Haw. Rev. Stat. § 465-6 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-6
Powers and duties.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] In addition to any other powers and duties authorized by law, the board shall:

(1) Examine the qualifications of applicants for licensing under this chapter to determine their eligibility for licensing as psychologists;

(2) Administer and grade examinations for applicants as may be required for the purposes of this chapter. The board shall determine the examinations and the score that shall be deemed a passing score. Examinations shall be scheduled at least once annually;

(3) Keep a record of action taken on all applicants for licensing; the names of all persons licensed; petitions for temporary permits; actions involving suspension, revocation, or denial of licenses; decisions on waiver of examination in whole or in part and receipt and disbursal of any moneys; and

(4) Adopt, amend, and repeal pursuant to chapter 91, rules as it deems proper for the purposes of this chapter. [L 1967, c 290, pt of §1; HRS §465-6; am L 1971, c 84, §4; am L 1983, c 136, §3; am L 1985, c 115, §8; am L 1987, c 72, §2; am L 1992, c 202, §159; am L 1997, c 37, §1]

§465-6 Powers and duties. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] In addition to any other powers and duties authorized by law, the board shall:

(1) Examine the qualifications of applicants for licensing under this chapter to determine their eligibility for licensing as psychologists or associate psychologists;

(2) Administer and grade examinations for applicants as may be required for the purposes of this chapter. The board shall determine the examinations and the score that shall be deemed a passing score. Examinations shall be scheduled at least once annually;

(3) Keep a record of action taken on all applicants for licensing; the names of all persons licensed; petitions for temporary permits; actions involving suspension, revocation, or denial of licenses; decisions on waiver of examination in whole or in part and receipt and disbursal of any moneys; and

(4) Adopt, amend, and repeal pursuant to chapter 91, rules as it deems proper for the purposes of this chapter. [L 1967, c 290, pt of §1; HRS §465-6; am L 1971, c 84, §4; am L 1983, c 136, §3; am L 1985, c 115, §8; am L 1987, c 72, §2; am L 1992, c 202, §159; am L 1997, c 37, §1; am L 2024, c 93, §25]
Haw. Rev. Stat. § 445-36 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-36
Auctioneer may sue.
Status: in_force

Every auctioneer may sue in the auctioneer's own name any person purchasing property sold by the auctioneer at auction, whether to enforce specific performance of the sale or to collect the purchase price thereof.
Haw. Rev. Stat. § 437-22 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-22
REPEALED.
Status: in_force

L 1992, c 202, §184.
Haw. Rev. Stat. § 440-10 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-10
Licenses, promoters.
Status: in_force

(a) Any individual or club may apply to the commission for a license to conduct, hold, or give professional boxing contests. The application shall be in writing, addressed to the commission, and signed by the applicant, or if the applicant is a club, by a duly authorized officer, partner, or member thereof, and shall include the following:

(1) Evidence of financial integrity in accordance with rules adopted by the commission pursuant to chapter 91; and

(2) Proof that the applicant has currently satisfied all of the applicable requirements of the department's business registration division.

(b) The application shall contain a recital of the facts as may be specified by the commission in order for it to determine whether or not the applicant possesses the necessary physical, mental, moral, and financial qualifications to entitle the applicant to a license.

(c) The commission shall not issue any license to conduct, hold, or give boxing contests unless it is satisfied that the applicant has complied with the conditions of this chapter, possesses the necessary qualifications for a license, and is the real party in interest, and intends to conduct, hold, or give the contests or matches itself. The commission shall not issue a promoter's license to an applicant if the applicant or any of the applicant's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of boxing.

(d) A license may be revoked at any time if the commission finds after a hearing that: the licensee is not the real party in interest or has not complied with this chapter or the rules of the commission; or the licensee or any of the licensee's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of boxing.

(e) Every license shall be subject to this chapter and the rules of the commission. [L 1929, c 216, §11; RL 1935, §6998; RL 1945, §7559; am L 1949, c 264, §5; RL 1955, §165-10; HRS §440-10; am L 1983, c 241, §8; am L 1986, c 135, §7; am L 1997, c 40, §5; am L 2004, c 135, §9]
Haw. Rev. Stat. § 457-12.2 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-12.2
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, §15]
Haw. Rev. Stat. § 440-3 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-3
§§440-3 and 440-4 REPEALED.
Status: repealed

§§440-3 and 440-4 REPEALED. L 1992, c 202, §§191, 192.
Haw. Rev. Stat. § 444-8 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-8
Powers to classify and limit operations.
Status: in_force

(a) The contractors license board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage, as defined in section 444-7.

(b) A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. For qualifying or classifying in additional classifications, the licensee shall pay the appropriate application fee but shall not be required to pay any additional license fee.

(c) This section shall not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed. [L 1957, c 305, §1(s 7); am L 1965, c 241, §1; Supp, §166A-7; HRS §444-8; gen ch 1985]
Haw. Rev. Stat. § 437-24 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-24
Licenses terminate, when.
Status: in_force

(a) Any license issued pursuant to this chapter shall terminate upon the permanent or temporary cessation of the business or activity for which it was issued.

(b) A salesperson's license shall terminate upon the termination of the license of the dealer by whom the salesperson is employed or upon the termination of the salesperson's employment.

(c) Upon the termination, suspension, or revocation of a license, the holder shall deliver it to the board.

(d) Where the termination is not the result of suspension or revocation by the board for cause, the board shall reissue the license to the holder without cost if the holder resumes the holder's business or employment within the term for which it was issued. [L 1963, c 199, §1k; Supp, §160-171.2; HRS §437-24; am L 1969, c 263, §1(13); gen ch 1985, 1993; am L 1996, c 264, §7]
Haw. Rev. Stat. § 453-32.5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-32.5
Provisional licensure.
Status: in_force

(a) The board shall approve provisional licensure of an applicant under section 453-32 if the applicant has graduated from a board approved training program within twelve months of the date of application and has never taken the written and practical examination of the National Registry of Emergency Medical Technicians for that level of practice but otherwise meets the requirements of section 453-32, has filed a complete application with the board, and has paid all required fees.

(b) If the applicant fails to apply for, or to take, the next succeeding examination or fails to pass the examination or fails to receive a license, all privileges under this section shall automatically cease upon written notification sent to the applicant by the board. A provisional license for each level of practice may be issued only once to each person.

(c) Prior to practicing under any provisional license, applicants shall notify the board in writing of any and all employers under whom they will be performing services. [L 1984, c 168, pt of §2; am L 1986, c 144, §5; am L 1988, c 110, §7; am L 2021, c 119, §8]
Haw. Rev. Stat. § 468E-3 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-3
Practice as speech pathologist or audiologist; title or description of services.
Status: in_force

(a) A person represents oneself to be a speech pathologist when the person:

(1) Holds oneself out to the public by any title or description of services incorporating the words "speech pathologist", "speech pathology", "speech therapy", "speech correction", "speech correctionist", "speech therapist", "speech clinic", "speech clinician", "language pathologist", "language pathology", "logopedics", "logopedist", "communicology", "communicologist", "asphasiologist", "voice therapy", "voice therapist", "voice pathology", or "voice pathologist", "language therapist", or "phoniatrist", or any similar titles;

(2) Purports to treat stuttering, stammering, or other disorders of speech;

(3) Is employed as a faculty member in speech pathology;

(4) Is employed as a speech pathologist by the State or any county agency.

(b) A person represents oneself to be an audiologist when the person:

(1) Holds oneself out to the public by any title or description of services incorporating the terms "audiology", "audiologist", "audiological", "hearing clinic", "hearing clinician", "hearing therapist", or any similar titles;

(2) Is employed as a faculty member in audiology;

(3) Is employed as an audiologist by the State or any county agency. [L 1974, c 48, pt of §1; am L 1981, c 242, §3; gen ch 1985]
Haw. Rev. Stat. § 436H-2 — HI Code / Division 2 / Title 25 / Chapter 436H / Section 436H-2
[ §436H-2] Definitions.
Status: in_force

[ §436H-2] Definitions. As used in this chapter:

"Athlete" means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities.

