Haw. Code R. § 13-300-32 - Physical examination of human remains

(a) In order to accomplish the purposes of chapter 6E, HRS, including the preservation and protection of all burial sites and especially Native Hawaiian skeletal remains from unnecessary disturbance, physical examination of human skeletal remains over fifty years old is prohibited, unless expressly provided for in this section.

(b) Physical examination of human skeletal remains may be authorized by the department to help evaluate ethnicity as deemed necessary by section 13-300-31. Physical examination shall be conducted in a respectful manner, with a recognition of the sensitivities associated with deceased human beings.

(c) Physical examination methods shall consist only of the observation of metric, non-metric, or other relevant traits needed to suggest ethnicity, or a combination thereof, if necessary. Any intrusive or destructive examination method including, but not limited to, x-ray, radio carbon dating, and mitochondrial DNA analysis, is prohibited unless a written request is made to the department and written approval is granted prior to the initiation of any such examination. Photography of human skeletal remains subject to examination pursuant to this subsection shall be prohibited, unless written consent is first obtained from the council where ethnicity is suggested to be Native Hawaiian, or the department, where ethnicity is suggested to be non Native Hawaiian. Failure to comply with this subsection may subject a violator to the penalties stated in section 13-300-43.

(d) Commingled human skeletal remains shall be separated by individual following the relevant methods stated in subsection (c).

(e) Upon examination completion, each set of human skeletal remains representing an individual shall be covered with clean white cloth and placed in a plain cardboard container. Each container shall be clearly marked with burial site location, names of the examiners, and dates of examination. Skeletal remains not identified to a specific individual shall be covered with clean white cloth, placed in a plain cardboard container, and the container marked accordingly.

(f) Physical examination shall be conducted at a location approved by the department on the island where the human skeletal remains originated. Inter island transportation of human skeletal remains shall occur only with prior approval of the department.

(g) Within thirty days of completion of the physical examination, a report shall be submitted to the department for review and acceptance. The report shall include the following:

(1) Number of individuals represented; and

(2) The suggested ethnicity of each individual or a finding that ethnicity could not be suggested by reasonable belief.

Notes

Haw. Code R. § 13-300-32

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 6E-43.5, 6E-43.6)