Haw. Rev. Stat. § 440-8 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-8
Authority to subpoena witnesses, to administer oaths and penalties.
Status: in_force

The chairperson or the executive officer may issue subpoenas for the attendance of witnesses before the commission, with the same effect as if the subpoenas were issued in an action in the circuit court, and may administer oaths in all matters connected with the administration of the affairs of the commission. Disobedience of a subpoena and false swearing before the executive officer or the commission shall be attended by the same consequences and be subject to the same penalties as if disobedience or false swearing occurred in an action in the circuit court.
Haw. Rev. Stat. § 468E-18 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-18
Right of injunction.
Status: in_force

The department of commerce and consumer affairs may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter.
Haw. Rev. Stat. § 451J-4 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-4
Fees; disposition.
Status: in_force

(a) Application, examination, reexamination, license, renewal, penalty fees, and any other fees relating to the administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.

(b) Fees assessed shall defray costs incurred by the director to support the operation of the marriage and family therapist licensing program. Fees collected shall be managed in accordance with section 26-9(l). [L 1998, c 159, pt of §2]
Haw. Rev. Stat. § 445-95.3 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-95.3
Powers of the director.
Status: in_force

The director of the department of human services may examine and investigate the affairs of every person, partnership, corporation, or other organization engaged in the rooming house business in this State in order to determine whether any unfair or deceptive practice prohibited by section 445-95.1 has been committed.
Haw. Rev. Stat. § 461J-1 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-1
Definitions.
Status: in_force

As used in this chapter:

"Board" means the board of physical therapy.

"Competence" is the application of knowledge, skills, and behaviors required to function effectively, safely, ethically, and legally within the context of the individual's role and environment.

"Continuing competence" is the lifelong process of maintaining and documenting competence through ongoing self-assessment, development, and implementation of a personal learning plan, and subsequent reassessment.

"Educational institution" means public schools as defined under chapter 302A, privately operated schools of lower education, and colleges, the University of Hawaii, and other universities.

"Foreign-trained person" means a person who has completed an educational program or course of study in physical therapy in an institution located outside the United States.

"Physical therapist" means a person who is licensed to practice physical therapy in this State.

"Physical therapist assistant" means a person who is licensed as a physical therapist assistant in the State and assists the physical therapist in selected components of treatment or intervention.

"Physical therapy" or "physical therapy services" means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, pain from injury, disease, and any other physical or mental condition as performed by a physical therapist appropriately licensed under this chapter. It includes but is not limited to:

(1) Administration, evaluation, modification of treatment, and instruction involving the use of physical measures, activities, and devices, for preventive and therapeutic purposes; provided that should the care or treatment given by a physical therapist or physical therapist assistant contravene treatment diagnosed or prescribed by a medical doctor, osteopath, or as determined by the board, the physical therapist shall confer with the professional regarding the manner or course of treatment in conflict and take appropriate action in the best interest of the patient; and

(2) The provision of consultative, educational, and other advisory services for the purpose of reducing the incidence and severity of physical disability, bodily malfunction, or pain.

"Practice of physical therapy" includes, but is not limited to, the use of the following:

(1) Physical agents, such as heat, cold, water, air, sound, compression, light, electricity, and electromagnetic radiation;

(2) Exercise with or without devices, joint mobilization, mechanical stimulation; biofeedback; postural drainage; traction; positioning, massage, splinting, training in locomotion, and other functional activities with or without assisting devices; and correction of posture, body mechanics, and gait;

(3) Tests and measurements of: muscle strength, force, endurance, and tone; joint motion, mobility, and stability; reflexes and automatic reaction; movement skill and accuracy; sensation and perception; peripheral nerve integrity; locomotor skill, stability, and endurance; activities of daily living; cardiac, pulmonary, and vascular functions; the fit, function, and comfort of prosthetic, orthotic, and other assisting devices; posture and body mechanics; limb strength, circumference, and volume; thoracic excursion and breathing patterns; vital signs; nature and locus of pain and conditions under which pain varies; photosensitivity; and the home and work physical environments.

"Unit" is a relative value assigned to continuing competence activities in which one continuing competence unit is equivalent to at least fifty minutes of classroom or hands-on instruction. [L 1985, c 276, pt of §1; am L 1986, c 140, §3; am L 1996, c 89, §16; am L 2013, c 35, §2 and c 220, §2]
Haw. Rev. Stat. § 448B-11 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-11
Revocation, suspension, denial, or condition of licenses; fines.
Status: in_force

In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, or may deny, revoke, suspend, fine, or condition in any manner any license for any one or more of the following acts or conditions on the part of the applicant or licensed dietitian:

(1) Conviction by a court of competent jurisdiction of a crime that the director has determined to be of a nature that renders the person convicted unfit to practice dietetics;

(2) Failure to report in writing to the director any disciplinary decision related to dietetic practice issued against the licensed dietitian or the applicant in any jurisdiction within thirty days of the disciplinary decision or within twenty days of licensure;

(3) Violation of recognized ethical standards for dietitians as set by the association;

(4) Use of fraud, deception, or misrepresentation in obtaining a license;

(5) Revocation, suspension, or other disciplinary action by another state, territory, federal agency, or country against the licensed dietitian or applicant for any reason provided under this section; or

(6) Other just and sufficient cause that renders a person unfit to practice dietetics. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 457-9.3 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-9.3
Learning activity options.
Status: in_force

[§457-9.3]Learning activity options. The successful completion of one of the following shall meet the learning activity options requirements for continuing competency:

(1) National certification or recertification related to the nurse's practice role;

(2) Thirty contact hours of continuing education activities;

(3) Completion of a board approved refresher course;

(4) Completion of a minimum of two semester credits of post-licensure academic education related to nursing practice from an accredited nursing program;

(5) Participation as a preceptor, for at least one nursing student or employee transitioning into new clinical practice areas for at least one hundred twenty hours, in a one-to-one relationship as part of an organized preceptorship program; provided that the licensee may precept more than one student or employee during the one hundred twenty hours and shall be evidenced by documentation of hours completed and objectives of the preceptorship by the institution supervising the student;

(6) Completion as principal or co-principal investigator of a nursing research project that is an institution review board project or evidence-based practice project that has been preapproved by the board;

(7) Authoring or coauthoring a peer reviewed published nursing or health-related article, book, or book chapter;

(8) Developing and conducting a nursing education presentation or presentations totaling a minimum of five contact hours of actual organized instruction that qualifies as continuing education;

(9) Completion of a board-recognized nurse residency program; or

(10) A similar type of learning activity option; provided that the type of activity shall be recognized by the board. [L 2015, c 127, pt of §2]

Revision Note

Subsection (a) designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 441-36 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-36
Perpetual care required.
Status: in_force

Any cemetery hereafter established shall be a perpetual care cemetery. No existing cemetery shall be operated as, or advertised or represented to be, a perpetual care cemetery except in compliance with this chapter. Every cemetery authority operating a perpetual care cemetery shall establish a perpetual care fund.
Haw. Rev. Stat. § 466D-9 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-9
Licensure by endorsement.
Status: in_force

The director may issue a license by endorsement to an applicant who holds a current and unencumbered license as a respiratory therapist in another state; provided that the requirements for a license in that state are deemed by the director to be equivalent to or higher than the current requirements for licensure in this State.
Haw. Rev. Stat. § 440E-29 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-29
Cumulative 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 of this State.
Haw. Rev. Stat. § 440G-16 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-16
Rules.
Status: in_force

[§440G-16 Rules.] The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
Haw. Rev. Stat. § 441-24.7 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-24.7
Actuarial study, audited financial statement, trust agreement; available for review.
Status: in_force

(a) The actuarial study, audited financial statement, and trust agreement filed by a cemetery or pre-need funeral authority, as required by this chapter, shall be available for review by any member of the general public upon request. The review of these documents shall be done during the department's normal business hours. The director shall have the right to deny review for reasons specified in rules adopted by the director pursuant to chapter 91.

(b) Upon delivery of an itemized price list to a prospective purchaser and upon execution of a contract for perpetual care and pre-need services, the cemetery or pre-need funeral authority shall notify the person of the availability for review of the actuarial study, audited financial statement, and trust agreement on file with the department as provided in this section. [L 1985, c 101, §26]
Haw. Rev. Stat. § 449-8.6 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-8.6
Sale or transfer of license or change in control.
Status: in_force

(a) No escrow depository license shall be transferred except as provided in this section.

(b) A bona fide sale of all or substantially all of the ongoing operations of a licensee shall not result in the assignment or transfer of the escrow depository license, until approved by the commissioner as provided in this section. The proposed purchaser of all or substantially all of the ongoing operations of a licensee shall file an application for approval of a proposed change in control of the licensee, accompanied by a nonrefundable application fee in accordance with this chapter, and shall not act as an escrow depository until the application has been approved by the commissioner.

(c) Any transfer of a licensee's voting stock which may result in the acquisition of control of the licensee may be considered a transfer of license under this chapter, and prior to the transfer shall be reported to the commissioner in writing. Upon determination by the commissioner that the intended transfer will result in the acquisition of control, the proposed purchaser or transferee of the stock shall file an application for approval of a proposed change in control of the licensee, accompanied by a nonrefundable application fee in accordance with this chapter, and shall not act as an escrow depository until the application has been approved by the commissioner.

(d) At the time of filing an application for approval of a proposed change in control of the licensee, the proposed purchaser or transferee shall provide to the commissioner the history of its material litigation and criminal convictions for the five-year period prior to the date of the application, and any other information requested by the commissioner which may include information similar to that required of an applicant for initial licensure or license renewal under this chapter. The proposed purchaser or transferee shall also provide any authorizations necessary for the commissioner to conduct criminal history record checks of each of the purchaser or transferee's controlling persons, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the proposed application for change in control. The authorizations shall be accompanied by the appropriate payment of the applicable fee for each record check.

(e) Approval of the application for change in control of the licensee shall be granted only if the commissioner finds that following the change in control of the licensee, the character, financial responsibility, experience, ability, and general fitness of the controlling persons of the applicant for proposed change in control of the licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the proposed application for change in control, are such as to command the confidence of the community in the State and to warrant the beliefs that such persons are competent to successfully control and manage an escrow business and the applicant will be an honest and efficient escrow depository.

(f) In granting approval, the commissioner may impose such conditions and restrictions as shall be in the public interest, including without limitation requiring the proposed purchaser or transferee to fulfill representations contained in its application for approval of a proposed change in control of the licensee, and agreements made during the application process. [L 1992, c 205, pt of §1; am L 2013, c 166, §6; am L 2016, c 224, §5]
Haw. Rev. Stat. § 468E-13.5 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-13.5
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 board 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 board 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 board 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 board 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 board 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, §29]
Haw. Rev. Stat. § 468E-15 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-15
REPEALED.
Status: in_force

L 1992, c 202, §237.
Haw. Rev. Stat. § 443B-4.62 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.62
Audits.
Status: in_force

(a) When the director has reasonable cause to believe that a registrant created deficiencies or other problems in accounts which hold funds or other forms of payment collected on behalf of a complainant, the director may order an audit of the account or accounts, or an unannounced verification of the account's cash balance. The audit or verification shall be conducted by a certified public accountant, public accountant, or other designee of the director.

(b) If an audit or unannounced verification of an account ordered by the director reveals deficiencies or other problems in accounts which hold client funds and other forms of payment, the cost of the audit or the verification shall be paid by the collection agency. If an audit or unannounced verification of an account ordered by the director does not reveal deficiencies and problems in accounts, the cost of the audit or unannounced verification shall be paid by the complainant. Failure of a collection agency to pay for an audit or unannounced verification within thirty days of receipt of the billing statement shall result in suspension of the agency's registration until payment is made. [L 1990, c 246, pt of §1]
Haw. Rev. Stat. § 462A-17 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-17
Description of pilotage waters.
Status: in_force

Pilotage waters as established under this chapter shall be the waters of the State described as follows:

(1) Port Allen: All waters inside a line drawn from Puolu Point to Weli Point.

(2) Nawiliwili: All waters inside a line drawn from Ninini Point to Kawaii Point.

(3) Honolulu: All waters inside a line drawn from Diamond Head Light, 278° true, to the intersection of a line drawn from the seaward edge of the reef runway at Latitude 21°-18.2' North and Longitude 157°-55.6' West, 180° true.

(4) Kahului: All waters inside a line drawn from Waiehu Point to Waihee Reef Lighted Buoy 2 in Latitude 20° 55.9' North and Longitude 156° 28.5' West and thence to Papaula Point.

(5) Hilo: All waters inside a line drawn from the outer extremity of the Hilo Bay breakwater to Paukaa Point Light.

(6) Kawaihae: All waters inside a line drawn from the outer extremity of the Kawaihae Harbor breakwater due West to Longitude 155° 51' West, thence due North to Latitude 20°03' North and thence due East to where it intersects with the shoreline.

(7) Barbers Point: All waters inside a line drawn from the northernmost refinery tower, 250° true, to the intersection of a line drawn tangentially to Maile Point, 165° true. [L 1978, c 231, pt of §2; am L 1986, c 104, §1; am L 1992, c 25, §2]

Revision Note

In paragraph (6), "20°03'" substituted for "20°03°".
Haw. Rev. Stat. § 467E-6 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-6
Exemptions.
Status: in_force

Licensure shall not be required of:

(1) [Paragraph effective until June 30, 2026. For paragraph effective July 1, 2026, see below.] Any licensed person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of social work; provided the person does not purport to be a social worker;

(1) [Paragraph effective July 1, 2026. For paragraph effective until June 30, 2026, see above.] Any licensed person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of social work; provided that the person does not purport to be a social worker;

(2) Any person employed by a federal, state, or county government agency in a social worker position, but only at those times when that person is carrying out the duties and responsibilities as a social worker in governmental employment;

(3) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a degree in social work; provided that the student's activities and services are part of a prescribed course of study supervised by the educational institution, and the student is identified by an appropriate title such as "social work student", "social work intern", or any other title which clearly indicates the student's training status;

(4) Any person who is a member of a mental health profession not requiring licensure; provided that the person functions only within the person's professional capacities; and provided further that the person does not purport to be a social worker;

(5) Any person teaching, lecturing, consulting, or engaging in research in social work insofar as the activities are performed as part of or are dependent upon employment in a college or university; provided that the person shall not engage in the practice of social work outside the responsibilities of the person's employment;

(6) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person's capacities as a member of the clergy; and provided further that the person does not purport to be a social worker;

(7) Any person who is obtaining supervised clinical experience for licensure as a psychologist, marriage and family therapist, or as another licensed professional; provided that the person's title indicates a trainee status; and provided further that the person does not purport to be a social worker; and

(8) [Paragraph effective until June 30, 2026. For paragraph effective July 1, 2026, see below.] Any person in the process of obtaining three thousand hours of post masters clinical social work experience under the supervision of a licensed clinical social worker or individual identified in section 467E-7(3)(C)(ii) in order to qualify for a license as a licensed clinical social worker; and provided that the person calls oneself a clinical social work intern and is supervised while performing clinical diagnosis and psychotherapy.

(8) [Paragraph effective July 1, 2026. For paragraph effective until June 30, 2026, see above.] Any person in the process of obtaining three thousand hours of post masters clinical social work experience under the supervision of a licensed clinical social worker or individual identified in section 467E-7(a)(3)(C)(ii) in order to qualify for a license as a licensed clinical social worker; and provided that the person calls oneself a clinical social work intern and is supervised while performing clinical diagnosis and psychotherapy. [L 1994, c 251, pt of §2; am L 2002, c 167, §10; am L 2024, c 93, §31]
Haw. Rev. Stat. § 441-14 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-14
Dedication to cemetery purposes does not violate laws against perpetuities.
Status: in_force

Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to and for the benefit of the general public.
Haw. Rev. Stat. § 457G-1 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-1
Definitions.
Status: in_force

As used in this chapter unless the context otherwise requires:

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

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

"Foreign-trained person" means a person who has completed an educational program or course of study in occupational therapy in an institution located outside the United States.

"Occupational therapist" means a person who engages in the practice of occupational therapy in this State.