"Athletic injury" means an injury that affects the preparation for or participation in organized sports or sports-related activities, or amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities.

"Athletic trainer" means an individual, whether or not registered under this chapter, who engages in the practice of athletic training or represents oneself to be an athletic trainer.

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

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

"Practice of athletic training" refers to the application by an athletic trainer, whether or not registered under this chapter and without regard to certification by any certifying body, of principles and methods to:

(1) Prevent athletic injuries;

(2) Recognize, evaluate, and assess athletic injuries and conditions;

(3) Provide immediate care of athletic injuries, including common emergency medical care;

(4) Treat , rehabilitate, and recondition athletic injuries;

(5) Administer athletic training services and organization; and

(6) Educate athletes;

provided that the practice of athletic training does not include provision of medical services as defined in section 453-1, occupational therapy services as defined in section 457G-1, or physical therapy or physical therapy services as defined in section 461J-1.

"Treating physician" means a physician or osteopathic physician licensed under chapter 453 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by an athletic trainer and oversees the practice of athletic training by an athletic trainer. [L 2012, c 198, pt of §2]
Haw. Rev. Stat. § 442-9 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-9
License refusal, revocations, suspension, fine, limitation, restriction, probation, reissuance.
Status: in_force

(a) In addition to any other actions authorized by law, the board shall refuse to issue or may order any license issued under this chapter to be revoked, suspended, limited, restricted, or placed under probation at any time in a proceeding before the board or fine a licensee for any cause authorized by law, including but not limited to the following:

(1) Procuring or aiding or abetting in procuring an abortion that is unlawful under the laws of this State or that would be unlawful under the laws of this State if performed within this State;

(2) Employing what is popularly known as a "capper" or "steerer";

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

(4) Wilfully betraying patient confidentiality;

(5) Making any untruthful statement in advertising one's practice or business under this chapter;

(6) False, fraudulent, or deceptive advertising;

(7) Advertising directly or indirectly, or in substance upon any card, sign, newspaper advertisement, or other written or printed sign of advertisement that the holder of a license or the licensee's employer or employee will treat, cure, or attempt to treat or cure any venereal disease, or will treat or cure, or attempt to treat or cure, any person afflicted with any sexual disease, lost manhood, sexual weakness, or sexual disorder or any disease of the sexual organs;

(8) Being habitually intemperate;

(9) Habitually using any habit-forming drug, including opium, or any of its derivatives, morphine, heroin, cocaine, or any other habit-forming drug;

(10) The advertising of any means whereby the monthly periods of women can be regulated or the menses reestablished if suppressed;

(11) Procuring a license through fraudulent misrepresentation or deceit;

(12) Professional misconduct or gross carelessness or manifest incapability in the practice of chiropractic;

(13) Violating section 453-2; and

(14) Knowingly recording, registering, or filing, or offering for recordation, registration, or filing, with the department of commerce and consumer affairs any written statement that has been falsely made, completed, or altered, or in which a false entry has been made, or that contains a false statement or false information.

(b) At any time following the suspension, fine, limitation, restriction, or placement under probation of a license, the board may restore the license with all of its original rights and privileges. Any person to whom these rights have been restored shall pay a restoration fee upon the reissuance of the license.

(c) Any person making application for reinstatement or restoration of a license or the original rights and privileges to practice under a license which has been suspended, restricted, limited, or placed under probation may be required, as part of the relief granted, to complete an approved course of continuing education or to complete such study or training as the board may require.

(d) Any person who violates this chapter or the rules adopted pursuant thereto shall be fined not more than $1,000. [L 1925, c 99, §10; RL 1935, §968; RL 1945, §2079; am L 1949, c 151, §1; am L 1955, c 229, §1(c); RL 1955, §60-9; am L Sp 1959 2d, c 1, §19; HRS §442-9; am L 1969, c 48, §4; am L 1974, c 205, §2(10); am L 1984, c 7, §20 and c 243, §5; gen ch 1985; am L 1986, c 212, §1; am L 1992, c 150, §3 and c 202, §57; am L 2023, c 2, §6]
Haw. Rev. Stat. § 468E-12.5 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-12.5
Provisional license.
Status: in_force

(a) The board shall grant, upon application and payment of proper fees, provisional licensure to an individual who:

(1) Possesses at a minimum a master's degree in the area of speech pathology from an educational institution recognized by the board; and

(2) Engages in clinical or academic practice under the supervision of a licensed speech pathologist during the period of time needed to fulfill the necessary requirements for licensure as a speech pathologist pursuant to section 468E-5; provided that the licensed speech pathologist possesses an American Speech-Language-Hearing Association certificate of clinical competence and is in good standing with the board.

(b) Each provisional license shall include the name and title of the licensed speech pathologist described in subsection (a)(2). A provisional licensee may only practice speech pathology under the supervision of the licensed speech pathologist named on the provisional license.

(c) A provisional license issued pursuant to this section shall be valid for one year from the date of issuance and may be renewed for an additional one-year period if needed to fulfill the requirements for licensure as a speech pathologist pursuant to section 468E-5. [L 2019, c 235, §1]
Haw. Rev. Stat. § 457G-7 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-7
License revocation or suspension; reinstatement; probation.
Status: in_force

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

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

(2) Wilfully betraying patient confidentiality;

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

(4) False, fraudulent, or deceptive advertising;

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

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

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

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

(9) Conduct or practice contrary to recognized standards of ethics for the practice of occupational therapy in the United States; or

(10) Violation of this chapter, chapter 436B, or any rule or order of the director.

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

(c) In lieu of revoking or suspending a license, the director may place the licensee on probation, the terms of which may require observation of the licensee by a licensed occupational therapist.

(d) Any licensee or applicant who violates this section may be fined not more than $1,000 per violation in addition to any other fine or fee imposed. [L 2014, c 209, pt of §2]
Haw. Rev. Stat. § 437-55 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-55
Establishment or relocation of franchise within relevant market area.
Status: in_force

(a) When a manufacturer or distributor establishes or relocates a franchise within the relevant market area of an existing dealer with a franchise for the same line make, the manufacturer or distributor shall provide a notice to such existing dealers, hereinafter "affected dealers". For the purposes of this section, "affected dealer" means a dealer that operates a same line make franchise in a relevant market area wherein the manufacturer or distributor is proposing to add or relocate a franchise. The manufacturer's or distributor's notice shall state the location of the proposed dealership and the date on or after which the franchise intends to be engaged in business.

(b) An affected dealer may file a petition in the manner prescribed in section 437-51 within thirty days of receipt of the manufacturer's or distributor's notice for determination of whether the manufacturer or distributor has good cause to establish or relocate an additional franchise within the dealer's relevant market area. When such a petition is filed, the manufacturer or distributor shall not establish or relocate the proposed franchise until a hearing has been held and a determination made whether good cause exists for the proposed addition or relocation. The determination of a petition filed under this subsection shall be made no later than one hundred eighty days from receipt of notice of the petition except for good cause. The manufacturer or distributor shall have the burden of proof to demonstrate good cause exists for the addition or relocation of an additional franchise within the affected dealer's relevant market area.

(c) In determining whether the manufacturer or distributor has good cause to add or relocate the franchise into an affected dealer's relevant market area the hearings officer under section 437-51 shall consider and make findings upon evidence including the permanency and size of investment made and the reasonable obligations incurred by the existing new motor vehicle dealers in the relevant market area; the growth or decline in population and new car registrations in the relevant market area; the effect on the consuming public in the relevant market area; whether it is injurious or beneficial to the public welfare for a new dealer to be established; whether the new motor vehicle dealers of the same line make in that area are providing adequate competition and convenient customer care for the motor vehicles of the same line make including the adequacy of motor vehicle sales and service facilities, equipment, supply of motor vehicle parts, and qualified service personnel; whether the establishment or relocation of the proposed dealership appears to be warranted and justified based on economic and marketing conditions pertinent to dealers competing in the community or territory, including anticipating future changes; the effect on the relocating dealer of a denial of its relocation into the relevant market area; and the reasonably expected market penetration of the line make motor vehicle for the community or territory involved, after consideration of all factors which may affect such penetration, including demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers of the community or territory.

