. During the time that this emergency order is effective, marriage ceremonies may be performed by synchronous, real- time, interactive audio and video telecommunications, so long as the parties to be married and the person performing the marriage ceremony shall all be physically present in Hawai‘i and all of the other requisites for a valid marriage contract are met. This suspension shall apply retroactively to March 4, 2020, the beginning of the disaster emergency relief period.

Section 572-6, HRS, application; license; limitations, to the extent necessary to suspend the requirement that persons applying for a marriage license shall appear personally before an agent authorized to grant marriage

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licenses. During the time that this emergency order is effective, persons applying for a marriage license may appear by synchronous, real-time, interactive audio and video telecommunications before an agent authorized to grant marriage licenses.

Chapter 576E, HRS, administrative process for child support enforcement, and related administrative rules, to the extent necessary such that, at the sole discretion of the Department of the Attorney General or the Child Support Enforcement Agency, the agency may sign an order temporarily suspending or modifying child support obligations without the need to commence administrative proceedings when all parties are in mutual agreement.

Section 11-219-7.5(e), HAR, renewal of parking permits, to the extent that the six-year recertification for special license plates shall be suspended if such recertification becomes due during the emergency period.

E. Division 4. Courts and Judicial Proceedings
Nothing suspended or invoked by this Proclamation.
F. Division 5. Crimes and Criminal Proceedings
Sections 706-669, 706-670, and 706-670.5, HRS, disposition of

convicted defendants, to the extent that these sections and related administrative rules prescribe time limits for matters before the Hawaii Paroling Authority.

Chapter 846E, HRS, registration of sex offenders and other covered offenders and public access to registration information, to the extent necessary to suspend any requirement that a covered offender must come into close physical contact with an agency with jurisdiction, the attorney general, or chief of police, or their designees to satisfy any element of this section.
VI. Severability

If any provision of this Proclamation is rendered or declared illegal for any reason, or shall be invalid or unenforceable, such provision shall be modified or deleted, and the remainder of this Proclamation and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law.

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I FURTHER DECLARE that the disaster emergency relief period shall continue through August 31, 2020, unless terminated or extended by a separate proclamation, whichever shall occur first.

APPROVED:

____________________________

Clare E. Connors

Attorney General State of Hawaiʻi

Done at the State Capitol, this 17th day of July, 2020.

_______________________

DAVID Y. IGE,

Governor of Hawaiʻi

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EXHIBIT A
Restatement of Executive Order No. 20-05

EXHIBIT B
Federal Critical Infrastructure Sectors

EXHIBIT C
Rules Relating to COVID-19 Health Screening Process and Travel Self-Quarantine

EXHIBIT D
Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules

EXHIBIT E
Rules Relating to Notaries Public (amended)

EXHIBIT F
State Roadmap to Recovery and Resilience

EXHIBIT G Sunshine Law and UIPA

EXHIBIT H
Rules Relating to Safety Guidelines for Barbers and Beauty Operators

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EXECUTIVE ORDER NO. 20-05

By the authority vested in me by the Constitution and the laws of the State of Hawai‘i, I, David Y. Ige, Governor of the State of Hawai‘i, hereby order the following, effective on the date of this Executive Order to and including the date that the emergency ceases:

1. For the purposes of this Executive Order, the following terms are defined as set forth below:

1. “Health care facility” means any program, institution, place,
   building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. The term includes but is not limited to facilities licensed or certified by DOH pursuant to section 321-11(10), Hawaii Revised Statutes (HRS), and others providing similarly organized services regardless of nomenclature, and any state government-operated site providing health care services established for the purpose of responding to the COVID-19 outbreak.
2. “Health care professional” means physicians and surgeons and others licensed pursuant to chapter 453, podiatrists licensed pursuant to chapter 463E, dentists licensed pursuant to chapter 448, psychologists licensed pursuant to chapter 465, nurses licensed pursuant to chapter 457, veterinarians licensed pursuant to chapter 471, acupuncturists licensed pursuant to chapter 436E, massage therapists licensed pursuant to chapter 452, naturopathic physicians licensed pursuant to chapter 455, chiropractors licensed pursuant to chapter 442, occupational therapists licensed pursuant to chapter 457G, physical therapists licensed pursuant to chapter 461J, respiratory therapists licensed pursuant to chapter 466D, speech pathologists or audiologists licensed pursuant to chapter 468E, and pharmacists licensed pursuant to chapter 461 who (i)

