Haw. Rev. Stat. § 468E-8 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-8
License.
Status: in_force

(a) After December 31, 1988, no person shall engage in the practice of speech pathology or audiology unless the person is licensed in accordance with this chapter or as otherwise provided in this chapter.

(b) All speech pathologists and audiologists employed by a county or state government shall comply with the license requirements of this chapter by December 31, 1984; provided that:

(1) Any person engaged in the practice of speech pathology or audiology on or before October 1, 1981, as an employee of or under contract to a county or state government agency shall be deemed in compliance with the licensure requirements without the necessity of holding an ASHA certificate and may continue to practice speech pathology or audiology, as the case may be, for as long as the person remains continuously employed in any county or state government agency for that purpose; and

(2) The records of the board of speech pathology and audiology shall distinguish between those employees practicing speech pathology and audiology who are licensed in accordance with this chapter, and those who are deemed to be in compliance with the licensure requirements in accordance with this subsection.

(c) A person certified by ASHA or licensed under the laws of another state or the District of Columbia as a speech pathologist or audiologist who has applied for a license in this State may perform speech pathology or audiology services in this State for a period not to exceed ninety days from the time of submitting the person's application. [L 1974, c 48, pt of §1; am L 1981, c 242, §5; am L 1983, c 200, §1; gen ch 1985; am L 1988, c 320, §6]
Haw. Rev. Stat. § 454F-1.5 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-1.5
Registration with NMLS required.
Status: in_force

(a) All mortgage loan originators, mortgage loan originator companies, exempt registered mortgage loan originators, exempt sponsoring mortgage loan originator companies, nonprofit organizations, and every other person in this State that originates a residential mortgage loan, unless exempt under section 454F-2, shall register with NMLS.

(b) Exempt registered mortgage loan originators, unless exempt under section 454F-2, shall register and maintain a unique identifier through NMLS, but shall not be required to be licensed under this chapter. [L 2010, c 84, pt of §3; am L 2011, c 194, §3; am L 2012, c 252, §3; am L 2013, c 168, §3; am L 2016, c 122, §4]
Haw. Rev. Stat. § 440E-28 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-28
Penalties.
Status: in_force

(a) Any person in violation of this chapter or the rules adopted pursuant thereto shall be fined not more than $5,000 for each violation. Each day's violation or failure to comply shall be deemed a separate offense.

(b) In addition to the penalties provided in this chapter, any person in violation of this chapter may be prohibited from engaging in any mixed martial arts activities in the State for a period in conformity with that set forth in section 92-17. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 459-14.5 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-14.5
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 451J-12 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-12
Confidentiality and privileged communications.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] No person licensed as a marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances:

(1) As required by law;

(2) To prevent a clear and immediate danger to a person or persons;

(3) In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;

(4) In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;

(5) In accordance with the terms of a client's previously written waiver of the privilege; or

(6) Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a therapist may disclose information received from any family member in accordance with the terms of the person's waiver. [L 1998, c 159, pt of §2]

§451J-12 Confidentiality and privileged communications. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] No person licensed as a marriage and family therapist or an associate marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances:

(1) As required by law;

(2) To prevent a clear and immediate danger to a person or persons;

(3) In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;

(4) In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;

(5) In accordance with the terms of a client's previously written waiver of the privilege; or

(6) Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a marriage and family therapist or an associate marriage and family therapist may disclose information received from any family member in accordance with the terms of the person's waiver. [L 1998, c 159, pt of §2; am L 2024, c 93, §9]
Haw. Rev. Stat. § 448-2 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-2
Practice without license prohibited.
Status: in_force

No person shall practice dentistry or dental surgery in the State, either gratuitously or for pay, or shall offer to so practice or shall advertise or announce oneself, either publicly or privately, as prepared or qualified to so practice, or append the letters "D.D.S.", "D.M.D.", "Dr.", "L.D.S.", or any other dental degree to the person's name with intent thereby to imply that the person is a practitioner of dentistry or a dental surgeon, without having a valid, unrevoked license from the board of dentistry.
Haw. Rev. Stat. § 437-14 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-14
Delivery of contract required.
Status: in_force

In the event any person licensed according to this chapter represents a buyer in the State in purchasing or attempting to purchase a motor vehicle from or through a dealer or broker not licensed in the State (hereinafter called "nonresident") residing or doing busines without the State the person shall deliver to the buyer upon execution, a copy of the contract or agreement covering such transaction which shall include the make, model, type, year, and price of the motor vehicle, the name and address of the nonresident through whom the sale or purchase is negotiated.
Haw. Rev. Stat. § 457A-6 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-6
Certification required.
Status: in_force

Except as otherwise provided in this chapter, no person shall:

(1) Represent one's self as a certified nurse aide;

(2) Imply, in any manner, that one's self is a certified nurse aide; or

(3) Use the abbreviation "C.N.A." or any other words, letters, signs, or devices to identify one's self as a certified nurse aide;

without having first obtained certification as provided in this chapter. [L 2007, c 226, pt of §4]
Haw. Rev. Stat. § 449-11 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-11
Fidelity bonds; insurance or other security devices.
Status: in_force

[See Note below.] A licensed escrow depository shall at all times either:

(1) Maintain a fidelity bond executed by a surety insurer authorized to do business in the State in an amount not less than $100,000; provided that any bond which is subject to a deductible thereunder in excess of $10,000 per occurrence shall require the prior approval of the commissioner, who may take into consideration, among other factors, the amount of the proposed bond; or

(2) Deposit an equivalent amount of cash or other security device under such terms and conditions as are acceptable to the commissioner,

upon all of its directors, officers, and employees who have access to money or negotiable securities or instruments in its possession or under its control. Notwithstanding the above provision, the escrow depository may carry bonds or deposit cash or securities above the amounts required by the commissioner. [L 1967, c 144, pt of §1; HRS §449-11; am L 1970, c 72, §2; am L 1985, c 269, §50; am L 1996, c 41, §1; am L 2001, c 184, §3; am L 2013, c 166, §7]
Haw. Rev. Stat. § 437B-20 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-20
License condition precedent to lien.
Status: in_force

No person required to be licensed under this chapter shall have the benefit of any lien for labor or materials or the right to sue on a contract for motor vehicle repairs done by the person unless the person was licensed at the time the person performed the contract.
Haw. Rev. Stat. § 4 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 4
51J-7.
Status: in_force

[§4 51J-7.2] Provisional license for associate marriage and family therapists; services reimbursable. [Section effective July 1, 2026.] (a) The department shall grant, upon application and payment of proper fees, provisional licensure as an associate marriage and family therapist to an individual who:

(1) Has received a master's or doctoral degree from an accredited educational institution in marriage and family therapy or in an allied field related to the practice of mental health counseling;

(2) Has completed a one year practicum with three hundred hours of supervised client contact; and

(3) Engages in marriage and family therapy practice under the clinical supervision of a licensed marriage and family therapist or any licensed mental health professional during the period of time necessary to fulfill the clinical experience requirements for licensure as a marriage and family therapist pursuant to section 451J-7(3); provided that the licensed marriage and family therapist or licensed mental health professional is in good standing with the department.

(b) Each provisional license issued pursuant to this section shall include the name and title of the licensed marriage and family therapist or licensed mental health professional providing clinical supervision of the applicant as described in subsection (a)(3). A licensed associate marriage and family therapist shall practice marriage and family therapy only under the direct supervision of the licensed marriage and family therapist or licensed mental health professional.

(c) A provisional license issued pursuant to this section shall be valid for one year from the date of issuance and may be renewed for an additional one-year period if needed to fulfill the requirements for licensure as a marriage and family therapist pursuant to section 451J-7(3).

(d) Services provided by a supervised licensed associate marriage and family therapist shall be eligible for insurance reimbursement; provided that the supervising licensed marriage and family therapist's services are eligible for reimbursement as a contracted provider; provided further that the billed rate for the licensed associate marriage and family therapist shall be commensurate with the requisite level of training. [L 2024, c 93, §2]
Haw. Rev. Stat. § 467-13 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-13
Delivery of agreement.
Status: in_force

When a licensee prepares or has prepared an agreement authorizing the licensee to perform any of the acts for which the licensee is required to hold a license, or when such licensee secures the signature of any party or parties to any contract pertaining to such services or transaction, the licensee shall deliver a copy of the agreement or contract to the party or parties signing it, at the time the signature is obtained; provided that only one copy need be delivered to parties signing as cotenants.
Haw. Rev. Stat. § 445-136 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-136
Breach of condition; penalty.
Status: in_force

Every licensed pawnbroker who fails to comply with any of the provisions of this part shall be fined not more than $2,500 for each violation and shall forfeit the pawnbroker's license.
Haw. Rev. Stat. § 467B-6.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-6.5
Annual financial reports; fiscal records and fees.
Status: in_force

(a) Every registered charitable organization shall annually file with the department a report for its most recently completed fiscal year. If the charitable organization files a Form 990, 990-EZ, or 990-PF with the Internal Revenue Service, the annual report shall be a copy of that Form 990, 990-EZ, or 990-PF. If the registered charitable organization is required to file a Form 990-T with the Internal Revenue Service, the annual report shall include a copy of that Form 990-T. If a charitable organization is not required to file a Form 990, 990-EZ, or 990-PF with the Internal Revenue Service, the annual report shall contain all information prescribed by the department. The annual report for a charitable organization that files a Form 990, 990-EZ, or 990-PF shall be electronically submitted to the department within ten business days of the date that the organization files the form with the Internal Revenue Service. The annual report for a charitable organization that files a Form 990-N or that is not required to file a Form 990, 990-EZ, or 990-PF shall be electronically submitted to the department not later than the fifteenth day of the fifth month following the close of its fiscal year. An authorized officer or agent of the charitable organization shall sign the annual report and shall certify that the statements therein are true and correct to the best of the officer's or agent's knowledge subject to penalties imposed by section 710-1063. A charitable organization that has obtained an extension of time to file a Form 990, 990-EZ, or 990-PF from the Internal Revenue Service shall provide a copy to the attorney general within twenty days after the copy is requested by the attorney general. The department shall accept, under conditions prescribed by the attorney general, a copy or duplicate original of financial statements, reports, or returns filed by the charitable organization with the Internal Revenue Service or another state having requirements similar to the provisions of this section; provided that the attorney general may prescribe the form of the annual financial report for charitable organizations that file the Form 990-N with the Internal Revenue Service, or who are not required to file a Form 990, 990-EZ, or 990-PF with the Internal Revenue Service.

(b) A charitable organization required to obtain an audit report by a governmental authority or a third party shall include with its annual financial report, an audit report, prepared in accordance with generally accepted accounting principles, by a certified public accountant.

(c) Each charitable organization filing a report required by this section shall pay a filing fee to the department based on the amount of its total revenue during the time covered by the report at the close of the calendar or fiscal year adopted by the charitable organization as follows:

(1) $0, if total revenue is less than $25,000;

(2) $25, if total revenue is at least $25,000 but less than $50,000;

(3) $50, if total revenue is at least $50,000 but less than $100,000;

(4) $100, if total revenue is at least $100,000 but less than $250,000;

(5) $150, if total revenue is at least $250,000 but less than $500,000;

(6) $200, if total revenue is at least $500,000 but less than $1,000,000;

(7) $250, if total revenue is at least $1,000,000 but less than $2,000,000;

(8) $350, if total revenue is at least $2,000,000 but less than $5,000,000; or

(9) $600, if total revenue is $5,000,000 or more.

For purposes of this subsection, the term "total revenue" means the same as that used on the Internal Revenue Service Form 990, regardless of which form, if any, is filed with the Internal Revenue Service.

(d) If a return, report, or filing fee required under this section is not filed or paid, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, a late filing fee of $20 shall be imposed for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.

(e) Every charitable organization subject to section 467B-2.1 and this section shall keep true fiscal records that shall be available to the department for inspection upon request. The organization shall retain the records for no less than three years after the end of the fiscal year to which they relate.

(f) The attorney general may require the annual financial report and audit report required by subsections (a) and (b) to be electronically submitted and to include electronic signatures. [L 2008, c 174, pt of §2; am L 2011, c 40, §2; am L 2013, c 61, §6; am L 2016, c 163, §6; am L 2017, c 86, §4; am L 2019, c 66, §3]
Haw. Rev. Stat. § 444-16 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-16
Action on applications.
Status: in_force

Within one hundred and twenty days after the filing of a proper application for a license and the payment of the required fees, the board shall:

(1) Conduct an investigation of the applicant, and in that investigation may post pertinent information, including the name and address of the applicant and the names, addresses, and official capacities of any partnership, corporation, or other entity that the applicant is associated with; and

(2) Either issue a license to the applicant or notify the applicant in writing by registered mail of the board's decision not to grant the license and specifically notify the applicant of the applicant's right to submit a request for a contested case hearing pursuant to chapter 91 within sixty days of the board's decision. The hearing shall be conducted in accordance with chapter 91. [L 1957, c 305, §1(s 15); am L 1965, c 37, §1; Supp, §166A-15; HRS §444-16; am L 1973, c 116, §1; gen ch 1985; am L 1992, c 202, §68 and c 258, §4; am L 2021, c 230, §14]
Haw. Rev. Stat. § 468L-11 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-11
Remedies cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State.
Haw. Rev. Stat. § 454F-2 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-2
Exemptions.
Status: in_force

This chapter shall not apply to the following:

(1) An exempt registered mortgage loan originator when acting for an insured depository institution or an institution regulated by the Farm Credit Administration, except as otherwise provided by this chapter;

(2) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client unless the attorney is compensated by a lender, a mortgage loan originator company, or other mortgage loan originator or by an agent of a lender, mortgage loan originator company, or other mortgage loan originator;

(3) A person or entity that only performs real estate brokerage activities and is licensed or registered by the State unless the person or entity is compensated by a lender, a mortgage loan originator company, or other mortgage loan originator or by an agent of the lender, mortgage loan originator company, or other mortgage loan originator;

(4) A person or entity solely involved in extensions of credit relating to timeshare plans, as the term is defined in title 11 United States Code section 101(53D);

(5) An exempt sponsoring mortgage loan originator company as defined by this chapter except as otherwise provided by this chapter;

(6) An insured depository institution;

(7) An institution regulated by the Farm Credit Administration;

(8) Employees of government agencies or of housing finance agencies who act as mortgage loan originators; or

( 9) A seller of real property who offers or negotiates terms of a residential mortgage loan that is financed by the seller and secured by the seller's own real property; provided that:

(A) The seller is a person, estate, or trust that transacts three or fewer residential mortgage loans in one calendar year;

(B) The seller is not a loan originator for purposes of the loan originator qualification requirements in 12 C.F.R. section 1026.36(f) and (g);

(C) The seller has not constructed or acted as the construction contractor for the residence on the property in the ordinary course of the seller's business;

(D) The interest rate for the loan does not exceed the State's usury limit; provided that the exemptions from usury specified in section 478-8 shall not apply to transactions subject to this paragraph;

(E) The seller shall provide to the buyer the terms of the financing including:

(i) A current title search including any liens against the property;

(ii) The interest rate;

( iii) Monthly principal and interest payments;

(iv) Any prepayment penalty;

(v) Any late payment charges;

( vi) The payment schedule;

(vii) The total amount of interest that the mortgagor will pay over the term of the loan expressed as a percentage of the loan amount;

(viii) A calculation of projected aggregate monthly payments including principal and interest;

(ix) Estimated closing costs if closing costs are included in loan costs and estimated cash to close if closing costs are not included in loan costs. For purposes of this paragraph, closing costs shall include recording fees, transfer taxes, prepaid costs such as homeowner's insurance premiums or property taxes, and appraisal costs charged to the mortgagor;

(x) T he seller's contact information including name, address, phone number, electronic mail address, and alternate contact information to the extent available; and

(xi) A statement that the seller will acquire a security interest in the buyer's dwelling and that the buyer may lose the dwelling in the event of a loan default;

(F) The seller shall provide a disclaimer, to be initialed by the buyer, which states, "BUYER ACKNOWLEDGES RECEIVING FINANCING FROM THE SELLER IN THIS TRANSACTION AND GRANTING THE SELLER A MORTGAGE. THIS CAN HAVE SERIOUS CONSEQUENCES SHOULD BUYER FAIL TO MAKE ANY PAYMENTS INCLUDING BUT NOT LIMITED TO FORECLOSURE AND THE LOSS OF BUYER'S PROPERTY. THEREFORE, IT IS IMPORTANT THAT BUYER UNDERSTANDS ALL FINANCING TERMS AND OBLIGATIONS AND OBTAINS PROFESSIONAL EXPERT ADVICE TO THE EXTENT NECESSARY TO ENSURE BUYER IS FULLY ADVISED IN THIS MATTER."; and

(G) A residential mortgage loan shall be recorded with the land court or bureau of conveyances as applicable. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §9; am L 2011, c 194, §4; am L 2012, c 252, §7; am L 2014, c 198, §2; am L 2015, c 225, §2; am L 2016, c 122, §6]
Haw. Rev. Stat. § 468M-11 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-11
Violations; fraud.
Status: in_force

Any violations by an activity desk of any law relating to client trust accounts or the bond or letter of credit pursuant to section 468M-10 shall constitute a prima facie showing of fraud on the part of the activity desk and may not be dischargeable as a debt to a consumer or an activity provider in any bankruptcy proceeding.
Haw. Rev. Stat. § 454F-16 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-16
Mortgage call reports.
Status: in_force

Each licensee and exempt sponsoring mortgage loan originator company, as may be required by title 12 United States Code sections 5101 to 5116, shall submit quarterly to NMLS reports of condition, using the form entitled "FINANCIAL CONDITION" or "RESIDENTIAL MORTGAGE LOAN ACTIVITY", which shall be in the form and contain the information as NMLS may require. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §21; am L 2013, c 168, §16; am L 2014, c 198, §7]
Haw. Rev. Stat. § 444-28 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-28
Statute of limitations; recovery from fund.
Status: in_force

(a) No action for an arbitration award or for a judgment which may subsequently result in an order for collection from the contractors recovery fund shall be commenced later than six years from the accrual of the cause of action thereon. When any injured person commences action for an arbitration award or for a judgment which may result in collection from the contractors recovery fund, the injured person shall notify the board in writing to this effect at the time of the commencement of such action. The board shall have the right to intervene in and defend any such action. Nothing in this section shall supersede the statute of limitations as contained in section 657-8.