(d) This section shall not apply to the relocation of an existing dealer within two miles of the dealer's existing dealership location; the appointment of a successor dealer at the same location as its predecessor or within a two-mile radius from any boundary of the predecessor's former location within one year from the date on which the predecessor ceased operations or was terminated, whichever occurred later; or the relocation of a dealer to a site that is farther away from the protesting affected dealer than the existing location. [L 2010, c 164, pt of §2]
Haw. Rev. Stat. § 457G-1.4 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-1.4
License required.
Status: in_force

(a) Except as specifically provided in this chapter, no person shall engage in the practice of occupational therapy or use the title "licensed occupational therapist" or "occupational therapist" without a valid license to practice occupational therapy issued pursuant to this chapter.

(b) Except as specifically provided in this chapter, no person shall engage in the practice of occupational therapy as an occupational therapy assistant or use the title "licensed occupational therapy assistant" or "occupational therapy assistant" unless:

(1) The practice is performed under the supervision of and in partnership with a person who is an occupational therapist licensed to practice occupational therapy in the State; and

(2) The person possesses a valid license issued pursuant to this chapter to practice occupational therapy as an occupational therapy assistant.

(c) Any person who violates this section shall be subject to a fine of not more than $1,000 per violation. [L 2014, c 209, pt of §2; am L 2015, c 35, §17]
Haw. Rev. Stat. § 461J-10.11 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10.11
Content standards of continuing competence.
Status: in_force

(a) Continuing competence units shall be obtained in subjects related to either the professional practice of physical therapy or patient/client management.

(b) The "professional practice of physical therapy" includes but is not limited to professional accountability, professional behavior, and professional development.

(c) "Patient/client management" includes but is not limited to examination, evaluation, diagnosis, and prognosis; plan of care; implementation; education; and discharge. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 436B-27 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-27
Civil and criminal sanctions for unlicensed activity; fines; injunctive relief; damages; forfeiture.
Status: in_force

(a) Any licensee aiding or abetting an unlicensed person to directly or indirectly evade this chapter or the applicable licensing laws, or combining or conspiring with an unlicensed person, or permitting one's license to be used by an unlicensed person, or acting as agent, partner, associate, or otherwise, of an unlicensed person with the intent to evade this chapter or the applicable licensing laws may be fined up to $1,000 for the first offense; up to $2,000 or, if applicable, forty per cent of the total contract price, whichever is greater, for the second offense; and up to $5,000 or, if applicable, forty per cent of the total contract price, whichever is greater, for any subsequent offense. For purposes of this section, "contract price" means the total monetary consideration offered by the consumer for the provision of goods and services.

(b) Any person, who engages in an activity requiring a license issued by the licensing authority and who fails to obtain the required license, or who uses any word, title, or representation to induce the false belief that the person is licensed to engage in the activity, other than a licensee who inadvertently fails to maintain licensing requirements under the appropriate licensing statute and who subsequently corrects the failure so that there was no lapse in licensure, shall be guilty of a misdemeanor and each day of unlicensed activity shall be deemed a separate offense.

(c) The department, licensing authority, or any person may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license where a license is required by law, and if injured thereby, for the recovery of damages. The department may also seek the imposition of fines provided by subsection (a). The plaintiff or petitioner in a suit for an injunction need not allege or prove actual damages to prevail. Reasonable attorney fees and costs shall be allowed by the court to the plaintiff or petitioner as the prevailing party.

(d) All tools, implements, armamentariums, documents, materials, or any other property used by any person to provide professional or vocational services without a license required by law shall be declared forfeited to the State by the court and turned over to the department for disposition as it deems appropriate. [L 1991, c 111, pt of §2; am L 1992, c 202, §21; am L 2012, c 244, §2; am L 2013, c 182, §1]
Haw. Rev. Stat. § 453-1.5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-1.5
Pain management guidelines.
Status: in_force

The Hawaii medical board may establish guidelines for physicians or osteopathic physicians with respect to patients' pain management. The guidelines shall apply to all patients with severe acute pain or severe chronic pain, regardless of the patient's prior or current chemical dependency or addiction, and may include standards and procedures for chemically dependent individuals.
Haw. Rev. Stat. § 444-10.7 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-10.7
Enhanced penalties when elderly persons are targeted.
Status: in_force

If any person is found to have violated section 444-9 and the violation is committed against elderly persons, in addition to any other penalty set forth or imposed, the court may impose a fine of up to $20,000, or imprisonment up to one year, or both. As used in this section, "elderly person" means a person who is sixty-five years of age or older.
Haw. Rev. Stat. § 467E-9 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-9
Examination for license.
Status: in_force

(a) Each applicant for licensure shall take and pass a national examination administered by the Association of Social Work Boards in accordance with procedures and standards prescribed by the director.

(b) Applicants for the "licensed clinical social worker" or "L.C.S.W." license who have passed the diplomate clinical assessment examination administered by the National Association of Social Workers before July 1, 2004 shall be deemed to have satisfied the requirement of this section only if the application for licensure is filed with the department by June 30, 2005.

(c) The examination fee shall be paid by the applicant directly to the Association of Social Work Boards. [L 1994, c 251, pt of §2; am L 2000, c 225, §3; am L 2002, c 167, §13]

Revision Note

"July 1, 2004" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 462A-14 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-14
Lien for pilotage fees.
Status: in_force

Every licensed pilot shall have a lien for the pilot's pilotage fees upon the whole of any vessel liable to the pilot therefor.
Haw. Rev. Stat. § 461-9 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-9
Pharmacist in charge; pharmacy personnel.
Status: in_force

(a) A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy. Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under circumstances as authorized under the rules of the board. During any absence of the registered pharmacist, prescriptions may not be filled, compounded, or received by telephone and no drugs shall be sold; provided that this shall not preclude the sale at those times of things that might be sold were the pharmacy a store not subject to this chapter. No person other than a registered pharmacist or a pharmacy intern under the registered pharmacist's immediate supervision shall fill or compound prescriptions except as provided by subsection (c).

(b) No person shall practice as a pharmacy intern without having first obtained a permit from the board. The board shall adopt rules pursuant to chapter 91 defining the functions of a pharmacy intern, establishing the requirements to be met by an applicant for a pharmacy intern permit, and specifying the duration of the permit and the procedures for the immediate supervision of the pharmacy intern by a registered pharmacist; provided that the supervising registered pharmacist shall supervise the actions of the pharmacy intern.

