Haw. Code R. § 11-164.2-2

Current through September, 2024
Section 11-164.2-2 - Definitions

As used in this chapter:

"Annually" means within the range of three hundred thirty-five to three hundred ninety-six days.

"Child care facility" has the same meaning as defined in section 346-151, Hawaii Revised Statutes (HRS) and includes child care facilities licensed by the Department of Human Services, day care centers, day nurseries, and group child care homes.

"Child care facility personnel" means adults who work or live in a child care facility, including but not limited to operators, caregivers, providers, household members, volunteers, and staff members such as child care and maintenance workers.

"Communicable TB disease" means TB disease caused by Mycobacterium tuberculosis which may spread from person to person through airborne contact. It generally includes pulmonary or laryngeal TB disease. It may also include other specific conditions determined by the department to represent a risk of transmission to other persons.

"Congregate setting" means any place where a number of persons meet, gather, reside, or share the same enclosed area.

"Course of study" means a sequence of classes leading to a certificate, diploma, degree, or other recognition of educational accomplishment.

"Department" means the department of health of the State of Hawaii, or an authorized officer or agent of the department.

"Director" means the director of health of the State of Hawaii or the director's duly authorized agent.

"Food establishment" means a place where food or beverages are prepared, packaged, served, sold, or otherwise provided for human consumption, but excludes establishments that offer only prepackaged foods, produce stands that only offer unprocessed fresh fruits and vegetables, or kitchens in private homes.

"Food handler" means any person who prepares, packages, serves, sells, or otherwise provides food or beverages for human consumption.

"Food handling" means engaging in the activities of a food handler in a food establishment.

"Hawaii TB Control Branch" means the department's Tuberculosis Control Branch.

"Health care facility" means a place licensed or certified by the department, including but not limited to hospitals, at which health care is provided.

"Hospital" means any institution currently licensed as such by the department, pursuant to section 321-14.5, HRS.

"Infection control officer" means an individual designated by a health care facility to provide surveillance, detection, prevention, or control of infectious agents.

"Initial TB evaluation" means the first evaluation for TB disease required for persons subject to TB clearance evaluation procedures as set forth in this chapter.

"Laryngeal TB" means TB disease involving the larynx.

"Latent TB infection" means Mycobacterium tuberculosis is present inside the body of a person and is not actively replicating or causing TB symptoms and is not communicable.

"Mycobacterium tuberculosis" means the bacterial species that causes latent TB infection or TB disease in humans.

"Notifiable Disease Report for Tuberculosis" means a department-approved form for reporting a person who is diagnosed with TB disease or suspected of having TB disease to the department. The "Notifiable Disease Report for Tuberculosis" form is included in the DOH TB Clearance Manual, referenced in section 11-164.2-13.

"Person suspected of having TB disease" means a person with laboratory, radiological, epidemiological, or clinical findings indicative of TB disease until a diagnostic evaluation is completed to rule out or confirm TB disease.

"Physician" means a person licensed to practice allopathic, osteopathic, or naturopathic medicine in any of the states or territories of the United States. A person who has a license or is accredited in chiropractic, homeopathy, acupuncture, or herbal healing does not qualify as a physician under this chapter.

"Post-secondary school" means an adult education school, business school, trade school, community college, college, or university enrolling students above the age of compulsory school attendance.

"Practitioner", for the purposes of this chapter, means an allopathic, osteopathic, or naturopathic physician, a physician assistant, or an advanced practice registered nurse authorized by the State of Hawaii to practice within the State.

"Pulmonary TB" means TB disease involving the lungs.

"Residential care setting" means a place licensed or certified by the department where people live, and medical care, therapeutic care, or other services are provided.

"Risk factor" means a variable associated with an increased risk of or susceptibility to latent TB infection or TB disease.

"School" means a congregate setting for educational purposes, including Head Start, preschools, kindergarten, elementary, intermediate, middle, or secondary schools, but excludes parent cooperatives, play groups, respite programs, and summer recreation programs.

"School personnel" means personnel employed by a school, including bus drivers and volunteers, or other persons anticipated to have contact with students for more than thirty days cumulatively within a twelvemonth period.

"TB" or "tuberculosis" means infection or disease caused by Mycobacterium tuberculosis. It presents in two forms, "Latent TB infection" and "TB disease".

"TB clearance" means a department-approved form that provides documentation that a person has been evaluated by a practitioner and found to be free of communicable TB. The TB clearance provides a reasonable assurance that the individual is free from communicable TB at the time of the evaluation. The TB clearance form does not imply any guarantee of protection from future tuberculosis risk for the individual listed. The department may require additional evaluation or testing of any person known, reported, or suspected to have TB disease, pursuant to section 11-164.2-11. The TB clearance form is included in the DOH TB Clearance Manual, referenced in section 11-164.2-13.

"TB disease" or "active TB" means Mycobacterium tuberculosis is active and multiplying in any part of the body of a person. TB disease can be either communicable or non-communicable.

"TB infection" means Mycobacterium tuberculosis is present inside the body of a person and may be latent TB infection or TB disease.

"TB risk assessment" means a department-approved evaluation tool to assess and document whether a person has TB symptoms or a risk factor for latent TB infection or TB disease. TB risk assessment tools for adults and children are available in the DOH TB Clearance Manual, referenced in section 11-164.2-13.

"TB symptoms" means findings, including cough, fever, weight loss, or night sweats, which suggest the possible existence of TB disease.

"Test for TB infection" means a department-approved test that is approved by the U.S. Food and Drug Administration and recommended by the Centers for Disease Control and Prevention for determining the presence of Mycobacterium tuberculosis in the body of a person. The results of the test may detect latent TB infection or TB disease. A list of department-approved tests for TB infection and guidelines for the interpretation of test results is included in the DOH TB Clearance Manual, referenced in section 11-164.2-13.

"Treatment for TB disease" means medication or medical therapy prescribed by a practitioner to cure a person of TB disease.

"Tuberculosis Case Follow-Up Report" means a department-approved form for reporting follow-up information on a person who is undergoing treatment for TB disease. The Tuberculosis Case Follow-Up Report form is included in the DOH TB Clearance Manual, referenced in section 11-164.2-13.

Haw. Code R. § 11-164.2-2

[Eff 3/17/2018] (Auth: HRS §§321-9, 325-13) (Imp: HRS §§321-1, 321-9, 325-13)