Beginning Aug. 16, 2021, all State and county employees must provide their vaccination status to their department, office or agency. If they cannot provide proof of vaccination, they will be subject to regular COVID-19 testing. The location of free testing sites is available at https://hawaiicovid19.com. If a free testing site is not used, employees must cover any testing costs. In addition, they may be subject to restrictions on official travel.
“The highly contagious Delta variant creates a big risk of infection, especially for members of our community who are not vaccinated. With spiking COVID-19 case numbers, we have to take measures now to prevent an unmanageable strain on our healthcare system. This new vaccination and testing policy for State and county workers will help protect the health, safety and welfare of the people of Hawaiʻi,” said David Ige.
As announced, the Emergency Proclamation will not continue to suspend the provision of 127A that enabled the state eviction moratorium because the legislature enacted legislation to address the situation. However, any eviction actions will still need to comply with the Federal Centers for Disease Control and Prevention’s Eviction Moratorium.
Other provisions of the Emergency Proclamation:
- Continues statewide mandatory mask provisions for indoor public settings.
- Continues the mandatory travel quarantine and Safe Travels program, including the pre-travel testing and vaccination exceptions to the quarantine.
- Continues the suspension of licensing requirements for select professions that meet certain conditions. These medical professions include locally hired physicians, physician assistants, nurses, pharmacists, respiratory therapists, radiographers, radiation therapists, nuclear medicine technologists, and civil service employed clinical psychologists and more. Those who previously had their license revoked or suspended are not eligible for this temporary exception.
- Allows Boards and Commissions to continue to meet virtually using interactive conference technology, reflecting the intent of the Legislature in Act 220 (2021).
- Allows for the extension of expirations for driver’s licenses, state IDs, and instructional permits that expired during the emergency period. This extension allows county driver’s licensing centers to recover from the ongoing effects of the pandemic on availability of services.
- Ends the limited suspension of the Uniform Information Practices Act, the state’s open records law.
Departments may develop Emergency Rules, if necessary, to respond to the ongoing COVID-19 pandemic.
The emergency proclamation is effective immediately and will expire on Oct. 4, 2021.
The emergency proclamation can be found HERE.
Chief Justice Mark E. Recktenwald issued the following message to all Hawaii State Judiciary employees, encouraging them to get vaccinated against COVID-19:
The Judiciary firmly supports COVID-19 vaccinations and believes strongly that a fully vaccinated workforce is necessary for the health and safety of one another, those with whom we interact, and the entire community, which continues to suffer greatly from this devastating virus. Therefore, we are planning a vaccination and testing program to require that all employees be fully vaccinated for COVID-19 or undergo testing on a regular basis.
This is consistent with the approach of other public employers. Governor David Ige, all four Hawaii Mayors, the Department of Education, and the University of Hawaii, will be requiring that all their employees be fully vaccinated for COVID-19 or undergo testing on a regular basis.
Details and an implementation date for the Judiciary’s program will be determined in discussion with stakeholders. We intend the interim period to serve as a reasonable timeframe for employees to assess their personal situations and decide whether to be vaccinated or undergo regular testing. We urge employees who are able to be vaccinated to do so. Should you have questions about vaccinations, please consult public health authorities, such as the Centers for Disease Control and Prevention (cdc.gov) and the Hawai‘i State Department of Health (health.hawaii.gov).
As previously advised, employees may take up to two hours of paid time off for each vaccination dose, as operations permit. Employees must coordinate with and receive authorization from their supervisor prior to leaving the worksite and may be required to provide proof of registration.
We must work together during these challenging times to do all that we can to protect each other, our families, and the communities we serve.
Mahalo,
Mark Recktenwald
The language for Vaccinations of State and County Employees reads as…
III. Vaccination and Testing for State and County Employees
Pursuant to sections 127A-12(b)(10), 127A-12(b)(16), 127A-12(b)(19), 127A-13(a)(1) and 89-9(d)(8), HRS, beginning on August 16, 2021, all State and county employees must attest to their respective Department, office, or agency whether they are (1) fully vaccinated for COVID-19; (2) partially vaccinated for COVID-19 (including receipt of one dose of a two-dose course of vaccination); or (3) not vaccinated for COVID-19. Consistent with guidance from the CDC, “fully Vaccinated” means two weeks have passed since an employee’s second dose in a two-dose series or two weeks have passed since a single-dose vaccine.
For purposes of this Proclamation, “State and county employees” means all permanent and temporary employees of the executive branch of the State and its departments, offices, and agencies, including the Department of Education and the University of Hawai‘i, and all permanent and temporary employees of each of the counties, but excluding unpaid members of boards and commissions.