(b) When any injured person recovers a valid judgment in any circuit court or district court of the county where the violation occurred against any licensed contractor for such act, representation, transaction, or conduct which is in violation of the provisions of this chapter or the regulations promulgated pursuant thereto, which occurred on or after June 1, 1974, the injured person may, upon the termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the contractors license board, may apply to the court for an order directing payment out of the contractors recovery fund, of the amount unpaid upon the judgment, subject to the limitations stated in this section. Before proceeding against the contractors recovery fund, the injured person must first proceed against any existing bond covering the licensed contractor.

(c) The court shall proceed upon such application in a summary manner, and, upon the hearing thereof, the injured person shall be required to show:

(1) The injured person is not a spouse of debtor, or the personal representative of such spouse.

(2) The injured person has complied with all the requirements of this section.

(3) The injured person has obtained a judgment as set out in subsection (b) of this section, stating the amount thereof and the amount owing thereon at the date of the application.

(4) The injured person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

(5) That by such search the injured person has discovered no personal or real property or other assets liable to be sold or applied, or that the injured person has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that the injured person has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized.

(d) The court shall make an order directed to the contractors license board requiring payment from the contractors recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this section, if the court is satisfied, upon the hearing of the truth of all matters required to be shown by the injured person by subsection (c) of this section and that the injured person has fully pursued and exhausted all remedies available to the injured person for recovering the amount awarded by the judgment of the court.

(e) The license of the contractor shall be automatically terminated upon execution of a settlement agreement requiring payment from the contractors recovery fund or the issuance of a court order authorizing payment from the contractors recovery fund. No contractor shall be eligible to receive a new license until the contractor has repaid in full, plus interest at the rate of ten per cent a year, the amount paid from the contractors recovery fund on the contractor's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection.

(f) If, at any time, the money deposited in the contractors recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the contractors license board shall, when sufficient money has been deposited in the contractors recovery fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed.

(g) With respect to the repair or alteration of an existing residential building or structure or any appurtenance thereto, including but not limited to swimming pools, retaining walls, garages or sprinkling systems, initial construction of such appurtenances, and landscaping of private residences, including condominium or cooperative units, pursuant to a contract between the owner and a licensed contractor for which the owner has paid the contractor in full, should, because of the contractor's default, a mechanic's or materialman's lien be enforced against the property pursuant to section 507-47, the court hearing the action shall award such an owner or the owner's assigns a valid judgment against the contractor in an amount equal to the amount of the lien together with reasonable attorney's fees as determined by the court. The judgment shall include an order directing payment out of the contractors recovery fund. Notwithstanding any other provisions of this section to the contrary, the owner or the owner's assigns need not meet any other requirement to secure payment from the contractors recovery fund, except that notice of the lien enforcement hearing shall be given to the contractors license board so it may appear pursuant to section 444-31. [L 1973, c 170, pt of §1; am L 1975, c 183, §1; am L 1977, c 127, §3; gen ch 1985; am L 1992, c 258, §§5, 6]
Haw. Rev. Stat. § 467B-1 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Charitable fundraising platform" [Definition effective July 1, 2026. L 2025, c 108, §10.] means any person that uses the Internet to provide an internet website, service, or other platform to persons in the State, and performs, permits, or otherwise enables acts of solicitation to occur, which includes the following and any similar activity:

(1) Listing or referencing by name one or more recipient charitable organizations to receive donations or grants of recommended donations made by the platform based on purchases made or other activity performed by persons who use the platform; and

(2) Providing to charitable organizations a customizable internet-based website, software as a service, or other platform that allows charitable organizations to solicit or receive donations on or through the platform, including through peer-to-peer charitable fundraising; provided that the customizable platform provided by the charitable fundraising platform does not include the charitable organization's own platform, but may integrate with the charitable organization's platform.

"Charitable fundraising platform" does not include:

(1) A charitable organization's own platform that solicits donations only for itself;

(2) A vendor that solely provides technical or supportive services to a charitable fundraising platform so that the charitable fundraising platform can function and operate, including vendors used for hosting or domain services, security certificates, internet access, internet application development, or digital payment processing. If that vendor also performs, permits, or otherwise enables acts of solicitation described by paragraph (1) on its own platform to persons in the State, it is a charitable fundraising platform for its own platform;

(3) A sponsoring organization of donor advised funds that solicits donors to open donor advised fund accounts or similar accounts, receives recommendations from donors on charitable organizations that may receive grants of funds previously contributed to the sponsoring organization for a donor's donor advised fund account, and the sponsoring organization does not list or reference by name one or more recipient charitable organizations for solicitation purposes on its platform for persons who do not have advisory privileges with respect to the granting of funds in a donor advised fund of the sponsoring organization; or

(4) A person or entity that meets the definitions of both a professional solicitor and a charitable fundraising platform is only a professional solicitor when the person or entity for compensation performs any of the following acts of solicitation:

(A) Direct mail solicitation, excluding electronic mail or messages;

(B) Estate gift or estate planning solicitation;

(C) In-person solicitation through a fundraising event, door-to-door or other public spaces, or a vending machine or similar equipment that does not use a person to perform the solicitation;

(D) Noncash solicitation;

(E) Nonincidental acts of solicitation that are not internet based, including solicitation through print, radio, or television;

(F) Solicitation involving receiving something of value, or a chance to win something of value, in connection with a donation; or

(G) Telephone solicitation.

"Charitable organization" means:

(1) Any person determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or

(2) Any person who is or holds itself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose, or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that has a tendency to suggest there is a charitable purpose to the solicitation. The term includes each county or other local division of the charitable organization within this State, if the division has the authority and discretion to disburse funds or property otherwise than by transfer to any parent organization. The term does not include any federal, state, or county agency, or political parties and candidates for federal, state, or county office required to file financial information with federal or state election authorities or commissions.

"Charitable purpose" means:

(1) Any purpose described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or

(2) Any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective.

"Charitable sales promotion" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below. L 2025, c 108, §10. ] means an advertising or sales campaign, conducted by a commercial co-venturer, that represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or charitable purpose.

"Charitable sales promotion" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above. L 2025, c 108, §10. ] means an advertising or sales campaign, conducted by a commercial co-venturer, charitable fundraising platform, or platform charity, that represents that the purchase or use of goods or services offered by the commercial co-venturer, charitable fundraising platform, or platform charity will benefit, in whole or in part, a charitable organization or charitable purpose.

"Commercial co-venturer" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below.] means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable sales promotions.

"Commercial co-venturer" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above.] means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable sales promotions. A person who meets the definitions of "commercial co-venturer" and "charitable fundraising platform" shall be considered a commercial co-venturer when the acts of solicitation through an internet website, service, or other platform to persons in this State are for six or fewer recipient charitable organizations per calendar year, and the commercial co-venturer complies with section 467B-5.5.

"Contribution" means the promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of a charitable organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the charitable organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority, or a grant or subsidy from any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

"Department" means the department of the attorney general.

"Donor advised fund" [Definition effective July 1, 2026. L 2025, c 108, §10.] shall have the same meaning as in section 4966(d)(2) of the Internal Revenue Code of 1986, as amended.

"Fundraising costs" means those costs incurred in inducing others to make contributions to a charitable organization for which the contributors will receive no direct economic benefit. The term generally includes but is not limited to salaries, rent, the costs of acquiring and maintaining mailing lists, printing, mailing, and all direct and indirect costs of soliciting, as well as the cost of unsolicited merchandise sent to encourage contributions. The term does not include the direct cost of merchandise or goods sold or the direct cost of fundraising dinners, bazaars, shows, circuses, banquets, dinners, theater parties, or any other form of benefit performances.

"Gross receipts" means the total amount of money, contributions, and revenue of any kind received by the charitable organization from all sources, without subtracting any costs or expenses.

"Gross revenue" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below. L 2025, c 108, §10. ] means income of any kind from all sources, including all amounts received as the result of any solicitation by a professional solicitor.

"Gross revenue" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above. L 2025, c 108, §10. ] means income of any kind from all sources, including all amounts received as the result of any solicitation by a professional solicitor, charitable fundraising platform, or platform charity.

"Membership" means membership in a charitable organization that provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit upon its members, in addition to the right to vote, elect officers or hold offices, upon the payment of fees, dues, assessments, etc. The term does not include those persons who are granted a membership upon making a contribution as a result of solicitation.

"Owner" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below. L 2025, c 108, §§10, 13.] means any person who has a direct or indirect interest in any professional fundraising counsel or professional solicitor.

"Owner" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] means any person who has a direct or indirect interest in any professional fundraising counsel or professional solicitor.

"Parent organization" means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fundraising, and expenditures, or assists or advises one or more related foundations, supporting organizations, chapters, branches, or affiliates of such organization in this State.

"Peer-to-peer charitable fundraising" [Definition effective July 1, 2026. L 2025, c 108, §10. ] means a solicitation campaign created by a person to support a recipient charitable organization, through or with other assistance provided by a charitable fundraising platform or platform charity.

"Percentage compensation" means any compensation, commission, bonus, award, or remuneration, whether direct, indirect, or otherwise, that is calculated by means of a formula, process, evaluation, or other mechanism that considers the amount of funds to be raised or received.

"Person" means an individual, corporation, limited liability company, association, partnership, trust, foundation, and any other entity, however styled.

"Platform charity" [Definition effective July 1, 2026. L 2025, c 108, §§10, 13.] means a charitable organization that facilitates acts of solicitation on a charitable fundraising platform, which includes either of the following and any similar activity:

(1) Soliciting donations through a charitable fundraising platform for itself from donors who use the charitable fundraising platform with the implied or express representation that the platform charity may grant donations to recipient charitable organizations; or

(2) Granting funds to recipient charitable organizations based on purchases made or other activity performed by persons who use a charitable fundraising platform.

"Platform charity" does not include a sponsoring organization of donor advised funds that solicits donors to open donor advised fund accounts or similar accounts, receives recommendations from donors on charitable organizations that may receive grants of funds previously contributed to the sponsoring organization for a donor's donor advised fund account, and the sponsoring organization does not list or reference by name one or more recipient charitable organizations for solicitation purposes on its platform for persons who do not have advisory privileges with respect to the granting of funds in a donor advised fund of the sponsoring organization. A person who meets the definitions of "platform charity" and "charitable fundraising platform" shall be deemed a charitable fundraising platform.

"Professional fund-raising counsel" or "professional fundraising counsel" means any person who, for compensation, plans, conducts, manages, advises, consults, or prepares material for, or with respect to, the solicitation of contributions in this State for a charitable organization, but who actually solicits no contributions as a part of the person's services, and who does not employ, procure, or engage any compensated person to solicit contributions. The term shall not include a bona fide volunteer, salaried officer, or employee of a charitable organization, or a person if the only services performed by the person are to plan, conduct, manage, advise, consult, or prepare grant or subsidy application materials for a charitable organization.

"Professional solicitor" means any person who, for a financial or other consideration, solicits contributions in this State for a charitable organization, or any person with whom the professional solicitor independently contracts to solicit for contributions. A person who is otherwise a professional fundraising counsel shall be deemed a professional solicitor if the person's compensation is related to the amount of contributions received or has custody or control of contributions received. The term does not include a bona fide volunteer. The term includes a salaried officer or employee of a charitable organization if the salaried officer or employee of the charitable organization receives percentage compensation. The term does not include an attorney, investment counselor or advisor, financial advisor, or banker, or other person who:

(1) Advises another person to make a contribution to a charitable organization as part of the person's employment; and

(2) Does not receive compensation from the charitable organization for that advice.

"Recipient charitable organization" [Definition effective July 1, 2026. L 2025, c 108, §10.] means a charitable organization that is listed or referenced by name on a charitable fundraising platform or by a platform charity for solicitation purposes.

"Solicit" and "solicitation" mean a request directly or indirectly for money, credit, property, financial assistance, or thing of value on the plea or representation that the money, credit, property, financial assistance, or thing of value, or any portion thereof, will be used for a charitable purpose or to benefit a charitable organization. These terms shall include the following:

(1) Any oral or written request;

(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;

(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;

(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and

(5) A request made through the use of receptacles for contributions such as honor boxes, vending machines, wishing wells, contribution boxes, and novelty machines, where a charitable appeal is used or referred to or implied as an inducement or reason to contribute.

A solicitation occurs whether or not the person making the solicitation receives any contribution. However, the term shall not include the submission of a grant or subsidy proposal or application to a governmental authority or any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. [L 1969, c 167, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1990, c 129, §3; am L 1993, c 206, §2; am L 2004, c 93, §3; am L 2006, c 168, §2; am L 2008, c 174, §3; am L 2013, c 61, §1; am L 2016, c 163, §1; am L 2024, c 205, §2; am L 2025, c 108, §3]
Haw. Rev. Stat. § 440G-4 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-4
Issuance of cable franchises and regulation of cable operators by director of commerce and consumer affairs.
Status: in_force

The director shall be empowered to issue cable franchises and otherwise administer and enforce this chapter.
Haw. Rev. Stat. § 437D-14 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-14
Fuel charges.
Status: in_force

(a) Except as provided in this section, refueling charges are prohibited.

(b) Upon the lessee's return of the vehicle, if the amount of fuel remaining in the vehicle is less than the amount originally provided by the lessor, the lessor may charge the lessee to refuel the vehicle based upon the number of gallons or liters used by the lessee. The amount of fuel that may be charged to the lessee shall be calculated in one of two ways:

(1) If the vehicle was delivered to the lessee with a full tank, the number of gallons or liters required to refill the tank; or

(2) If the vehicle was rented with less than a full tank, the number of gallons or liters less than the amount originally provided by the lessor according to the vehicle's gas gauge as read both before and after the lessee's use thereof, employing an appropriate chart showing the number of gallons or liters corresponding to the gas gauge readings. Each chart shall be specifically keyed to the model of car.

(c) Upon the lessee's return of the vehicle, if the amount of fuel remaining in the rental vehicle is greater than the amount originally provided by the lessor upon delivery of the vehicle to the lessee, the lessor shall credit the lessee an amount based on the gallons or liters added by the lessee, calculated by the method set forth in subsection (b)(2).

(d) In the event that the lessor has no reasonably accessible refueling facilities, the lessor is not required to give the credit to the lessee as described in subsection (c); provided that if no credit is given, the lessor shall disclose that fact to the lessee at the time the rental agreement is signed.

(e) The lessor shall provide the lessee with written notice of the amount to be credited, except as provided in subsection (d), or charged on a per gallon or per liter basis.

(f) The price per gallon or per liter that is charged for the amount of fuel required to refuel the vehicle, as provided in subsection (b), shall not exceed the average of the locally prevailing retail market price for similar fuel sold at self-service gasoline pumps by commercial gasoline dealers and a reasonable surcharge not to exceed one-half of that retail price.

(g) The per gallon or per liter amount that is credited pursuant to subsection (c), except as provided in subsection (d), may not be lower than the locally prevailing retail market price for similar fuel sold by commercial gasoline dealers.