(c) A registered pharmacy technician may be employed to perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the supervision and control of a registered pharmacist and under rules adopted by the board pursuant to chapter 91. [L 1949, c 175, pt of §1; RL 1955, §71-9; HRS §461-9; am L 1983, c 23, §3; am L 1985, c 223, §3; gen ch 1985; am L 1986, c 143, §10; am L 1993, c 112, §1; am L 2025, c 93, §6]
Haw. Rev. Stat. § 453D-12.5 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-12.5
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, §13]
Haw. Rev. Stat. § 467B-6 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-6
REPEALED.
Status: in_force

L 2004, c 93, §§14, 19.
Haw. Rev. Stat. § 445-33 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-33
Suit on bond.
Status: in_force

The treasurer or, by the treasurer's written consent, any person whose property is sold by any auctioneer, concerning which property a record has not been kept as required by section 445-30, or concerning which the auctioneer has otherwise failed to fulfill the terms of the auctioneer's bond, may prosecute the auctioneer under the auctioneer's bond, and recover thereon any actual loss caused to the treasurer or person or sum due to the treasurer or person by the auctioneer, and also the sum of $5 to the use of the treasury for each item by section 445-30 required to be entered in the record which is omitted therefrom, or which is entered therein incorrectly; and the license of the auctioneer may, in the discretion of any judge or court, be canceled.
Haw. Rev. Stat. § 471-2 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-2
License required.
Status: in_force

(a) No person shall engage in the practice of veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "Dr." or affix any other letters to the person's name with the intent thereby to imply that the person is a practitioner of veterinary medicine, without having a valid unrevoked license obtained from the Hawaii board of veterinary medicine; provided that nothing in this chapter prevents or prohibits the following:

(1) Any person from gratuitously treating animals in case of emergency;

(2) The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner; provided that a person who is not licensed under this chapter shall not perform any surgical procedure on a pet animal, including but not limited to:

(A) A cesarean section;

(B) Ear cropping;

(C) Tail docking;

(D) Ventriculocordectomy, also known as devocalization or debarking;

(E) Onychectomy, also known as declawing, or dewclaw removal; or

(F) Elastration or castration via banding ;

(3) Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;

(4) Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;

(5) Any person licensed to engage in the practice of veterinary medicine in any jurisdiction, from practicing in the State when in consultation with veterinarians of this State; provided that the veterinarian receiving consultation shall maintain the veterinarian-client-patient relationship;

(6) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry;

(7) Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by temporary permit; provided that the applicant applies for and takes the examination scheduled by the board. The temporary permit shall not be renewed;

(8) An individual licensed to engage in the practice of veterinary medicine in another jurisdiction from practicing in the State under a sponsor and indirect supervision of a veterinarian as part of an emergency response or enforcement action pursuant to chapter 711; provided that the sponsor shall file notification with the board regarding the arrival of the sponsored individual; provided further that the sponsored individual shall serve in an emergency capacity for no longer than twenty-one consecutive days; or

(9) Any person who has obtained a courtesy permit or relief permit pursuant to sections 471-9.5 and 471-9.6 from practicing in the State.

(b) For the purposes of this section, "pet animal" has the same meaning as defined in section 711-1100. [L 1949, c 280, pt of §1; RL 1955, §73-2; HRS §471-2; am L 1984, c 44, §1; am L 1987, c 63, §2; am L 2018, c 203, §8; am L 2022, c 71, §3; am L 2024, c 221, §1]
Haw. Rev. Stat. § 456-15 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-15
Journal; copies as evidence.
Status: in_force

(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.

(b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one tangible journal at a time to chronicle all notarial acts performed regarding tangible documents and one electronic journal at a time to chronicle all notarial acts performed regarding electronic documents. If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with all rules adopted by the attorney general pursuant to this chapter.

(c) A notary public having the care and custody of the journal may cause the same to be photographed, microphotographed, reproduced on film, or copied to an electronic format. Any device or electronic storage system used to copy or reproduce the journal shall accurately reflect all details of the information in the original thereof.

(d) A photograph, microphotograph, reproduction on film, or electronic copy of a journal shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, facsimile, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, facsimile, or certified copy of the original record.

(e) An entry in a journal shall be made contemporaneously with performance of the notarial act and contain the following information:

(1) The type, date, and time of day of the notarial act;

(2) The title or type and date of the document or proceeding and the nature of the act, transaction, or thing to which the document relates;

(3) The full printed name and address of each person whose signature is notarized and of each witness and, if the journal is maintained in a tangible medium, the signature of that person;

(4) If the identity of the person is based on personal knowledge, a statement to that effect;

(5) If the identity of the person is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the identification number and date of expiration of any identification credentials; and

(6) The fee, if any, charged by the notary public.

(f) If a notary public's journal is lost or stolen, the notary public shall promptly notify the attorney general upon discovering that the journal is lost or stolen.

(g) On resignation from, or the expiration, revocation, or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with this section and provide to the attorney general the location of the journal.

(h) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the attorney general or a repository approved by the attorney general.

(i) All copies or certificates granted by the notary public shall be under the notary public's hand and notary seal and shall be received as evidence of such transactions.

(j) The journals are subject to any reasonable periodic, special, or other audits or inspections by the department of the attorney general, within or without the State, as the attorney general considers necessary or appropriate. An audit or inspection may be made at any time and without prior notice. The department of the attorney general may copy, and remove for audit or inspection copies of, all records that the department of the attorney general reasonably considers necessary or appropriate to conduct the audit or inspection. If any notary public fails to comply with this section, the notary public shall be subject to an administrative fine of no less than $50 nor more than $500. All unpaid fees, fines, and forfeitures shall constitute a debt due and owing to the State. [CC 1859, §1273; RL 1925, §3181; RL 1935, §5207; RL 1945, §7674; RL 1955, §168-14; HRS §456-15; gen ch 1985; am L 1995, c 141, §2; am L 2008, c 175, §8; am L 2020, c 54, §15]
Haw. Rev. Stat. § 461J-8 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-8
License without necessity of examination or meeting the education requirement.
Status: in_force

All persons holding licenses as physical therapists from the department of health and in practice on the day prior to January 1, 1986, shall be licensed under this chapter on January 1, 1986, without necessity of examination or meeting the education requirement.

Revision Note

"January 1, 1986," substituted for "the effective date of this Act".
Haw. Rev. Stat. § 460J-3 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-3
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 to operators pursuant to this chapter;

(2) Adopt, amend, or repeal rules as it may deem necessary to effectuate this chapter and carry out the purpose thereof which purpose is the protection of the general public. All rules shall be adopted pursuant to chapter 91. The rules shall:

(A) Forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(B) Require operators to make reports to the board containing items of information that will enable the board to improve the enforcement of this chapter and its rules to fully effectuate the purposes of this chapter;

(C) Require operators to furnish reports to owners containing matters of information as the board deems necessary to promote the purpose of this chapter;

(D) Require liability and workers' compensation insurance verification for license renewals; and

(E) Provide for the development of an enforcement information reporting system;

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

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

(5) Direct the executive secretary to publish and distribute pamphlets and circulars containing information as it deems proper to further the accomplishment of the purpose of this chapter. [L 1972, c 134, pt of §1; am L 1986, c 126, §2; am L 1992, c 202, §130; am L 2004, c 175, §2]
Haw. Rev. Stat. § 465D-10 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-10
Renewal of license.
Status: in_force

Licenses issued pursuant to this chapter shall be valid for two years and shall be renewed upon the payment of a renewal fee within sixty days before the expiration of the license. Failure to renew a license shall result in forfeiture of that license. Licenses that have been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year shall result in the automatic termination of the license. A person whose license has been terminated pursuant to this section shall be required to reapply for a new license as a new applicant.
Haw. Rev. Stat. § 451J-6 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-6
Exemptions.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) Licensure shall not be required of:

(1) A person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of marriage and family therapy; provided the person does not purport to be a marriage and family therapist or licensed marriage and family therapist;

(2) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a graduate degree in marriage and family therapy or other professional field; 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 including but not limited to "marriage and family therapy student or trainee", "clinical psychology student or trainee", "clinical social work student or trainee", or any title which clearly indicates training status; or

(3) Any individual who uses the title marriage and family therapy intern for the purpose of obtaining clinical experience in accordance with section 451J-7(3).

(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law, rule, or the department, including but not limited to social workers, psychologists, registered nurses, or physicians, from doing or advertising that they assist or treat individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no person, unless the person is licensed as a marriage and family therapist, shall use the title of marriage and family therapist or licensed marriage and family therapist. [L 1998, c 159, pt of §2; am L 2016, c 29, §8]

§451J-6 Exemptions. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] (a) Licensure shall not be required of:

(1) A person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of marriage and family therapy; provided that the person does not purport to be a marriage and family therapist, a licensed marriage and family therapist, an associate marriage and family therapist, or a licensed associate marriage and family therapist; or

(2) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a graduate degree in marriage and family therapy or other professional field; 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, including but not limited to "marriage and family therapy student or trainee", "clinical psychology student or trainee", "clinical social work student or trainee", or any title that clearly indicates training status.