"Occupational therapy assistant" means a person who engages in the practice of occupational therapy under the supervision of and in partnership with an occupational therapist. [L 2001, c 198, pt of §1; am L 2003, c 97, §5; am L 2014, c 209, §3]
Haw. Rev. Stat. § 436B-12 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-12
Criminal conviction.
Status: in_force

When an applicant has been convicted of a penal crime directly related to the profession, vocation, or occupation for which licensure is sought, and it is determined that the conviction may be considered under section 831-3.1, the department, executive secretary, or the licensing authority's designee may request the following documents from the applicant:

(1) Copies of any court records, orders, or other documents that state the facts and statutes upon which the applicant was convicted, the verdict of the court with regard to that conviction, the sentence imposed, and the actual terms of the sentence; and

(2) Affidavits from any parole officer, employer, or other persons who can attest to a firm belief that the applicant has been sufficiently rehabilitated to warrant public trust. [L 1991, c 111, pt of §2]
Haw. Rev. Stat. § 454F-19 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-19
Unique identifier shown.
Status: in_force

The unique identifier of any person originating a residential mortgage loan, except a person who is exempt from this chapter, shall be clearly shown on all residential mortgage loan application forms, solicitations, and advertisements, including business cards or websites, and any other documents as established by rule or order of the commissioner. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §24; am L 2014, c 198, §8]
Haw. Rev. Stat. § 437-42 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-42
Sections 445-171 and 445-172 not to apply.
Status: in_force

Sections 445-171 and 445-172 do not apply to dealers and salespersons licensed under this chapter.
Haw. Rev. Stat. § 463E-16 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-16
Qualifications; ankle fracture surgery.
Status: in_force

A podiatric physician may perform ankle fracture surgery if the podiatric physician is board qualified or board certified in reconstructive rearfoot ankle surgery by the American Board of Podiatric Surgery and has completed a thirty-six-month podiatric surgical residency.
Haw. Rev. Stat. § 437B-9 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-9
Fees: application; biennial renewals; license; restoration.
Status: in_force

(a) The fees for each application, original biennial license, and renewal for the motor vehicle repair dealer and the motor vehicle mechanic shall be as provided in rules adopted by the department pursuant to chapter 91. At the time of license renewal, each licensee shall submit a completed renewal application and all applicable fees, and shall demonstrate continued compliance with all license and certification requirements.

(b) Any motor vehicle repair dealer maintaining more than one motor vehicle repair facility shall separately license each repair facility, providing the name of the full-time motor vehicle mechanic for the facility, and pay a fee for each facility.

(c) The renewal fee shall be paid to the board on or before June 30 of each odd-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee before the date shall constitute a forfeiture of the license. Any license may be restored within one year after the date of forfeiture upon compliance with the renewal requirements and upon written application and the payment of the required fee plus an amount equal to fifty per cent thereof. Any licensee who fails to restore a license within one year from the date of forfeiture shall reapply for a license as a new applicant. [L 1975, c 143, pt of §2; am L 1984, c 7, §6; am L 1986, c 150, §3; am L 1993, c 110, §3; am L 1998, c 199, §6]
Haw. Rev. Stat. § 466J-1 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-1
Definitions.
Status: in_force

As used in this chapter:

"Approved school for radiologic technologists", "approved training program for radiographers", "approved training program for radiation therapists", and "approved training program for nuclear medicine technologists" mean a school or training program determined by the board to provide a course of instruction in radiologic technology that is adequate to meet the purposes of this chapter.

"Board" means the radiologic technology board.

"Certified" means holding a license issued by the board when used in conjunction with the title "radiographer", "radiation therapist", or "nuclear medicine technologist".

"Department" means the department of health.

"Director" means the director of health.

"Nuclear medicine technologist" means any person who administers radiopharmaceuticals to human beings and conducts in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes.

"Nuclear medicine technology" means the application of radiopharmaceuticals to human beings and the performance of in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes.

"Radiation therapist" means any person who applies ionizing radiation to human beings for therapeutic purposes.

"Radiation therapy technology" means the application of ionizing radiation to human beings for therapeutic purposes.

"Radiographer" means any person who applies x-rays to human beings for diagnostic purposes.

"Radiography" means the application of x-rays to human beings for diagnostic purposes.

"Radiologic technologist" means any person who applies x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes.

"Radiologic technology" means the application of x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes.

"Supervision" means responsibility for, and control of, quality, radiation safety, and technical aspects of all x-ray, radiopharmaceutical, or ionizing radiation examinations and procedures. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §4; am L 1995, c 143, §2]
Haw. Rev. Stat. § 448E-5.5 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-5.5
Examination.
Status: in_force

(a) Every applicant shall be examined and shall pass an examination to be eligible for licensure. The board shall provide in its rules the passing score for the examination. The board may examine applicants or may contract with professional testing services to prepare, administer, and grade the examination as may be required for the purpose of this section.

(b) Every applicant shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91. Should the board contract with a professional testing agency to prepare, administer, and grade the examination, the examination fee may be paid directly to the testing agency by the director or the examinee. [L 1986, c 141, §1]
Haw. Rev. Stat. § 437-41 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-41
Liberal interpretation.
Status: in_force

All provisions in this chapter shall be liberally interpreted to protect the public from fraud in the business of purchasing or selling motor vehicles and to protect the investments of its citizens in motor vehicles and dealerships and to protect the transportation system of the State and shall further be interpreted to affect existing as well as future franchise agreements.
Haw. Rev. Stat. § 448-21 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-21
Criminal penalties.
Status: in_force

Any person who violates, or fails to comply with, any of the provisions of this chapter, where a criminal penalty is not otherwise provided, shall be fined not more than $500 or imprisoned not more than six months, and each day's violation or failure to comply with the provisions hereof shall be deemed a separate offense.

Upon any subsequent conviction under this section, the person shall be fined not more than $1,000 and imprisoned not more than one year.

All tools, implements, medicines, and drugs used by any person in the practice of dentistry without a license, shall be seized by the officers of the law, and upon conviction of the person for any violation of this chapter, the tools, implements, medicines, and drugs shall be declared forfeited to the State by the court and ordered destroyed. [L 1903, c 40, §15; am L 1917, c 136, §8; am L 1919, c 52, §1; RL 1925, §1081; am L 1929, c 159, §1; RL 1935, §996; am L 1935, c 87, §1; RL 1945, §2168; RL 1955, §61-21; HRS §448-21; am L 1986, c 26, §4]
Haw. Rev. Stat. § 448-1 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-1
Dentistry defined; exempted practices.
Status: in_force

A person practices dentistry, within the meaning of this chapter, who represents oneself as being able to diagnose, treat, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, alveolar process, gums, or jaw, or who offers or undertakes by any means or methods to diagnose, treat, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the same, or to take impressions of the teeth or jaws; or who owns, maintains, or operates an office for the practice of dentistry; or who engages in any of the practices included in the curricula of recognized and approved dental schools or colleges. Dentistry includes that part of health care concerned with the diagnosis, prevention, and treatment of diseases of the teeth, oral cavity, and associated structures including the restoration of defective or missing teeth. The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign, or other media whereby one represents oneself to be a dentist, shall be prima facie evidence that the person is engaged in the practice of dentistry.

The following practices, acts, and operations, however, are exempt from the operation of this chapter:

(1) The rendering of dental relief in emergency cases in the practice of one's profession by a physician or surgeon, licensed as such and registered under the laws of this State, unless one undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace in the human mouth lost or missing teeth;

(2) The practice of dentistry in the discharge of their official duties by dentists in the United States Army, the United States Navy, the United States Air Force, the United States Public Health Service, or the United States Department of Veterans Affairs;

(3) The practice of dentistry by licensed dentists of other states or countries at meetings of the Hawaii Dental Association or component parts thereof, alumni meetings of dental colleges, or any other like dental organizations, while appearing as clinicians;

(4) The use of roentgen and other rays for making radiograms or similar records of dental or oral tissues;

(5) The making of artificial restorations, substitutes, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues, or parts, upon orders, prescription, casts, models, or from impressions furnished by a Hawaii licensed dentist; and

(6) The ownership and management of a dental practice by the executor or administrator of a dentist's estate or the legal guardian or authorized representative of a dentist, where the licensed dentist has died or is incapacitated, for the purpose of winding down, transferring, or selling the practice, for a period not to exceed one year from the time of death or from the date the dentist is declared incapacitated; provided that all other aspects of the practice of dentistry are performed by one or more licensed dentists. [L 1903, c 40, §1; am L 1917, c 136, §1; RL 1925, §1065; RL 1935, §980; am L 1937, c 220, §1; RL 1945, §2151; am L 1955, c 170, §1; RL 1955, §61-1; HRS §448-1; am L 1983, c 220, §1; am L 2007, c 176, §1; am L 2017, c 12, §1]
Haw. Rev. Stat. § 456-26 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-26
[ §456-26] Validity of notarial acts.
Status: in_force

[ §456-26] Validity of notarial acts . Except as otherwise provided in section 456-14(b), the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not validate or invalidate a notarial act performed by the notary public. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the document or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this State other than this chapter or based on the laws of the United States. This section shall not be deemed to validate a purported notarial act performed by a person who does not have the authority to perform notarial acts.
Haw. Rev. Stat. § 437-39 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-39
Enforcement.
Status: in_force

When necessary, the board may enforce this chapter, including any rule adopted thereunder or decision rendered thereunder by applying to the circuit court for any relief which may be appropriate, including injunctive relief. Further, the board may apply to the circuit court for any relief which may be appropriate including injunctive relief to enjoin any licensee or other person who violates or threatens to violate any provision of this chapter, including any rule adopted thereunder.
Haw. Rev. Stat. § 453-4.6 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-4.6
[ §453-4.
Status: in_force

[ §453-4.6] Licensure by endorsement. (a) The board may issue a license by endorsement to a physician, surgeon, or osteopathic physician if:

(1) The applicant:

(A) Files an application and pays fees as prescribed by the board;

(B) Holds a current, unencumbered, active license in a jurisdiction that requires qualifications substantially equivalent to or greater than the qualifications for licensure in this State as specified in section 453-4; and

(C) Submits proof satisfactory to the board that the applicant has actively practiced medicine in another jurisdiction for at least two of the immediate preceding five years; and

(2) The board determines that no disciplinary action has been taken by any medical licensing authority and the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitute evidence of a pattern of negligence or incompetence.

(b) The board may require an applicant seeking licensure by endorsement to take and pass the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable-Purpose Examination – USA (COMVEX-USA) to assist the board in determining the applicant's ability to safely and competently engage in the practice of medicine. [L 2018, c 44, §2]
Haw. Rev. Stat. § 443B-17 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-17
Unreasonable publication.
Status: in_force

No collection agency shall unreasonably publicize information relating to any alleged indebtedness or debtor, in any of the following ways:

(1) The disclosure, publication, or communication of any false information relating to the indebtedness of a debtor or alleged debtor to any employer or the employer's agent;

(2) The disclosure, publication, or communication of false information relating to the indebtedness of a debtor or alleged debtor to any relative or family member of the debtor or alleged debtor;

(3) The disclosure, publication, or communication of any information by a collection agency relating to the indebtedness of a debtor or alleged debtor by publishing or posting any list of debtors, except for the publication of "stop lists" to point-of-sale locations where credit is extended, or by advertising for sale any claim to enforce payment thereof or in any other manner other than through proper legal action, process, or proceeding; and

(4) The use of any form of communication by a collection agency to the debtor or alleged debtor, which ordinarily may be seen by any other person, that displays or conveys any information about the alleged claim other than the name, address, and phone number of the collection agency. [L 1987, c 191, pt of §1]
Haw. Rev. Stat. § 457-3 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-3
State board of nursing; appointment; term of office.
Status: in_force

The board shall consist of nine members as follows:

(1) Six shall be registered nurses, one of whom shall be licensed as an advanced practice registered nurse in this State;

(2) One shall be a licensed practical nurse; and

(3) Two shall be public members.

Both nursing education and direct providers of nursing services shall be represented on the board. The term of office for members of the board shall be four years. No member shall be appointed to more than two consecutive terms or serve more than eight consecutive years. Six members of the board shall be residents of the city and county of Honolulu and three shall be residents of counties other than the city and county of Honolulu. [L 1970, c 71, pt of §1; am L 1978, c 208, §7; am L 1992, c 202, §106; am L 1994, c 277, §5; am L 2000, c 61, §1; am L 2014, c 46, §4; am L 2016, c 8, §2]
Haw. Rev. Stat. § 453-12 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-12
Perjury.
Status: in_force

Any person who wilfully and knowingly makes under oath any false statement in connection with any such proceeding before the board shall be guilty of perjury and shall be subject to the penalty prescribed by law for perjury. Whenever the board is satisfied that the witness has committed perjury in any proceeding before the board, it shall report the same to the prosecuting officer of the county in which the perjury took place, who shall prosecute the witness for perjury.
Haw. Rev. Stat. § 440-8.5 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-8.5
Powers and duties of the commission.
Status: in_force

In addition to any other powers and duties authorized by law, the commission shall adopt rules pursuant to chapter 91 to provide for the following:

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

(2) A public record accounting for the distribution of all tickets provided to the commission by a promoter and anything else of value which is provided to the commission;

(3) Clinics or seminars on health and safety for licensees, as deemed necessary by the commission;

(4) A mandatory neurological examination for any boxer who is knocked out in a boxing contest, and an eye examination as part of a boxer's annual medical examination;

(5) An automatic medical suspension from boxing for a period of time to be determined by the commission for any boxer who is knocked out from head blows or who has received a severe beating about the head. The period of time of the automatic medical suspension shall be based upon the severity of the beating received by the boxer;

(6) Procedures to evaluate the professional records and physician's certification of each boxer participating in a professional boxing contest in the State and to deny authorization to a boxer to fight when the requirements of this paragraph are not met;

(7) Procedures to ensure that no boxer is permitted to box while under suspension from any boxing commission due to:

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

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

(C) Failure of any drug test; or

(D) The use of false aliases or falsifying or attempting to falsify official identification cards or documents relating to boxing;

(8) Procedures to review a suspension if appealed by a boxer, including an opportunity for a boxer to present contradictory evidence;

(9) Procedures to revoke a suspension if a boxer 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

(10) Establishing a boxing registry and the issuance of an identification card to boxers. [L 1986, c 135, §5; am L 1987, c 126, §1; am L 1992, c 202, §48; am L 2004, c 135, §7]
Haw. Rev. Stat. § 468M-12 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-12
Restitution.
Status: in_force

Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice.
Haw. Rev. Stat. § 437D-18 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-18
Power and duties of the director.
Status: in_force

The director shall have the power and duty to adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter and to do all things necessary to carry out the functions, powers, and duties set forth in this chapter.
Haw. Rev. Stat. § 461-15 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-15
Miscellaneous permits.
Status: in_force

(a) It shall be unlawful:

(1) For any person to sell or offer for sale at public auction, or to sell or offer for sale at private sale in a place where public auctions are conducted, any prescription drugs without first obtaining a permit from the board of pharmacy to do so;

(2) For any person to distribute or dispense samples of any prescription drugs without first obtaining a permit from the board to do so; provided that nothing in this paragraph shall interfere with the furnishing of samples or drugs directly to physicians, druggists, dentists, veterinarians, and optometrists for use in their professional practice;

(3) For wholesalers to sell, distribute, or dispense any prescription drug, except to a pharmacist, physician, dentist, veterinarian, or optometrist who is allowed to use pharmaceutical agents under chapter 459 or to a generally recognized industrial, agricultural, manufacturing, or scientific user of drugs for professional or business purposes; provided that it shall be unlawful for wholesalers to sell, distribute, or dispense any prescription pharmaceutical agent that is not approved by the Hawaii board of optometry;

(4) For any wholesale prescription drug distributor to sell or distribute medical oxygen except to a:

(A) Licensed practitioner with prescriptive authority;

(B) Pharmacist;

(C) Medical oxygen distributor;

(D) Patient or a patient's agent pursuant to a prescription; or

(E) Emergency medical services for administration by trained personnel for oxygen deficiency and resuscitation;

(5) For any medical oxygen distributor to supply medical oxygen pursuant to a prescription order, to a patient or a patient's agent, without first obtaining a permit from the board to do so;

(6) For any person, as principal or agent, to conduct or engage in the business of preparing, manufacturing, compounding, packing, or repacking any drug without first obtaining a permit from the board to do so; and

(7) For any out-of-state pharmacy or entity engaging in the practice of pharmacy, in any manner to distribute, ship, mail, or deliver prescription drugs or devices into the State without first obtaining a permit from the board; provided that the applicant shall:

(A) Provide the location, names, and titles of all principal corporate officers;

(B) Attest that the applicant or any personnel of the applicant has not been found in violation of any state or federal drug laws, including the illegal use of drugs or improper distribution of drugs;

(C) Submit verification of a valid unexpired license, permit, or registration in good standing to conduct the pharmacy in compliance with the laws of the home state and agree to maintain in good standing the license, permit, or registration; and

(D) Have in its employ a registered pharmacist whose registration is current and in good standing.