(h) Nothing in this section shall prohibit the lessor from offering the lessee the option of purchasing, at the time of taking delivery of the vehicle, a full tank of fuel from the lessor at a price per gallon or per liter that shall not exceed the average of the locally prevailing retail market price for similar fuel sold at self-service gasoline pumps by commercial gasoline dealers; provided that the option includes the provisions that:

(1) If the vehicle is driven one hundred miles or less, and the lessee has not returned the vehicle with a full tank of fuel, the lessee shall be credited for the amount charged to the lessee for the purchase of fuel when the lessee took delivery of the vehicle, and be charged in the method set forth in subsection (b); or

(2) If the lessee returns the vehicle with a full tank of fuel, the lessee shall be credited for the amount charged to the lessee for the purchase of fuel when the lessee took delivery of the vehicle. [L 1988, c 251, pt of §2; am L 1996, c 171, §2; am L 2004, c 35, §2]
Haw. Rev. Stat. § 436E-2 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-2
Definitions.
Status: in_force

As used in this chapter:

"Acupuncture practitioner" means a person engaged in the practice of acupuncture.

"Board" means the board of acupuncture.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Earned degree" means an academically or a clinically obtained degree (not honorary).

"Practice of acupuncture" means stimulation of a certain acupuncture point or points on the human body for the purpose of controlling and regulating the flow and balance of energy in the body. The practice includes the techniques of piercing the skin by inserting needles and point stimulation by the use of acupressure, electrical, mechanical, thermal, or traditional therapeutic means. [L 1985, c 214, pt of §1]
Haw. Rev. Stat. § 445-3 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-3
Signed by whom.
Status: in_force

Every license shall be signed by the treasurer of the county, within which the license is to be operative.
Haw. Rev. Stat. § 460J-22 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-22
Fumigation job log; preservation and inspection.
Status: in_force

A licensee shall maintain a log of each fumigation job performed by the licensee in this State. The log shall be in the form required by the regulations of the board and shall be preserved for a period of at least two years, during which time it shall be available at all times during business hours for inspection by the board and its authorized representatives.
Haw. Rev. Stat. § 471-7 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-7
Power to investigate.
Status: in_force

The Hawaii board of veterinary medicine or any member thereof, or any person designated by the board for the purpose, may investigate any violation or suspected violation of this chapter. Each member of the board may administer oaths in connection with any such investigation.
Haw. Rev. Stat. § 442-4 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-4
REPEALED.
Status: in_force

L 1992, c 202, §194.
Haw. Rev. Stat. § 466-42 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-42
Peer review oversight committee.
Status: in_force

(a) The board shall establish a peer review oversight committee for the purpose of:

(1) Monitoring sponsoring organizations to ensure that peer reviews are being conducted and reported in accordance with standards for performing and reporting on peer reviews adopted by the American Institute of Certified Public Accountants Peer Review Board;

(2) Reviewing the policies and procedures of sponsoring organization applicants as to their conformity with the peer review standards of any applicable peer review organization and this part; and

(3) Reporting to the board on the conclusions and recommendations reached as a result of performing the functions in paragraphs (1) and (2).

(b) Except to the extent otherwise required under this section and section 466-41(b), information concerning a specific firm or reviewer obtained by the peer review oversight committee during oversight activities shall be confidential and shall not be subject to discovery, pursuant to section 466-32, and reports submitted to the board by the peer review oversight committee shall not contain information concerning specific firms or reviewers. Members of the peer review oversight committee shall be required to execute confidentiality statements for the sponsoring organization that they oversee.

(c) The peer review oversight committee shall consist of three individuals approved by the board who hold permits to practice under section 466-7 and who are currently in the practice of public accountancy at the partner or equivalent level. No member of the peer review oversight committee shall be a current member of the board, the Hawaii Society of Certified Public Accountants Peer Review or Professional Ethics Committees, or the American Institute of Certified Public Accountants Professional Ethics Executive Committee. In selecting committee members, the board shall consider, among other things, the prospective member's experience with attest engagements and the peer review rating of the prospective member's firm.

(d) The peer review oversight committee shall make an annual recommendation to the board as to the qualifications of an approved sponsoring organization to continue as an approved sponsoring organization on the basis of the results of the following procedures:

(1) Where the sponsoring organization is:

(A) The American Institute of Certified Public Accountants;

(B) A state certified public accountant society, including the Hawaii Society of Certified Public Accountants, fully involved in administering the American Institute of Certified Public Accountants peer review program; or

(C) The public company accounting oversight board,

the peer review oversight committee shall review the published reports of the entity or the entity's successor to determine whether there is an acceptable level of oversight; and

(2) Where the sponsoring organization is other than any organization listed in paragraph (1), the peer review oversight committee shall perform the following functions:

(A) At least one member of the peer review oversight committee shall attend at least one meeting of the sponsoring organization's peer review committee; and

(B) During these visits, the peer review oversight committee members shall:

(i) Meet with the organization's peer review committee during the committee's consideration of peer review documents;

(ii) Evaluate the organization's procedures for administering the peer review program;

(iii) Examine, on the basis of a random selection, a number of reviews performed by the organization to include, at a minimum, a review of the report on the peer review, the firm's response to the matters discussed, the sponsoring organization's letter of acceptance outlining any additional corrective or monitoring procedures, and the required technical documentation maintained by the sponsoring organization on the selected reviews; and

(iv) Expand the examination of peer review documents if significant deficiencies, problems, or inconsistencies are encountered during the analysis of the materials.

(e) In the evaluation of policies and procedures of sponsoring organization applicants, the peer review oversight committee shall:

(1) Examine the policies as drafted by the applicant to determine whether the policies provide reasonable assurance of conforming to the standards for peer reviews;

(2) Evaluate the procedures proposed by the applicant to determine whether:

(A) Assigned reviewers are appropriately qualified to perform the review for the specific firm;

(B) Reviewers are provided with appropriate materials;

(C) The applicant has provided for consultation with the reviewers on problems arising during the review and that specified occurrences requiring consultation are outlined;

(D) The applicant has provided for the assessment of the results of the review; and

(E) The applicant has provided for an independent report acceptance body that considers and accepts the reports of the review and requires corrective actions by firms with significant deficiencies; and

(3) Make recommendations to the board as to approval of the applicant as a sponsoring organization.

(f) Annually, the peer review oversight committee shall provide the board with a report on the continued reliability of sponsoring organizations' peer reviews. The peer review oversight committee report shall provide reasonable assurance that peer reviews are being conducted and reported on consistently and in accordance with the Standards for Performing and Reporting on Peer Review adopted by the American Institute of Certified Public Accountants. A summary of oversight visits shall be included with the annual report.

(g) The members of the peer review oversight committee shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, that are incurred in the performance of their duties.

(h) No member of the peer review oversight committee shall bear any civil liability for any action taken as a member of the peer review oversight committee in furtherance of the purposes for which the peer review oversight committee was established. [L 2012, c 324, pt of §1; am L 2016, c 145, §6; am L 2021, c 114, §1]
Haw. Rev. Stat. § 465-5 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-5
REPEALED.
Status: in_force

L 1992, c 202, §234.
Haw. Rev. Stat. § 457-1.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-1.5
Practice of nursing.
Status: in_force

[§457-1.5]Practice of nursing. (a) Nursing is a scientific process founded on a body of professional knowledge. It is a learned profession based on an understanding of the human condition across the lifespan of a client and the relationship of a client with others and within the environment. It is also an art dedicated to caring for others. The practice of nursing means assisting clients in attaining or maintaining optimal health, implementing a strategy of care to accomplish defined goals within the context of a client-centered health care plan, and evaluating responses to nursing care and treatment. Nursing is a dynamic discipline that is continually evolving to include more sophisticated knowledge, technologies, and client care activities. Nursing applies evidence-based practice to promote optimal client outcomes.

(b) The scope of nursing practices established in this chapter and by the rules of the board shall serve as general guidelines and are not intended to address the appropriateness of the use of specific procedures in any particular work setting or to grant permission to implement specific procedures in any particular work setting. [L 2010, c 57, pt of §2]
Haw. Rev. Stat. § 448H-7 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-7
Temporary permit.
Status: in_force

The board may issue a temporary permit to any person who has qualified as an elevator mechanic in another state with standards substantially equal to those of this chapter and who possesses skills or training not available in the State; provided that the board shall not register any such person as an apprentice elevator mechanic. The board shall, by rules and regulations, establish the terms of the temporary permit.
Haw. Rev. Stat. § 460J-30 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-30
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 466D-1 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-1
Definitions.
Status: in_force

For the purposes of this chapter:

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Licensed respiratory therapist" means a person:

(1) Who engages in the practice of respiratory care and uses the title of licensed respiratory therapist;

(2) Who has been issued a license under this chapter; and

(3) Whose license is in effect and not revoked, suspended, or encumbered.

"Practice of respiratory care" means providing assessment, therapy, management, rehabilitation, support services for diagnostic evaluation, education, and care for patients with deficiencies and abnormalities that affect the pulmonary system, including:

(1) Respiratory care services, including the administration of pharmacological, diagnostic, and therapeutic care related to respiratory care procedures necessary for treatment, disease prevention, rehabilitative, or diagnostic regimens prescribed by a physician or an osteopathic physician licensed pursuant to chapter 453, a physician assistant licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457;

(2) Observation and monitoring of signs, symptoms, reactions, and physical responses to respiratory care treatment and diagnostic testing;

(3) Diagnostic or therapeutic use of:

(A) Medical gases, excluding general anesthesia;

(B) Aerosols, humidification, environmental control systems, or invasive and non-invasive modalities;

(C) Pharmacological care related to respiratory care procedures;

(D) Mechanical or physiological ventilatory support, including maintenance of natural airways and insertion and maintenance of artificial airways;

(E) Cardiopulmonary resuscitation; and

(F) Respiratory protocol and evaluation or diagnostic and testing techniques required for implementation of respiratory care protocols; and

(4) The transcription and implementation of the written, verbal, and telecommunicated orders of a licensed physician, licensed osteopathic physician, licensed physician assistant, or licensed advanced practice registered nurse, pertaining to the practice of respiratory care.

"Qualified direction" means ready access by a respiratory therapist to a licensed physician, licensed osteopathic physician, licensed physician assistant, or licensed advanced practice registered nurse, who has specialty training or experience in the management of acute and chronic respiratory disorders and who is responsible for the quality, safety, and appropriateness of the respiratory services provided by the respiratory therapist. [L 2010, c 178, pt of §2; am L 2023, c 102, §2]
Haw. Rev. Stat. § 466-14 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-14
REPEALED.
Status: in_force

L 1992, c 202, §236.
Haw. Rev. Stat. § 445-114 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-114
Unlawful posting in public places.
Status: in_force

Except for a public officer in performance of a public duty, or a private person in giving legal notice on other than utility poles, it shall be unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamppost, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the State, except as may be required by the ordinances of the county where it is posted, or by the laws of this State or of the United States.
Haw. Rev. Stat. § 453-8.1 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8.1
Voluntary limitation of license.
Status: in_force

A physician, osteopathic physician, or surgeon may request, in writing, that the board limit the individual's license to practice. The board may grant the request and may impose conditions on the limited license. The board shall determine whether and when the limitation shall be removed.
Haw. Rev. Stat. § 468L-3 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-3
Powers and duties of the director.
Status: in_force

The director shall have the following powers and duties:

(1) To adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter;

(2) To issue and renew registrations pursuant to this chapter and to deny or refuse to renew for failure to comply with this chapter;

(3) To establish fees;

(4) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter;

(5) Suspend or revoke any registration for any violation of this chapter; and

(6) Inspect and audit the books and records of any travel agency as they pertain to the deposits to and withdrawals from the trust account. The travel agency shall immediately make available to the director such books and records as may be requested at the travel agency's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the travel agency. The director may contract with a consultant to inspect and audit the books and records of any travel agency, the cost of which shall be borne by the travel agency if a violation of this chapter is established. [L 1991, c 285, pt of §1]
Haw. Rev. Stat. § 466-5 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-5
License of certified public accountant.
Status: in_force

(a) A license and a permit are required to practice public accountancy. The board may license and grant the designation of "certified public accountant" to any person who has met the following:

(1) Attained eighteen years of age;

(2) Possesses a history of competence, trustworthiness, and fair dealing;

(3) Educational requirements of this section;

(4) Completed two years of professional experience meeting the requirements in subsection (d);

(5) Examination requirements of subsection (e); and

(6) Paid the appropriate fees and assessments.

(b) The educational requirement for a license shall include a baccalaureate degree conferred by a college or university recognized by the board with at least eighteen semester hours of upper division or graduate level accounting or auditing subjects as determined by rules adopted by the board pursuant to chapter 91, and:

(1) Completion of not less than thirty semester hours of study in addition to those semester hours required for a baccalaureate degree; provided that the content of the additional qualifying hours of study shall be determined by rules adopted by the board pursuant to chapter 91; or

(2) In lieu of the thirty semester hours described in paragraph (1), the applicant may demonstrate completion of an additional twelve months of professional experience in the practice of public accounting only; provided that this experience shall not be credited toward the experience requirements in subsection (a)(4).

(c) A person shall be exempt from the requirements in subsection (b) if that person:

(1) Holds a current license as a public accountant under section 466-6; or

(2) Holds, and has continued to hold, a valid comparable certificate, registration, or license of certified public accountant of another state for a period of not less than ten years preceding the date of the person's application under this section, and has been in active practice of public accountancy in one or more states for a period of not less than five years preceding the date of the application.

(d) Each applicant shall present satisfactory evidence in the form of a certified statement from present or former employer(s) that the applicant has completed the required professional experience in public accountancy practice as defined in section 466-3. Completion of experience in private or government accounting or auditing work, deemed by the board to be equivalent to professional experience in public accountancy practice as defined in section 466-3, may be substituted for all or part of the two years of professional experience in public accounting practice required in subsection (a)(4). The nature, variety, and depth of acceptable private or government accounting or auditing experience shall be defined by the board in its rules.

(e) The examination required to be passed for licensure shall test the applicant's knowledge of the subjects of accounting theory, accounting practice, auditing, and other related subjects as the board may specify by rule. The board shall prescribe the methods of applying for and conducting the examination, including methods for grading papers and determining a passing grade required by an applicant for a license; provided that the board shall, to the extent possible, see to it that the grading of the examination and the passing grades are uniform with those applicable in all other states. The board may use the Uniform Certified Public Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants, and may contract with third parties to perform the administrative services with respect to the examination as the board deems appropriate to assist it in performing its duties herein.

(f) The board may allow an applicant to sit for the Uniform Certified Public Accountant Examination, if the applicant has met at least one of the following:

(1) Baccalaureate degree in accounting conferred by a college or university acceptable to the board; or

(2) Baccalaureate degree with a major in a subject other than in accounting, plus eighteen semester hours of upper division or graduate level accounting or auditing subjects, conferred by a college or university acceptable to the board; or

(3) Baccalaureate degree or its equivalent in accounting, conferred by a college or university outside of the United States, and submission of a letter of acceptance from an accredited United States college or university to its advanced degree program or an educational equivalency report prepared by an evaluator approved by the board.

(g) The board shall prescribe the terms and conditions under which an applicant who has taken the examination prescribed in subsection (e), but who has not satisfactorily completed the examination, may be given credit for any part thereof that the applicant has satisfactorily completed. The board may also provide a specific length of time for an applicant to apply for reexamination.

(h) A person who passed the Uniform Certified Public Accountant Examination under the laws of another state may be exempted from taking the examination required pursuant to subsections (a)(5) and (e). The board shall prescribe the methods and requirements for exemption from examination requirements. The board shall prescribe the methods and requirements for exemption for the holder of a valid comparable certificate, registration, or license and a degree from a foreign country.

(i) A person who, on January 1, 1974, holds a license of certified public accountant issued under the laws of this State theretofore existing shall not be required to obtain an additional license of certified public accountant under this chapter, but shall otherwise be subject to all the provisions of this chapter; and the license theretofore issued shall, for all purposes, be considered a license issued under this chapter and subject to the provisions herein.

(j) Licenses shall be effective for a period not exceeding two years and shall be renewable biennially on or before December 31 of every odd-numbered year upon application to the board.

(k) The board may renew the license of a certified public accountant who completes a renewal application and fulfills the following requirements:

(1) Holds a valid and current license; and

(2) Paid appropriate fees and assessments.

(l) Failure to renew a license on or before December 31 of every odd-numbered year, shall constitute a forfeiture of license. Continued practice in public accountancy without renewing or restoring a license and permit shall constitute unlicensed activity. Any person engaged in unlicensed activity shall be subject to sections 466-9, 466-11, 487-13, and 26-9.

(m) The board shall specify the method and requirements of application for restoration of a forfeited license. The date of restoration of the license shall be the date of board approval of the restoration. Restorations shall not be retrospective. [L 1973, c 158, pt of §2; am L 1975, c 118, §30(1); am L 1979, c 124, §1; am L 1980, c 53, §1; am L 1983, c 295, §1; gen ch 1985; am L 1989, c 110, §6; am L 1997, c 35, §2, c 40, §19, and c 86, §2; am L 2003, c 129, §1; am L 2025, c 14, §2]
Haw. Rev. Stat. § 461-16 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-16
Fees for permits and licenses; renewal.
Status: in_force

(a) The board shall collect application, license, and permit fees for each permit to operate a pharmacy or for each license to operate as a wholesale prescription drug distributor and a fee for the issuance of a permit in accordance with section 461-15(a)(1), (5), (6) and (7).