(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law, rule, or the department, including but not limited to social workers, psychologists, registered nurses, or physicians, from doing or advertising that they assist or treat individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no person, unless the person is licensed as a marriage and family therapist or an associate marriage and family therapist, shall use the title of marriage and family therapist, licensed marriage and family therapist, associate marriage and family therapist, or licensed associate marriage and family therapist. [L 1998, c 159, pt of §2; am L 2016, c 29, §8; am L 2024, c 93, §6]
Haw. Rev. Stat. § 437-23 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-23
Term of license.
Status: in_force

(a) Expiration. All licenses issued pursuant to this chapter shall expire on June 30 of each even-numbered year unless sooner terminated, suspended, or revoked. All applications for renewal of license shall be filed on or before June 30 of each even-numbered year together with the applicable fees.

(b) Reapplication. If a licensee fails to renew the licensee's license on or before June 30 of each even-numbered year and desires to continue in the business or activity for which the license was issued, the licensee shall file a new application for a license and shall pay in addition to the license and filing fee a penalty of twenty-five per cent of the original license fee; provided that the board may for good cause waive the collection of all or a part of the penalty; and provided that nothing contained in this section shall limit the power of the board to deny any application on the grounds provided in this chapter.

(c) Renewal fees for manufacturers and distributors shall be as follows until renewal fees are adopted by the director under this subsection in accordance with chapter 91:

(1) Biennial renewal fee: $1,000; and

(2) Biennial compliance resolution fund fee: $500 for each dealer franchised by the manufacturer or distributor. [L 1963, c 199, §1j; Supp, §160-171.1; HRS §437-23; am L 1969, c 263, §1(12); am L 1975, c 118, §3(2); gen ch 1985; am L 2003, c 126, §7]
Haw. Rev. Stat. § 466K-1 — HI Code / Division 2 / Title 25 / Chapter 466K / Section 466K-1
Findings and purpose.
Status: in_force

The legislature finds that the regulation of real estate appraisers is reasonably necessary to protect consumers. The legislature further finds that 12 United States Code §3301 et seq. requires that real estate appraisals utilized in connection with federally related transactions be performed by individuals who are certified appraisers. The purposes of this chapter are to implement the requirements of 12 United States Code §3301 et seq. and to require that all real estate appraisals be performed by licensed or certified appraisers. The requirements of this chapter do not apply to any real estate appraiser employed by any county for purposes of valuing real property for ad valorem taxation.
Haw. Rev. Stat. § 440E-17 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-17
Referees; duties.
Status: in_force

(a) At each mixed martial arts contest there shall be in attendance a duly licensed referee designated by the director, who shall direct and control the contest. The referee shall render a decision for each contest, except as otherwise provided under this section.

(b) The referee may recommend and the director, in the director's discretion, may terminate the mixed martial arts contest or order the forfeiture of any prize, purse, or remuneration, or any part thereof, to which one or both of the mixed martial arts contestants may be entitled, or any part of the gate receipts for which the contestants are competing, if in the director's judgment one or both of the contestants are not honestly competing.

(c) Each referee shall warn contestants of the referee's power to terminate the contest or to recommend the forfeiture of any purse or purses, should there be any violation of contest rules.

(d) In any case where the referee decides that the contestants are not honestly competing and that under the law the contest should be terminated or that the prize, purse, or remuneration of one or both of the contestants should be forfeited, the contest shall be stopped before the end of the last round, and no decision shall be given. A contestant earns nothing and shall not be paid for a contest in which there is stalling, faking, dishonesty, or collusion. The director, independently of the referee or the referee's decision, may determine the merits of any contest and take whatever action the director considers proper. In any case, the director may order the purse of the contestant violating any rules or statutes held up for investigation and action.

(e) The referee shall stop the contest when, in the referee's judgment, either of the contestants shows a marked superiority or is apparently outclassed. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 468E-13 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-13
Disciplinary action.
Status: in_force

(a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including but not limited to revocation, suspension, fine, or a combination thereof, or refuse to issue or renew a license for any cause authorized by law, including but not limited to the following:

(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;

(2) Professional misconduct or unethical conduct;

(3) Conduct constituting fraudulent or dishonest dealings;

(4) Violating any provision of this chapter or rules adopted thereunder;

(5) Failure to comply with a board order; or

(6) Making a false statement on any document submitted or required to be filed by this chapter.

(b) Any person who violates this chapter or the rules adopted thereunder shall be fined not more than $1,000 and each day a violation exists, failure to comply with this chapter shall constitute a separate violation. [L 1974, c 48, pt of §1 and c 205, §§2, 5; am L 1986, c 211, §12; am L 1988, c 320, §10; am L 1992, c 202, §172]
Haw. Rev. Stat. § 436B-28 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-28
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 437-35 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-35
Penalty.
Status: in_force

Any person who violates any provision of this chapter or rules of the board, or who engages in the business as, or serves in the capacity of, or acts as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in the State or otherwise engages in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter, shall be fined not more than $1,000, and each day's violation or failure to comply shall be deemed a separate offense.
Haw. Rev. Stat. § 445-15 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-15
Control by ordinance.
Status: in_force

Each council has the power by ordinance:

(1) To require, or eliminate the requirement for, the licensing of auctions under part II of this chapter, secondhand dealers under part VII of this chapter, and scrap dealers under part X of this chapter;

(2) To impose annual license fees;

(3) To increase, decrease, or waive effective upon the expiration of any existing license, the annual fee for a license issued under this chapter, or to exempt wholly or partially, the payment by any religious, charitable, or educational organization or institution of any license fee imposed in this chapter or any ordinance enacted hereunder with respect to any business which is not regularly engaged in or carried on by such organization or institution; and

(4) To adopt rules not inconsistent with law concerning the conduct of the business of all persons licensed under this chapter, as deemed necessary for the public health, safety, or welfare. [L 1913, c 114, §1; RL 1925, §2116; RL 1935, §2416; RL 1945, §7017; am L 1955, c 235, §1; RL 1955, §155-16; am L 1957, c 128, §1; HRS §445-15; am L 1986, c 59, §1; am L 1990, c 164, §10; am L 1992, c 232, §5]

Revision Note

"Council" substituted for "board of supervisors or city council" to conform to terminology of county charters.
Haw. Rev. Stat. § 441-35 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-35
Perpetual care fund expressly permitted.
Status: in_force

A perpetual care fund and all payments or contributions to it are expressly permitted as and for charitable and eleemosynary purposes. No payment, gift, grant, bequest, or other contribution for perpetual care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities, or the suspension of the power of alienation of title to property.
Haw. Rev. Stat. § 454F-10.7 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-10.7
Change in control of a licensee; fees.
Status: in_force

(a) A licensee shall submit to the commissioner an application requesting approval of a proposed change of control of the licensee, accompanied by a nonrefundable application fee of $500, payable to the division.

(b) The commissioner shall approve a request for change of control under subsection (a) if, after investigation, the commissioner determines that the person or group of persons who will obtain control will be in compliance with this chapter upon approval of the application for a proposed change of control of the licensee and will have the competence, experience, character, and general fitness to control the licensee or person in control of the licensee in a lawful and proper manner, and that the interests of the public will not be jeopardized by the change of control. [L 2010, c 84, pt of §3; am L 2011, c 194, §11; am L 2017, c 150, §7]
Haw. Rev. Stat. § 454F-47 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-47
Disciplinary action against licensee.
Status: in_force

No provision of this chapter relating to the mortgage loan recovery fund shall limit the authority of the commissioner to take disciplinary action against any licensee for a violation of this chapter or of the rules and orders of the commissioner adopted pursuant to this chapter. Repayment of obligations to the mortgage loan recovery fund by a licensee shall not nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter.
Haw. Rev. Stat. § 456-13 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-13
May administer oath.
Status: in_force

Every notary public may administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper. All oaths administered before June 23, 1888, by notaries public are declared valid and binding.
Haw. Rev. Stat. § 440E-1.5 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-1.5
Amateur mixed martial arts.
Status: in_force

[§440E-1.5]Amateur mixed martial arts. This chapter, with the exception of sections 440E-5(b)(5) and 440E-7(a)(2) and (4), shall apply to amateur mixed martial arts contests.
Haw. Rev. Stat. § 448H-1 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-1
Definitions.
Status: in_force

As used in this chapter:

"Apprentice elevator mechanic" means any person who is in training to acquire the skill to become an elevator mechanic and who is required to work for at least four years under the supervision of an elevator mechanic duly licensed under section 448H-6.

