§321-5 Contract for exchange of Hawaii personnel.

579 words·~3 min read·/hi/chapter-321/321-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The department of health may contract with any state, or the health department of any state having the power to so contract, for the exchange of Hawaii personnel for personnel of the health department of that state. Any exchange shall be made under rules prescribed by the department, in no case shall be for a period exceeding one year, and in all cases shall be subject to the following provisions:

(1)That each person exchanged by the health department of any state shall possess qualifications equal to the qualifications of the person exchanged from Hawaii;

(2)That the person exchanged from Hawaii shall have served for not less than three years prior to the beginning of the exchange period as Hawaii personnel;

(3)That in the selection of Hawaii personnel for exchange, preference shall be given to persons born in the State;

(4)That each person exchanged by the health department of any state shall hold in the health department of that state a position the same as or equivalent to the position held by the person exchanged from Hawaii;

(5)That the person exchanged from Hawaii shall be paid that person's regular salary out of the funds appropriated therefor, but nothing in addition thereto;

(6)That the State shall not pay any traveling or other expenses of the Hawaii personnel or of the personnel of the health department of any state coming to Hawaii under any contract of exchange. This prohibition shall be construed to include all travel, transportation, board, lodging, or other expenses incidental to or arising out of any exchange;

(7)That the State shall not pay any compensation to the person coming to Hawaii under any contract of exchange; provided that in any case where the person so exchanged from Hawaii becomes incapacitated or, for any reason, leaves the exchange position permanently, the department may pay the visiting exchange person an amount not to exceed the salary rating of the person so exchanged from Hawaii, such an arrangement to continue until the end of the period of exchange or until such time as some adjustment satisfactory to the department is made;

(8)That any provision of law to the contrary notwithstanding, the state requirements in respect to civil service, citizenship, or residence shall not apply to any person coming to Hawaii under any contract of exchange; and

(9)That the appropriate collective bargaining agreement, executive order, executive directive, or rule regarding traveling expenses for state officials shall not apply to Hawaii personnel exchanged under this section.

(b)The department may adopt rules as it deems necessary concerning the powers, rights, functions, conduct, duties, and liabilities of, exercised by or imposed upon, any person coming to Hawaii under any contract of exchange.

(c)As used in this section, unless the text clearly otherwise indicates:

"Hawaii personnel" means public health nurses, sanitary officers, and medical officers.

"Health department" means the department of health or other public authority authorized by law to administer or administering the public health laws of any state.

"State" means any state or territory of the United States, or county or municipality of any such state or territory. [L 1941, c 83, pt of §1; am L 1943, c 43, §1(7); RL 1945, §§2013, 2014; RL 1955, §46-20; am L Sp 1959 2d, c 1, §19; HRS §321-5; am L 2002, c 148, §35; am L 2018, c 18, §18; am L 2019, c 210, §4]