(b) Permits issued under sections 461-14 and 461-15 and licenses issued under section 461-8.6 shall be conspicuously displayed in the place for which the permit or license was granted. The permits and licenses shall not be transferable, shall expire on December 31 of each odd-numbered year following the date of issuance, and shall be renewed biennially.

(c) The holder of an expired permit or an expired license to operate as a wholesale prescription drug distributor may have the same restored within three years of the date of expiration upon due application therefor and payment of the delinquent fees and a penalty fee; provided that in the case of an expired permit, the holder of the expired permit meets the requirements for the renewal of permits. [L 1949, c 175, pt of §1; am L 1953, c 76, §3; RL 1955, §71-16; am L 1961, c 142, §8(c), (d); HRS §461-16; am L 1975, c 118, §25(2); am L 1984, c 7, §66; am L 1986, c 143, §14; am L 1992, c 196, §6; am L 1993, c 259, §2; am L 2000, c 83, §8]
Haw. Rev. Stat. § 451J-8 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-8
Examination.
Status: in_force

(a) The department shall conduct an examination of licensing applicants at least once a year at a time and place designated by the department.

(b) The department shall administer the National Marriage and Family Therapy Exam in compliance with the Association of Marital and Family Therapy Regulatory Board standards.

(c) An applicant shall be held to have passed an examination by obtaining a passing score as determined by the director. [L 1998, c 159, pt of §2]
Haw. Rev. Stat. § 461-12 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-12
Adequate equipment.
Status: in_force

A pharmacy that compounds drugs shall be equipped with adequate pharmaceutical equipment to ensure the proper compounding of prescriptions. The board shall by rules prescribe the minimum of professional and technical equipment and reference materials that a pharmacy shall at all times possess.
Haw. Rev. Stat. § 440-2 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-2
Commission established.
Status: in_force

There shall be a board which shall be known as the state boxing commission of Hawaii. The commission shall consist of five members. At least one of the members shall be a member of USA Boxing, Inc. One member shall be designated by the governor as chairperson of the commission.
Haw. Rev. Stat. § 459 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459
‑7.
Status: in_force

§459‑7.4 Therapeutically certified optometrists; scope; qualifications. (a) The use and prescription of therapeutic pharmaceutical agents as established by the board for the treatment and management of conditions of the anterior segment of the human eye, eyelids, and lacrimal system, and the non-invasive surface removal of superficial foreign bodies from the anterior segment of the human eye and eyelids is authorized only for an optometrist licensed under this chapter who meets the requirements of a therapeutically certified optometrist as authorized in this section. A therapeutically certified optometrist may use or prescribe steroidal agents. A therapeutically certified optometrist shall not administer injectable agents except for anaphylaxis. Performing any invasive surgery shall not be allowed. Therapeutic pharmaceutical agents shall not include any of the controlled substances enumerated in sections 329‑14, 329‑16, 329‑18, 329‑20, and 329‑22.

(b) The board shall grant recognition as a therapeutically certified optometrist; provided the optometrist has:

(1) A current, unencumbered license as an optometrist in this State;

(2) Completed a one hundred hour board-approved course in the treatment and management of ocular diseases;

(3) Passed the National Board of Examiners in Optometry Treatment and Management of Ocular Disease examination;

(4) Completed one hundred hours of preceptorship under the supervision of an ophthalmologist. The supervising ophthalmologist shall certify completion of the one hundred hours of hands-on experience and the competency of the optometrist to prescribe, dispense, and administer therapeutic pharmaceutical agents on a form and format prescribed by the board; provided that the preceptorship shall include training in diagnosis, treatment, and management of ocular disease; and

(5) The therapeutically certified optometrist shall renew the certification with the biennial renewal of license and submit proof of satisfying thirty-six hours of continuing education in the diagnosis, treatment, and management of ocular and systemic diseases. Completion of the thirty-six hours in the diagnosis, treatment, and management of ocular and systemic diseases shall fulfill the continuing education requirements pursuant to section 459-7 and this section. [L 1996, c 292, §1; am L 1997, c 335, §§4, 5; am L 2002, c 164, §4; am L 2004, c 46, §3]§459‑1 Optometry; practice of, defined. (a) The practice of optometry, for the purpose of this chapter, is defined to be:

(1) The examination, diagnosis, treatment, and management of diseases and disorders of the human visual system, the eye, and the eyelids;

(2) The employment of trial frame or trial lenses, and any objective or subjective means or methods, other than the use of surgery, including refractive or therapeutic laser surgery, but including the use and prescription of pharmaceutical agents, as established by the board, and the performance of non-invasive diagnostic procedures or ordering of laboratory tests related to the use of pharmaceutical agents for the purpose of examining, diagnosing, treating, and managing visual, muscular, or other diseases and disorders of the human visual system, the eye, and the eyelids; or

(3) The prescribing, fitting, or adaptation of any ophthalmic lenses, contact lenses, prisms, frames, mountings, or orthoptic exercises for the correction or relief of the visual or muscular anomalies of the human eye.

Superficial foreign bodies may be removed from the human eye and eyelids, including the removal of corneal superficial foreign bodies above Bowman's Layer.

(b) Any person who engages in the prescribing of visual training, with or without the use of scientific instruments to train the visual system or other abnormal condition of the eyes, or claims to be able to do so, shall be deemed to be engaged in the practice of optometry and shall first secure and hold an unrevoked and unsuspended license as provided in this chapter; provided that an orthoptist may give visual training, including exercises, under the supervision of a physician or optometrist. The use and prescription of pharmaceutical agents and the removal of superficial foreign bodies from the human eye and eyelid shall be granted to an optometrist licensed under this chapter who has met the requirements under sections 459‑7 and 459-7.4.

(c) If while examining or treating a patient a licensed optometrist finds, by history or examination, any ocular abnormality or any evidence of systemic disease requiring further diagnosis and possible treatment beyond the scope of practice as defined in this section, the optometrist shall refer that patient to an appropriate licensed physician. [L 1917, c 187, §1; RL 1925, §1112; RL 1935, §1370; RL 1945, §2801; am L 1949, c 58, §1(1); RL 1955, §68-1; HRS §459-1; am L 1985, c 224, §1 and c 294, §2; am L 1997, c 335, §2; am L 2002, c 164, §3; am L 2004, c 46, §2]
Haw. Rev. Stat. § 436H — HI Code / Division 2 / Title 25 / Chapter 436H / Section 436H
[ §436H -4] Registration required.
Status: in_force

[ §436H -4] Registration required . No person shall engage in the practice of athletic training or represent, advertise, or announce oneself, either publicly or privately, as an athletic trainer, nor use in connection with the person's name or place of business the words "registered athletic trainer", "athletic trainer", "ATC", or any other words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer unless the person meets the qualifications established by this chapter and has registered with the department.[ §436H -12] Grounds for denial of registration; revocation and suspension of registration. In addition to any other acts or conditions provided by law, the director may deny or refuse to renew, revoke, suspend, restrict, fine, reprimand, censure, condition, or place the registration of any athletic trainer on probation when the athletic trainer:

(1) Fails to meet the requirements for registration as provided in this chapter;

(2) Has a registration or license or certification as an athletic trainer conditioned, suspended, revoked, or denied, or has been refused renewal of registration or license or certification as an athletic trainer;

(3) Makes a materially false, misleading, deceptive, or fraudulent representation or material omission in the application for registration, including any renewal application;

(4) Fails to satisfy a civil fine or penalty arising out of any administrative or enforcement action for violation of any state's athletic trainer laws or rules;

(5) Has a license or registration revoked, suspended or otherwise disciplined by any state or federal agency for any reason that is provided by the applicable laws or rules or by this section;

(6) Engages in the practice of athletic training while impaired by alcohol or drugs;

(7) Engages in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of athletic training;

(8) Engages in conduct or a practice contrary to the recognized standards of ethics and professional responsibility as adopted by the National Athletic Trainers Association or the Board of Certification, Inc.;

(9) Has been convicted or pleaded nolo contendere to a crime directly related to the qualifications, functions, or duties of the practice of athletic training;

(10) Fails to report in writing to the director any disciplinary action taken against the registrant or applicant in another jurisdiction, including the Board of Certification, Inc., within thirty days of the disciplinary action; provided, however, that the registrant actually knows of the disciplinary action; and

(11) Violates this chapter, chapter 436B, or any rule or order of the director. [L 2012, c 198, pt of §2][ §436H -7] Duties of treating physician. A treating physician shall provide direction to an athletic trainer by verbal order when in the presence of the athletic trainer or by written order or written athletic training service plans or protocols when a treating physician is not present with the athletic trainer.[ §436H -5] Exemptions. This chapter is not intended to restrict the practice of other licensed healthcare providers practicing within their own recognized scopes of practice and shall not apply to:

(1) An individual who possesses a valid license issued under chapter 453 , 457G, or 461J who, when acting within the scope of practice allowable under the individual's license, performs the same or similar functions as an individual registered pursuant to this chapter;

(2) Students in an educational program for athletic trainers who participate in activities conducted as part of the educational program under the supervision and guidance of a registered athletic trainer registered under this chapter;

(3) An individual serving in the armed forces of the United States, the United States Public Health Service, the Department of Veterans Affairs, or any other federal agency who engages in activities regulated under this chapter as a part of the individual's employment;

(4) An individual who is invited to conduct a lecture, clinic, or demonstration regarding the practice of athletic training by a school, professional association, professional society, or other similar entity approved by the department by rule pursuant to chapter 91; provided that the individual does not establish a place of business or regularly engage in the practice of athletic training within the State;

(5) An individual who possesses a valid license, registration, or certification from another jurisdiction who accompanies an athlete or team of athletes into this State for a temporary period; provided that the individual shall only attend to the needs of that athlete or team of athletes and those persons who travel with that athletic group or team in a capacity other than as a spectator;

(6) An individual who possesses a valid license, registration, or certification from another jurisdiction who is invited to engage in the practice of athletic training under the supervision and control of a sponsoring entity for a limited time and solely for a special event; or

(7) An individual who is an athletic trainer and a patient to himself or herself or gratuitous athletic training by a friend or family member who does not represent himself or herself to be an athletic trainer.

Nothing in this chapter shall be construed to limit or prohibit the administration of routine assistance or first aid by a person who is not a registered athletic trainer for injuries or illnesses sustained at an athletic event or program. [L 2012, c 198, pt of §2][ §436H -14] Civil penalties. Any person who violates any provision of this chapter or the rules of the department adopted pursuant to this chapter shall be fined not more than $1,000 and each day's violation or failure to comply shall be deemed a separate offense.

Unless otherwise expressly provided, the remedies or penalties provided in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 2012, c 198, pt of §2][ §436H -10] Fees; disposition. Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director shall establish registration, renewal, restoration, and other fees and penalties relating to the administration of this chapter. Fees and penalties assessed pursuant to this chapter shall be used to defray costs incurred by the department in implementing this chapter.[ §436H -13] Registration indicates permission to engage in the practice of athletic training. A current registration granted under this chapter shall mean that the registered person has met requirements that include minimum practice standards to provide protection to the public and is permitted to use the title of athletic trainer and to engage in the practice of athletic training, subject to any applicable registration restrictions or conditions. In the granting of permission to engage in the practice of athletic training, and consistent with the intent of chapter 436B, the definition of "license" under section 436B-2 is inclusive of a registration issued under this chapter; therefore, an athletic trainer who is registered under this chapter shall be regarded as an athletic trainer who holds a license to practice the profession of athletic training.[ §436H -3] Athletic trainer program. There is established an athletic trainer program within the department to be administered by the director.[ §436H -11] Renewal of registration; fees. Registrations shall be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30. Failure to renew a registration shall result in a forfeiture of the registration. Registrations that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a registration within one year of the date of its expiration shall result in the automatic termination of the registration and the person may be required to reapply for registration as a new applicant. All renewal and restoration fees shall be determined by the director.[ §436H -15] Rules. The director may adopt rules pursuant to chapter 91, including rules to establish fees or fines as may be necessary, to effectuate the purpose and to enforce the requirements of this chapter.[ §436H -8] Requirements to maintain registration. (a) An athletic trainer shall have and maintain current and active status certification from the Board of Certification, Inc., as a condition of registration. Failure, refusal, or neglect of any registrant to maintain in full force and effect, a current and active status certification shall cause the automatic forfeiture of the registration of the athletic trainer, effective as of the date of the change of the registrant's certification status.

(b) The department shall not restore the forfeited license until satisfactory proof of the active status of the certification is submitted to the department. The department may assess a fee not to exceed $1,000 or restrict or place conditions on the registration as a condition of a restoration of a forfeited registration.

(c) The registrant may, within sixty days after receipt of the notification of the forfeiture, request an administrative hearing to review the forfeiture pursuant to chapter 91. [L 2012, c 198, pt of §2][ §436H -6] Registration requirements. (a) Commencing January1, 2013, athletic trainers shall:

(1) Register with the department by providing the athletic trainer's name, business address, a current, active, and unencumbered certification from the Board of Certification, Inc., including the certification number, and information on any complaints filed against the athletic trainer with the Board of Certification, Inc., or with any state agency that regulates athletic trainers, including the status and disposition of all complaints;

(2) Have completed the educational and certification requirements of the Board of Certification, Inc.;

(3) Renew the athletic trainer's registration every three years by providing the information required by paragraph (1); and

(4) Notify the department of any changes in registration information within thirty days of the change.

(b) The department shall maintain a current list of the names and business addresses of athletic trainers registered under subsection (a).

(c) Records of a registrant's certification from the Board of Certification, Inc., shall be public records. [L 2012, c 198, pt of §2][ §436H -9] Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

(1) Adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter;

(2) Issue and renew registrations pursuant to this chapter and deny or refuse to renew registrations for failure to comply with this chapter;

(3) Suspend or revoke any registration for any violation of this chapter, chapter 436B, or for any violation of rules adopted by the director pursuant to this chapter;

(4) Establish fees; and

(5) Administer, coordinate, and enforce this chapter. [L 2012, c 198, pt of §2]
Haw. Rev. Stat. § 460J-15 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-15
Revocation, suspension, and refusal of renewal of licenses; prohibition against certain offenses, etc.
Status: in_force

(a) In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew any license issued hereunder, for any cause authorized by law, including but not limited to the following:

(1) Departure from, or disregard of, plans or specifications in the performance of pest control work in any material respect, without consent of the owner or the owner's authorized representative;

(2) Violation of any law or rule of the State or any county relating to building, pesticide use, safety, or labor, where the law or rule has a rational relationship to the qualifications, functions, duties, or responsibilities of the pest control operator, including but not limited to a violation of the Hawaii pesticides law;

(3) Misrepresentation of a material fact by the applicant in obtaining a license;

(4) Failure on the part of a licensee to complete any operation for the price stated in the contract or in any agreed upon modification to the contract;

(5) Failure to comply with this chapter, or any rule adopted by the board, or the furnishing of a report of inspection without the making of a bona fide inspection of the premises for termites;

(6) The commission of any grossly negligent or fraudulent act by the licensee as an operator;

(7) The negligent handling or use of any poisonous exterminating agent without regard to public safety;

(8) Fraud or misrepresentation, after inspection, by any licensee engaged in pest control work relating to any infestation or infection of termites found in property or structures, or respecting any conditions of the structure that would ordinarily subject structures to attack by termites whether or not a report was made pursuant to sections 460J-19 and 460J-20;

(9) Failure of an operator to make and keep all inspection reports, contracts, documents, and records, other than financial records, for a period of not less than two years after completion of any work or operation for the control of termites;

(10) Wilful failure to pay when due a debt incurred for services or materials rendered or purchased in connection with the operator's operations as an operator when the operator has the ability to pay or when the operator has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;

(11) The false denial of any debt due or the validity of the claim therefor with intent to secure for the licensee, the licensee's employer, or other person, any discount of the debt or with intent to hinder, delay, or defraud the person to whom the debt is due;

(12) Failure to secure or maintain liability insurance or workers' compensation insurance when not authorized to act as a self-insurer under chapter 386, or when not excluded from the requirements of chapter 386; or

(13) Knowingly entering into a contract with an unlicensed operator involving work or activity for the performance of which licensing is required under this chapter.