"Board" means the elevator mechanics licensing board created by this chapter.

"Elevator mechanic" means any person who engages in the construction, reconstruction, alteration, maintenance, mechanical, or electrical work or adjustments of any elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, lift including any construction, reconstruction, alteration, or adjustment of the structure or facility of which the same may be a part or to which the same may be attached, necessary for proper completion of the work on the elevator, dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving walk or ramp, or lift. [L 1971, c 190, pt of §1; am L 1972, c 124, §1; am L 1974, c 23, §1; gen ch 1993; am L 2004, c 31, §1]
Haw. Rev. Stat. § 436B-7 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-7
Powers and duties of licensing authority.
Status: in_force

In addition to any other powers and duties authorized by law, each licensing authority may:

(1) Adopt, amend, or repeal rules, issue declaratory rulings or informal nonbinding interpretations, and conduct contested case proceedings pursuant to chapter 91;

(2) Grant, deny, convert, forfeit, renew, reinstate, or restore licenses, including the issuance of conditional licenses;

(3) Revoke, suspend, or otherwise limit the license of any licensee for any violation of the provisions in this chapter, the licensing laws, or any rule or order of the licensing authority;

(4) Develop requirements for licensure through the applicable licensing law or rules;

(5) Investigate and conduct hearings regarding any violation of this chapter, the licensing laws, and any rule or order of the licensing authority;

(6) Monitor the scope of practice of the profession or vocation regulated by the licensing authority;

(7) Prepare, administer, and grade examinations; provided that the licensing authority may contract with a testing agency to provide those services, and the licensing authority may also reserve the right to modify, amend, change, or regrade the examination;

(8) Create fact-finding committees which may make recommendations to the licensing authority for its deliberations;

(9) Contract with qualified persons including investigators who may be exempt from chapter 76 and who shall assist the licensing authority in exercising its powers and duties; and

(10) Subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications, and do any and all things necessary or incidental to the exercise of the licensing authority's power and duties, including the authority to conduct contested case proceedings under chapter 91. [L 1991, c 111, pt of §2; am L 1992, c 202, §9; am L 2000, c 253, §150; am L 2001, c 149, §2]
Haw. Rev. Stat. § 436M-9 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-9
Restitution.
Status: in_force

Any person who engages in an unlawful act or practice that violates any provision of this chapter may be ordered by a court of proper jurisdiction to make restitution to all individual consumers injured by the act or practice.
Haw. Rev. Stat. § 464-4 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-4
Public works.
Status: in_force

(a) Notwithstanding any other provision to the contrary, public works projects involving:

(1) Alteration or new construction shall be required to have:

(A) Plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect. The licensed professional engineer, architect, or landscape architect, as the case may be, shall stamp the plans or specifications, and indicate that the licensee has prepared or supervised the preparation of the plans or specifications; and

(B) A licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the alteration or new construction. For the observation of construction of these types of public works projects, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.

(2) Maintenance work shall:

(A) Not be required to have plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect; and

(B) Be required to have a licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the maintenance work. For the observation of construction of this type of public works project, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.

(b) All land surveys involving property boundaries for public purposes or plans thereof shall be made or supervised by a licensed surveyor. The licensed land surveyor shall stamp the land surveys or plans, and indicate that the licensee has prepared or supervised the preparation of the land surveys or plans.

(c) For purposes of this section:

"Maintenance" means minor repairs or replacement work which do not affect or involve the structural integrity of the public works project.

"Public works projects" means projects undertaken by the State, counties, or any political subdivisions thereof. [L 1923, c 227, §9; RL 1925, §3691; am L 1931, c 165, §6; RL 1935, §7032; RL 1945, §7604; RL 1955, §166-4; HRS §464-4; am L 1970, c 85, §1; am L 1988, c 226, §2; am L 1989, c 210, §6; am L 2002, c 53, §1]
Haw. Rev. Stat. § 448E-12 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-12
Inspections.
Status: in_force

Nothing in this chapter should deprive the several counties of the right to perform electrical or plumbing inspections, as regulated by their respective ordinances.
Haw. Rev. Stat. § 448-12 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-12
Temporary license.
Status: in_force

[(a)] The board of dentistry may issue without examination to any resident or nonresident otherwise qualified to be examined a temporary license to practice dentistry in the employment of or while under contract with the State or any county, or any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center. The temporary license shall authorize the person to whom the license is issued to practice dentistry exclusively while engaged in that employment or contracted by the department of health to conduct dental education and training, and shall be in force until the earliest of the following occurs:

(1) The date the person leaves the employment authorized under the temporary license;

(2) The three hundred ninety-sixth calendar day following the date of issuance of the temporary license;

(3) The date on which the results of the licensure examination taken by the person under this chapter are posted by the board; or

(4) The date on which the board revokes the temporary license;

provided that the board may revoke the temporary license at any time for cause.

No person who has failed an examination shall have the benefit of any temporary license.

(b) The board may issue a temporary license without examination to any person who is:

(1) Otherwise qualified to be examined, except as allowed under paragraph (3);

(2) Enrolled in a post-doctoral residency program that is accredited and recognized by the American Dental Association Commission on Dental Accreditation; and

(3) A graduate from a dental college accredited by, or that has a reciprocal agreement with, the American Dental Association Commission on Dental Accreditation that is recognized and approved by the board.

The temporary license shall authorize the person to whom the license is issued to practice dentistry exclusively under the auspices of the dental residency program and shall be in force until the earliest of the following occurs: the date the person completes or leaves the residency program or the date on which the board revokes the temporary license; provided that the board may revoke the temporary license at any time for cause.

[(c)] Post-doctoral dental residents who are granted temporary licenses under this section shall:

(1) Be assigned to affiliated training sites that are restricted to eleemosynary health care organizations, training site hospitals, or university-affiliated training programs, and that shall be visited and accredited by the Commission on Dental Accreditation of the American Dental Association, consistent with the policies of the Commission on Dental Accreditation of the American Dental Association; and

(2) Act under the direct supervision of the dental residency faculty licensed in Hawaii. [L 1949, c 177, pt of §3; RL 1955, §61-12; HRS §448-12; am L 1969, c 245, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; am L 1985, c 13, §1; am L 1986, c 339, §75; am L 1989, c 231, §1; am L 2009, c 36, §2 and c 37, §2; am L 2018, c 203, §4; am L 2023, c 100, §4]
Haw. Rev. Stat. § 436B-6 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-6
Organization of boards.
Status: in_force

(a) Immediately upon the qualification and appointment of the original members, and annually thereafter, the board shall elect one member as chair and one member as vice-chair. In the absence of both the chair and the vice-chair to preside at a meeting, the members present shall select a chair pro tem.

(b) Each board shall meet not less than twice a year at a time and place determined by the board.

(c) The majority of the members to which the board is entitled shall constitute a quorum. The concurrence of a majority of the members to which the board is entitled shall be necessary to make any action taken by the board valid. Each board shall conduct its meetings in accordance with chapters 91 and 92. [L 1991, c 111, pt of §2; am L 1992, c 202, §8]
Haw. Rev. Stat. § 460J-14 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-14
Fees; biennial renewal; inactive license.
Status: in_force

(a) The biennial renewal fee shall be paid to the board on or before June 30 of each even-numbered year. Failure, neglect, or refusal of any duly licensed operator to pay the biennial renewal fee shall constitute a forfeiture of the person's license. Any license may be restored upon written application therefor within one year from the due date of the renewal fee and the payment of the delinquent fee plus an amount equal to ten per cent thereof.