(b) A person whose application for a permit has been denied may file for an administrative hearing in conformity with chapter 91. [L 1949, c 175, pt of §1; am L 1953, c 76, §2; RL 1955, §71-15; HRS §461-15; am L 1985, c 294, §5; am L 1993, c 259, §1; am L 2000, c 83, §7; am L 2002, c 164, §5; am L 2018, c 203, §6]
Haw. Rev. Stat. § 453-54 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-54
[ §453-54] Limitation of liability.
Status: in_force

[ §453-54] Limitation of liability. A health professional who provides expedited partner therapy as authorized under section 453-52, a person licensed or otherwise authorized by law to practice medicine or surgery under this chapter, an advanced practice registered nurse with prescriptive authority under chapter 457, or a pharmacist who is licensed or otherwise authorized to engage in the practice of pharmacy under chapter 461, who reasonably and in good faith renders the expedited partner therapy in accordance with this section and the rules and regulations adopted by the director of commerce and consumer affairs, shall not be subject to civil or criminal liability or be deemed to have engaged in unprofessional conduct for rendering that therapy.
Haw. Rev. Stat. § 451J-13 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-13
Therapist prohibited from testifying in alimony and divorce actions.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of therapy. This section shall not apply to custody actions whether or not part of a divorce proceeding.

§451J-13 Therapist prohibited from testifying in alimony and divorce actions. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist or licensed associate marriage and family therapist, the therapist shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of therapy. This section shall not apply to custody actions whether or not part of a divorce proceeding. [L 1998, c 159, pt of §2; am L 2024, c 93, §10]
Haw. Rev. Stat. § 457G-6 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-6
Biennial renewal; failure to renew; restoration, inactive license; conversion from registration.
Status: in_force

(a) The biennial renewal fee shall be paid to the department on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before this date shall constitute a forfeiture of the license. A forfeited license may be restored upon written application within one year from the date of forfeiture and the payment of the delinquent fee plus an amount equal to fifty per cent of the delinquent fee.

(b) Upon written application by the licensee, the director may place the licensee's active license on inactive status. During the inactive period, a licensee shall not engage in the practice of occupational therapy. The license may be reactivated at any time by the licensee by submitting a written application to the director and payment of the renewal and any other applicable fees. A licensee's inactive status shall not deprive the director of the director's authority to institute or continue any disciplinary or enforcement action against the licensee.

(c) Effective with the December 31, 2014, renewal period, each active occupational therapist registration shall be converted to an active occupational therapist license by operation of law. The conversion from registration to licensure shall not:

(1) Affect any prior discipline, limitation, or condition imposed by the director on an occupational therapist's registration;

(2) Limit the director's authority over any registrant; or

(3) Affect any pending investigation or administrative proceeding.

(d) Effective January 1, 2015, the director shall treat any application pending for an occupational therapist registration as an application for licensure, and the application shall be subject to the requirements established by the director in accordance with this chapter. [L 2014, c 209, pt of §2]
Haw. Rev. Stat. § 437-38 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-38
REPEALED.
Status: in_force

L 1973, c 129, §1(i).
Haw. Rev. Stat. § 468L-10 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-10
Consumer right of action.
Status: in_force

Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suit, including reasonable attorney's fees.
Haw. Rev. Stat. § 454M-3 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-3
Exemptions.
Status: in_force

This chapter shall not apply to the following:

(1) Any persons chartered or authorized under the laws of any state or federal law to engage in the activity of an insured depository institution as defined in title 12 United States Code section 1813(c)(2), including banks or savings associations, and operating subsidiaries of an insured depository institution;

(2) Trust companies, credit unions, insurance companies, and financial service loan companies licensed by the State;

(3) The Federal Deposit Insurance Corporation, in connection with assets acquired, assigned, sold, or transferred pursuant to section 13(c) of the Federal Deposit Insurance Act or as receiver or conservator of an insured depository institution;

(4) The Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; the Federal Deposit Insurance Corporation; the United States Department of Housing and Urban Development, and the Government National Mortgage Association and the Federal Housing Administration, and cases in which a mortgage insured under the National Housing Act, 12 United States Code section 1701 et seq., is assigned to the United States Department of Housing and Urban Development; the National Credit Union Administration; the Farmers Home Administration or its successor agency under Public Law 103-354; and the Department of Veterans Affairs, in any case in which the assignment, sale, or transfer of the servicing of the mortgage loan is preceded by termination of the contract for servicing the loan for cause, commencement of proceedings for bankruptcy of the servicer, or commencement of proceedings by the Federal Deposit Insurance Corporation for conservatorship or receivership of the servicer or an entity by which the servicer is owned or controlled;

(5) Any person making or acquiring contemporaneously no more than five residential mortgage loans with that person's own funds for that person's own investment; and

(6) A developer of a time share plan, or an affiliated entity of a developer of a time share plan, servicing a loan that is:

(A) Made by the developer or the developer's affiliated entity; and

(B) Secured by a lien on a time share interest. [L 2009, c 106, pt of §1; am L 2016, c 122, §21]
Haw. Rev. Stat. § 461-21 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-21
Disciplinary action.
Status: in_force

(a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license, registration, or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee, registrant, or permit holder for any cause authorized by law, including but not limited to the following:

(1) Procuring a license or registration through fraud, misrepresentation, or deceit;

(2) Professional misconduct, gross carelessness, or manifest incapacity;

(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter;

(4) Violation of any of the provisions of this chapter or the rules adopted pursuant to this chapter;

(5) Violation of any federal or state drug, controlled substance, or poison law;

(6) False, fraudulent, or deceptive advertising;

(7) Any other conduct constituting fraudulent or dishonest dealings;

(8) Failure to comply with a board order;

(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;

(10) Habitual intemperance or addiction to the use of habit-forming drugs;

(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or

(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.

(b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant to this chapter shall be fined no less than $100 and no more than $1,000 for each violation.

(c) All proceedings for denial, suspension, fine, or revocation of a license, registration, or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review. [L 1986, c 143, §2; am L 1992, c 202, §139; am L 2004, c 165, §4; am L 2012, c 42, §5; am L 2015, c 36, §4; am L 2017, c 67, §7 and c 68, §5; am L 2025, c 93, §8]
Haw. Rev. Stat. § 452-4 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-4
Creation of state board; qualifications.
Status: in_force

(a) There is established within the department of commerce and consumer affairs for administrative purposes a state board of massage therapy consisting of five members.

(b) Three members shall have at least three years of practical experience as licensed massage therapists, who shall be actively employed as massage therapists, and two shall be public members.

(c) Board members affiliated with any school teaching massage or any apprenticeship or other massage therapy training program shall disclose that affiliation and shall at all times adhere to the provisions of chapter 84 and the interpretations of that chapter by the state ethics commission. [L 1947, c 192, §4; RL 1955, §63-4; am L Sp 1959 2d, c 1, §5; HRS §452-4; am L 1978, c 208, §5; am L 1980, c 208, §6; am L 1982, c 204, §8; am L 1987, c 190, §4; am L 1989, c 204, §3; am L 1992, c 202, §95; ree L 1993, c 322, §8; am L 1994, c 5, §4]
Haw. Rev. Stat. § 436E-9 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-9
Biennial renewal.
Status: in_force

Every person holding a license under this chapter shall register with the board and pay a biennial fee on or before June 30 of each odd-numbered year. Failure to pay the biennial fee shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after the expiration upon filing of an application and payment of a restoration fee.
Haw. Rev. Stat. § 457-2.6 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-2.6
Licensed practical nurse.
Status: in_force

[§457-2.6]Licensed practical nurse . Practice as a licensed practical nurse means the directed scope of nursing practice, regardless of compensation or personal profit, that takes place under the direction of a registered nurse, advanced practice registered nurse, licensed physician, or other health care provider authorized by the State, and is guided by the scope of practice authorized by this chapter, the rules of the board, and nursing standards established or recognized by the board including but not limited to:

(1) The National Council of State Boards of Nursing Model Nursing Practice Act, Article II, Scope of Nursing Practice, section 3; and

(2) The National Council of State Boards of Nursing Model Nursing Administrative Rules, Chapter Two, Standards of Nursing Practice, sections 2.3.1 through 2.3.3;

provided that NCSBN shall have no legal authority over the board and shall have no legal authority or powers of oversight of the board in the exercise of its powers and duties authorized by law. [L 2010, c 57, pt of §2]
Haw. Rev. Stat. § 468M-2 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-2
Registration required.
Status: in_force

(a) Activity desks shall register with the director prior to engaging in the business of selling, contracting for, arranging, or advertising that it can or will arrange, activities which are furnished by an activity provider. Notwithstanding section 468M-7, any activity desk that violates the provisions of this section or rules promulgated pursuant thereto shall be fined a sum of $100 for each day the activity desk is in violation. The sum shall be collected in a civil suit brought by the department.

(b) Registration shall expire on December 31 of each odd-numbered year. Before December 31 of each odd-numbered year, the director or the director's authorized delegate shall mail a renewal application for registration to the address on record of the registrant.

(c) The director by rule, shall establish fees and requirements for registration, maintenance of registration, renewal, restoration of registration, of activity desks. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2]
Haw. Rev. Stat. § 441-5.5 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-5.5
Family burial plots.
Status: in_force

Owners of residential or agricultural property who use or intend to use their property for the interment of family members, shall be exempt from the provisions of this chapter; provided:

(1) Burial plots on the owner's property shall be offered to family members only;

(2) Burial plots shall not be sold or transferred to anyone, except as part of a sale or transfer of all or a substantial portion of the property; and

(3) Any subsequent disinterment of any person interred on the property shall be conducted as though the property were cemetery property under section 6E-41. [L 1996, c 145, §2]
Haw. Rev. Stat. § 460J-31 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-31
REPEALED.
Status: in_force

L 1992, c 202, §224.
Haw. Rev. Stat. § 448-6 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-6
Powers and duties, meetings.
Status: in_force

(a) The board shall meet for the purpose of examining applicants and for other purposes at times that it designates. Adequate statewide public notice of the times and places of examinations shall be given. The board may prescribe which members shall participate in the examination and licensing procedures.

(b) In addition to any other powers and duties authorized by law, the board shall adopt rules pursuant to chapter 91 as it deems proper and necessary for the performance of its work. [L 1903, c 40, §4; RL 1925, §1070; RL 1935, §985; RL 1945, §2156; am L 1947, c 170, §2; am L 1949, c 177, §2; am L 1955, c 170, §2; RL 1955, §61-6; HRS §448-6; am L 1980, c 249, §2; am L 1981, c 82, §27; am L 1982, c 64, §1; am L 1983, c 220, §3; am L 1985, c 255, §2; am L 1992, c 202, §73; am L 1997, c 89, §1; am L 1998, c 2, §102; am L 2014, c 20, §1]
Haw. Rev. Stat. § 451J-5 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-5
Prohibited acts.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Except as specifically provided elsewhere in this chapter, no person shall use the title marriage and family therapist or licensed marriage and family therapist without first having secured a license under this chapter. The department shall investigate and prosecute any individual using the title of marriage and family therapist or licensed marriage and family therapist without being properly licensed as a marriage and family therapist. Any person who violates this section shall be subject to a fine of not more than $1,000 per violation. Each day's violation shall be deemed a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action.

§451J-5 Prohibited acts. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] Except as specifically provided elsewhere in this chapter, no person shall use the title marriage and family therapist, licensed marriage and family therapist, associate marriage and family therapist, or licensed associate marriage and family therapist without first having secured a license under this chapter. The department shall investigate and prosecute any individual using the title of marriage and family therapist, licensed marriage and family therapist, associate marriage and family therapist, or licensed associate marriage and family therapist without being properly licensed as a marriage and family therapist or an associate marriage and family therapist. Any person who violates this section shall be subject to a fine of no more than $1,000 per violation. Each day's violation shall be deemed a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action. [L 1998, c 159, pt of §2; am L 2016, c 29, §7; am L 2024, c 93, §5]
Haw. Rev. Stat. § 448F-1 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-1
Purpose.
Status: in_force

The purpose of this chapter is the protection of public health and safety through the licensing and regulation of electrologists.
Haw. Rev. Stat. § 454F-53 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-53
[ §454F-53] Definitions.
Status: in_force

[ §454F-53] Definitions. In this part, unless the context or subject matter otherwise requires:

"Depository institution" has the same meaning as in title 12 United States Code section 5102.

"Federal banking agency" has the same meaning as in title 12 United States Code section 5102.

"Federal SAFE Act" means the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, title 12 United States Code section 5101 et seq.

"Loan originator" has the same meaning as in title 12 United States Code section 5102.

"Registered loan originator" means any individual who:

(1) Meets the definition of loan originator and is an employee of:

(A) A depository institution;

(B) A subsidiary that is:

(i) Owned and controlled by a depository institution; and

(ii) Regulated by a federal banking agency; or

(C) An institution regulated by the Farm Credit Administration; and

(2) Is registered with, and maintains a unique identifier through, NMLS.

"State" means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.

"State-licensed loan originator" means any individual who:

(1) Is a loan originator;

(2) Is not an employee of:

(A) A depository institution;

(B) A subsidiary that is:

(i) Owned and controlled by a depository institution; and

(ii) Regulated by a federal banking agency; or

(C) An institution regulated by the Farm Credit Administration; and

(3) Is licensed by a state or by the Director of the Bureau of Consumer Financial Protection and registered as a loan originator with, and maintains a unique identifier through, NMLS.

"State-licensed mortgage company" means an entity that is licensed or registered under this chapter to engage in residential mortgage loan origination and processing activities.

"This State" means the State of Hawaii. [L 2019, c 74, pt of §1]
Haw. Rev. Stat. § 443B-4.63 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.63
Furnishing deceptive forms.
Status: in_force

It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, compiled or furnished the form is a collection agency.
Haw. Rev. Stat. § 441-30 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-30
Form of licenses.
Status: in_force

The form of every license shall be prescribed by the director, and shall be issued in the name of the department, and signed by the director.
Haw. Rev. Stat. § 448E-2 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-2
Board; appointment.
Status: in_force

There is established the board of electricians and plumbers consisting of seven members. Two of the members shall be engaged in the electrical trade and two of the members shall be engaged in the plumbing trade. Three of the members shall be private citizens not connected with the industry.
Haw. Rev. Stat. § 453-4.5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-4.5
Foreign medical graduates; alternative qualifications.
Status: in_force

Notwithstanding section 453-4(b)(2)(B), a graduate of a foreign medical school may be licensed by the Hawaii medical board under section 453-4(c) if the graduate:

(1) Passed the Federation Licensing Examination (FLEX) or the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, with scores deemed satisfactory to the board, passed the qualifying examination of the Educational Commission for Foreign Medical Graduates, and has at least three years of medical training or experience in a hospital approved by the Council on Medical Education and Hospitals of the American Medical Association for internship or residency; or

(2) Passed the Federation Licensing Examination (FLEX) or the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, with scores deemed satisfactory to the board, possesses an Educational Commission for Foreign Medical Graduates certificate, and has successfully completed two years of post-graduate medical training in a program approved by the Accreditation Council for Graduate Medical Education or American Osteopathic Association or a Canadian program that has been accredited for resident training by the Royal College of Physicians and Surgeons of Canada or College of Family Physicians of Canada; provided that if the post-graduate medical training involves a subspecialty clinical fellowship program, the board may accept post-graduate medical training in a hospital that has an Accreditation Council for Graduate Medical Education or American Osteopathic Association or accredited Canadian post graduate medical training program in the parent specialty. [L 1988, c 133, §1; am L 1993, c 164, §2; am L 2008, c 9, §3; am L 2025, c 174, §1]
Haw. Rev. Stat. § 437B-17 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-17
Sign required concerning board; notice to customer.
Status: in_force

The board shall design and approve of a sign which shall be placed in all motor vehicle repair dealer locations in a place and manner conspicuous to the public. Such sign shall give notice that inquiries concerning service may be made to the board and shall contain the telephone number of the board. The sign shall also give notice that the customer is entitled to a return of replaced parts upon the customer's request therefor at the time the work order is taken.
Haw. Rev. Stat. § 440-33 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-33
Disposition of receipts.
Status: in_force

All moneys received by the boxing commission shall be deposited by the director of commerce and consumer affairs with the director of finance to the credit of the general fund of the State.
Haw. Rev. Stat. § 462A-18 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-18
Vessels required to take a pilot.
Status: in_force

Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or which poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available.
Haw. Rev. Stat. § 463E-3 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-3
Qualification for licensure.
Status: in_force

No person shall be licensed to practice podiatric medicine unless the person has passed the examinations described in section 463E-4 and has been found to possess the necessary qualifications as required by the board.