(b) During a period of disciplinary sanction, a person shall be prohibited from serving as an officer, director, associate, partner, or responsible managing employee of a licensee under the following circumstances:

(1) The person's license has been revoked and the person has not been granted a new license;

(2) The person's license is under suspension; or

(3) The person has been a member, officer, director, associate, or responsible managing employee of any partnership, corporation, firm, or association whose license is revoked or is under suspension, and while acting as such a member, officer, director, associate, or responsible managing employee, the person had knowledge of or participated in any of the prohibited acts for which the license was suspended or revoked. [L 1972, c 134, pt of §1; am L 1974, c 205, §2(21); am L 1975, c 41, §1; am L 1980, c 125, §1; gen ch 1985; am L 1992, c 202, §133; am L 1993, c 74, §5; am L 1997, c 84, §5; am L 2004, c 7, §1 and c 175, §3]
Haw. Rev. Stat. § 448-29 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-29
[ §448-29] Administration of general anesthesia and sedation; requirements.
Status: in_force

[ §448-29] Administration of general anesthesia and sedation; requirements. (a) A licensed dentist shall administer general anesthesia and sedation consistent with the current guidelines and recommendations of the American Dental Association Guidelines for the Use Of Sedation and General Anesthesia by Dentists; provided that for pediatric patients, a licensed dentist shall follow the American Academy of Pediatrics and American Academy of Pediatric Dentistry Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.

(b) No licensed dentist shall administer or employ another person, such as a physician or nurse anesthetist, who is otherwise qualified in this State to administer general anesthesia, deep sedation, or moderate (conscious) sedation for dental patients, unless the licensed dentist possesses a written authorization or permit from the board.

(c) A licensed dentist intending to produce a given level of sedation shall have the capability to rescue patients whose level of sedation becomes deeper than initially intended.

(d) Prior to receiving a written authorization or permit from the board to administer general anesthesia, deep sedation, or moderate (conscious) sedation, a licensed dentist shall apply to the board, pay an application fee, and submit the following:

(1) Proof of completion of the following educational training requirements:

(A) For general anesthesia and deep sedation:

(i) The applicant has completed an advanced dental education program, accredited by the Commission on Dental Accreditation and approved by the board, that provides comprehensive training necessary to administer deep sedation or general anesthesia and includes documented proficiency in Basic Life Support for Healthcare Providers and Advanced Cardiac Life Support or Pediatric Advanced Life Support as required pursuant to rules adopted by the board; and

(ii) Evidence of the comprehensive training required under clause (i) includes but is not limited to: being a diplomate of the American Board of Oral and Maxillofacial Surgery; a fellow or member of the American Association of Oral and Maxillofacial Surgeons; or completion of an American Dental Association-accredited residency in Oral and Maxillofacial Surgery or Dental Anesthesiology, and practicing in compliance with that training;

(B) For moderate (conscious) sedation:

(i) The applicant has completed a comprehensive training program at the postgraduate level that meets the moderate (conscious) sedation program objectives and content as outlined in the current American Dental Association Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students; and

(ii) The training program required under clause (i) shall be a minimum of sixty hours of instruction, include supervised management of at least twenty moderate (conscious) sedation patients with clinical experience in managing the compromised airway and establishment of intravenous access, and provide current documented proficiency in Basic Life Support for Healthcare Providers and Advanced Cardiac Life Support or Pediatric Advanced Life Support as required pursuant to rules adopted by the board; and

(C) A dentist administering general anesthesia or moderate sedation shall be required to complete the Advanced Cardiac Life Support course or, if treating pediatric patients, the Pediatric Advanced Life Support course; provided that both courses shall be completed if the dentist is treating pediatric patients and minors thirteen years or older;

(2) In lieu of the requirements of paragraph (1)(A) and (B), proof that the licensed dentist employs or works in conjunction with a physician who specializes in anesthesiology and is licensed pursuant to chapter 453, or a certified registered nurse anesthetist, who holds a license in good standing pursuant to chapter 457; provided that the physician who specializes in anesthesiology or certified registered nurse anesthetist shall remain on the premises of the dental facility until the patient is fully recovered and discharged from the facility; and

(3) Proof of the following facility and staff requirements: The applicant has a properly equipped facility for the administration of general anesthesia, deep sedation, or moderate (conscious) sedation staffed with a supervised team of auxiliary personnel capable of reasonably handling anesthesia procedures, problems, and emergencies incident to the administration of general anesthesia, deep sedation, or moderate (conscious) sedation; provided that the current version of the American Dental Association's Guidelines for the Use of Sedation and General Anesthesia by Dentists and the most current edition of the American Association of Oral and Maxillofacial Surgeons' Office Anesthesia Evaluation Manual are referenced as minimum standards of care; provided further that adequacy of the facility and competence of the anesthesia team may be determined by the consultants appointed by the board pursuant to section 448-30(a), and as provided in rules adopted by the board.

(e) A licensed dentist who has received a written authorization or permit pursuant to this section to administer or employ a qualified person to administer general anesthesia, deep sedation, or moderate (conscious) sedation shall renew the authorization or permit biennially and pay a biennial fee. As a condition of renewal, the licensed dentist shall show proof of the dentist's written authorization or permit issued pursuant to this section and resuscitation plan.

(f) The board may, at any time, reevaluate the credentials, facilities, equipment, personnel, and procedures of a licensed dentist who has previously received a written authorization or permit from the board to determine if the dentist is still qualified to have a written authorization or permit. If the board determines that the licensed dentist is no longer qualified to have a written authorization or permit, it may revoke or refuse to renew the authorization or permit, after an opportunity for a hearing is given to the licensed dentist. [L 2017, c 106, pt of §2]
Haw. Rev. Stat. § 449 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449
‑6 Application for license.
Status: in_force

§449‑6 Application for license. (a) Any corporation desiring to be licensed as an escrow depository shall submit an application in writing and in a form prescribed by NMLS or by the commissioner. The application shall be accompanied by a filing fee no part of which shall be refundable.

(b) The application shall contain the following:

(1) The corporate name, amount of capital, and office address of the applicant;

(2) The names of the stockholders, officers, and directors of the applicant;

(3) Evidence of the character, financial responsibility, experience, and ability of the officers and directors;

(4) The names of the proposed escrow officers and their qualifications;

(5) T he history of the applicant's material litigation and criminal convictions for the five-year period prior to the date of the application;

(6) Information and authorizations necessary to conduct a criminal history record check in accordance with section 846-2.7 of each of the applicant's controlling persons, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure, accompanied by the appropriate payment of the applicable fee for each record check; and

(7) Any other information the commissioner deems necessary to participate in NMLS. [L 1967, c 144, pt of §1; HRS §449-6; am L 1985, c 269, §50; am L 1992, c 205, §6; am L 2016, c 224, §3]§449‑8 Issuance and renewal of license. After approval of the application, and payment of the license fee, the commissioner shall issue to the applicant a license to act as an escrow depository. The license shall be effective only upon the applicant's filing with the commissioner an escrow depository's bond and evidence that fidelity bonds and errors and omissions insurance, or cash or securities deposits permitted in lieu thereof, have been obtained, all as provided in sections 449‑9, 449‑11, and 449‑12. The license shall be renewed annually, as of December 31, upon payment of the annual renewal fee and the finding of the commissioner, from the information contained in the annual corporate exhibit of the licensee or investigation or hearing, that the licensee continues to meet the qualifications for licensing and has continued in force the bonds and insurance or the cash or securities deposits permitted in lieu thereof.
Haw. Rev. Stat. § 467E-7.5 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-7.5
Reciprocity and endorsement.
Status: in_force

(a) The director may enter into reciprocity agreements with other states and issue a license to a social worker who has been licensed in that state; provided that the requirements for a license in the state in which the applicant is licensed are deemed by the director to be equal to or greater than the current requirements for a license in this State.

(b) The director may also issue a license by endorsement by honoring a passing score on the examination of the Association of Social Work Boards; provided that at a minimum, the applicant meets the other requirements under sections 467E-7 and 467E-9, and the passing score is from the examination category that is required for licensure in this State and the other state uses for its license. [L 2000, c 225, §1; am L 2002, c 167, §12]
Haw. Rev. Stat. § 444-25.7 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-25.7
Roofing contractors guarantee bond.
Status: in_force

(a) Every contract executed for the purpose of constructing, repairing or improving a roof covering, which contract states a guarantee for workmanship for a period in excess of seven years, shall be accompanied by a bond, executed by the licensee as principal and by a surety company authorized to do business in the State as a surety, for the replacement value of such roof covering; provided that no surety company shall be compelled to issue a bond for any guarantee pursuant to a contract under this section which it would not ordinarily bond or consider to be a bondable project.

(b) Such bond shall be for the exclusive benefit of, and be limited to, an owner or lessee of a private residence, including a condominium or cooperative unit, who has contracted with a duly licensed contractor for the construction of a roof covering to the owner's or lessee's own private residence and who has filed an appropriate claim for the replacement value of a roof covering which has become faulty or defective within the stated guarantee period.

(c) The surety bond shall be continuous in form and the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force.

(d) Any claim or subsequent action to make a claim against the bond shall be brought not later than one year after the expiration of the guarantee period for which the bond has been provided. Claims against the bond, as provided in this section, shall not in any way supersede or prevent claims made under section 444-26 or any other appropriate statute or law.

(e) Every contractor licensed to perform under this chapter shall, prior to entering into a contract covered by this section, provide to the owner appropriate information to evidence the existence of the bond and its conditions in writing.

(f) Bonds required under this section shall be in addition to any other bond required by this chapter or any other bond required or executed between a contractor and an owner or other contracting agency.

(g) Any violation by any contractor of any provision of this section or failure to maintain in full force and effect any bond required by this section, shall be deemed to be an unfair and deceptive act or practice. [L 1980, c 289, §1; gen ch 1985]
Haw. Rev. Stat. § 465-7.5 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-7.5
Foreign graduates.
Status: in_force

An applicant trained in an institution other than an institution of higher education as defined in this chapter must demonstrate to the satisfaction of the board that the applicant possesses a doctoral degree in psychology, the requirements for which are substantially similar to the requirements for a doctoral degree in professional psychology as required in this chapter. The board shall consider the certification of the graduate division of the University of Hawaii that the degree from the foreign university is equivalent to a doctoral degree granted from an institution of higher education as defined in this chapter.
Haw. Rev. Stat. § 437B-14 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-14
Return of replaced parts; exceptions.
Status: in_force

Upon request of the customer at the time the work order is taken, the motor vehicle repair dealer, mechanic, or apprentice shall return replaced parts to the customer at the time of the completion of the work excepting such parts as may be exempt because of size, weight, or other similar factors from this requirement by rule of the board and excepting such parts as the motor vehicle repair dealer, mechanic, or apprentice is required to return to the manufacturer or distributor under a warranty arrangement. If the parts must be returned to the manufacturer or distributor, the dealer, mechanic, or apprentice at the time the work order is taken shall offer to show, and upon acceptance of the offer, shall show the parts to the customer upon completion of the work, except that the dealer shall not be required to show a replaced part when no charge is being made for the replacement part.
Haw. Rev. Stat. § 448B-3 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-3
Powers and duties of the director.
Status: in_force

In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:

(1) Examine and approve the qualifications of all applicants under this chapter and issue a license to each successful applicant granting permission to use the title of "licensed dietitian" or "dietitian" in this State pursuant to this chapter and the rules adopted pursuant thereto;

(2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;

(3) Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;

(4) Discipline a licensed dietitian for any cause described by this chapter or for any violation of the rules, and refuse to license a person for failure to meet licensure requirements or for any cause that would be grounds for disciplining a licensed dietitian; and

(5) Appoint an advisory committee consisting of licensed dietitians to assist with the implementation of this chapter and the rules adopted pursuant thereto. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 443B-21 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-21
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 459-11 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-11
REPEALED.
Status: in_force

L 1992, c 202, §220.
Haw. Rev. Stat. § 440E-4 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-4
Powers and duties of the director.
Status: in_force

(a) In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:

(1) To adopt, amend, or repeal rules and forms necessary to effectuate this chapter. All rules shall be adopted pursuant to chapter 91 and shall have the force and effect of law. The rules may include, but not be limited to the following:

(A) An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, holds, or gives a mixed martial arts contest;

(B) A public record accounting for the distribution of all tickets provided to the director by a promoter and anything else of value that is provided to the director;

(C) Clinics or seminars on health and safety for licensees deemed necessary by the director;

(D) Criteria for a mandatory neurological and eye examination of any mixed martial arts contestant;

(E) Criteria for and duration of an automatic medical suspension from mixed martial arts contests;

(F) Procedures to evaluate the professional records and physician's certification of each mixed martial arts contestant participating in a mixed martial arts contest in the State and to deny authorization to a mixed martial arts contestant to fight when the requirements of this chapter are not met;

(G) Procedures to ensure that no mixed martial arts contestant is permitted to compete while under suspension from any entity that regulates mixed martial arts due to:

(i) A recent knockout or series of consecutive losses;

(ii) An injury, any required medical procedure, or a physician's denial of certification to compete;

(iii) Failure of any drug test; or

(iv) The use of false aliases or falsifying or attempting to falsify official identification cards or documents relating to mixed martial arts contests;

(H) Procedures to review a suspension if appealed by a mixed martial arts contestant, including an opportunity for the contestant to present contradictory evidence;

(I) Procedures to revoke a suspension if a mixed martial arts contestant furnishes proof of sufficiently improved medical or physical condition or furnishes proof that the suspension was not, or is no longer, warranted by the facts; and

(J) Procedures to require updated medical and criminal background checks prior to a contest and at license renewal;

(2) To enforce this chapter and the rules adopted pursuant thereto;

(3) To discipline a person or entity who violates this chapter or the rules adopted pursuant thereto; and

(4) To appoint an advisory committee to assist with the implementation of this chapter and the rules adopted pursuant thereto.

(b) The director may either establish a mixed martial arts registry or data bank on mixed martial arts contestants or use an established registry or data bank that is approved by the director, and issue license cards to mixed martial arts contestants. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 468E-16.5 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-16.5
Cumulative remedies or penalties.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws in this State.
Haw. Rev. Stat. § 461J-12 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-12
Revocation, suspension, probation of license.
Status: in_force

(a) In addition to any other actions authorized by law, any license issued under this chapter may be revoked or suspended by the board at any time for any cause authorized by law, including but not limited to the following:

(1) Obtaining a fee on the assurance that a manifestly incurable disease can be permanently cured;

(2) Wilfully betraying patient confidentiality;

(3) Making an untruthful and improbable statement in advertising one's practice or business;

(4) False, fraudulent, or deceptive advertising;

(5) Being habituated to the excessive use of drugs or alcohol or being or having been addicted to, dependent on, or a habitual user of, a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;

(6) Practicing physical therapy while the ability to practice is impaired by alcohol, drugs, or mental instability;

(7) Procuring a license through fraud, misrepresentation, or deceit, or knowingly permitting an unlicensed person to practice physical therapy;

(8) Professional misconduct, gross carelessness, or manifest incapacity in the practice of physical therapy;

(9) Conduct or practice contrary to the ethics of the profession of physical therapy in the United States;

(10) Violation of the conditions or limitations upon which a temporary license is issued or an exemption is granted; or

(11) Violation of this chapter or the rules adopted pursuant thereto.

(b) To reinstate a suspended license, or to grant licensure to an applicant whose license was previously revoked, the board may require further education or training or require proof of competence in performance.

(c) In lieu of revoking or suspending a license, the board may place the licensee on probation, the terms of which may require observation of the licensee by an appropriate group or society of physical therapists. [L 1985, c 276, pt of §1; am L 1992, c 202, §143; am L 1995, c 123, §2]
Haw. Rev. Stat. § 457-9 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-9
Renewal of license; inactivation and reactivation of license; restoration of forfeited license.
Status: in_force

(a) The license of every person licensed or granted prescriptive authority shall expire on June 30 of every odd-numbered year and shall be renewed biennially, except as provided in this section. Biennially in each odd-numbered year, the board shall make available an application for renewal of license before the deadline set forth by the board to every person to whom a license was issued or renewed during the biennium. The applicant shall complete the application and submit it to the board with a renewal fee, and shall also submit, beginning with the July 1, 2019, licensing biennium, a full set of electronic fingerprints for the purpose of obtaining federal and state criminal history record checks in accordance with section 846-2.7 directly to the Hawaii criminal justice data center for processing with the Federal Bureau of Investigation. The applicant shall bear the cost of the fingerprint processing and the application shall not be considered complete until the results of the criminal history record check has been received by the board; and all required documents on or before the deadline set by the board. The applicant shall provide documents from proper agencies or parties of any criminal conviction or any disciplinary action taken or pending in this State or any other state in the United States or any territory or possession under the jurisdiction of the United States within the two years prior to application for renewal of license. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the biennium expiring two years hence on the deadline set by the board. The renewal shall render the holder thereof a legal practitioner of nursing for the period stated on the renewal form.

(b) Any licensee who fails to renew a license as provided in subsection (a) but continues to practice shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter. The failure to timely renew a license, the failure to pay all applicable fees, the dishonoring of any check upon first deposit, or the failure to comply with any other requirement provided by law shall cause the license to be automatically forfeited; provided that the person's license may be restored by the board within two years after the date of forfeiture upon compliance with the licensing renewal fees, penalty fees, and compliance resolution fund fees.