(b) Upon written request of a licensee, the board may place the licensee's active license on an inactive status. The licensee, upon request and payment of the inactive license fee may continue on inactive status. The license may be reactivated at any time by making a written request to the board and by fulfilling the requirements established by the board, including the payment of the appropriate fees. During the inactive period, a licensee on inactive status shall not engage in the practice of pest control that would require a license. Any person who violates this prohibition shall be subject to discipline under this chapter and the board's rules.

(c) For purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. Failure, neglect, or refusal of any licensee on inactive status to pay the inactive license fee shall constitute a forfeiture of the license. [L 1972, c 134, pt of §1; am L 1975, c 118, §24; am L 1976, c 98, §2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §61; am L 1992, c 202, §132; am L 1997, c 84, §4]
Haw. Rev. Stat. § 445-134.19 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.19
Conformity with federal law.
Status: in_force

Every pawn transaction agreement that complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the pawn transaction agreement is signed shall be deemed to comply with the disclosure provisions of this part.
Haw. Rev. Stat. § 467-6 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-6
Place of meeting.
Status: in_force

The director of commerce and consumer affairs shall provide suitable quarters for meetings of the real estate commission and for the transaction of its other business.
Haw. Rev. Stat. § 440-30 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-30
Control and supervision of amateur boxing contest.
Status: in_force

Amateur boxing contests may be placed by the boxing commissioner under the control and supervision of any recognized national amateur athletic association whose standing has first been approved by the commission, subject, however, to the rules as may be prescribed by the commission.
Haw. Rev. Stat. § 466J-7 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-7
Radiologic technology education programs.
Status: in_force

(a) An institution desiring to conduct an education program to prepare certified radiographers, certified radiation therapists, or certified nuclear medicine technologists shall apply to the board and submit evidence that it is prepared to meet such standards as shall be established by law and by the board.

(b) From time to time as deemed necessary by the board, it shall be the duty of the board, through the board's authorized representative, to survey radiologic technology education programs in the State. Written reports of the surveys shall be submitted to the board. If the board determines that any accredited radiologic technology education program is not maintaining the standards required by law and by the board, notice thereof in writing specifying the discrepancies shall be immediately given to the institution conducting the program. A program that fails to correct these conditions to the satisfaction of the board within a reasonable time shall be discontinued after a hearing held in conformance with chapter 91. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §9; am L 1995, c 143, §7]
Haw. Rev. Stat. § 454F-11 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-11
NMLS registry information; challenge process.
Status: in_force

The commissioner shall establish a process by rule pursuant to chapter 91 whereby a licensee may challenge information entered into NMLS by the commissioner. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §18; am L 2013, c 168, §14]
Haw. Rev. Stat. § 437B-26 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-26
Bond required to work on salvaged, wrecked, or dismantled motor vehicles; forfeiture.
Status: in_force

(a) Any motor vehicle repair dealer desiring to engage in the business of restoring or rebuilding salvaged, wrecked, or dismantled vehicles shall submit to the board a performance bond, with corporate surety satisfactory to the board. The amount of the bond shall be not less than $25,000 and the condition of the bond shall be the satisfactory rebuilding or restoration of salvaged, wrecked, or dismantled vehicles.

(b) When the board finds that a licensee has wilfully departed from or disregarded accepted practices of workmanship with respect to work performed under section 437B-11(11), the board may, in accordance with chapter 91, order the forfeiture to the State of the performance bond submitted under subsection (a).

(c) Failure, refusal, or neglect to maintain in full force and effect a bond shall cause the automatic suspension of the license effective as of the date of expiration or cancellation of the bond. The license shall not be reinstated until a bond as required under this section is received by the board.

Failure to effect a reinstatement of a suspended license within sixty days of the suspension shall cause the license to be terminated, thereby forfeiting all license and biennial renewal fees.

A licensee may, within fifteen calendar days after receipt of notification of the license termination, request an administrative hearing pursuant to chapter 91 to review the termination. [L 1984, c 276, §2; am L 1986, c 150, §4; am L 1998, c 199, §§8, 11]
Haw. Rev. Stat. § 440G-8.3Designation — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-8.3Designation
of access organizations for public, educational, or governmental access channels.
Status: in_force

[Repeal of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.] (a) The director may designate access organizations in each franchise area to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facilities obtained under section 440G-8; provided that the designation shall be exempt from chapter 103D.

(b) No access organization shall be designated except upon written application or proposal to the director, and following a public hearing on each island within the local franchise area that provides opportunity for public input and allows interested parties to intervene.

(c) In determining whether to make a designation, the director shall consider:

(1) The content of the application or proposal;

(2) The public need for the proposed service;

(3) The ability and experience of the applicant to offer public, educational, or government programming broadcast services;

(4) The suitability of the applicant;

(5) The financial responsibility of the applicant;

(6) The technical and operational ability of the applicant to perform efficiently the services for which the designation is requested;

(7) Any objections arising from the public hearing, the cable advisory committee, or elsewhere; and

(8) Any other matters that the director deems appropriate under the circumstances.

(d) The director may require an applicant to provide information on its process for selecting members of its board of directors; provided that the director shall have no authority to require that an applicant amend its selection process as a condition of designation.

(e) An applicant shall provide information regarding its past performance and any proposed practices for ensuring that the public, educational, or governmental access facilities support the diversity of viewpoints and uphold the public's right of free speech.

(f) The director shall ensure that the terms and conditions required of the operation of an access organization designated under subsection (a) are fair to the public, taking into account the geographic, topographic, and economic characteristics of the service area and the economics of providing cable access in the service area.

(g) Any decision designating, modifying, or rescinding a designation of an access organization or the requirements therefor shall first be submitted to the cable advisory committee for advice under section 440G-13. [L 2011, c 19, §1; am L 2014, c 93, §3]
Haw. Rev. Stat. § 440-7 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-7
Other employees.
Status: in_force

Subject to chapter 76, the department of commerce and consumer affairs may employ clerks, inspectors, and other employees as it deems necessary.
Haw. Rev. Stat. § 457-2.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-2.5
Registered nurse.
Status: in_force

Practice as a registered nurse means the full scope of nursing, regardless of compensation or personal profit, that incorporates caring for all clients in all settings 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 2; and

(2) The National Council of State Boards of Nursing Model Nursing Administrative Rules, Chapter Two, Standards of Nursing Practice, sections 2.2.2 through 2.2.6;

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. § 445-34 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-34
Suit at whose cost.
Status: in_force

In case action on the bond is brought by any person other than the treasurer, the action shall be in the name and at the sole cost, charge, and expense of the plaintiff.
Haw. Rev. Stat. § 451J-9 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-9
Licensure fees.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Licenses shall be valid for three years and shall be renewed triennially. Any applicant for renewal of a license that has expired within one year of the renewal deadline shall be required to pay a restoration fee in addition to all renewal fees.

§451J-9 Licensure fees. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] Except as otherwise provided in section 451J-7.2, licenses shall be valid for three years and shall be renewed triennially. Any applicant for renewal of a license that has expired within one year of the renewal deadline shall be required to pay a restoration fee in addition to all renewal fees. [L 1998, c 159, pt of §2; am L 2024, c 93, §7]
Haw. Rev. Stat. § 467-16 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-16
Real estate recovery fund; use of fund; fees.
Status: in_force

(a) The commission shall establish and maintain a trust fund which shall be known as the real estate recovery fund from which any person aggrieved by an act, representation, transaction, or conduct of a duly licensed real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, may recover upon the commission's settlement of a claim or by order of the circuit court or district court of the county where the violation occurred, an amount of not more than $25,000 per transaction for damages sustained by the fraud, misrepresentation, or deceit, including court costs and fees as set by law, and reasonable attorney fees as determined by the court.