As an alternative, State and county employees who do not, by August 16, 2021, provide proof that (i) they are fully vaccinated for COVID-19; (ii) have completed a single-dose vaccine; or (iii) have completed the second dose of a two-dose series shall be subject to regular COVID-19 testing and may also be subject to restrictions on official travel. The testing shall occur either once or twice per week, at the discretion of the relevant State or county department, office, or agency. The location of free testing sites can be found on the COVID-19 State of Hawai‘i Portal (https://hawaiicovid19.com). State and county employees not tested at a free testing site shall be responsible for any testing costs.
State and county employees who provide proof after August 16, 2021 that they are fully vaccinated will no longer be subject to regular COVID-19 testing.
The requirements set forth in this Section shall be enforceable through disciplinary action, up to and including termination. A violation of the provisions of Section III shall not give rise to a prosecution under section 127A-29, HRS, or enforcement as an infraction under chapter 291D, HRS.
All State and county departments, offices, and agencies shall ensure, consistent with law, that any documentation related to vaccination status or test results obtained for purposes of this section are not disclosed to individuals other than as necessary to ensure compliance with this Proclamation or as required by law or court order.
Notwithstanding the provisions set forth in this Section III, the mayor of any county may issue directives related to vaccinations and testing that are applicable only to that county’s permanent and temporary employees, as defined by the county. Nothing in this Section III is intended or construed to preempt the mayor of any county from issuing such a vaccination mandate directive.
V. Suspension of Laws
The following provisions of law are suspended, but only as explicitly set forth below and as allowed by federal law, pursuant to section 127A-13(a)(3), HRS:
Section 76-16(a), HRS, civil service and exemptions, and section 383-91(b), HRS, duties and powers of department, director, only to the extent necessary and as allowed by federal law, to enable the Director of the Department of Labor and Industrial Relations (DLIR) to waive the requirement to appoint all persons employed in the administration of chapter 383, HRS, on a merit basis in accordance with civil service recruitment procedures. These suspensions align with federal law and ensure DLIR has adequate personnel resources to respond to the unemployment crisis caused by COVID-19.
Section 89-9, HRS, scope of negotiations; consultation, section 89-10(d), HRS, written agreements; enforceability; cost items, and section 89-13, HRS, prohibited practices, to the extent necessary to allow State and county departments, agencies, and other public entities to implement policies, practices, procedures, and to take other actions necessary to mitigate risks posed by COVID-19 and its variants, including but not limited to imposition of requirements pertaining to or requiring employee testing and/or vaccination. This suspension ensures government can provide essential services safely and is necessary for the execution of emergency functions, including the efficient execution of Section III.
Chapter 91, HRS, administrative procedure, only to the extent necessary to minimize the potential spread of COVID-19 and its variants. This suspension ensures departments and agencies can conduct contested case hearings safely using interactive conference technology. Hearings shall be conducted according to the requirements established by the Legislature in Act 168 (2021), which are set forth in Exhibit C attached hereto. Any administrative rule changes needed to conform to these requirements shall be promulgated pursuant to section 91-3(b), HRS, as necessary. Departments and agencies not subject to Chapter 91, HRS, shall promulgate administrative rules pursuant to section 91-3(b), HRS, as necessary, should these departments or agencies wish to conduct contested case or other hearings by interactive conference technology.
Section 91-4(b)(2), HRS, filing and taking effect of rules, only for the limited purpose of allowing departments and agencies to adopt emergency rules to respond to the COVID-19 emergency pursuant to section 91-3(b), HRS, and to
suspend the publication requirement for an emergency rule adopted pursuant to section 91-3(b), HRS. Rules previously promulgated pursuant to proclamations related to the COVID-19 emergency shall be separately promulgated by the
relevant agencies or boards pursuant to Section 91-3(b), HRS. All agencies adopting such rules are required to comply with all other requirements of section 91-4(b)(2), HRS, by filing the rules with the Lieutenant Governor of the State and
including the agency’s findings and a brief statement of the reasons for the promulgation of any emergency rules. All relevant agencies also shall ensure the emergency rules, agency findings, and brief statement of the reasons for the
promulgation are posted on their agency website.
Chapter 92, HRS, public agency meetings and records, only to the extent necessary to minimize the potential spread of COVID-19 and its variants. This suspension ensures boards can conduct meetings safely under the sunshine law using interactive conference technology, while retaining the option to conduct traditional in-person meetings at a single meeting site or at multiple meeting sites connected by interactive conference technology. Meetings shall be conducted according to the requirements established in Exhibit C attached hereto, which incorporates the intent of the Legislature in Act 220 (2021).