Before any applicant shall be eligible for licensure, the applicant shall furnish satisfactory proof to the board that:

(1) The applicant is a graduate in podiatric medicine of a college approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association and by the Hawaii medical board; and

(2) The applicant has completed at least twenty-four months in an accredited podiatric residency, as approved by the Council on Podiatric Medical Education, prior to applying for licensure; provided that an applicant who has graduated from an approved college before January 1, 2004, shall:

(A) Have completed at least twelve months in an accredited podiatric residency;

(B) Have at least ten years of active licensed experience in podiatric medicine in another state; and

(C) Hold a current, unencumbered license in podiatric medicine in another state;

provided further that the residency and active licensed experience requirements in this paragraph shall not apply to podiatrists with current, active licenses to practice podiatric medicine in Hawaii. [L 1973, c 80, pt of §1; am L 1985, c 125, §2; gen ch 1985; am L 1986, c 273, §1; am L 1989, c 240, §3; am L 2008, c 9, §3; am L 2014, c 63, §2]
Haw. Rev. Stat. § 453-9 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-9
REPEALED.
Status: in_force

L 1992, c 202, §213.
Haw. Rev. Stat. § 453-14 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-14
Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc.
Status: in_force

§453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds. (a) Every physician, osteopathic physician, physician assistant, and surgeon attending or treating a case of knife wound, bullet wound, gunshot wound, powder burn, or any injury that would seriously maim, produce death, or has rendered the injured person unconscious, caused by the use of violence or sustained in a suspicious or unusual manner or in motor vehicle collisions resulting in serious injury or death, or, whenever the case is treated in a hospital, clinic, or other institution, the manager, superintendent, or person in charge thereof, shall report the case or provide requested information to the chief of police of the county within which the person was attended or treated, giving the name of the injured person, description of the nature, type, and extent of the injury, together with other pertinent information that may be of use to the chief of police. As used herein, the term "chief of police" means the chief of police of each county and any of the chief's authorized subordinates.

(b) This section shall not apply to wounds, burns, or injuries received by a member of the armed forces of the United States or of the State while engaged in the actual performance of duty.

(c) Any person who fails to make the report called for herein within twenty-four hours after the attendance or treatment shall be fined not less than $50 nor more than $500. [L 1933-34, c 27, §§1, 2; RL 1935, §1202; am L 1943, c 23, §1; RL 1945, §2513; am L 1955, c 110, §1; RL 1955, §64-13; HRS §453-14; am L 1983, c 92, §1(10); am L 2005, c 39, §1; am L 2008, c 5, §16; am L 2009, c 151, §19]
Haw. Rev. Stat. § 474-6 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-6
Immunity from liability.
Status: in_force

The opinions offered and the services rendered by the center under this chapter shall be considered facilitative in nature and the center shall not be liable for any consequences resulting from an applicant's failure to obtain a required permit or license. Any information provided by the center or any omission of information by the center shall not relieve any applicant from, or constitute a waiver of, the obligation to secure a required permit or license.
Haw. Rev. Stat. § 444-6 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-6
REPEALED.
Status: in_force

L 1992, c 202, §199.
Haw. Rev. Stat. § 448H-5 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-5
Powers and duties of the board.
Status: in_force

In addition to any other powers and duties authorized by law, the board shall:

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

(2) Develop, apply, review and upgrade appropriate techniques, including examinations and investigations for determining whether a person meets the requirements of this chapter and standards to insure that elevator mechanics will be persons qualified to serve as such;

(3) Prescribe, at a minimum, that a nationally recognized examination, augmented with locally developed material, be used in testing for licensure, the passing grade for the examination to be not less than seventy per cent;

(4) Issue licenses to persons determined, after application of those techniques, to have met the required qualifications and revoke or suspend licenses, previously issued by the board pursuant to hearings held in accordance with chapter 91, in any case where the individual holding any license is determined substantially to have failed to conform to the required qualifications, this chapter, or the rules of the board;

(5) Establish and carry out procedures designed to insure that persons licensed as elevator mechanics will, during any period they serve as such, comply with the requirements of this chapter, the rules of the board, and chapter 397 and rules adopted thereunder;

(6) Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as an elevator mechanic has failed to comply with the requirements of this chapter regarding any complaint regarding job performance by mechanics, the rules of the board, or chapter 397 and the rules adopted thereunder;

(7) Register apprentice elevator mechanics;

(8) Maintain a record of its proceedings;

(9) Assist and advise the department of labor and industrial relations in the adoption of rules relating to the conditions of work for elevator mechanics including requirements related to equipment or facilities essential for the safe installation, repair, maintenance, or alteration of any elevator, dumbwaiter, escalator, moving walk or ramp, and lift; and

(10) Notify the department of labor and industrial relations of any fact or situation that, in the opinion of the board, constitutes a violation of chapter 397 or of any rule adopted thereunder. [L 1971, c 190, pt of §1; am L 1973, c 181, §1; am L 1979, c 217, §4; am L 1983, c 36, §4; am L 1985, c 198, §2; am L 1992, c 202, §88; gen ch 1993]
Haw. Rev. Stat. § 464-2 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-2
Licensing of practicing engineers, etc.
Status: in_force

In order to safeguard life, health, and property, no person except those exempted by sections 464-3 and 464-5 shall practice professional engineering, architecture, land surveying or landscape architecture in the State unless the person is duly licensed under this chapter.
Haw. Rev. Stat. § 451K-10 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-10
Renewal of license.
Status: in_force

(a) Every licensee or provisional licensee under this chapter shall renew a license granted pursuant to this chapter annually on or before June 30, with the first renewal deadline occurring on July 1, 2010. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been so forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and relicensure may require the individual to apply as a new applicant.

(b) Proof of maintenance of American Board of Genetic Counseling or its equivalent board certification shall be required for license renewal.

(c) Proof of continued active candidate status shall be required for provisional license renewal. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 463E-2 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-2
License required.
Status: in_force

Except as otherwise provided by law, no person shall practice, offer to practice, advertise, or announce oneself, either publicly or privately, as prepared or qualified to practice podiatric medicine, either gratuitously or for pay, or use any sign or advertisement or otherwise use the title "podiatrist", "D.P.M." or "doctor of podiatric medicine", "foot specialist", or any other term or terms indicating or implying that the person is practicing podiatric medicine, without having a valid unrevoked license obtained from the Hawaii medical board, as prescribed in this chapter.
Haw. Rev. Stat. § 448E-11 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-11
Injunction.
Status: in_force

The board may, in addition to any other remedy available, apply to a circuit court judge for a temporary restraining order or preliminary or permanent injunction restraining any person from acting, or assuming to act, as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, supervising industrial electrician, journey worker plumber, or master plumber without a license previously obtained in compliance with this chapter and the rules of the board, and upon hearing and for cause shown, the judge may grant the temporary restraining order or preliminary or permanent injunction.
Haw. Rev. Stat. § 444-12 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-12
Application; fees.
Status: in_force

(a) Every applicant for a license under this chapter shall complete and file an application provided by the board and shall furnish any additional information bearing upon the issuance of the license as the board shall require. In the case of a partnership, joint venture, or corporation, any partner, member, or officer thereof may sign the application on behalf of the applicant.

(b) Every applicant who is required by the board to be examined shall pay, directly to the testing agency, an examination fee.

(c) These fees shall be as provided in rules adopted by the director pursuant to chapter 91. [L 1957, c 305, §1(s 11); am L 1965, c 241, §2; Supp, §166A-11; HRS §444-12; am L 1983, c 201, §3; am L 1985, c 160, §2; am L 1988, c 109, §1; am L 1992, c 202, §66; am L 1995, c 20, §4; am L 1997, c 40, §10]
Haw. Rev. Stat. § 471-4 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-4
§§471-4 and 471-5 REPEALED.
Status: repealed

§§471-4 and 471-5 REPEALED. L 1992, c 202, §§238, 239.
Haw. Rev. Stat. § 460J-28 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-28
Administrative penalties.
Status: in_force

Any person who violates this chapter or the rules adopted pursuant thereto may be fined not more than $2,500 for each violation.
Haw. Rev. Stat. § 441-39 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-39
Principal of fund or trusts; use of income, reserves.
Status: in_force

(a) The principal of the perpetual care fund shall be invested and in no event reduced. Only so much of the income of the fund shall be paid to the cemetery authority as it, by submission of vouchers, can reasonably show to be necessary to cover the cost of perpetual care of the cemetery, including reasonable administrative expenses incurred in connection therewith; provided that a reserve may be created from which principal losses may be replaced by setting aside a reasonable percentage of surplus income, if any, or net capital gains from investments, and a reserve may also be set aside out of surplus income or net capital gains for future maintenance, repair, or restoration of property or embellishments in the cemetery, which may be necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. "Net capital gains" means the amount by which the cumulative capital gains since the establishment of the perpetual care fund exceeds the sum of cumulative capital losses since the establishment of the fund. Any surplus income or net capital gains not so set aside in reserve shall become a part of the principal of the fund.

(b) The principal of the pre-need trust shall be invested and shall not be diminished or withdrawn except in payment of the pre-need interment or pre-need funeral services contracted for and provided to the deceased purchaser or designee or for the contractual refund to the purchaser. The cemetery or pre-need funeral authority shall submit to the trustee a certified statement that the purchaser or an assignee of the purchaser has received the pre-need services under contract with the authority in order for the principal to be withdrawn. In the case of refund to the purchaser, the authority shall submit to the trustee a certified statement that the purchaser desires a refund. A reserve may be created from which principal losses may be replaced by setting aside a reasonable percentage of surplus income, if any, or net capital gains from investments. [L 1967, c 199, pt of §1; HRS §441-39; am L 1985, c 101, §19]
Haw. Rev. Stat. § 461-6 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-6
Examination; license.
Status: in_force

(a) Every applicant for a license as a pharmacist shall meet all qualifications set by the board including, but not limited to, passing all examinations as prescribed by rules of the board. The board shall determine the passing score for each examination.

(b) Every applicant for a license as a pharmacist, except an applicant applying under section 461-8.5, shall apply on a form to be supplied by the board and shall either file the form with the board at least sixty days before the examination, or if taking the examination in another state pursuant to the National Association of Boards of Pharmacy Score Transfer Program, shall file the form no later than ninety days after the examination. Each application shall be accompanied by application and examination fees. The board shall establish the schedule for examinations.

(c) Each applicant who successfully passes each required examination and meets all other requirements of the board shall pay a license fee.

(d) An applicant who fails an examination shall file an application for reexamination in the examination for which a passing score was not achieved and shall not be licensed until the applicant successfully passes all of the licensure examinations. [L 1949, c 175, pt of §1; RL 1955, §71-6; am L 1957, c 316, §11; HRS §461-6; am L 1979, c 10, §1; am L 1984, c 7, §62; am L 1986, c 143, §7; am L 1988, c 74, §1; am L 1992, c 196, §5; am L 1995, c 34, §3; am L 1998, c 42, §1]
Haw. Rev. Stat. § 444-9.2 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-9.2
Advertising.
Status: in_force

(a) It is a misdemeanor for any person, including a person who is exempt by section 444-2 from this chapter, to advertise with or without any limiting qualifications as a contractor unless such person holds a valid license under this chapter for the goods and services advertised. "Advertise" as used in this section includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure; or advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the word "contractor"; or commercials broadcast by airwave transmission.

(b) A contractor may advertise in print or broadcast medium, as defined in subsection (a) only if the contractor includes in the advertisement or listing the contractor's applicable and current license number, and provides proof of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall refuse to publish or broadcast an advertisement or listing for a contractor who does not comply with the provisions of this subsection. A publisher or producer who obtains a signed statement from the contractor which states that the contractor has read the text of the advertisement or listing, has an applicable and current contractors license for the goods and services advertised, has included all applicable and current license numbers in the advertisement or listing, and is aware of civil and criminal penalties for advertising as a contractor without a valid license, shall be entitled to a rebuttable presumption of compliance with this subsection.

(c) Upon entry of either a final order of the contractors license board pursuant to chapter 91 or a judgment by a court of competent jurisdiction finding that a contractor has advertised in violation of either section 444-9 or 444-9.2(a), the public utility furnishing telephone service to the contractor shall disconnect the telephone number contained in the advertisement or listing.

(d) The publisher or producer of a print or broadcast advertising medium shall not be liable in any suit, action, or claim arising from its refusal to list or accept advertisements pursuant to subsection (b). Good faith compliance by a public utility with subsection (c) is a complete defense to any civil or criminal action brought against it arising from the termination of telephone service. [L 1974, c 112, pt of §1(1); am L 1984, c 132, §1; am L 1988, c 247, §1]
Haw. Rev. Stat. § 442-6 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-6
Examinations.
Status: in_force

(a) An applicant for licensure who has met the requirements of chapters 436B and 442, the requirements prescribed in the rules of the board, and one of the following requirements shall be licensed:

(1) Successful completion of the National Board of Chiropractic Examiners parts I, II, III, IV, and physiotherapy;

(2) Successful completion of [the] National Board of Chiropractic Examiners parts I, II, III, physiotherapy, and Special Purposes Examination and evidence of licensure in good standing under the laws of another state or states after December 31, 1988; or

(3) Successful completion of [the] National Board of Chiropractic Examiners parts I, II, physiotherapy, and Special Purposes Examination and evidence of licensure in good standing under the laws of another state or states prior to January 1, 1989.

(b) The board may require the National Board of Chiropractic Examiners Special Purposes Examination in circumstances where the board needs to assess a person's fitness to practice chiropractic, including but not limited to:

(1) State-to-state reciprocity or endorsement;

(2) Disciplinary action; or

(3) Licensure lapse, suspension, or revocation.

(c) No person licensed to practice chiropractic in this State shall use physiotherapy modalities without receiving approval by the board to do so.

The board shall adopt rules for granting approval for the use of physiotherapy modalities by persons holding valid, current licenses under this chapter on June 4, 1984. The board shall require any licensed chiropractor seeking approval to use physiotherapy modalities and all new applicants for chiropractic licensure to take and pass the National Board of Chiropractic Examiners physiotherapy examination. [L 1925, c 99, §6; RL 1935, §965; RL 1945, §2076; am L 1955, c 229, §1(b); RL 1955, §60-7; HRS §442-6; am L 1971, c 130, §1; am L 1983, c 242, §1; am L 1984, c 7, §19 and c 243, §3; am L 1985, c 68, §13; am L 1986, c 100, §§1, 2; am L 1987, c 68, §1; am L 1988, c 357, §2 and c 367, §1; am L 1992, c 150, §1; am L 2000, c 10, §2]
Haw. Rev. Stat. § 466-40 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-40
Procedures for sponsoring organization.
Status: in_force

(a) To qualify as a sponsoring organization, a third-party entity shall submit a peer review administration plan to the board for review and approval. The peer review administration plan shall:

(1) Establish a peer review report committee and any necessary subcommittees and provide professional staff as needed for the operation of the peer review program;

(2) Establish a program to communicate to firms participating in the peer review program the latest developments in peer review standards and the most common findings in the peer reviews conducted by the sponsoring organization;

(3) Establish procedures for resolving any disagreement that may arise out of the performance of a peer review;

(4) Establish procedures to resolve matters that may lead to the dismissal of a firm from the peer review program;

(5) Establish procedures to evaluate and document the performance of each peer reviewer, including procedures related to the disqualification of a reviewer who does not meet the American Institute of Certified Public Accountants standards;

(6) Require the maintenance of records of peer reviews conducted under the program in accordance with the records retention rules of the American Institute of Certified Public Accountants and this part; and

(7) Provide for periodic reports to the board on the results of the peer review program; provided that reports submitted to the board shall not contain information concerning specific firms or peer reviewers.