EXHIBIT A

are providing health care services at a health care facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of the Hawai‘i Emergency Management Agency (HIEMA) or Hawai‘i Department of Health (HDOH) pursuant to my Proclamation issued on March 4, 2020, Supplementary Proclamation issued on March 16, 2020, Second Supplementary Proclamation issued on March 21, 2020, Third Supplementary Proclamation issued on March 23, 2020, or any Executive Order or Supplementary Proclamations related to the COVID-19 outbreak (hereinafter collectively referred to as Emergency Proclamations).

c. “Health care volunteer” means all volunteers or medical, nursing, social work, pharmacy, occupational, physical, or respiratory therapist students who do not have licensure who (i) are providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of HIEMA or HDOH pursuant to my Emergency Proclamations.

2. Pursuant to sections 127A-12(a)(5) and 663-1.5, HRS, I direct all health care facilities, health care professionals, and health care volunteers, as defined in section 1 of this Executive Order, to render assistance in support of the State’s response to the disaster recognized by the Emergency Proclamations. For health care facilities, “rendering assistance” in support of the State’s response includes cancelling or postponing elective surgeries and procedures as each facility determines to be appropriate under the circumstances presented by the COVID-19 emergency if elective surgeries or procedures are performed at the health care facility. In addition, for health care facilities, “rendering assistance” in support of the State’s response must include measures such as increasing the number of beds, preserving personal protective equipment, or

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EXHIBIT A

taking necessary steps to prepare to treat patients with COVID-19. For health care professionals, “rendering assistance” in support of the State’s response means providing health care services at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations. For health care volunteers, “rendering assistance” in support of the State’s response means providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations.

3. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care facilities, as defined in section 1 of this Executive Order, that in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health care facility, which death of or injury to persons, or property damage occurred at a time when the health care facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such death or injury to persons, or property damage was caused by willful misconduct, gross negligence, or recklessness of the health care facility.
4. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care professionals, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health

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EXHIBIT A

care professional, which death of or injury to persons, or property damage occurred at a time when the health care professional was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such death or injury to persons, or property damage was caused by willful misconduct, gross negligence, or recklessness of the health care professional.

5. Pursuant to sections 127A-9 and 127A-12(a)(5), Hawaii Revised Statutes, I direct that during the pendency of the Emergency Proclamations, any health care volunteer, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death of or injury to persons, or property damage alleged to have been caused by any act or omission by the health care volunteer at a time when the health care volunteer was engaged in the course of rendering assistance to the State by providing services, assistance, or support in response to the COVID-19 outbreak, unless it is established that such death of or injury to persons, or property damage was caused by the wilful misconduct, gross negligence, or recklessness of the health care volunteer.
6. Nothing in this Executive Order shall be construed to preempt or limit any applicable immunity from civil liability available to any health care facility, health care professional, or health care volunteer.
7. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this

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EXHIBIT A

purpose, the provisions of this Executive order are declared to be severable.

This order is in accordance with and incorporates by reference my Proclamation issued on March 4, 2020; Supplementary Proclamation issued on March 16, 2020; Second Supplementary Proclamation issued on March 21, 2020, Third Supplementary Proclamation issued on March 23, 2020, Fourth Supplementary Proclamation issued on March 31, 2020, and Fifth Supplementary Proclamation issued on April 16, 2020.

The provisions of this order shall remain in effect for the emergency period, unless terminated by separate proclamation, whichever shall occur first.

APPROVED:

____________________________

CLARE E. CONNORS

Attorney General State of Hawai‘i

Done at the State Capitol this 16th day of April, 2020

______________________________

DAVID Y. IGE Governor of Hawai‘i

EXHIBIT A

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***For further exhibits and the entire 10th Supplementary Proclamation document, click here.