Section 103-53, HRS, contracts with the State or counties; tax clearances, assignments, and section 103D-310(c), responsibility of offerors, only to the extent necessary to waive the Internal Revenue Service (IRS) tax clearance requirement. Due to COVID-19, the IRS has been unable to provide federal tax clearances timely and currently, there are approximately 1000 such requests pending with the IRS. Without a federal tax clearance, prospective contractors are unable to obtain a Hawai’i Compliance Express certificate and are unable to enter or receive final payments on contracts with the State and counties.
Section 127A-25(c), HRS, rules and orders, only to the extent that rules adopted pursuant to chapter 127A, HRS, need not be published in a newspaper of general circulation in the State. This suspension reduces costs and avoids duplication because such rules shall be posted on the applicable state or county government website or by other means of official announcement, as provided by this section, to ensure content reaches the attention of the general public.
Section 127A-30, rental or sale of essential commodities during a state of emergency; prohibition against price increases. This suspension addresses the otherwise automatic invocation of this provision during an emergency.
Section 286-106, HRS, expiration of licenses, except subsection (3) relating to expiration at end of legal time in the United States; sections 286-107(a), (g), and (h), HRS, license renewals; procedures and requirements; section 286-107.5, HRS, reactivation of expired license; fees; road test waived; section 286-110(c)(1), (f), (g) and (h), instruction permits; and section 286-306(a), HRS, expiration; renewal; replacement. The suspension of these
sections enables the Director of Transportation to waive or extend the renewal, expiration, or other deadlines for licenses and state identification cards that occurred or will occur during the emergency period. These suspensions also ensure the counties can conduct in-person operations at county satellite city halls and driver licensing centers safely. Finally, these suspensions ensure that renewals can occur without restarting the application process.
Sections 302D-12(h)(1) – (5), HRS, charter school governing boards; powers and duties, only to the extent necessary to minimize the potential spread of COVID-19 and its variants. This suspension ensures the governing board of a charter school can safely conduct business in person or through remote technology. The governing boards shall consider reasonable measures to allow public participation consistent with physical distancing practices, such as providing notice of meetings, allowing submission of written testimony on agendized items, live streaming meetings, and posting minutes of meetings
online. Because charter school governing boards are exempt from chapter 92, HRS, the suspension of sections 302D-12(h)(1) – (5), HRS, allows the charter school governing boards to hold meetings open to the public through remote technology. Charter school governing boards are encouraged to use the provisions of Exhibit C wherever possible.
Section 323D-44.5, HRS, administrative review of certain applications for certificate of need, only to the extent necessary to enable the State Health Planning and Development Agency (SHPDA) to conduct public information meetings without the certificate of need applicant, the person(s) requesting the meeting, or members of the public physically to be present in the same location. This suspension ensures that SHPDA can safely conduct public information meetings, which are exempt from Chapter 92, using interactive conference technology. If SHPDA has the staffing, technological and other resources to hold a secure video-teleconference, i.e., both video and audio, it must in good faith attempt to provide the certificate of need applicant, the person(s) requesting the meeting, and the public with the opportunity to observe the meeting as it happens and an opportunity to provide oral testimony. No SHPDA action shall be invalid if SHPDA’s good faith efforts to implement remote technology for observation, listening, or providing testimony do not work. If SHPDA does not have the staffing, technological or other resources to hold a secure video-teleconference, i.e., it is limited to audio only, it must provide the certificate of need applicant, the person(s) requesting the meeting, and the public with the opportunity to listen to the meeting as it happens and should make a good faith effort to provide an opportunity to provide oral testimony.
Section 353-62(b)(5), HRS, Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff, and related administrative rules, only to the extent necessary to allow a hearing before a panel of at least two members of the paroling authority in all cases, and section 353-63, HRS, service of Hawaii paroling authority members; compensation; expenses, only to the extent necessary to allow compensation paid to part-time members of the Hawaii paroling authority to exceed eighty percent of the total regular working hours in a month. All other requirements and limitations set forth in section 353-63 shall remain in full force and effect. These limited suspensions of chapter 353 ensure the Hawaii Paroling Authority can address the increased volume of parole hearings caused by the COVID-19 emergency and also postpone certain
hearings when facilities enter a COVID-19-related lockdown requiring medical isolation, cohorting and quarantine measures.