A nurse who does not intend to practice nursing in the State and elects to be placed on inactive status shall so indicate in writing during the license renewal period or by so indicating on the license renewal application, and paying inactivation and all appropriate fees. Should the nurse wish to resume nursing at some future time, the nurse shall notify the board in writing and remit the reactivation and renewal fees; submit an application form as provided in subsection (a); and beginning with the July 1, 2019, licensing biennium, submit a full set of electronic fingerprints for the purpose of obtaining federal and state criminal history record checks in accordance with section 846-2.7 directly to the Hawaii criminal justice data center for processing with the Federal Bureau of Investigation. The applicant shall bear the cost of the fingerprint processing and the application shall not be considered complete until the results of the criminal history record check has been received by the board. A nurse who has not actively practiced in this State or any other state in the United States or any territory or possession under the jurisdiction of the United States for more than five years may be required by the board to submit proof of continued competency by retaking and passing the licensing examination or successfully completing appropriate continuing education recognized by the board. [L 1970, c 71, pt of §1; am L 1974, c 26, §1; am L 1975, c 118, §19; am L 1983, c 119, §7; am L 1984, c 7, §47; am L 1992, c 202, §110 and c 234, §3; am L 2002, c 226, §7; am L 2003, c 133, §11; am L 2004, c 88, §6; am L 2006, c 30, §1; am L 2014, c 46, §8; am L 2016, c 97, §6; am L 2019, c 279, §6]
Haw. Rev. Stat. § 441-22.6 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-22.6
Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.
Status: in_force

(a) Each mortuary, cemetery, or pre-need funeral authority shall provide to every prospective purchaser, for written approval, a current price list, which shall contain separately stated prices for each type of property, service, or item which is a part of the cemetery property, interment, or funeral services and related commodities which the mortuary, cemetery, or pre-need funeral authority offers, including the price for services directly related to the transfer of ownership rights. Pursuant to section 441-22.7, no further additional charges or fees shall be added to the price list for perpetual care subsequent to the execution of the contract for any purpose and on any occasion.

(b) The mortuary, cemetery, or pre-need funeral authority may use the format for a price list as established by the rules adopted by the director. [L 1980, c 23, pt of §1; am L 1985, c 101, §8; am L 1998, c 232, §3]
Haw. Rev. Stat. § 452-25 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-25
Right of injunction.
Status: in_force

The department of commerce and consumer affairs, in addition to any other remedies available, may apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter.
Haw. Rev. Stat. § 437B-21 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-21
Civil action.
Status: in_force

Nothing in this chapter shall prohibit the bringing of a civil action against a motor vehicle repair dealer, mechanic, or apprentice by an individual.
Haw. Rev. Stat. § 461-10.2 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-10.2
[ §461-10.
Status: in_force

[ §461-10.2] Return for disposal of unused, remaining, or expired drugs; pharmacy options. (a) No pharmacy shall accept the return of any prescription drug unless:

(1) The pharmacy is collecting the prescription drug for disposal only; and

(2) The pharmacy is registered with the United States Drug Enforcement Administration as an authorized collector pursuant to title 21 Code of Federal Regulations section 1317.40.

(b) No prescription drug returned to the pharmacy for disposal shall be redispensed or returned for cash or credit.

(c) Any pharmacy accepting prescription drugs for disposal shall use the following methods:

(1) Secured collection receptacles in compliance with title 21 Code of Federal Regulations section 1317.75; or

(2) Mail-back programs.

(d) In any pharmacy accepting prescription drugs for disposal under this section, the pharmacist-in-charge shall ensure that only Drug Enforcement Administration approved reverse distributors acquire prescription drugs collected through collection receptacles and mail-back programs. [L 2019, c 183, §2]
Haw. Rev. Stat. § 452-11 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-11
Assistance to board.
Status: in_force

The board may call to its aid any person or persons of established reputation and known ability in their profession, for the purpose of conducting examinations, inspection, and investigations of all persons affected by this chapter.
Haw. Rev. Stat. § 447-4 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-4
Revocation of dentist's license.
Status: in_force

The board of dentistry may revoke the license of any dentist who permits any dental hygienist employed by or working under the dentist's supervision to perform any dental operation other than that permitted under this chapter.
Haw. Rev. Stat. § 465D-3 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-3
Behavior analyst program; established; personnel.
Status: in_force

(a) Notwithstanding any other law, there is established a behavior analyst program within the department to be administered by the director.

(b) The department may employ necessary personnel without regard to chapter 76 to assist with the implementation and continuing functions of this chapter. [L 2015, c 199, pt of §2]
Haw. Rev. Stat. § 437D-3 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-3
Definitions.
Status: in_force

As used in this chapter:

"Advertisement" means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. "Advertisement" does not include telephonic communications.

"Damage waiver" means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement.

"Director" means the director of commerce and consumer affairs.

"Lessee" means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement.

"Lessor" means any person in the business of providing rental motor vehicles to the public.

"Plain language" means language written or spoken in a clear and coherent manner using words with common and everyday meanings.

"Rental agreement" means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee.

"Rental cost" means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges.

"Rental motor vehicle" or "vehicle" means a motor vehicle as defined in section 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less.

"Vehicle license recovery fees" includes motor vehicle weight taxes under section 249-2; fees connected with the registration of specially constructed, reconstructed, or rebuilt vehicles, special interest vehicles, or imported vehicles as referenced in section 286-41(c); license plate and emblem fees under section 249-7(b); inspection fees as referenced in section 286-26; highway beautification fees as referenced in section 286-51(b)(1); and any use tax under chapter 238. [L 1988, c 251, pt of §2; am L 2009, c 148, §1; am L 2017, c 137, §2]
Haw. Rev. Stat. § 460J-24 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-24
Application of soil treatment pest control work.
Status: in_force

A licensed contractor may contract for the performance of any soil treatment pest control work to eliminate, exterminate, control, or prevent infestations or infections of pests from the ground beneath or adjacent to any existing building or structure or in or upon any site upon which any building or structure is to be constructed, but the actual performance of any such work shall be done by a licensed pest control operator.
Haw. Rev. Stat. § 453-5.2 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-5.2
REPEALED.
Status: in_force

L 1992, c 202, §212.
Haw. Rev. Stat. § 454F-1.8 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-1.8
Sponsorship by mortgage loan originator company, exempt sponsoring mortgage loan originator company, or nonprofit organization.
Status: in_force

All mortgage loan originators shall be sponsored by a mortgage loan originator company, an exempt sponsoring mortgage loan originator company, or a nonprofit organization. At no time shall a mortgage loan originator be sponsored by more than one Hawaii licensed mortgage loan originator company, exempt sponsoring mortgage loan originator company, or nonprofit organization.
Haw. Rev. Stat. § 449-24 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-24
Termination of escrow depository operations.
Status: in_force

(a) A solvent escrow depository whose capital is not impaired and that has not received a notice of charges and proposed suspension or revocation order pursuant to section 449-17 may cease its business and surrender its license in the following manner:

(1) The board of directors shall adopt a resolution approving a plan to cease activity for which a license to operate as an escrow depository is required. If applicable, the plan shall include provisions for the sale, exchange, or disposition of all outstanding escrow accounts or other business for which an escrow depository license is required by this chapter;

(2) The escrow depository shall:

(A) Notify in writing all buyers and sellers whose accounts still contain outstanding balances of the termination of the escrow depository's operations and the specific arrangements to handle the particular transaction; and

(B) Submit to the commissioner, in writing, the name, address, and telephone number of a contact person who shall be responsible for answering questions and providing documents on closed accounts. This individual or the successor thereof shall continue to perform this task, and shall notify the commissioner of any changes in the information concerning the contact person, until the applicable statutes of limitations have lapsed;

(3) The escrow depository shall file an application with the commissioner in the prescribed form for approval to cease activity for which a license to operate as an escrow depository is required. The application shall be accompanied by:

(A) A copy of the plan to cease activity for which a license to operate as an escrow depository is required, certified by two executive officers of the escrow depository as having been duly adopted by the board;

(B) Any application that may be required pursuant to section 449-8.6, if applicable;

(C) A copy of the notice sent by the escrow depository to all buyers and sellers whose accounts still contain outstanding balances; and

(D) Any other information that the commissioner may require;

(4) The commissioner may require that an audit report, prepared by a certified public accountant at the expense of the escrow depository, be submitted showing the final accounting of the company's operations, should circumstances so warrant;

(5) The commissioner shall approve the application to cease activity for which a license to operate as an escrow depository is required if:

(A) The commissioner is satisfied with the plan;

(B) The conditions for approval contained in section 449-8.6 have been met, if applicable; and

(C) No other reason exists to deny the application; provided that the commissioner may impose any restrictions and conditions that the commissioner deems appropriate; and

(6) Upon receipt of the commissioner's approval, an escrow depository that has filed:

(A) A plan attesting that the company does not retain any outstanding escrow accounts or other business for which an escrow depository license is required by this chapter, shall forthwith surrender to the commissioner all of its escrow depository licenses; or

(B) A plan that includes provisions for the sale, exchange, or disposition of outstanding escrow accounts or other business, upon receipt of the commissioner's approval, shall proceed with its plan to cease activity for which a license to operate as an escrow depository is required. Upon completion of its plan, the escrow depository shall file a written notification with the commissioner, signed by its president and secretary, certifying that there are no outstanding escrow liabilities. Filing of the written notification shall be accompanied by the surrender of all escrow depository licenses.

(b) Nothing in this section shall preclude the commissioner at any time from seeking any relief or sanction from the courts that may otherwise be permitted by law. [L 2001, c 184, pt of §1; am L 2002, c 21, §1]
Haw. Rev. Stat. § 464-9 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-9
Applications for and certificates of licensure; renewal; fees; continuing education.
Status: in_force

(a) Application for licensure shall be made upon a form prescribed by the board and shall be signed by the applicant. With each application there shall be paid to the board a nonrefundable application fee.

For each examination, or repetition thereof in whole or in part as shall be limited or permitted by the rules of the board, the candidate shall pay to the board an examination fee; provided where the candidate is eligible to take only that part of the examination pertaining to engineering fundamentals the candidate shall pay the appropriate fee. The fee paid shall not be refundable; provided if a candidate after having paid the fee is unable for any reason beyond the candidate's control to participate in the examination, the board may extend the time of the candidate's participation to the next regular examination date and credit the candidate the amount of the fee paid.

(b) Upon qualifying for licensure, the applicant shall pay a license fee, and upon receipt thereof by the board shall thereupon be licensed as a professional engineer, architect, land surveyor or landscape architect, and shall receive a certificate thereof from the board signed by the chairperson. Every person licensed who, as an individual or as a member of a firm or corporation, conducts an office or other place of business for the practice of the profession shall display the original certificate in a conspicuous manner, in the principal office or place of business.

(c) Every license expires on April 30 of each even-numbered year following its issuance and becomes invalid after that date unless renewed. At least one month in advance of the date of expiration of the license, a notice shall be mailed to every person licensed under this section informing them of the date of expiration and the amount required for the renewal. Licenses that have expired for failure to pay renewal fees on or before the date required in this subsection may be restored within two years of the expiration date upon payment of a fee for each renewal. Any person who fails to restore the person's license within two years of the date of its expiration shall reapply for licensure as a new applicant and meet the requirements in effect at that time.

(d) The board shall require continuing education to renew a license for architects effective as of the renewal date for a license expiring on April 30, 2008, and for every biennial renewal period thereafter. All continuing education courses shall be relevant to public protection subjects and shall be approved by the board as provided in the board's rules; provided that:

(1) Architects initially licensed in the first year of the biennium shall have completed eight continuing education credit hours;

(2) Architects initially licensed in the second year of the biennium shall not be required to complete any continuing education credit hours;

(3) All other architects shall have completed sixteen continuing education credit hours;

(4) The board shall randomly audit an architect's continuing education courses, and shall establish guidelines for random audits in rules adopted in accordance with chapter 91;

(5) An architect whose license is not renewed because of failure to comply with the continuing education requirement shall have two years from the expiration date of the license to restore the license by complying with all applicable continuing professional education requirements and paying the appropriate renewal and penalty fees. After the two-year restoration period, the licensee shall be required to apply as a new applicant, and meet the requirements in effect at that time; and

(6) An architect licensee shall not be subject to the continuing education requirement if the architect otherwise meets all other renewal requirements and:

(A) Is a member of the armed forces, National Guard, or a reserve component on active duty and deployed during a state or national crisis as "state or national crisis" is defined in chapter 436B;

(B) Is ill or disabled for a significant period of time as documented by a licensed physician, and is unable to meet the continuing education requirements of this subsection;

(C) Can demonstrate undue hardship that prevented the licensee from meeting the continuing education requirements of this subsection; or

(D) Is retired from the practice of architecture and is no longer performing or providing architectural services;

provided that any exemption from the continuing education requirements shall be subject to the board's approval. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1927, c 225, §1; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-9; am L 1961, c 142, §12(b), (c); am L 1965, c 243, §1; HRS §464-9; am L 1970, c 85, §1; am L 1974, c 28, §1; am L 1975, c 118, §28; am L 1983, c 155, §5; am L 1984, c 7, §71; am L 1988, c 226, §6; am L 1989, c 210, §11; am L 1992, c 202, §§155, 156; gen ch 1992; am L 1993, c 127, §1; am L 1997, c 8, §3 and c 40, §18; am L 2005, c 2, §2]
Haw. Rev. Stat. § 443B-1 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-1
Definitions.
Status: in_force

As used in this chapter:

"Client" means a person who offered or extended credit which created a debt, or to whom a debt is owed, and who engages the professional services of a collection agency. The term does not include any person who receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of a debt for another.

"Collection agency" means any person, whether located within or outside this State, who by oneself or through others offers to undertake or holds oneself out as being able to undertake or does undertake to collect for another person, claims or money due on accounts or other forms of indebtedness for a commission, fixed fee, or a portion of the sums so collected.

"Collection agency" includes:

(1) Any person using any name other than the person's own in collecting the person's own claims with the intention of conveying, or which tends to convey the impression that a third party has been employed;

(2) Any person who, in the conduct of the person's business for a fee, regularly repossesses any merchandise or chattels for another; and

(3) Any person who regularly accepts the assignment of claims or money due on accounts or other forms of indebtedness and brings suits upon the assigned claims or money due on accounts or other forms of indebtedness in the person's own name; provided that any suits shall be initiated and prosecuted by an attorney who shall have been appointed by the assignee.

"Collection agency" does not include licensed attorneys at law acting within the scope of their profession, licensed real estate brokers, and salespersons residing in this State when engaged in the regular practice of their profession, nor banks, trust companies, building and loan associations, savings and loan associations, financial services loan companies, credit unions, companies doing an escrow business, individuals regularly employed on a regular wage or salary in the capacity of credit persons or in other similar capacity for a single employer who is not a collection agency, nor any public officer or any person acting under an order of court.

"Communication" means directly or indirectly conveying information regarding a debt to any person by any means.

"Debt" means any obligation or alleged obligation of a consumer to pay money or other forms of payment arising out of a transaction in which the money, property, insurance, or services, which are the subject of the transaction, are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

"Debtor" means any person or the person's spouse or reciprocal beneficiary, parent (if the person is a minor), guardian, executor, or administrator obligated or allegedly obligated to pay a debt.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Material change" means any change of circumstance which might affect a collection agency's registration, including the assigning, selling, leasing, encumbering, or other transfer of the rights, privileges, and obligations of a collection agency, whether voluntarily or involuntarily or directly or indirectly, including by transfer of fifty-one per cent of control of any collection agency, whether by change in ownership or otherwise.

"Principal collector" means an individual who has been designated by a collection agency to assume responsibility for the operations and activities of the agency's office in this State.

"Regularly repossesses" means to locate, confiscate, and return merchandise or chattels to a client whenever the client requires service.

"Regular practice" means duties being of the sort or kind that are expected, ordinary, or typical of the profession.

"Regular wage or salary" means the expected, ordinary, or typical payment for employment. [L 1987, c 191, pt of §1; am L 1989, c 140, §2 and c 266, §3; am L 1990, c 246, §2; am L 1992, c 12, §1 and c 202, §58; am L 1997, c 383, §61; am L 1999, c 254, §3]
Haw. Rev. Stat. § 461-7 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-7
Temporary license.
Status: in_force

(a) A registered pharmacist of any state or territory of the United States who does not have an encumbered license or any pending disciplinary action or unresolved complaints in any state or territory of the United States and who is not eligible for licensure by reciprocity under section 461-8.5 may be granted a temporary license by the board; provided that the person shall first pass a jurisprudence examination as required by the board.

(b) A temporary license shall not entitle the holder to a permanent license, and no permanent license shall be issued until the person has passed the remaining licensure examinations set forth in section 461-6. Only one temporary license shall be issued to the same applicant.