(b) A sponsoring organization:

(1) Shall be subject to review and oversight by the board;

(2) Shall not require firms or the firms' owners or employees to become members of the sponsoring organization to participate in a peer review; and

(3) Shall charge the same rate for peer review services to members and nonmembers.

(c) The public company accounting oversight board shall be exempt from the requirements of this section. [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 460J-12 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-12
Classification of branches of pest control; examinations; rules; subjects of examination; passing grade.
Status: in_force

(a) Licenses issued to operators or field representatives shall be limited to the branch or branches of pest control for which the applicant has qualified by application and examination. For the purpose of delimiting the type and character of work authorized by the various branch licenses hereinafter set forth, the practice of pest control is classified into the following branches:

(1) Branch 1. Fumigation. The practice relating to the control of household and wood-destroying pests by fumigation with poisonous or lethal gases.

(2) Branch 2. General Pest. The practice relating to the control of household pests, other than termites, excluding fumigation with poisonous or lethal gases.

(3) Branch 3. Termite. The practice relating to the control of wood-destroying pests by the use of insecticides and corrections, excluding fumigation with poisonous or lethal gases.

The board may issue a license for a combination of two or more branches for which an applicant qualifies under this chapter, and such combination license shall be considered one license for the purpose of determining the fee to be charged under section 460J-14.

(b) Unless otherwise authorized by the board, all written examinations shall be in ink in books supplied by the board. All examination papers shall be kept for a period of one year, upon the expiration of which such papers may be destroyed on order of the board. Each applicant for license shall be designated by a number instead of by name and the identity thereof shall not be disclosed until the examination papers are graded. No person shall be admitted to the examination room except the examining personnel and the applicants for license.

(c) The board shall make rules for the purpose of securing fair, impartial, and proper examinations.

(d) Licensees of any branch may be licensed in other branches upon complying with the requirements for qualification and by examination in such other branches. No failure of the licensee to pass examination in such other branches shall have any effect on existing licenses.

(e) The examinations shall be in each of the subjects specified in the branch or branches relating to the respective applications. A license according to such applications shall be granted to any applicant who scores a passing grade on the examination in each of the subjects of such branch or branches. [L 1972, c 134, pt of §1; gen ch 1985; am L 1993, c 74, §4; am L 1997, c 84, §3]
Haw. Rev. Stat. § 451K-2 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-2
Genetic counseling licensure program.
Status: in_force

There is established a genetic counseling licensure program within the department to be administered by the director.
Haw. Rev. Stat. § 454F-4.9 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-4.9
Abandoned applications.
Status: in_force

(a) An application for licensure pursuant to this chapter shall be considered abandoned if an applicant fails to provide evidence of continued efforts to complete the licensing application process for thirty days. The thirty-day period shall begin on the last day of contact with the division by the applicant. The commissioner may extend this period for good cause. No refund of filing fees shall be provided to an applicant for an abandoned application. The commissioner shall not be required to act on any abandoned application and is not required to retain abandoned applications or supporting documents. The commissioner may withdraw abandoned applications from NMLS.

(b) For purposes of this section, failure to provide evidence of continued efforts to complete the licensing process includes:

(1) Failure to submit required documents and other information requested by the commissioner within thirty days from the last date the documents or other information were requested; or

(2) Failure to provide the commissioner with any written communication indicating that the applicant is attempting to complete the licensing process for a period of thirty days.

(c) If an application is deemed abandoned by the commissioner, the applicant may reapply for licensure after payment of applicable fees and compliance with the licensing requirements in effect at the time of reapplication.

(d) An applicant may withdraw an application that has been submitted under this chapter at any time; provided that no refund shall be issued. The commissioner shall treat a withdrawn application as an abandoned application according to this section. [L 2011, c 194, pt of §1; am L 2012, c 252, §8; am L 2013, c 168, §20]
Haw. Rev. Stat. § 444-27 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-27
Additional payments to fund.
Status: in_force

(a) At any time when the balance remaining in the contractors recovery fund is less than $250,000, the board may assess every contractor a fee not to exceed $500 annually for deposit in the contractors recovery fund.

(b) The failure of any contractor to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the contractor's license. The board may impose other penalties or requirements as a condition of restoration of the license. [L 1973, c 170, pt of §1; am L 1977, c 127, §2; am L 1983, c 201, §5; gen ch 1985; am L 1994, c 132, §3]
Haw. Rev. Stat. § 443B-2 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-2
Powers and duties of the director.
Status: in_force

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

(1) Grant certificates of registration to collection agencies pursuant to this chapter;

(2) Adopt, amend, or repeal rules as the director deems proper to fully effectuate this chapter;

(3) Enforce this chapter and the rules relating to collection agencies;

(4) Fine, suspend, terminate, or revoke any registration for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant any registration for any cause which would be grounds for revocation, termination, or suspension of a registration;

(5) Investigate the actions of any person or agency acting or alleged to be acting in the capacity of a registrant under this chapter;

(6) Order an audit of an account or an unannounced verification of an account's cash balance; and

(7) Extend the deadlines required under this chapter and the rules; provided that the registrant or applicant meets the conditions and requirements prescribed. [L 1987, c 191, pt of §1; am L 1990, c 246, §4; am L 1992, c 202, §59]
Haw. Rev. Stat. § 464-5 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-5
Limitation upon application of chapter.
Status: in_force

Nothing in this chapter shall prevent any person from engaging in engineering, architectural, or landscape architectural work and undertakings upon property owned or exclusively controlled or possessed by that person, or from hiring any person to do the work and undertakings, unless the work and undertakings involve the safety or health of the public, nor shall anything in this chapter prevent any person from engaging in land surveying upon property owned or exclusively controlled or possessed by that person or from hiring any person to do the work, unless the work involves a common boundary.

Nothing in this chapter shall be construed as applying to the business conducted in this State by any agriculturist, horticulturist, tree expert, arborist, forester, gardenshop operator, nursery operator or landscape nursery operator, gardener, landscape gardener, landscape contractor, landscape designer, landscape consultant, garden or lawn caretaker, or cultivator of land, as these terms are generally used, except that no person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed under the provisions of this chapter.

All engineering work, architectural work, and landscape architectural work in which the public safety or health is involved shall be designed by and the construction observed by a duly licensed professional engineer, architect, or landscape architect, respectively. [L 1923, c 227, §10; RL 1925, §3692; am L 1931, c 165, §7; RL 1935, §7033; RL 1945, §7605; RL 1955, §166-5; HRS §464-5; am L 1970, c 85, §§1, 3; am L 1988, c 226, §3; am L 1989, c 210, §7; gen ch 1993]
Haw. Rev. Stat. § 437D-2 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-2
Scope.
Status: in_force

This chapter shall apply to all persons in the business of leasing rental motor vehicles in this State.
Haw. Rev. Stat. § 436M-8 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-8
Activation.
Status: in_force

No alarm system shall be activated intentionally except to:

(1) Report an unauthorized intrusion or the commission of an unlawful act;

(2) Test an installed system with the prior knowledge and consent of the police; or

(3) Permit an alarm business to demonstrate a system to a prospective buyer or user. [L 1986, c 134, pt of §1; am L 2021, c 230, §9]
Haw. Rev. Stat. § 445-121 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-121
Penalty.
Status: in_force

(a) Any person violating any provision of sections 445-111 to 445-121 shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both.

(b) In addition to subsection (a), any person acting knowingly, who is either:

(1) Responsible for posting material in violation of section 445-114; or

(2) The person organizing the event or the owner or operator of the business advertised on the posted material,

shall remove the material within seventy-two hours after receipt of written notice of the posting or seventy-two hours after the date of the event advertised on the posted material, whichever occurs first. Failure to remove the posted material within the time specified shall be punishable by an additional fine of not less than $100 nor more than $200 per posted material, or community service of not less than ten hours nor more than twenty hours, or both. Such additional penalties shall not be imposed unless the person received written notice of the posting or was responsible for posting material in violation of section 445-114. [L 1965, c 233, pt of §1; Supp, §155-130; HRS §445-121; am L 1998, c 181, §2]
Haw. Rev. Stat. § 440E-22 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-22
Wages of contestant; prepayment prohibited.
Status: in_force

All moneys paid to a mixed martial arts contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No contestant shall be paid for services before a mixed martial arts contest; provided that with the approval of the director, a promoter may advance sums of money for training purposes.
Haw. Rev. Stat. § 443B-16 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-16
Harassment and abuse.
Status: in_force

No collection agency shall oppress, harass, or abuse any person in connection with the collection of or attempt to collect any claim alleged to be due and owing by that person or another in any of the following ways:

(1) The use of profane or obscene language that is intended to abuse the hearer or reader;

(2) The placement of telephone calls without disclosure of the caller's identity or with the intent to harass, or threaten any person at the called number; and

(3) Causing expense to any person in the form of long distance telephone tolls, telegram fees, or other charge incurred by a medium of communication, by concealment of the true purpose of the notice, letter, message, or communication. [L 1987, c 191, pt of §1]
Haw. Rev. Stat. § 436B-3 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-3
Applicability; prevailing provisions; construction.
Status: in_force

(a) The provisions of this chapter shall only be applicable to the professions and vocations required by law to be regulated by the licensing authority.

(b) Unless otherwise stated in this chapter, chapters 26, 26H, 91, and 92 and the licensing laws or rules for the respective profession or vocation shall prevail. This chapter shall apply whenever chapters 26, 26H, 91, and 92 and the licensing laws or rules for the respective profession or vocation are silent.

(c) This chapter shall be liberally construed to protect the health, safety, and welfare of consumers of services provided by a profession or vocation regulated by the licensing authority. [L 1991, c 111, pt of §2; am L 2002, c 20, §1]
Haw. Rev. Stat. § 467-24 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-24
Maximum liability.
Status: in_force

Notwithstanding any other provision, the liability of the real estate recovery fund shall not exceed $50,000 for any one licensee.
Haw. Rev. Stat. § 445-234 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-234
Applicability.
Status: in_force

Any person required to be licensed under chapter 289 or under section 445-171 shall not be required to pay an additional fee under section 445-232; provided that such person shall obtain the license required by section 445-232 and shall follow the requirements of sections 445-232 and 445-233 when acting as a scrap dealer.
Haw. Rev. Stat. § 442-9.5 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-9.5
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 board 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 board 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 board 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 board 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 board 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, §5]
Haw. Rev. Stat. § 447-4.5 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-4.5
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 board of dentistry 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 board of dentistry 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 board of dentistry 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 board of dentistry 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 board of dentistry 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, §6]
Haw. Rev. Stat. § 461J-13 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-13
Penalty.
Status: in_force

Any person who violates or fails to comply with any of the provisions of this chapter shall be fined not more than $1,000 for each violation.
Haw. Rev. Stat. § 437D-17 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-17
Exceptions to posting requirements.
Status: in_force

The posting requirements of sections 437D-9 and 437D-13 shall not apply to a lessor who is a party to a commercial lease which prohibits all posting and which is in force on January 1, 1989.
Haw. Rev. Stat. § 448F-7.5 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-7.5
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, §8]
Haw. Rev. Stat. § 451A-14 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-14
Prohibited acts and practices.
Status: in_force

No person shall:

(1) Sell, barter, offer to sell, barter, or transfer or assign a license;

(2) Purchase or procure by barter a license with intent to use it as evidence of qualification to practice the fitting and selling of hearing aids;

(3) Alter a license with fraudulent intent;

(4) Use or attempt to use a license which is invalid because it was purchased, fraudulently obtained, forged, or materially altered;

(5) Make a false statement in an application for a license or in an application for renewal of a license; and

(6) Sell hearing aids through "door-to-door sales" as defined in section 481C-1. [L 1969, c 205, pt of §1; am L 1974, c 167, §2; am L 1989, c 246, §1; am L 1997, c 88, §10]
Haw. Rev. Stat. § 461J-7.5 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-7.5
Physical therapist assistant license without necessity of examination.
Status: in_force

Any applicant who submits proof of graduation from an accredited physical therapist assistant program or an accredited physical therapy program recognized by the United States Department of Education, and five years of work experience as a physical therapist assistant by December31, 2014, may be licensed as a physical therapist assistant under this chapter without the necessity of examination.
Haw. Rev. Stat. § 454M-2 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-2
License required.
Status: in_force

(a) No person except those exempted under this chapter shall engage in the business of mortgage servicing without a license as provided in this chapter.

(b) No person shall engage in the business of mortgage servicing in this State unless the person providing services has a physical presence in the State pursuant to section 454M‑5(b)(6). [L 2009, c 106, pt of §1; am L 2011, c 48, §8; am L 2012, c 245, §3; am L 2015, c 62, §3; am L 2016, c 122, §20]
Haw. Rev. Stat. § 460J-21 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-21
Fumigation under supervision.
Status: in_force

Fumigation shall be performed only under the direct supervision of an individual who is an applicator certified for structural fumigation by the department of agriculture and biosecurity.
Haw. Rev. Stat. § 466K-2 — HI Code / Division 2 / Title 25 / Chapter 466K / Section 466K-2
Real estate appraiser program.
Status: in_force

There is established a real estate appraiser program within the department of commerce and consumer affairs, to be administered by the director of commerce and consumer affairs.
Haw. Rev. Stat. § 437D-7 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-7
Rate disclosure requirements; advertising.
Status: in_force

(a) Each lessor, and each officer, employee, agency, or other representative of the lessor, who states or permits to be stated the rental cost of a rental motor vehicle in any advertisement, shall state conspicuously, in plain language and in conjunction with the advertised rental cost of the vehicle, the daily rate of the applicable damage waiver, and that the rate constitutes an additional daily charge to the lessee.

(b) When a written advertisement, including all print media, contains the statement of the rental cost of a vehicle, the disclosure required by this section shall be printed in type no less than one-third the size of the type used to print the rental cost, or twelve-point type, whichever is larger. When the video presentation of a television advertisement contains the statement of the rental cost of a vehicle, the depiction of the disclosure required by this section shall be no less than one-third the size of the depiction of the rental cost. When a radio advertisement or the audio presentation of a television advertisement contains the statement of the rental cost of the vehicle, the oral statement of the rental cost shall be immediately accompanied by an oral statement of the disclosure required by this section.

(c) Except as set forth in this section, the statement of the rental cost and the disclosure shall be equally prominent in all respects. [L 1988, c 251, pt of §2; am L 2009, c 148, §5]
Haw. Rev. Stat. § 442-1 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-1
Chiropractic defined.
Status: in_force

Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand; provided that the practice of chiropractic as contemplated and set forth in this chapter may include the use of necessary patient evaluation and management procedures of the human spinal column, hot or cold packs, whirlpool, therapeutic and rehabilitative exercise, traction, electrical and electromechanical stimulation, therapeutic ultrasound, myofascial release, diathermy, infrared, and chiropractic spinal manipulative treatment and extraspinal evaluations for the diagnosis and treatment of neuromusculoskeletal conditions related to the human spinal column, subject to the restrictions contained in this chapter; and provided further that the practice of chiropractic as contemplated and set forth in this chapter shall not include the practice of lomilomi or massage. For the purposes of this section, spinal refers to the five spinal regions: cervical region (includes atlanto-occipital joint); thoracic region (includes costovertebral and costotransverse joint); lumbar region; sacral region; and pelvic (sacroiliac joint) region.
Haw. Rev. Stat. § 466D-6 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-6
Fees; disposition.
Status: in_force

(a) Upon issuance of a new license and at each license renewal period, each respiratory therapist shall pay a fee of $304 that shall be deposited into the compliance resolution fund established pursuant to section 26-9(o).

(b) Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director shall establish examination, reexamination, license, renewal, restoration, penalty, and other fees relating to the administration of this chapter by rule.

(c) Fees assessed pursuant to this chapter shall be used to defray costs incurred by the department in implementing this chapter. [L 2010, c 178, pt of §2]
Haw. Rev. Stat. § 454F-45 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-45
Subrogation of rights.
Status: in_force

When, pursuant to court order, the commissioner has paid any sum to a judgment creditor from the mortgage loan recovery fund, the commissioner shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all of the judgment creditor's rights, title, and interest in the judgment to the commissioner. Any interest collected by the commissioner pursuant to this section shall be deposited into the mortgage loan recovery fund.
Haw. Rev. Stat. § 452-24.5 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-24.5
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 board 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 board 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 board 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 board 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 board 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, §11]
Haw. Rev. Stat. § 448-16.5 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-16.5
Board of dentistry; summary suspension.
Status: in_force

(a) The board of dentistry may summarily suspend any license issued under this chapter upon a specific determination that the failure to take such an action may result in an immediate and unreasonable threat to personal safety or of fraud that jeopardizes or endangers the health or safety of patients as determined by the professional standards of care upon consumers, and that, for the protection of the public from the possible consequences of such practices, the license should be immediately suspended or restricted.