Sections 383-29(a)(2) and (a)(4), HRS, eligibility for benefits, only to the extent necessary and as allowed by federal law to enable the Director of DLIR to waive the registered for work requirement and the one-week waiting period for unemployment insurance claimants. These suspensions align with federal law and allow payments for the one-week waiting period to unemployment insurance claimants and otherwise ensure DLIR can adequately respond to the unemployment crisis caused by COVID–19.
Section 453-2, HRS, license required; exceptions, and Chapters 16-85, HAR, medical examiners, and 16-93, HAR, osteopaths, only 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. These suspensions ensure all health care demands are met while Hawai‘i continues to respond to the impacts of COVID-19 and its variants. These suspensions only apply where a license has not
previously been revoked or suspended and where hiring is by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, a nursing home, hospice, pharmacy, or clinical laboratory, or other health care entity.
Section 457-1, HRS, purpose, and chapter 16-89, HAR, nurses, only 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 Hawai‘i without a license. These suspensions ensure all health care demands are met while Hawai‘i continues to respond to the impacts of COVID-19 and its variants. These suspensions only apply where a license has not previously been revoked or suspended and where hiring is by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, a nursing home, hospice, pharmacy, clinical laboratory,
or other health care entity.
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Section 457-7, HRS, registered nurses; qualifications; licenses; fees; title; existing licensed nurses; verification of licenses; eligibility, only to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates, after May 1, 2020, of nursing education programs approved by the State Board of Nursing or a national accrediting body, to be employed to practice nursing under the supervision of a registered nurse, with the endorsement of the employing health care entity. This suspension is necessary because the capacity of testing centers to provide testing opportunities has been significantly reduced by the need to comply with social distancing and other site safety requirements. Section 457-8, HRS, licensed practical nurse; qualifications; license; fees; title; existing licensed nurses; verification of licenses; eligibility, only to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates, after May 1, 2020, of nursing education programs approved by the State Board of Nursing or a national accrediting body, to be employed to practice nursing under the supervision of a registered licensed practical nurse, with the endorsement of the employing health care entity. This suspension is necessary because the capacity of testing centers to provide testing opportunities has been significantly reduced by the need to comply with social distancing and other site safety requirements.
Section 457-8.5, HRS, advanced practice registered nurse; qualifications; licensure; endorsement; fees; eligibility, only to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates, after May 1, 2020, 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, to be employed to practice as an advanced practice registered nurse, with the endorsement of the employing health care entity. This suspension is necessary because the capacity of testing centers to provide testing opportunities has been significantly reduced by the need to comply with social distancing and other site safety requirements.
Section 461-5, HRS, qualifications for license, and Section 461-6, HRS, examination; license, only to the extent necessary to waive the licensure and accompanying requirements to permit graduates, after May 1, 2020, of a pharmacy college accredited by the Accreditation Council for Pharmacy Education, to be employed to practice pharmacy under the supervision of a registered pharmacist, with the endorsement of the employing health care entity. These suspensions are necessary because the capacity of testing centers to provide testing opportunities has been significantly reduced by the need to comply with social distancing and other site safety requirements.
Section 465-7.6, HRS, licensure of state employed clinical psychologists, only to the extent necessary to allow personnel in civil service clinical psychologist positions to continue the practice of psychology without having obtained licensure under chapter 465. This suspension allows state agencies to continue providing essential mental health services.
Section 466D-3, HRS, license required, and section 466D-9, HRS, licensure by endorsement, only 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 Hawai‘i without a license. These suspensions ensure all health care demands are met while Hawai‘i continues to respond to the impacts of COVID-19 and its variants. These suspensions only apply where a license has not previously been revoked or suspended and where hiring is by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, a nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Section 466J-4, licenses required, only to the extent necessary to allow an out-of-state radiographer, radiation therapist and nuclear medicine technologist licensed and in good standing in another state or foreign jurisdiction comparable licensing requirements, or those previously licensed pursuant to Chapter 466J-5, HRS, but who are no longer current and active, to practice in Hawai‘i without a license. This suspension ensures all health care demands are met while Hawai‘i continues to respond to the impacts of COVID-19 and its variants. The suspension only applies where a license has not previously been revoked or suspended and where hiring is by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, a nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.
Sections 706-669 and 706-670, HRS, disposition of convicted defendants, only to the extent these sections and related administrative rules prescribe time limits for matters before the Hawaii Paroling Authority. These suspensions address any delays caused when state facilities must implement measures necessitated by the COVID-19 emergency, including medical isolation, cohorting, quarantine and transfer restrictions.
Exhibits and Penalties can be found HERE