(c) A temporary license shall only remain in effect until the results of the next licensure examinations are announced; provided that the board may extend any temporary license, upon written request, and for good and just cause. Any applicant who fails to take or to pass the next licensure examination shall surrender the temporary license. The board shall receive a fee for the issuance of a temporary license. [L 1949, c 175, pt of §1; RL 1955, §71-7; am L 1961, c 142, §8(a); HRS §461-7; am L 1972, c 62, §1; am L 1973, c 105, §2; am L 1984, c 7, §63; am L 1985, c 223, §2; am L 1986, c 143, §8; am L 1988, c 74, §2; am L 1990, c 248, §2; am L 1995, c 34, §4; am L 1998, c 42, §2]
Haw. Rev. Stat. § 457A-8 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-8
Nurse aide certification for state-licensed or state-certified health care settings.
Status: in_force

(a) This certification applies to nurse aides working in state-licensed and state-certified health care settings other than a medicare or medicaid certified nursing facility.

(b) To be certified, an applicant shall successfully complete:

(1) Training in a training program approved by the director of human services under section 346-46; and

(2) A nurse aide examination approved by the director.

(c) Fees may be imposed for services rendered to carry out the purposes of this section.

(d) Reciprocity shall be granted to qualified nurse aides who have completed a state-approved program, the requirements of which are comparable to the requirements of this chapter.

(e) Maintenance requirements for the recertification process shall be required on a biennial basis and shall include a competency evaluation approved by the department of human services, and employment in a state-licensed or state-certified health care setting. [L 2007, c 226, pt of §4]
Haw. Rev. Stat. § 448F-11 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-11
License without necessity of examination.
Status: in_force

All persons holding valid licenses as electrologists from the department of health and practicing on the day prior to June 25, 1990, shall be considered licensed under this chapter on June 25, 1990, without necessity of examination.

Revision Note

"June 25, 1990" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 467B-9.7 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-9.7
Administrative enforcement and penalties.
Status: in_force

(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below. L 2025, c 108, §10. ] The attorney general may refuse to register, revoke, or suspend the registration of any charitable organization, professional fundraising counsel, or professional solicitor, or issue a cease and desist order whenever the attorney general finds that a charitable organization, professional fundraising counsel, or professional solicitor, or its agent, servant, or employee:

(1) Has violated or is operating in violation of this chapter, the rules of the attorney general, or an order issued by the attorney general;

(2) Has refused or failed, after notice, to produce any records of the organization or to disclose any information required to be disclosed under this chapter or the rules of the attorney general;

(3) Has made a material false statement in an application, statement, or report required to be filed under this chapter; or

(4) Has failed to file the financial report required by section 467B-2.5, or filed an incomplete financial report.

(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above. L 2025, c 108, §10. ] The attorney general may refuse to register, revoke, or suspend the registration of any charitable organization, professional fundraising counsel, professional solicitor, charitable fundraising platform, or platform charity, or issue a cease and desist order whenever the attorney general finds that a charitable organization, professional fundraising counsel, professional solicitor, charitable fundraising platform, or platform charity, or its agent, servant, or employee:

(1) Has violated or is operating in violation of this chapter, the rules of the attorney general, or an order issued by the attorney general;

(2) Has refused or failed, after notice, to produce any records of the organization or to disclose any information required to be disclosed under this chapter or the rules of the attorney general;

(3) Has made a material false statement in an application, statement, or report required to be filed under this chapter; or

(4) Has failed to file the financial report required by section 467B-2.5, or filed an incomplete financial report.

(b) When the attorney general finds that the registration of any person may be refused, suspended, or revoked under the terms of subsection (a), the attorney general may:

(1) Revoke a grant of exemption from any provisions of this chapter;

(2) Issue an order directing that the person cease specified fundraising activities;

(3) Impose an administrative fine not to exceed $1,000 for each act or omission that constitutes a violation of this chapter and an additional penalty, not to exceed $100, for each day during which the violation continues. Registration shall be automatically suspended upon final affirmation of an administrative fine until the fine is paid or until the normal expiration date of the registration. No registration shall be renewed until the fine is paid; or

(4) Place the registrant on probation for any period of time and subject to any conditions as the attorney general may determine.

(c) Any person aggrieved by an action of the attorney general under this section may request a hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action, which notice shall be deemed effective upon mailing.

(d) The attorney general may apply to the circuit court for the first circuit, State of Hawaii, for relief, and the court may issue a temporary injunction or a permanent injunction to restrain violations of this chapter, appoint a receiver, order restitution or an accounting, or grant other relief as may be appropriate to ensure the due application of charitable funds. Proceedings thereon shall be brought in the name of the State. [L 2004, c 93, pt of §1; am L 2006, c 168, §4; am L 2008, c 174, §8; am L 2011, c 40, §4; am L 2024, c 205, §11]
Haw. Rev. Stat. § 467B-10 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-10
Penalties.
Status: in_force

Any person who intentionally or knowingly violates this chapter, or who intentionally or knowingly gives false or incorrect information to the attorney general in filing statements or reports required by this chapter, whether the reports or statements are verified or not, shall:

(1) For the first offense be fined not less than $100 nor more than $500, or imprisoned not more than six months, or both; and

(2) For the second and any subsequent offense, be fined not less than $500 nor more than $1,000, or imprisoned not more than one year, or both. [L 1969, c 167, pt of §1; am L 1971, c 162, §§4, 5; am L 1981, c 54, §3; gen ch 1985; am L 1990, c 129, §5; am L 1993, c 206, §10; am L 2004, c 93, §11]
Haw. Rev. Stat. § 444-21 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-21
Death or dissociation.
Status: in_force

No copartnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contracting business thereof prior to final disposition by the contractors license board of an application for a license made within thirty days from the date of the death or dissociation.
Haw. Rev. Stat. § 453-53 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-53
[ §453-53] Information sheet.
Status: in_force

[ §453-53] Information sheet. The department of health shall develop and, upon request, distribute to health professionals subject to this part an information sheet that includes all of the following:

(1) A description of expedited partner therapy and its purpose;

(2) A notice that an individual who has been treated for a sexually transmitted disease should be retested after treatment to detect possible persistent or recurrent infection, including information on the timing of retesting, as recommended by the Centers for Disease Control and Prevention;

(3) A warning about the possible dangers of administering antibiotic therapy to a pregnant individual;

(4) Information about antibiotics dispensed or prescribed and dosages of those antibiotics dispensed or prescribed, as recommended by the Centers for Disease Control and Prevention;

(5) A warning about the risk of allergies to and drug interactions with the antibiotics described in paragraph (4);

(6) Information about sexually transmitted diseases, the treatment of sexually transmitted diseases, and the prevention of sexually transmitted diseases;

(7) A notice that the patient and the patient's partners should abstain from sexual activity for seven days after the patient and the partners have completed the antibiotic therapy;

(8) A notice that the partners should be tested for sexually transmitted diseases;

(9) A notice of the risk to the patient, the partners, and others, including the public health, if a sexually transmitted disease is not completely treated;

(10) A notice of the responsibility of the patient to notify sexual partners of the risk of sexually transmitted diseases and the importance of examination and treatment for sexually transmitted diseases; and

(11) A statement advising any individual who has any questions regarding anything in the information sheet to contact a health professional or the department of health. [L 2013, c 250, pt of §2]
Haw. Rev. Stat. § 449-7 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-7
Investigation and ruling.
Status: in_force

The commissioner shall make an investigation into the information furnished by the applicant and may require the applicant to furnish additional information. If the commissioner is satisfied, with or without a hearing upon the application, that the applicant has met all the criteria set forth for approval, the commissioner shall approve the application.
Haw. Rev. Stat. § 441-45 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-45
Penalty.
Status: in_force

In addition to the penalties otherwise provided by law, any cemetery or pre-need funeral authority that violates, or fails to comply with any of the provisions of this chapter or rules adopted pursuant thereto shall be fined not more than $5,000 for each violation.
Haw. Rev. Stat. § 451A-15 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-15
§§451A-15 and 451A-16 REPEALED.
Status: repealed

§§451A-15 and 451A-16 REPEALED. L 1986, c 25, §§5, 6.
Haw. Rev. Stat. § 437-26 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-26
License not transferable; other requirements.
Status: in_force

(a) Nontransferable. No license issued under this chapter shall be transferable.

(b) License to be posted. Each dealer shall keep the license or a certified copy thereof posted in a conspicuous place on each premises.

(c) License on person. Each salesperson shall carry the salesperson's license on the salesperson's person or a certified copy thereof and shall exhibit such license or certified copy thereof upon demand by any person with whom the salesperson seeks to transact business as a motor vehicle salesperson. [L 1963, c 199, §1m; Supp, §160-171.4; HRS §437-26; gen ch 1985, 1993]
Haw. Rev. Stat. § 453-6 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-6
Fees; expenses.
Status: in_force

(a) No applicant shall be examined under this chapter until the applicant has paid to the board application, examination, and license fees. The board may provide separate fees for licensure by endorsement and for limited and temporary licenses.

(b) Every physician or surgeon holding a license under this chapter shall renew the license with the board no later than January 31 of each even-numbered year. Every osteopathic physician or surgeon holding a license previously issued under chapter 460 and this chapter shall renew the license with the board no later than June 30 of each even-numbered year. Every physician, osteopathic physician, or surgeon shall pay a renewal fee and comply with the category 1 or 1A continuing medical education requirements provided in rules adopted by the board.

(c) A physician, osteopathic physician, or surgeon shall meet the category 1 or 1A continuing medical education requirements by obtaining credit hours in a category 1 or 1A continuing medical education program accredited by the American Medical Association or the American Osteopathic Association or in other approved category 1 or 1A continuing medical education as provided in the board's rules. To determine compliance, the board may conduct a random audit. A physician, osteopathic physician, or surgeon selected for audit shall be notified by the board. Within sixty days of notification, the physician, osteopathic physician, or surgeon shall provide to the board documentation to verify compliance with the category 1 or 1A continuing medical education requirements.

(d) Failure to renew, pay the renewal fee, and, in the case of audited physicians, osteopathic physicians, or surgeons, provide documentation of compliance shall constitute a forfeiture of license, which may be restored only upon the submission of written application therefor, payment to the board of a restoration fee, and, in the case of audited physicians, osteopathic physicians, and surgeons, documentation of compliance.

(e) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required. [L 1896, c 60, §5; am L 1920, c 37, §2; am L 1921, c 14, §§5, 10; RL 1925, §1026; am L 1925, c 26, §3; am imp L 1925, cc 27, 29; RL 1935, §1205; am L 1939, c 183, pt of §1; RL 1945, §2505; RL 1955, §64-5; am L 1957, c 316, §5; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §10; am L 1963, c 114, §§1, 3; am L 1965, c 218, §4; HRS §453-6; am L 1971, c 31, §1; am L 1975, c 118, §17; am L 1976, c 219, §9; am L 1983, c 92, §1(4); am L 1985, c 87, §1; am L 1989, c 181, §3; am L 1992, c 202, §100; am L 2001, c 66, §1; am L 2008, c 5, §9]
Haw. Rev. Stat. § 465D-12 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-12
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

(a) Notwithstanding any law to the contrary, the director shall automatically revoke a license or deny an application to renew, restore, or reinstate a license under either of the following circumstances:

(1) The licensee has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

(2) The licensee has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.

(b) The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

(c) Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice. The hearing shall be held within thirty days of the revocation or denial. The proceeding shall be conducted in accordance with chapter 91.

(d) For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

(e) If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease. Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

(f) Any final order of discipline taken pursuant to this section shall be a matter of public record.

(g) The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §26]
Haw. Rev. Stat. § 453-3 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-3
Limited and temporary licenses.
Status: in_force

The Hawaii medical board shall issue a limited and temporary license to an applicant who has not been examined as required by section 453-4, and against whom no disciplinary proceedings are pending in any state or territory, if the applicant is otherwise qualified to be examined, and upon determination that:

(1) There is an absence or a shortage of licensed physicians or osteopathic physicians in a particular locality, and that the applicant has been duly licensed as a physician or osteopathic physician by written examination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall permit the practice of medicine and surgery by the applicant only in the particular locality, and no other, as shall be set forth in the license issued to the applicant. The license shall be valid only for a period of eighteen months from the date of issuance. The board shall establish guidelines to determine a locality with an absence or shortage of physicians or osteopathic physicians. For this purpose, the board may consider a locality to have an absence or shortage of physicians or osteopathic physicians if the absence or shortage results from the temporary loss of a physician or osteopathic physician. In designating a locality with an absence or shortage of physicians or osteopathic physicians, the board shall not delegate its authority to a private organization;

(2) The applicant is to be employed by an agency or department of the state or county government, and that the applicant has been duly licensed as a physician or osteopathic physician by written examination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall only be valid for the practice of medicine and surgery while the applicant is in the employ of the governmental agency or department and in no case shall be used to provide private patient care for a fee. A license issued under this paragraph may be renewed from year to year;

(3) The applicant would practice medicine and surgery only while under the direction of a physician or osteopathic physician regularly licensed in the State other than as permitted by this section, and that the applicant intends to take the regular licensing examination conducted by the board within the next eighteen months. A limited and temporary license issued under this paragraph shall be valid for no more than eighteen months from the date of issuance, unless otherwise extended at the discretion of the Hawaii medical board; provided that this discretionary extension shall not exceed a period of six months beyond the original expiration date of the limited and temporary license;

(4) The applicant has been appointed as a resident or accepted for specialty training in a health care facility or organized ambulatory health care facility as defined in section 323D-2 or a hospital approved by the board, and that the applicant shall be limited in the practice of medicine and surgery to the extent required by the duties of the applicant's position or by the program of training while at the health care facility, organized ambulatory health care facility, or hospital. The license shall be valid during the period in which the applicant remains as a resident in training, and may be renewed from year to year during the period; or

(5) A public emergency exists, and that the applicant has been duly licensed as a physician or osteopathic physician by written examination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall only be valid for the period of the public emergency.

Nothing herein requires the registration or licensing hereunder of nurses, or other similar persons, acting under the direction and control of a licensed physician or osteopathic physician. [L 1965, c 218, §2; Supp, §64-2.5; HRS §453-3; am L 1969, c 257, §2; am L 1970, c 32, §1; am L 1973, c 126, §1; am L 1983, c 92, pt of §1(1); am L 1984, c 168, §8; am L 1988, c 110, §2; am L 1992, c 68, §1; am L 1997, c 74, §1; am L 2008, c 5, §4 and c 9, §3]
Haw. Rev. Stat. § 458-15 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-15
Penalties.
Status: in_force

Any person who violates this chapter shall be fined not more than $500, or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 436B-2 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-2
General definitions.
Status: in_force

As used in this chapter:

"Board" means any board or commission which is created and authorized by statute to issue a professional or vocational license, and is established within or transferred to the department for administrative purposes or subject to the administrative control or supervision of the director.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Executive secretary" or equivalent expressions means the individual employed by the department subject to chapter 76, who shall assist the licensing authority in administering this chapter, its licensing laws, rules, and orders, and who shall perform such other ministerial duties and delegated functions as authorized by law.

"Forfeit" or "forfeiture" means the immediate and automatic termination or cancellation without any prior consultation with the licensee of a license issued by a board, caused by a licensee's voluntary or involuntary failure to comply with the requirements for maintaining or renewing a license.

"License" means the permission to engage in a profession or vocation granted by the applicable licensing authority to a person who has satisfied every requirement for licensure, and shall include any registration, certificate, or other document issued by the licensing authority reflecting proof of permission.

"Licensee" means the person in whose name the licensing authority grants a license.

"Licensing authority" or "authority" means the director, or any licensing board or commission under the administrative control of the director pursuant to section 26-9(c), authorized by statute to grant or to deny licenses.

"Licensing laws" means the applicable chapter providing for the regulation, licensing, and practice of a profession or vocation by the licensing authority.

"Person" includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entity, or any combination thereof.

"Program" means any regulatory program in which the director is authorized by law to grant or to deny a license to a person seeking permission to engage in a profession or vocation.

"Reinstate" or "reinstatement" means the permission to engage in a profession or vocation granted by the applicable licensing authority to a person whose license has been previously suspended by the licensing authority.

"Renew" or "renewal" means the permission to engage in a profession or vocation granted by the applicable licensing authority to a licensee who has applied for an extension of a current and valid license.

"Restore" or "restoration" means the permission to engage in a profession or vocation granted by the applicable licensing authority to a person whose license has been previously forfeited by the licensing authority. [L 1991, c 111, pt of §2; am L 1992, c 202, §7; am L 2000, c 253, §150]
Haw. Rev. Stat. § 452-26 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-26
Cumulative remedies.
Status: in_force

The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 448-3.5 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-3.5
[ §448-3.
Status: in_force

[ §448-3.5] Supervision in public health settings. (a) A dental assistant may operate under the general supervision of any dentist licensed under this chapter to provide auxiliary support dental services in a public health setting.