(b) The order of summary suspension shall include a brief statement of findings of fact and conclusions of law and shall be served upon the licensee as required by chapter 91. The order of summary suspension shall be effective upon service.

(c) A licensee served with an order of summary suspension shall have the right to request a hearing to show cause why the order of summary suspension should be terminated. Any request for a hearing shall be made in writing and filed with the board of dentistry within five business days of service of the order. The board shall hold a hearing within seven business days of receipt of the licensee's request for the hearing to show cause.

(d) Notwithstanding any law to the contrary, an order summarily suspending a license issued under this chapter shall remain in effect until the effective date of a final decision and order issued by the board of dentistry in a disciplinary action or the effective date of an order issued by the board of dentistry terminating the summary suspension following a hearing to show cause, whichever occurs first, but in either case shall not exceed thirty business days.

(e) The board of dentistry shall conduct a hearing for disciplinary action against a licensee whose license has been summarily suspended under this section within twenty business days from the effective date of the order of summary suspension.

(f) Any attempt by the licensee to continue the practice of dentistry or the practice of dentistry by the licensee while the license has been summarily suspended shall be grounds for revocation of the license. [L 2015, c 198, §1; am L 2018, c 203, §4]
Haw. Rev. Stat. § 451A-12 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-12
Receipt required to be furnished to a person supplied with hearing aid.
Status: in_force

(a) Any person who practices the fitting and sale of hearing aids shall deliver to each purchaser a receipt containing the licensee's signature, the licensee's business address, and the number of the licensee's certificate, together with specifications as to the make and model of the hearing aid furnished and the terms of the sale. If hearing aid which is not new is sold, the receipt and the container thereof shall be clearly marked as "used" or "reconditioned", with the terms of guarantee, if any.

(b) The receipt shall bear, in type no smaller than the largest that is used in the body copy portion, the following: the purchaser has been advised at the outset of the purchaser's relationship with the hearing aid dealer and fitter that any examination or representation made by a hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State and shall not be considered as medical opinion or advice. [L 1969, c 205, pt of §1; am L 1974, c 167, §1; gen ch 1985]
Haw. Rev. Stat. § 457B-12 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-12
Penalties.
Status: in_force

Any person who violates this chapter shall be fined not more than $500 for a first offense. For each subsequent offense the person shall be fined not more than $1,000, or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 444-4 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-4
Powers and duties of board.
Status: in_force

In addition to any other powers and duties authorized by law, the board shall:

(1) Grant licenses, including conditional licenses, to contractors pursuant to this chapter and rules;

(2) Adopt, amend, or repeal such rules as the board may deem proper fully to effectuate this chapter and carry out the purpose thereof, which is the protection of the general public. All rules shall be approved by the governor and the director, and when adopted pursuant to chapter 91, shall have the force and effect of law. The rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter. The rules may require contractors to make reports to the board containing any items of information as will better enable the board to enforce this chapter and rules, or as will better enable the board from time to time to amend the rules more fully to effectuate the purposes of this chapter. The rules may require contractors to furnish reports to owners containing any matters of information as the board deems necessary to promote the purpose of this chapter. The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the board's general power to make all rules necessary fully to effectuate the purpose of this chapter;

(3) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs, including, but not limited to, procedures for the disposal of air conditioning units utilizing CFCs that include mandatory recovery and recycling of CFCs;

(4) Enforce this chapter and rules adopted pursuant thereto;

(5) Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;

(6) Publish and distribute pamphlets and circulars containing any information as the board deems proper to further the accomplishment of the purpose of this chapter;

(7) Contract for professional testing services to prepare, administer, and grade the examinations for applicants as may be required for the purposes of this chapter. The board shall determine the scope and length of the examinations, whether the examinations shall be oral, written, or both, and the score that shall be deemed a passing score;

(8) Order summary suspension of a license; provided that summary suspensions may be delegated in accordance with section 436B-23;

(9) Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and

(10) Subpoena witnesses and documents, administer oaths, receive affidavits and oral testimony, including telephonic communications. [L 1957, c 305, §1 (pt of §4); am L 1965, c 96, §107; Supp, pt of §166A-4; HRS §444-4; am L 1973, c 117, §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1985, c 160, §1; am L 1989, c 77, §10 and c 268, §1; am L 1990, c 316, §8; am L 1992, c 202, §64; am L 1995, c 20, §1]
Haw. Rev. Stat. § 449-7.5 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-7.5
Licensing requirements.
Status: in_force

(a) Every corporation desiring to be licensed as an escrow depository shall be incorporated in this State and have and maintain a principal place of business in the State for the transaction of its escrow depository business.

(b) A license issued under this chapter shall be prominently displayed in the place or places of business of the escrow depository.

(c) The escrow depository business shall be under the direct management of an officer, or an employee, designated by its board of directors as escrow officer for the corporation. The licensee shall inform the commissioner in writing of any change to the designated escrow officer for the corporation at least fifteen days prior to the change, unless the change occurs so unexpectedly that the licensee is unable to provide fifteen days' prior notice; provided that when unexpected circumstances prevent prior notice, the licensee shall provide notice within five business days after the change. Within five business days of the designation of a new escrow officer by its board of directors, the licensee shall inform the commissioner in writing of the new escrow officer for the corporation, setting forth the experience, integrity, and competency of the new designated escrow officer in handling escrow transactions, and such other information as may be required by the commissioner. [L 1973, c 140, §1; am L 1985, c 269, §50; gen ch 1985; am L 1992, c 205, §8; am L 2013, c 166, §5]
Haw. Rev. Stat. § 444-13 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-13
Form for licenses.
Status: in_force

The form of every license shall be prescribed by the contractors license board and shall be issued in the name of the board.
Haw. Rev. Stat. § 456-4 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-4
Filing copy of commission; authentication of acts.
Status: in_force

(a) Each person commissioned as a notary public under this chapter shall forthwith file a literal or photostatic copy of the person's commission, an impression of the person's tangible seal, and a specimen of the person's official signature with the clerk of the circuit court of the circuit in which the notary public resides. Each person commissioned as a notary public under this chapter may also, at the person's option, file the above-named documents with the clerk of any other circuit court. Thereafter any clerk, when requested, shall certify to the official character and acts of any such notary public whose commission, impression of tangible seal, and specimen of official signature are so filed in the clerk's office. A notary public's electronic seal shall not be subject to the requirements of this section.

(b) All documents filed under this section may be maintained in tangible or electronic format. [L 1941, c 322, pt of §4; RL 1945, §7664; RL 1955, §168-4; HRS §456-4; am L 1978, c 122, §4; am L 1982, c 45, §1; gen ch 1985; am L 2020, c 54, §7]
Haw. Rev. Stat. § 449-20.5 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-20.5
Closing branch office.
Status: in_force

(a) An escrow depository shall give the commissioner notice of its intent to close any branch office at least thirty days prior to the closing. The notice shall:

(1) State the intended date of closing;

(2) Specify the reasons for the closing; and

(3) Contain a certification by the secretary or other authorized officer of the escrow depository that the decision to close was duly approved by its board of directors.

(b) After closing a branch office, the escrow depository shall promptly thereafter surrender to the commissioner the branch office license for that location. [L 2001, c 184, pt of §1]
Haw. Rev. Stat. § 464-17 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-17
[ §464-17] Professional land surveyor right of entry to private property; notification; identification.
Status: in_force

[ §464-17] Professional land surveyor right of entry to private property; notification; identification. (a) A professional land surveyor licensed pursuant to this chapter, and any assistant under the direct supervision of the professional land surveyor, may enter the private property of the landowner of the real property to be surveyed and any adjoining lands, but not any building, structure, residence, or vehicle, at reasonable times to perform land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed after providing a written notice not less than ten days before the proposed date of entry.

(b) The written notice shall include:

(1) The date and time the entry is scheduled to occur;

(2) A description of the work to be performed;

(3) The approximate duration of the entry;

(4) A statement that the landowner of the real property to be surveyed and the landowners of adjoining lands may refuse entry by making a timely written objection;

(5) A statement of the date, time, and method by which the landowner of the real property to be surveyed and the landowners of adjoining lands may object; and

(6) A statement of the date, time, and method by which the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands may notify of a disruption or interference with operations on the properties involved.

(c) The written notice shall be sent to the last known address of the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands to be accessed. Notice sent by certified mail shall be deemed sufficient notice for purposes of this section.

(d) An objection shall be expressly communicated to the professional land surveyor in writing no later than seventy-two hours before the date the survey work is to be performed. If the landowner of the real property to be surveyed or a landowner of adjoining lands makes a timely objection, the professional land surveyor, and any assistant under the direct supervision of the professional land surveyor, shall not be authorized to enter the private property of the objecting landowner pursuant to this section. If the landowner of the real property to be surveyed or a landowner of adjoining lands does not make a timely objection, the professional land surveyor, and any assistant under the direct supervision of the professional land surveyor, shall be authorized to enter the private property of the landowner pursuant to this section.

(e) When the landowner of, or person with an interest in, the real property to be surveyed or the landowner or occupier of adjoining lands gives notice to the professional land surveyor that the surveying may disrupt or interfere with operations on the properties involved, the professional land surveyor shall meet with the landowner, person with interest, or occupier to negotiate a mutually agreeable date and time to perform the land surveying.

(f) The professional land surveyor or professional land surveyor's assistant shall carry:

(1) A government-issued photo identification;

(2) A copy of the written notice submitted pursuant to this section; and

(3) The land surveyor's:

(A) Certificate of licensure with the license number issued pursuant to this chapter, or a facsimile thereof; or

(B) Seal or stamp, or facsimile thereof, authorized pursuant to section 464-11. [L 2023, c 209, §2]
Haw. Rev. Stat. § 454F-10 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-10
Authority to require license.
Status: in_force

In addition to any other duties imposed upon the commissioner, the commissioner shall require mortgage loan originators and mortgage loan originator companies to be licensed and registered through NMLS. The commissioner is authorized to participate in NMLS. The commissioner may establish by rule pursuant to chapter 91, requirements for mortgage loan originators and mortgage loan originator companies, including:

(1) Background checks of:

(A) Criminal history through fingerprint or other databases;

(B) Civil or administrative records;

(C) Credit history; and

(D) Any other source deemed necessary by NMLS;

(2) Fees to apply for or renew licenses through NMLS;

(3) The setting or resetting as necessary of license renewal and reporting dates;

(4) Requirements for amending or surrendering a license; and

(5) Any other activity the commissioner deems necessary to participate in NMLS. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §17; am L 2013, c 168, §12; am L 2016, c 122, §13]
Haw. Rev. Stat. § 461-2 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-2
Board of pharmacy; appointment; qualifications.
Status: in_force

There shall be a board of pharmacy of seven members.

Five members of the board shall be graduates of a school or college of pharmacy and shall have been licensed as pharmacists and actively engaged in the practice of pharmacy for at least five years prior to their appointment and two shall be public members. Four members of the board shall be residents of the city and county of Honolulu and three shall be residents of counties other than the city and county of Honolulu. [L 1949, c 175, pt of §1; RL 1955, §71-2; am L Sp 1959 2d, c 1, §§5, 15; HRS §461-2; am L 1978, c 208, §11; am L 1992, c 202, §135; am L 1993, c 322, §12]
Haw. Rev. Stat. § 460J-29 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-29
Penal sanctions.
Status: in_force

Any person who violates this chapter, or who conspires with another to violate this chapter, shall be fined not more than $2,500 or imprisoned for not more than six months, or both.
Haw. Rev. Stat. § 462A-20 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-20
REPEALED.
Status: in_force

L 1992, c 202, §229.
Haw. Rev. Stat. § 448-14.5 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-14.5
Prohibition on ownership and interference.
Status: in_force

(a) No dentist licensed pursuant to this chapter who engages in the practice of dentistry shall permit a person or entity, other than a dentist licensed pursuant to this chapter, to directly or indirectly own, direct, control, or interfere with the licensee's practice of dentistry; provided that this section shall not apply to the State or any county, any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center.

(b) A licensed dentist shall not permit a non-dentist to:

(1) Direct or interfere with the licensee's clinical judgment and competent practice of dentistry;

(2) Select a course of treatment for a patient, the procedures or materials to be used as part of the course of treatment, and the manner in which such course of treatment is carried out by the licensee;

(3) Exercise control of the patient's records; or

(4) Prohibit or limit access to the dental office, facilities, and equipment necessary to provide service to the licensee's patients. [L 2008, c 44, §1]
Haw. Rev. Stat. § 440E-18 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-18
Drug test; withholding of wages; penalty.
Status: in_force

(a) On the advice of one or both of the physicians in attendance at every contest, a post-contest drug test may be administered to any contestant, at the sole expense of the promoter, to determine whether the contestant has consumed any illegal drugs or drugs banned by the director.

(b) Any money, prize, purse, or other form of compensation due to a contestant shall be withheld by the director until the director, in consultation with the two attending physicians, is satisfied that the contestant did not have the presence of any illegal or banned drugs in the contestant's system.

(c) Any contestant who fails a drug test shall have the contestant's license suspended by the director for not less than twelve months from the date of the offense and, in the discretion of the director, may have the contestant's license permanently revoked. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 444-15 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-15
Fees; biennial renewals; inactive license.
Status: in_force

(a) The biennial renewal fee or inactive license fee, and the recovery fund, education fund, and compliance resolution fund fees shall be paid to the board on or before September 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. Failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before September 30 of each even-numbered year shall constitute a forfeiture of the licensee's license.

(b) Any forfeited license may be restored upon submittal of all required documents and fees, plus a penalty fee, within sixty days from September 30 of the even-numbered year.

(c) Upon written request of a licensee, the board may place that person's active license in an inactive status. The licensee, upon payment of the inactive license fee, may continue inactive for the biennial period. Failure, neglect, or refusal of any licensee in inactive status to pay the inactive license fee shall constitute a forfeiture of the license. The license may be reactivated at any time during the biennial period by making written request to the board and by fulfilling all the requirements, including the payment of the appropriate fees. While in an inactive status, a licensee shall not engage in contracting; a licensee who violates this prohibition shall be subject to discipline under this chapter and the board's rules.

(d) For purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. [L 1957, c 305, §1(s 14); am L 1961, c 184, §2(a); am L 1965, c 241, §3; Supp, §166A-14; HRS §444-15; am L 1969, c 56, §3; am L 1975, c 118, §9; am L 1977, c 152, §1; am L 1980, c 30, §1; gen ch 1985; am L 1988, c 109, §2; am L 1992, c 202, §67; am L 1994, c 132, §1; am L 1995, c 20, §5; am L 1997, c 7, §1]
Haw. Rev. Stat. § 437B-2 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-2
Applicability of chapter.
Status: in_force

This chapter does not apply to:

(1) Employees of the county, state, or federal governments when carrying out the functions of governmental employment; or

(2) Employees of a commercial or business enterprise who engage in the repair of motor vehicles which are owned, maintained, and operated exclusively by such commercial or business enterprise and which are not leased or rented to others; provided that employees may voluntarily be licensed pursuant to this chapter. [L 1975, c 143, pt of §2; am L 1986, c 150, §2; am L 1998, c 199, §2]
Haw. Rev. Stat. § 466-11 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-11
Injunctions against prohibited acts.
Status: in_force

(a) Whenever, as a result of an investigation under section 466-13 or otherwise, the board has reason to believe that any person or firm has engaged, or is about to engage, in any act, or acts, or practices that constitute or will constitute a violation of section 466-10, the board may certify the facts underlying the belief to the attorney general of this State, who shall make application to the appropriate court for an order enjoining the act, or acts, or practices, and, upon a showing by the board that the person or firm has engaged, or is about to engage, in any act, or acts, or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court without bond.

(b) A violation of section 466-10 is a misdemeanor. Whenever the board has reason to believe that any person is liable to punishment under this section it may certify the facts underlying the belief to the county attorney or prosecuting attorney of the county in which the violation occurred who shall cause appropriate proceedings to be brought.