(b) General supervision shall be permitted in a public health setting; provided that:

(1) The supervising dentist is licensed under this chapter and available for consultation;

(2) The dental assistant is working under the direction of a dental hygienist licensed under chapter 447; and

(3) The licensed dental hygienist is under the supervision of a licensed dentist.

(c) A dental assistant working under the general supervision of a licensed dentist and the direction of a licensed dental hygienist who is under the general supervision of a licensed dentist may perform the following supportive dental procedures:

(1) Taking intra-oral and extra-oral photographs, and recording or charting clinical findings as directed by the licensed dental hygienist;

(2) Exposing, processing, mounting, and labeling radiographs;

(3) Measuring and recording vital signs;

(4) Assisting the licensed dental hygienist who is performing a dental procedure on a patient, such as:

(A) Preparing procedural trays and armamentaria;

(B) Retracting a patient's oral tissues to maintain the field of operation during a dental procedure;

(C) Removing debris, as is normally created and accumulated during or after dental procedures by the licensed dental hygienist; and

(D) Transferring dental instruments or any other concept of four-handed dentistry the licensed dental hygienist requires to perform the procedure; and

(5) Assisting the licensed dental hygienist in the performance of the duties of the dental hygienist as requested; provided that the assistance does not include procedures listed in Hawaii Administrative Rules, sections 16-79-69.5 and 16-79-69.10;

provided that the dental assistant, licensed dental hygienist, and licensed dentist are providing dental services in a public health setting.

(d) The supervising licensed dentist shall be responsible for all delegated acts performed by the dental assistant.

(e) As used in this section, "public health setting" has the same meaning as defined in section 447-3. [L 2022, c 67, §2]
Haw. Rev. Stat. § 461J-10.13 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10.13
Authorized providers of continuing competence units.
Status: in_force

Continuing competence units shall be obtained from a provider or agency approved by the board, including but not limited to:

(1) Continuing education courses, including home- and self-study courses, obtained from an agency recognized by the board;

(2) College coursework from an educational institution accredited by the United States Department of Education or other agency recognized by the board; and

(3) Other competence related activities approved by the board or an agency recognized by the board. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 446E-1 — HI Code / Division 2 / Title 25 / Chapter 446E / Section 446E-1
Definitions.
Status: in_force

As used in this chapter:

"Degree" means a post-secondary credential, earned or honorary, conferring on the recipient the title or designation of "associate", "bachelor", "baccalaureate", "master", "doctor", or "doctorate", or any designation, mark, appellation, series of letters or words, or other symbol which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic or professional program of study beyond the secondary school level.

"Degree granting institution" means a school, academy, institute, junior college, college, university, agency, individual, partnership, company, firm, society, trust, association, corporation, or any combination thereof that meets the following criteria:

(1) Provides a post-secondary instructional program or course leading to a degree;

(2) Uses in its name the term "college", "academy", "institute", "institution", or "university" or a similar term which implies that the organization or person is primarily engaged in the education of students at the post-secondary level; and

(3) Charges a fee for its services.

"Director" means the director of commerce and consumer affairs.

"Employee" means a person who is hired on an hourly or salaried basis for twenty or more hours per week.

"Office" means space within a structure that is leased, subleased, rented, or owned by the unaccredited institution or one or more of its officers or directors for the exclusive use by the unaccredited institution, as evidenced by a written lease agreement, sublease agreement, rental agreement, or conveyance document, and shall not include an arrangement for mail forwarding services or mailbox rental.

"Presence" means offering courses, programs, or degrees or maintaining a campus, or an administrative, corporate, or other address in this State.

"Student" means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by an unaccredited institution.

"Unaccredited institution" means a degree granting institution that is not accredited or a candidate for accreditation by at least one nationally recognized accrediting agency that is listed by the United States Secretary of Education. [L 1979, c 135, pt of §2; am L 1999, c 171, §2]
Haw. Rev. Stat. § 465D-7 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-7
Exemptions.
Status: in_force

(a) This chapter is not intended to restrict the practice of other licensed or credentialed practitioners practicing within their own recognized scopes of practice and shall not apply to:

(1) A licensed psychologist and any supervisee of the licensed psychologist; provided that applied behavior analysis services performed are within the boundaries of the licensed psychologist's education, training, and competence; provided further that neither the licensed psychologist nor any supervisee of the licensed psychologist purports to be a licensed behavior analyst; provided further that master's level practitioners and postdoctoral fellows may provide training and supervision to direct support workers, paraprofessionals, caregivers, parents, and guardians in a manner and to the extent determined by the supervising licensed psychologist.

For purposes of this paragraph, "supervisee" means a master's level practitioner, postdoctoral fellow, direct support worker, paraprofessional, caregiver, parent, or guardian who provides applied behavior analysis services;

(2) A licensed classroom teacher or an individual who is working as a classroom teacher and is enrolled in a teacher preparation program working towards licensure who implements, but does not design, applied behavior analysis services in a school setting in direct collaboration with a licensed behavior analyst or a licensed psychologist;

(3) An individual who implements or designs applied behavior analysis services and possesses board certification as an assistant behavior analyst by the Behavior Analyst Certification Board and who practices in accordance with the most recent supervisory and ethical requirements adopted by the Behavior Analyst Certification Board under the direction of a licensed behavior analyst;

(4) An individual who directly implements applied behavior analysis services and is credentialed as a registered behavior technician by the Behavior Analyst Certification Board, and is under the direction of a licensed behavior analyst or a licensed psychologist;

(5) A family member, legal guardian, or caregiver implementing an applied behavior analysis plan and who acts under the direction of a licensed behavior analyst or Hawaii-licensed psychologist; provided that for the purposes of this paragraph, "caregiver" means an individual who provides habilitative services in an adult foster home, developmental disabilities domiciliary home, adult residential care home, expanded adult residential care home, special treatment facility, or therapeutic living program pursuant to the medicaid home and community-based services waiver program authorized by section 1915(c) of the Social Security Act;

(6) An individual who implements applied behavior analysis services to participants in the medicaid home and community-based services waiver program pursuant to section 1915(c) of the Social Security Act;

(7) An individual who engages in the practice of applied behavior analysis with nonhuman or nonpatient clients or consumers, including but not limited to applied animal behaviorists and practitioners of organizational behavior management;

(8) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined applied behavior analysis program of study, practicum, or intensive practicum; provided that the student's or fellow's activities or practice is directly supervised by a licensed behavior analyst, licensed psychologist, or an instructor from a nationally recognized training organization or in a Behavior Analyst Certification Board-approved course sequence; or

(9) An individual pursuing experience in applied behavior analysis consistent with the Behavior Analyst Certification Board's experience requirements; provided that the experience is supervised by a licensed behavior analyst.

(b) Nothing in this chapter shall be construed to prevent any licensed psychologist from engaging in the practice of applied behavior analysis in this State as long as the licensed psychologist is not in any manner held out to the public as a "licensed behavior analyst" or "behavior analyst" and the behavior analysis services provided by the licensed psychologist are within the licensed psychologist's recognized scope of practice. [L 2015, c 199, pt of §2; am L 2016, c 107, §2 and c 123, §3; am L 2018, c 205, §3; am L 2023, c 167, §2]
Haw. Rev. Stat. § 457B-3.5 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-3.5
Limited and temporary licenses.
Status: in_force

The director may issue a limited and temporary license to an applicant who has not been examined as required by section 457B-6, if the applicant is otherwise qualified to be examined. Such a license shall be effective only until the next licensure examination process has been completed.
Haw. Rev. Stat. § 445-26 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-26
Auction at places other than auction room; mock auctions.
Status: in_force

It shall be unlawful for any person, other than a licensed auctioneer to hold, conduct, carry on, or maintain any auction room or place for holding public auction sales, or to advertise or hold oneself out to the public as an auctioneer, or to conduct, carry on, or maintain any sale of goods by public auction; and it shall be unlawful to maintain, carry on, or conduct any mock auction, or to advertise or represent as an auction that which is or will be a sale other than auction.
Haw. Rev. Stat. § 461-13 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-13
Prescription record.
Status: in_force

A pharmacy shall keep prescription records of each prescription compounded or dispensed at the pharmacy for a period of not less than five years. The prescription records shall at all times be open to inspection by the board of pharmacy and other law enforcement officers.
Haw. Rev. Stat. § 448B-2 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-2
Dietitian licensure program.
Status: in_force

There is established a dietitian licensure program within the department to be administered by the director.
Haw. Rev. Stat. § 468E-5 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-5
Eligibility for licensure.
Status: in_force

(a) To be eligible for licensure by the board as a speech pathologist or audiologist, a person shall:

(1) Possess at least a master's degree or its equivalent in the area of speech pathology or audiology, as the case may be, from an educational institution recognized by the board;

(2) Submit to the board evidence of eligibility for meeting the requirements of the American Speech-Language-Hearing Association for the certificate of clinical competence in speech pathology or audiology, or both; and

(3) Pass a written examination approved by the board.

(b) To be eligible for licensure by the board as an audiologist, a person shall not be required to also be licensed as a hearing aid dealer and fitter under chapter 451A. [L 1974, c 48, pt of §1; am L 1978, c 21, §1; am L 1988, c 320, §4; am L 1996, c 13, §14; am L 2018, c 173, §4]
Haw. Rev. Stat. § 466D-7 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-7
Exemptions.
Status: in_force

This chapter is not intended to restrict the practice of other licensed or credentialed healthcare practitioners practicing within their own recognized scopes of practice and shall not apply to:

(1) A person working within the scope of practice or duties of another licensed profession that overlaps with the practice of respiratory care; provided that the person does not purport to be a respiratory therapist;

(2) A person working as, or training to become, a sleep technologist or person who is enrolled in a Commission on Accreditation of Allied Health Education Programs, Accredited Sleep Technologist Education Program, or a program approved by the American Association of Sleep Technologists to become a sleep technologist; provided that, as used in this paragraph, a "sleep technologist" is defined as a person trained in sleep technology and relevant aspects of sleep medicine, evaluation, and follow-up care of patients with sleep disorders;

(3) A person enrolled as a student in an accredited respiratory therapy program where the performance of duties that are regulated by this chapter is an integral part of the student's program of study;

(4) A person employed by a durable medical equipment provider who engages in the delivery, assembly, setup, testing, and demonstration of oxygen and aerosol equipment upon the order of a physician; provided that no person providing those services shall be authorized to assess patients, develop care plans, instruct patients in taking treatment, or discuss the hazards, administration, or side effects of medication with patients;

(5) A person rendering services in the case of an emergency or in the domestic administration of family remedies; or

(6) A person employed by a federal, state, or county government agency in a respiratory therapist position, but only in the course of carrying out the duties and responsibilities of government employment. [L 2010, c 178, pt of §2]
Haw. Rev. Stat. § 466J-5.5 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-5.5
Continuing education requirement for renewal.
Status: in_force

(a) After January 1, 1999, licensees shall have taken twenty-four continuing education credits acceptable to the board in the preceding biennium to renew their licenses.

(b) Licensees who have met the continuing education requirements of the American Registry of Radiologic Technologists in the biennium immediately preceding renewal or are in good standing with the American Registry of Radiologic Technologists shall be deemed to have met the continuing education requirement for license renewal.

(c) Licensees shall maintain proof of participation for continuing education credits and shall attest to this participation on the renewal application. This documentation shall be maintained by the licensee for the preceding biennium and shall be provided to the board as requested.

(d) The board shall sample and verify the continuing education documentation of licensees. The percentage of sampling shall be determined by the board.

(e) Failure of licensees to submit documentation for attested continuing education credits acceptable to the board shall be grounds for license suspension or revocation. [L 1995, c 143, §1]
Haw. Rev. Stat. § 449-12 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-12
Errors and omissions insurance or other security devices.
Status: in_force

[See Note below.] A licensed escrow depository shall at all times either:

(1) Maintain a policy of errors and omissions insurance executed by an insurer authorized to do business in the State in an amount not less than $250,000; provided that any policy which is subject to a deductible thereunder in excess of $100,000, per occurrence, shall require the prior approval of the commissioner, who may take into consideration, among other factors, the amount of the proposed coverage; or

(2) Deposit an equivalent amount of cash or other security device under such terms and conditions as are acceptable to the commissioner. [L 1967, c 144, pt of §1; HRS §449-12; am L 1970, c 72, §3; am L 1985, c 269, §50; am L 1992, c 205, §12; am L 1996, c 41, §2; am L 2013, c 166, §8]
Haw. Rev. Stat. § 440-23 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-23
Sham boxing contest; penalty against contestant.
Status: in_force

Any contestant who knowingly participates in any sham or false boxing contest shall be suspended by the boxing commission for not less than twelve months from the date of the offense from further participation in any boxing contest held or given under this chapter and may be permanently disqualified from further participation in any boxing contest held or given under this chapter.
Haw. Rev. Stat. § 437B-16 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-16
Records required; inspection.
Status: in_force

Each motor vehicle repair dealer shall maintain such records as are required by rules adopted by the board. The records shall be open for reasonable inspection by the board or other law enforcement officials. All such records shall be maintained for at least two years.
Haw. Rev. Stat. § 452-23.5 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-23.5
Citation for licensee violations; fines.
Status: in_force

[§452-23.5]Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department of commerce and consumer affairs may issue a citation to any person who holds a massage therapist or massage therapy establishment license issued by the board, or is designated the principal massage therapist by the massage therapy establishment, for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:

(1) Failure of a massage therapy establishment, during all hours of operation, to conspicuously display a current massage therapy establishment license and the current licenses and permits of all persons employed by the massage therapy establishment who engage in the practice of massage therapy;

(2) Failure of a principal massage therapist to ensure that every massage therapist apprentice who engages in the practice of massage therapy at the massage therapy establishment wears a conspicuously placed name tag stating the massage therapist apprentice's name and the word "apprentice" during all hours of operation;

(3) Operation of a massage therapy establishment without the presence of a principal massage therapist or a licensed designee during all hours of operation; or

(4) Failure of a massage therapist or massage therapy establishment to include the respective massage therapist's or massage therapy establishment's current license number in any advertisement pursuant to section 452-23(b).

(b) Each citation:

(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;

(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation;

(3) Shall be served on the licensee by personal service; and

(4) Shall inform the licensee that the licensee may submit a written request to the board for a hearing to contest the citation, within twenty calendar days from the service of the citation.

(c) If the licensee timely submits a written request to the board for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.

(d) If the licensee does not timely submit a written request to the board for a hearing, the citation shall be deemed a final order of the board.

(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action by the board. [L 2016, c 146, §1]
Haw. Rev. Stat. § 437-33 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-33
Coercion by manufacturer or distributor unlawful.
Status: in_force

No person, being a manufacturer or distributor of motor vehicles, or being an officer, agent, or representative of such manufacturer or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer to sell or refuse to sell all or any portion of the dealer's retail installment contracts to any person or class of persons designated by the manufacturer or distributor, by means of any statement, suggestion, promise, or threat, made directly or indirectly, that the manufacturer or distributor will in any manner injure or benefit such a dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made directly or indirectly, that the dealer is under any obligation whatsoever to make or refuse to make such sale.
Haw. Rev. Stat. § 453D-9 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-9
] Examination.
Status: in_force

(a) The department shall conduct a licensing examination of applicants at least once a year at a time and place designated by the department.

(b) The department shall administer the National Counselor Examination for Licensure and Certification in compliance with the standards of the National Board for Certified Counselors.

(c) The examining fee shall be paid by the applicant directly to the National Board for Certified Counselors.

(d) An applicant shall be held to have passed an examination by obtaining a passing score as determined by the director. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
Haw. Rev. Stat. § 457B-13 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-13
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 461-16.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-16.5
REPEALED.
Status: in_force

L 1992, c 202, §226.
Haw. Rev. Stat. § 444-18 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-18
§§444-18 to 444-20 REPEALED.
Status: repealed

§§444-18 to 444-20 REPEALED. L 1992, c 202, §§200 to 202.
Haw. Rev. Stat. § 446-1 — HI Code / Division 2 / Title 25 / Chapter 446 / Section 446-1
Definitions.
Status: in_force

As used in this chapter:

"Debt adjuster" means a person who for a profit engages in the business of acting as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compromising, or in any way altering the terms of payment of any debts of the debtor and who:

[(1)] Receives money, property, or other thing of value from the debtor, or on behalf of the debtor, for distribution among the creditors of the debtor; or

[(2)] Otherwise arranges for payment to, or distribution among, the creditors of the debtor.

"Debtor" means an individual and includes two or more individuals who are jointly and severally or jointly or severally indebted.

"Nonprofit organization" means a corporation or association, no part of the net earnings of which may inure to the benefit of any private shareholder or individual.

"Person" means an individual, partnership, corporation, firm, association, or any other legal entity. [L 1967, c 3, §2; HRS §446-1; gen ch 1985]

Revision Note

Numeric designations deleted and definitions rearranged.