(c) Any person or firm who violates this chapter may be fined not more than $5,000 for each violation.

(d) The display or uttering by a person or firm of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a person's or firm's name in conjunction with the words "certified public accountant" or any abbreviation thereof, of the words "public accountant" or any abbreviation thereof, shall be prima facie evidence in any action brought under subsection (a) or (b) of this section that the person or firm whose name is so displayed, caused or procured the display or uttering of the card, sign, advertisement, or other printed, engraved, or written instrument or device and that the person or firm is holding itself out to be a certified public accountant or public accountant holding a current permit to practice issued under section 466-7.

(e) 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. [L 1973, c 158, pt of §2; am L 1975, c 24, §10; gen ch 1985; am L 1986, c 211, §9; am L 1989, c 110, §12; am L 2014, c 58, §2]
Haw. Rev. Stat. § 447-5 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-5
Dental hygiene school.
Status: in_force

Any legally incorporated eleemosynary dental dispensary or infirmary, maintaining proper standards and equipment, may establish for students a school of dental hygiene, providing courses of study in oral hygiene. All such students, upon entrance, shall be required to present satisfactory evidence of graduation from a high school or its equivalent in education. They may be graduated in not less than two years as dental hygienists, but shall not practice until licensed as provided in this chapter.
Haw. Rev. Stat. § 460J-19 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-19
Termite control contracts and written inspection reports; form and contents; filing and delivery; control service; control service contract.
Status: in_force

(a) This section shall apply to contracts for the control of termites and written inspection reports.

(b) No licensee shall commence work on a contract for the control of termites until an inspection has been made and a written inspection report and a written estimate have been approved by the person requesting the work; provided that no written inspection report shall be required in the event that a live infestation exists. The written inspection report shall be on a PC-9 form prescribed by the board and shall include the following:

(1) The date of the inspection and the name of the person making the inspection;

(2) The name and address of the person or firm ordering the report;

(3) The name and address of any person who is a party in interest to whom the licensee is to send certified copies of inspection reports and completion notices;

(4) The address or location of the property;

(5) A general description of the building or premises inspected; and

(6) The location of visible termite infestations apparent to the licensee.

The licensee shall not be responsible for an infestation unless its presence was visible at the time of the inspection. There shall be no guarantees or warranties on the written inspection report.

(c) Control service is defined as the regular reinspection of a property after a written inspection report has been made in compliance with this section and such corrections as have been agreed upon have been completed. Under a control service agreement, a licensee shall refer to the original written inspection report and contract in such manner as to identify them clearly, and the original written inspection report shall be assumed to be a true report of conditions as originally issued, except it may be modified after a control service inspection. A licensee is not required to issue a report as outlined in paragraphs (1) to (6) after each control service inspection. If after control service inspection, no modification of the original written inspection report is made in writing, then it will be assumed that conditions are as originally reported. A control service contract shall identify the particular types of termites and the portions of the buildings or structures covered by the contract. [L 1972, c 134, pt of §1; gen ch 1985; am L 1987, c 102, §1; am L 1991, c 116, §1; am L 1993, c 74, §6]
Haw. Rev. Stat. § 461J-5 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-5
Powers and duties of board.
Status: in_force

In addition to any other powers and duties authorized by law, the board may:

(1) Adopt, amend, or repeal rules in accordance with chapter 91 for the purposes of this chapter;

(2) Recommend the denial or withdrawal of accreditation from educational programs for failure to meet prescribed standards;

(3) Conduct hearings upon charges calling for discipline of a licensee or denial, suspension, limitation, or revocation of a license;

(4) Exercise the power to issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings;

(5) Enforce this chapter and the rules adopted pursuant thereto; and

(6) Keep a record of all its proceedings. [L 1985, c 276, pt of §1; am L 1992, c 202, §141]
Haw. Rev. Stat. § 457B-5 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-5
REPEALED.
Status: in_force

L 1992, c 202, §218.
Haw. Rev. Stat. § 467-19 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-19
Management of fund.
Status: in_force

(a) The sums received by the real estate commission for deposit in the real estate recovery fund shall be held by the commission in trust for carrying out the purpose of the real estate recovery fund. The real estate commission, as the trustee of the recovery fund, shall be authorized to expend the funds to retain private legal counsel to represent the commission in any action involving the real estate recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system, and the interest from these investments shall be deposited to the credit of the real estate education fund, and which shall be available to the commission for educational purposes, which is hereby created. The real estate commission, as trustee of the real estate education fund, may invest and reinvest the real estate education fund in the same manner as funds of the state employees' retirement system. Any law to the contrary notwithstanding, the commission may make a finding that a fee adjustment is appropriate and may adjust the fees generated to regulate the fund balances of the real estate recovery fund and the real estate education fund to appropriate levels to maintain a reasonable relation between the fees generated and the cost of services rendered by the real estate recovery fund and real estate education fund. The commission for investment purposes, may combine the real estate education and recovery funds and invest and reinvest the combined funds in the same manner as funds of the state employees' retirement system. The commission shall keep separate accounting records for the two funds. For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the funds, the commission's review shall include the following:

(1) Frequency and timing of anticipated revenue to the fund;

(2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;

(3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;

(4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and

(5) Any statutory adjustments to fund payout amounts.

The balance in each fund shall not exceed sums determined by the commission. The sums shall be determined by the commission biennially.

(b) Educational purposes as used in subsection (a) shall include those purposes to promote the advancement of education and research in the field of real estate for the benefit of the public and those licensed under the provisions of this chapter and the improvement and more efficient administration of the real estate industry. The commission, in its discretion, may use any and all moneys in the real estate education fund consistent with the above. The commission and the director of commerce and consumer affairs may also use moneys in the education fund to employ necessary personnel, not subject to chapter 76, to fully effectuate subsection (b) and carry out its purpose. [L 1967, c 187, pt of §1; HRS §467-19; am L 1974, c 60, §1; am L 1982, c 270, §4; am L 1987, c 178, §1; am L 2000, c 253, §150; am L 2020, c 12, §5]
Haw. Rev. Stat. § 441-16 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-16
Hearing.
Status: in_force

The notice of hearing provided in section 441-15 shall be given by publication once a week for at least three consecutive weeks in a daily newspaper of general circulation in the county where the cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed. The notice shall:

(1) Describe the portion of the cemetery property sought to be removed from dedication;

(2) State that all remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication;

(3) Specify the time and place of the hearing. [L 1967, c 199, pt of §1; HRS §441-16]
Haw. Rev. Stat. § 466-37 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-37
Retention of documents.
Status: in_force

(a) Each reviewer shall maintain all documentation necessary to establish that each review conforms to the review standards of the relevant review program, including the review working papers, copies of the review report, and any correspondence indicating the firm's concurrence and non-concurrence, along with any proposed remedial actions and any related implementation.

(b) The documents described in subsection (a) shall be retained by the reviewer for a period of time corresponding to the retention period of the sponsoring organization, and upon request of the board, shall be made available to the board; provided that the document shall be retained for at least one hundred twenty days after the date of completion of the review by the sponsoring organization. [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 445-233 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-233
Statement required.
Status: in_force

(a) Every scrap dealer, when the dealer purchases scrap within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the scrap. This statement shall also contain the seller ' s name; the seller ' s business or residence address; the seller ' s occupation; a description, including serial numbers and other identifying marks, when practical, of every scrap; the amount received by the seller; the date, time, and place of the sale; and the license number of any vehicle used to deliver the property to the place of purchase.

(b) If the scrap presented for purchase is copper, palladium, platinum, rhodium, a beer keg, or an urn, in whole or in part, the seller shall provide a copy of a receipt that describes, with particularity:

(1) The exact item that is being offered for sale;

(2) The name of the person who issued the receipt;

(3) The date of sale of the item before the item's being offered to the scrap dealer; and

(4) The price, if any, of the item when obtained by the seller.

(c) If a receipt is not available, the seller shall provide to the scrap dealer a notarized declaration, describing with particularity:

(1) The exact item that is being offered for sale;

(2) Who sold or otherwise transferred the item to the seller;

(3) The date of sale of the item; and

(4) The price, if any, of the item when obtained by the seller.

(d) If the seller does not provide a copy of the receipt or the notarized declaration as required by subsection (b) or (c), respectively, the scrap dealer shall not purchase the copper, palladium, platinum, rhodium, beer keg, or urn, in whole or in part, and shall report the attempted sale to the applicable county police department.

(e) Upon purchase of any copper, palladium, platinum, rhodium, beer keg, or urn, in whole or in part, the scrap dealer shall take one or more separate photographs of each individual item offered for sale.

(f) The scrap dealer shall require the seller to verify the seller's identity by presenting a valid photo identification card or driver's license issued by a federal or state government agency authorized to issue valid identification. If the scrap being offered for sale is copper, palladium, platinum, rhodium, a beer keg, or an urn, in whole or in part, the scrap dealer shall:

(1) Take a photograph of the seller; and

(2) Make a photocopy of the identification card or driver's license of the seller.

(g) The scrap d ealer shall keep at the dealer's place of business the signed written statement, the receipt or notarized declaration required by subsections (b) and (c), the photographs required by subsection (e), and the photocopy of the identification card or license and photograph of the seller required by subsection (f), if applicable, from the seller for a period of two years after the date of purchase and the statement, the receipt or notarized declaration required by subsections (b) and (c), the photographs required by subsection (e), and the photocopy and photograph required by subsection (f), if applicable, may be examined at any time by the treasurer, the chief of police , the attorney general, the prosecuting attorney, or their designees.

(h) Public utilities, as defined in section 269-1, shall be exempt from the requirements of subsections (b) and (c). When the seller is a public utility, the scrap dealer shall not be required to obtain the statement required by subsection (a), and the scrap dealer shall not be prohibited by subsection (d) from purchasing the copper from the public utility. [L 1976, c 230, pt of §2; gen ch 1985; am L 2007, c 197, §§3, 7; am L 2008, c 53, §§3, 6; am L 2009, c 44, §§1, 2; am L 2016, c 199, §3; am L 2022, c 88, §6 ]
Haw. Rev. Stat. § 454M-4.5 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-4.5
Registration with NMLS.
Status: in_force

The commissioner may require all mortgage servicers to register with NMLS.
Haw. Rev. Stat. § 440G-8.2 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-8.2
Cable system installation, construction, operation, removal; general provisions.
Status: in_force

(a) A cable franchise shall be construed to authorize the construction or operation of a cable system within the service area above, below, on, in, or along any highway or other public place and through easements which have been dedicated for compatible purposes.

(b) The technical specifications, general routes of the distribution system, and the schedule for construction of the cable system shall be subject to the director's approval.

(c) In installing, operating, and maintaining facilities, the cable operator shall avoid all unnecessary damage and injury to any trees, structures, and improvements in and along the routes authorized by the director.

(d) The cable operator shall indemnify and hold the State and the county harmless at all times from any and all claims for injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of its cable system, notwithstanding any negligence on the part of the State or county, their employees or agents. Upon receipt of notice in writing from the State or county, the cable operator shall, at its own expense, defend any action or proceeding against the State or county in which it is claimed that personal injury or property damage was caused by activities of the cable operator in the installation, operation, or maintenance of its cable system.

(e) The cable operator shall provide a cable drop and basic cable service at no cost to any school or institution of higher education within its service area; provided that service is actually being delivered within a reasonable distance from the school or institution of higher education which may request service.

(f) The cable operator shall designate three or more channels for public, educational, or governmental use.

(g) Upon termination of the period of the cable permit or of any renewal thereof, by passage of time or otherwise, the cable operator shall remove its facilities from the highways and other public places in, on, over, under, or along which they are installed if so ordered by the director and shall restore the areas to their original or other acceptable condition, or otherwise dispose of same. If removal is not completed within six months of the termination, any property not removed shall be deemed to have been abandoned and the cable operator shall be liable for the cost of its removal.

(h) The use of public highways within the meaning of section 264-1 and other public places shall be subject to:

(1) All applicable state statutes and all applicable rules and orders of the public utilities commission governing the construction, maintenance, and removal of overhead and underground facilities of public utilities;

(2) For county highways, all applicable public welfare rules adopted by the governing body of the county in which the county highways are situated;

(3) For state or federal-aid highways, all public welfare rules adopted by the director of transportation; and

(4) For the relocation of cable facilities, the provisions of section 264-33 concerning the allocation of expenses for the relocation of utility facilities.

(i) In the use of easements dedicated to compatible purposes, the cable operator shall ensure:

(1) That the safety, functioning, and appearance of the property and the convenience and safety of other persons is not adversely affected by the installation or construction of facilities necessary for a cable system;

(2) That the cost of the installation, construction, operation, or removal of facilities is borne by the cable operator or subscribers, or a combination of both; and

(3) That the owner of the property is justly compensated by the cable operator for any damages caused by the installation, construction, operation, or removal of facilities by the cable operator. [L 1987, c 301, pt of §9]
Haw. Rev. Stat. § 458-11 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-11
Reinstatement.
Status: in_force

The director may reinstate without examination the license of any dispensing optician issued under this chapter which has been revoked or may modify the suspension of any such license which has been suspended.
Haw. Rev. Stat. § 455-8.5 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-8.5
REPEALED.
Status: in_force

L 1992, c 202, §214.
Haw. Rev. Stat. § 446-3 — HI Code / Division 2 / Title 25 / Chapter 446 / Section 446-3
Persons not affected.
Status: in_force

The following persons are not debt adjusters for the purposes of this chapter:

(1) An attorney licensed to practice law in this State, including the Legal Aid Society of Hawaii;

(2) A person who is a regular full-time employee of a debtor and who acts as an adjuster of the person's employer's debt;

(3) A person acting pursuant to any order or judgment of court or pursuant to authority conferred by any law of this State or of the United States;

(4) A nonprofit or charitable corporation or association who acts as an adjuster of a debtor's debts, even though the nonprofit corporation or association may charge and collect nominal sums as reimbursement for expenses in connection with such services. [L 1967, c 3, §4; HRS §446-3; gen ch 1985]
Haw. Rev. Stat. § 449-1.5 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-1.5
Applicability of chapter.
Status: in_force

This chapter shall apply to all escrow depositories and to any other corporations that, by violating any of the provisions of this chapter, shall be subject to the penalties and fines provided in this chapter.
Haw. Rev. Stat. § 460J-8 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-8
License requirements.
Status: in_force

To obtain an operator's license, a person shall fulfill the following requirements:

(1) File an application as prescribed by the board;

(2) Possess a history of honesty, truthfulness, financial integrity, and fair dealing;

(3) Be at least eighteen years of age;

(4) Satisfy the board's examination and experience requirements;

(5) If a partnership, joint venture, corporation, or sole proprietorship, be under the direct management of a responsible managing employee or operator with an appropriate license;

(6) Submit satisfactory proof to the board that the person has obtained workers' compensation insurance or has been authorized to act as a self-insurer as required by chapter 386 or is excluded from the requirements of chapter 386;

(7) Submit satisfactory proof to the board that the person has obtained liability insurance, pursuant to section 460J-25; and

(8) Provide other documentation as required by the board. [L 1972, c 134, pt of §1; am L 1975, c 41, §1; gen ch 1985; am L 1986, c 126, §3; am L 1987, c 143, §2; am L 1991, c 16, §7; am L 1993, c 74, §3; am L 1997, c 84, §2]
Haw. Rev. Stat. § 455-2 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-2
Licensing application and requirements; fees.
Status: in_force

(a) Any person desiring to practice naturopathic medicine shall be licensed under this chapter. To obtain a license under this chapter, a person shall submit a completed application prescribed by the board; provide the information required under this chapter, rules of the board, and other applicable laws and rules; and pay a nonrefundable application fee and other fees provided in rules adopted by the department in accordance with chapter 91.

(b) To qualify for licensure, an applicant shall have met the education, examination, and other requirements prescribed by this chapter, the rules of the board, and other applicable laws and rules. [L 1925, c 77, pt of §1; RL 1935, §1301; am L 1937, c 221, §1; RL 1945, §2652; RL 1955, §66-2; am L 1957, c 316, §6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §455-2; am L 1969, c 106, §1; am L 1982, c 204, §8; am L 1984, c 7, §38; am L 1986, c 76, §6; am L 1987, c 281, §2(2); am L 2002, c 14, §1; am L Sp 2009, c 22, §4]
Haw. Rev. Stat. § 445-116 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-116
§§445-116 to 445-119 REPEALED.
Status: repealed

§§445-116 to 445-119 REPEALED. L 1982, c 236, §1.
Haw. Rev. Stat. § 436E-10 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-10
Revocation or suspension of licenses.
Status: in_force

In addition to any other actions authorized by law, any license to practice acupuncture under this chapter may be revoked or suspended by the board of acupuncture at any time in a proceeding before the board for any cause authorized by law, including but not limited to the following:

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

(2) The use of false, fraudulent, or deceptive advertising and making untruthful and improbable statements;

(3) Habitually using any habit-forming controlled substance, such as opium or any of its derivatives, morphine, heroin, or cocaine;

(4) Procuring a license through fraud, misrepresentation, or deceit;

(5) Professional misconduct or gross carelessness or manifest incapacity in the practice of acupuncture; or

(6) Violating any rules adopted under this chapter. [L 1985, c 214, pt of §1; am L 1992, c 202, §24]
Haw. Rev. Stat. § 448B-9 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-9
Fees; disposition.
Status: in_force

(a) Application, examination, reexamination, license, renewal, late renewal penalty fees, inactive, and other reasonable and necessary fees relating to administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.

(b) Fees assessed shall defray all costs to be incurred by the director to support the operation of the dietitian licensure program. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 443B-10.5 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-10.5
Fiduciary responsibility.
Status: in_force

Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and with all applicable laws.
Haw. Rev. Stat. § 448F-5 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-5
Examination, fees required.
Status: in_force

(a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score. No license shall be issued unless all fees required by the director have been paid.

(b) The department may contract with a professional testing service to prepare, administer, and grade the examination for licensure as an electrologist. For these purposes, the department may require applicants to pay the examination fee directly to the testing service. [L 1990, c 285, pt of §1]
Haw. Rev. Stat. § 444-11 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-11
No license issued when.
Status: in_force

(a) No license hereunder shall be issued to:

(1) Any person unless the person has filed an application and paid the applicable fees;

(2) Any person unless the person meets the experience requirements as prescribed in the board's rules; provided that the board may accept experience acquired on a self-employed or unlicensed basis if the experience can be verified;

(3) Any person who does not possess a history of honesty, truthfulness, financial integrity, and fair dealing; provided that any person who during the six years prior to application has failed to satisfy an undisputed debt or a judgment relating to services or materials rendered in connection with operations as a contractor shall be presumed not to possess a history of financial integrity;

(4) Any person unless the person has successfully passed a written examination as prescribed by the board;

(5) Any individual unless the individual is age eighteen years or more;

(6) Any joint venture which is not exempt under section 444-2(8) unless the contracting business thereof is under the direct management of a member or employee thereof, and unless the member or employee holds an appropriate license;

(7) Any individual who is unable to qualify as a contractor or any partnership or corporation, unless the contracting business of the individual, partnership, or corporation is under the direct management of an employee, partner, or officer thereof who holds an appropriate license;

(8) Any person unless the person submits satisfactory proof to the board that the person has obtained workers' compensation insurance, or has been authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;

(9) Any person unless the person submits satisfactory proof to the board that the person has obtained liability insurance; or

(10) Any person unless the person submits a bond if required by the board under section 444-16.5.

(b) Any license issued hereunder shall not be renewed if the licensee no longer meets any of the foregoing qualifications.

(c) An application shall be considered abandoned if the application is not completed and the required documents or other information are not submitted to the board within two years from the last date the documents or information were requested. [L 1957, c 305, §1(s 10); Supp, §166A-10; HRS §444-11; am L 1969, c 56, §2 and c 163, §2; am L 1971, c 191, §1; am L 1972, c 2, §18; am L 1975, c 41, §1; am L 1983, c 201, §2; am L 1985, c 67, §1; gen ch 1985; am L 1986, c 319, §1; am L 1992, c 258, §3 and c 269, §3; am L 1995, c 20, §2]
Haw. Rev. Stat. § 451K-1 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-1
Definitions.
Status: in_force

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

"Active candidate status" means documentation of eligibility to take the American Board of Genetic Counseling or its equivalent certification examinations.

"Board certified" means an individual who has passed the American Board of Genetic Counseling certification examination and remains actively certified by American Board of Genetic Counseling or its equivalent.

"Department" means the department of health.

"Director" means the director of health.

"Genetic counseling practice" means the rendering of professional counseling services based on specialized education and training to individuals, families, or groups for compensation, monetary or otherwise. These counseling services include the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder. "Genetic counseling practice" includes:

(1) Obtaining and interpreting individual, family, medical, developmental, and reproductive histories;

(2) Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;

(3) Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;

(4) Identifying, coordinating, interpreting, and explaining genetic laboratory tests and other diagnostic studies;

(5) Assessing psychological factors and recognizing social, educational, and cultural issues related to having or being at risk for genetic conditions;

(6) Evaluating the client's or family's responses to the genetic condition or risk of having the genetic condition, and providing client-centered counseling and anticipatory guidance;

(7) Communicating information to their clients in an understandable manner;

(8) Facilitating informed decision-making about testing, treatment, and management;

(9) Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and

(10) Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals.

"Genetic counselor" means a person licensed under this chapter who engages in genetic counseling practice.

"Licensed genetic counselor" means an individual who holds a license in good standing to practice genetic counseling under this chapter. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 445-28 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-28
Place of public auction room.
Status: in_force

It shall be unlawful for any licensed auctioneer, for the purpose of selling, or exposing for sale, property other than the property duly listed in the statement filed with the county treasurer, as required by section 445-22, to establish a public auction room if a closing-out sale has been conducted on the place, or if property is offered for sale by public auction which has been held for sale on the place, at any time within one year preceding the commencement of the auction, unless sixty days have elapsed after the last day on which the closing-out sale has been conducted, or sixty days have elapsed after the last day on which an auction sale has been conducted in accordance with section 445-22, whichever date is the later.
Haw. Rev. Stat. § 440-31 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-31
Persons barred as amateur contestants.
Status: in_force

No person shall appear as a contestant in amateur boxing contests who prior thereto has received any compensation or monetary reward in any form for displaying, exercising, or giving any example of the person's boxing skill or for rendering services to any athletic organization or to any person or persons as a boxing trainer, coach, instructor, or otherwise, or who has been employed in any manner professionally by reason of the person's boxing skill or knowledge.
Haw. Rev. Stat. § 437B-23 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-23
Certification program.
Status: in_force

(a) The board, at its sole discretion, may enter into written agreements with entities, educational institutions, and other organizations to develop and administer a certification program for motor vehicle mechanics that will provide education and training in order to ensure that the mechanics' knowledge, skills, and abilities are current with industry standards. The entities, educational institutions, and other organizations shall have the range of expertise, knowledge, and structure to provide instruction, information, guidance, and services to assist mechanics in obtaining necessary competencies to engage in motor vehicle repairs in order to protect consumers. Alternatively, the board may accept certificates from a national certification program approved by the board without the need to contract with the organization that administers the national certification program.

(b) The certification program shall provide for issuing a certificate to mechanics generally skilled in the repair of motor vehicles and to mechanics who specialize in certain areas of motor vehicle repair. An individual may be certified as being generally skilled in the repair of motor vehicles, specially skilled in one or more areas of motor vehicle repair, or both. Each area shall be separately tested and certified. The program shall provide for apprenticeship leading to certification as a mechanic. The program may be an apprenticeship program registered with the department of labor and industrial relations in accordance with applicable governing law. Nothing in this section or chapter shall prevent a student in a course leading to certification from repairing motor vehicles so long as the student is supervised by a mechanic who is licensed in accordance with this chapter.

(c) The certification test shall be approved by the board and, if written, shall be given orally at the request of the individual being tested. Each application for certification shall be accompanied by a nonrefundable examination fee as provided in rules adopted by the department pursuant to chapter 91.

(d) There shall be no limit on the number of times an individual may apply for certification; provided that an applicant who does not pass the examination shall wait at least thirty calendar days before being eligible to retake the test.

(e) All individuals who take and pass the certification test shall be awarded a certificate which shall be posted in a prominent place at the individual's place of business or employment and a patch which may be worn on clothing apparel. The entity, educational institution, or other organization who has entered into a written agreement with the board or been approved by the board pursuant to subsection (a) shall design and procure the certificate and patch. [L 1975, c 143, pt of §2; am L 1977, c 34, §3; am L 1984, c 7, §7; am L 1986, c 74, §3; am L 1988, c 128, §2; am L 1992, c 87, §9; am L 2014, c225, §2]
Haw. Rev. Stat. § 451D-3 — HI Code / Division 2 / Title 25 / Chapter 451D / Section 451D-3
Powers.
Status: in_force

(a) In addition to any other powers conferred by law, the boards shall have the following powers:

(1) To establish by rule an inactive license category for those not currently practicing in the State, including the procedure and conditions for activation of the license;

(2) To establish by rule a retired license category including the procedure and conditions for activation of the license.

(b) Notwithstanding any other law to the contrary, the boards and the department may communicate or cooperate with any federal, state, or county licensing board or agency, or any other federal, state, or county agency which is investigating an applicant or a licensee, on matters pertaining to the professional qualifications or fitness of the applicant or licensee. All disciplinary actions taken by the boards, including license denials, shall be matters of public record and be promptly reported by the board to any central disciplinary data bank or clearinghouse in the United States, to the state professional societies, to the state hospital association, and, upon request, to any health care facility. Voluntary surrender of, and voluntary limitations on, the license of any person shall be a matter of public record and shall be reported to the disciplinary [data] banks or clearinghouses, to the state professional societies, to the state hospital association, and, upon request, to any health care facility in the State. [L 1987, c 67, pt of §1]
Haw. Rev. Stat. § 466K-6 — HI Code / Division 2 / Title 25 / Chapter 466K / Section 466K-6
Appraisers in arbitration proceedings; recordation; nonconfidentiality.
Status: in_force

(a) Arbitration awards, records of awards, and supplementary, dissenting, or explanatory opinions recorded pursuant to this section shall be public records.

(b) In an arbitration proceeding to determine the fair market value, fair market rental, or fair and reasonable rent of real property where the arbitrator is a real estate appraiser licensed or certified under this chapter, the record of an award shall include but not be limited to findings of fact; the state-licensed or certified appraiser's rationale for the award; the state-licensed or certified appraiser's certification of compliance with the most current Uniform Standards of Professional Appraisal Practice as approved by the director; and information regarding the evidence, including the data, methodologies, and analysis that provided the basis for the award.

(c) A real estate appraiser licensed or certified under this chapter who is named or appointed as an arbitrator in a submission agreement to appraise or arbitrate entered into after July 1, 2014, shall record with the bureau of conveyances all arbitration awards; records of awards, if separately issued; and any supplementary, dissenting, or explanatory opinions on awards within ninety days of the notification of the determination of the award to the parties.

(d) No agreement between the parties or the appraisers acting as arbitrators shall preclude or deny the requirement to record an award, the record of an award, or any supplementary, dissenting, or explanatory opinions as required by this section.

(e) Failure to comply with this section shall be a violation of this chapter for purposes of licensing or certification. [L 2011, c 227, pt of §2; am L 2014, c 73, §2]
Haw. Rev. Stat. § 453-32 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-32
License requirements for emergency medical services.
Status: in_force

(a) The Hawaii medical board shall issue licenses to individuals qualified in emergency medical services, upon application therefor; provided that the applicant for licensure:

(1) Holds a current certificate from the National Registry of Emergency Medical Technicians for the requisite level of practice, has satisfactorily passed a course of training in emergency medical services for emergency ambulance services personnel that shall be based on and may exceed the national curriculum of the United States Department of Transportation and approved by the board if required for the applicable level of practice, and meets other standards and qualifications, including passage of an examination, set by the Hawaii medical board pertinent to the practice of emergency medical services in Hawaii;

(2) Meets continuing education requirements that shall be set by the Hawaii medical board; and

(3) Meets other qualifications set by the Hawaii medical board.

(b) The board shall directly review the credentials of applicants and administer examinations required. Licensure under this section shall be a prerequisite to the practice of emergency medical services as an employee of an emergency ambulance service.

(c) The Hawaii medical board shall provide standard application forms for the licensure under this part, and shall provide for the periodic renewal of such license. The Hawaii medical board shall assess a fee for such application, licensure, and renewal. The Hawaii medical board shall provide for the revocation, suspension, or limitation of licensure in the event an individual once licensed under this section fails to maintain or meet requirements for continued licensure, or for good cause shown.

(d) For purposes of this section, "emergency ambulance personnel" means emergency medical technicians, advanced emergency medical technicians, mobile intensive care technicians, or paramedics. [L 1978, c 148, pt of §2(1); am L 1984, c 168, §15; am L 1989, c 181, §5; am L 2008, c 9, §3; am L 2021, c 119, §6]
Haw. Rev. Stat. § 468M-16 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-16
Criminal penalties.
Status: in_force

A person commits the criminal offense of theft if the person, being an activity desk or an agent, employee, or independent contractor of an activity desk, knowingly or intentionally violates section 468M-9(a), (b) or (c) of this chapter.
Haw. Rev. Stat. § 466-12 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-12
Ownership of accountant's working papers.
Status: in_force

All statements, records, schedules, working papers, and memoranda made by the licensee, partner, shareholder, officer, director, or employee incidental to, or in the course of rendering services to a client in the practice of public accountancy, except reports submitted by the licensee to the client and except for records that are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or stockholders of the licensee, or any combined or merged firm or successor in interest to the licensee or operation of law.
Haw. Rev. Stat. § 461-21.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-21.5
Discipline based on action taken by another state or federal agency; conditions; prohibition on practice.
Status: in_force

(a) Upon receipt of evidence of revocation, suspension, or other disciplinary action against a licensee by another state or federal agency, the board may issue an order imposing disciplinary action upon the licensee on the following conditions:

(1) The board shall serve the licensee with a proposed order imposing disciplinary action as required by chapter 91;

(2) The licensee shall have the right to request a hearing pursuant to chapter 91 to show cause why the action described in the proposed order should not be imposed;

(3) Any request for a hearing shall be made in writing and filed with the board within twenty days after mailing of the proposed order to the licensee; and

(4) If the licensee does not submit a written request for a hearing within twenty days after mailing of the proposed order, the board shall issue a final order imposing the disciplinary action described in the proposed order;

provided that the board shall not issue an order imposing disciplinary action upon the licensee if the revocation, suspension, or other disciplinary action against a licensee by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State.

(b) A certified copy of the disciplinary action by another state or federal agency shall constitute prima facie evidence of the disciplinary action.

(c) A licensee against whom the board has issued a proposed order under this section shall be prohibited from practicing in this State until the board issues a final order if:

(1) The licensee was the subject of disciplinary action by another state, except where the disciplinary action against the licensee by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State; and

(2) The disciplinary action by another state prohibits the licensee from practicing in that state.

(d) In addition to the provisions of this section, the board may take any other action authorized by this chapter or chapter 436B.

(e) Notwithstanding any law to the contrary, the final order of discipline taken pursuant to this section shall be a matter of public record. [L 2016, c 38, §5; am L 2023, c 2, §12]
Haw. Rev. Stat. § 468M-8 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-8
Requirements for offering discounts.
Status: in_force

When a discount offered for any activity is contingent upon any requirement that the recipient of the discount first attend a sales presentation of any kind, the activity desk shall disclose the requirement in writing to the recipient of the discount before any payment is made. Failure to do so shall constitute a false and deceptive business practice subject to a civil fine of not less than $1,000 per day for each occurrence.
Haw. Rev. Stat. § 468M-1 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-1
Definitions.
Status: in_force

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

"Activity desk" means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or combination thereof, which for compensation or other consideration, acts or attempts to act as an intermediary to sell, contract for, arrange, or advertise that it can or will arrange, or has arranged, activities which are furnished by an activity provider. This chapter shall not apply to any hotel as defined under section 486K-1, or air carrier as defined by the Federal Aviation Act of 1958 (49 U.S.C.S. Appx §1301), as amended, for services for which they do not accept consumer moneys for services other than their own.

"Activity provider" means an individual, firm, corporation, association, partnership, or any group of persons, whether incorporated or not, which provides specialized air, land, or sea tour excursions and activities, but does not mean sellers of airline coupons or tickets.

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

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

"Net sales" means gross sales minus the commission paid to activity desks. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, §§2, 4; am L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2]