(b) When any person makes application for an original license to practice as a real estate broker or salesperson the person shall pay, in addition to the person's original license fee, a real estate recovery fund fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund. If the commission does not issue the license, this fee shall be returned to the applicant.

(c) The commission, as the trustee of the real estate recovery fund, shall be authorized to expend the funds to:

(1) Retain private legal counsel to represent the commission in any action involving or which may result in payment from the real estate recovery fund;

(2) Retain a certified public accountant for accounting and auditing of the real estate recovery fund;

(3) Employ necessary personnel, not subject to chapter 76, to assist the commission in exercising its powers and duties with respect to the real estate recovery fund; and

(4) Retain a consultant to recover and collect any payments from the real estate recovery fund plus interest from the judgment debtor. [L 1967, c 187, pt of §1; HRS §467-16; am L 1972, c 51, §1; am L 1973, c 142, §2; am L 1976, c 143, §1; am L 1983, c 116, §5; gen ch 1985; am L 1987, c 208, §2; am L 1988, c 145, §3; am L 1995, c 241, §8; am L 2000, c 253, §150; am L 2019, c 29, §§11, 18(2); am L 2020, c 12, §§4, 8]
Haw. Rev. Stat. § 437B-11.3 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-11.3
Aiding or abetting.
Status: in_force

Aiding or abetting an unlicensed person to evade this chapter or knowingly combining or conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an unlicensed person with the intent to evade this chapter, shall be a misdemeanor.
Haw. Rev. Stat. § 440E-14 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-14
Inspectors; duties.
Status: in_force

The director shall appoint inspectors, each of whom shall receive from the director a card or badge authorizing the person to act as inspector whenever the director may designate the person to so act.
Haw. Rev. Stat. § 445-113 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-113
Regulation by counties.
Status: in_force

Except for outdoor advertising devices authorized under section 445-112(16) and (17), the several counties may adopt ordinances regulating billboards and outdoor advertising devices not prohibited by sections 445-111 to 445-121. The ordinances may:

(1) Classify billboards and outdoor advertising devices in the classes set forth in section 445-112, or in any other reasonable manner of classification;

(2) Regulate the size, manner of construction, color, illumination, location, and appearance of any class of billboard or outdoor advertising device;

(3) Prohibit the erection or maintenance of any type of billboard or the displaying of any outdoor advertising device in particular parts, or in all parts, of the county; provided that the prohibition shall not apply to any official notice or sign described in section 445-112(1); and provided further that, unless a county ordinance specifies otherwise, the prohibition shall extend to billboards or outdoor advertising devices located in the airspace or waters beyond the boundaries of the county that are visible from any public highway, park, or other public place located within the county;

(4) Control and license the business of making, erecting, posting, renting, and maintaining outdoor advertising devices and billboards as a business providing advertising for others, and require each person engaging in such business to obtain an annual license, the fee for which shall not exceed $100. The license shall be conditioned upon the maintenance of all outdoor advertising devices and billboards in a safe state, and the observance of sections 445-111 to 445‑121 and all applicable ordinances and shall be revocable by the licensing authority upon breach of such condition;

(5) Require that no person, whether licensed under paragraph (4) or not, shall erect or maintain any billboard unless it is licensed by a permit issued by the county, the issuance of which permit shall be conditioned upon compliance with this chapter and all applicable ordinances and the payment to the county of an annual fee not to exceed $25 per billboard; and

(6) Provide for such other regulation of billboards and outdoor advertising devices as will promote the public health, welfare, safety, and convenience; encourage and promote the tourist and visitor trade; conserve and develop the natural beauty of the State, as well as objects and places of historic and cultural interest; foster sightliness and physical good order; and promote the purposes and provisions of sections 445‑111 to 445-121. [L 1965, c 233, pt of §1; Supp, §155-122; HRS §445-113; am L 1986, c 245, §2; am L 2005, c 188, §1]
Haw. Rev. Stat. § 451A-11 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-11
Notice to director.
Status: in_force

(a) Any person who holds a license shall notify the director in writing of the person's current mailing and residence address. It shall be the licensee's duty to provide written notice of any change of address within thirty days of the change.

(b) Any notice required to be given by the director to the person shall be mailed to the last known address. Failure to provide the written notice of change of address shall absolve the director from any duty to provide notice of any matter required by law to be provided to the licensee. [L 1969, c 205, pt of §1; gen ch 1985; am L 1997, c 88, §8]
Haw. Rev. Stat. § 448-17.5 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-17.5
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, §7]
Haw. Rev. Stat. § 448-30 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-30
[ §448-30] Inspection of facilities, equipment, and personnel.
Status: in_force

[ §448-30] Inspection of facilities, equipment, and personnel. (a) Prior to the issuance or renewal of a written authorization or permit pursuant to section 448-29, the board shall, in addition to other requirements established by statute or administrative rule, require an on-site inspection of the facility, equipment, and personnel to determine whether the facility and staff requirements pursuant to section 448-29(d) have been met. The inspection to determine whether the facility is adequate and properly equipped may be carried out in a manner that generally follows the guidelines, standards, requirements, and basic principles as described in the most current edition of the American Association of Oral and Maxillofacial Surgeons' Office Anesthesia Evaluation Manual. The inspection and evaluation shall be carried out by a team of consultants appointed by the board.

(b) Written authorizations and permits subject to section 448-29 shall be issued only to those applicants whose facilities, equipment, and personnel have been deemed adequate pursuant to this section. [L 2017, c 106, pt of §2]
Haw. Rev. Stat. § 468E-12 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-12
Issuance of license.
Status: in_force

The board shall issue a license to any person who meets the requirements of this chapter and who pays to the board the initial license fee.
Haw. Rev. Stat. § 457-11 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-11
Nursing education programs.
Status: in_force

(a) An institution desiring to conduct a nursing education program to prepare for the practice of nursing [as] advanced practice registered nurses, registered nurses, or licensed practical nurses shall apply to the board and submit evidence that it is prepared to:

(1) Carry out a program in advanced practice nursing, registered nursing, or licensed practical nursing; and

(2) Meet the standards as shall be established by law and by the board.

(b) If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be approved as a nursing education program for advanced practice, registered, or licensed practical nurses.

(c) The approval standards shall include qualifications necessary for administrators and faculty members of the nursing education program; provided that the standards shall not include a requirement that each individual faculty member receive approval of the board prior to teaching in the program. The qualifications shall be reasonable and relevant to the proper teaching of the practice of nursing. In establishing the qualifications, the board shall consult with the University of Hawaii.

(d) From time to time as deemed necessary by the board, it shall be the duty of the board, through its authorized representative, to survey nursing education programs in the State. Written reports of the surveys shall be submitted to the board. If the board determines that any approved nursing education program is not maintaining the standards required by law and by the [board], notice thereof in writing specifying the discrepancies shall be immediately given to the institution conducting the program. A program that fails to correct these conditions to the satisfaction of the board within a reasonable time shall be discontinued after a hearing held in conformance with chapter 91. [L 1970, c 71, pt of §1; am L 1983, c 119, §8; am L 1984, c 182, §4; am L 2000, c 9, §3; am L 2004, c 88, §7]
Haw. Rev. Stat. § 457-9.2 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-9.2
Continuing competency requirements; exemptions; extensions; records retention; audit.
Status: in_force

[§457-9.2]Continuing competency requirements; exemptions; extensions; records retention; audit. (a) B eginning July 1, 2017, with the renewal of the licensing biennium, and every biennial renewal thereafter, each registered nurse and practical nurse licensee shall have completed one of the learning activity options recognized by the board within the two-year period preceding the renewal date, i n addition to the requirements of section 457-9.

(b) The following nurses shall be exempt from the continuing competency requirements:

(1) Registered nurses licensed in this State who also maintain active advanced practice registered nurse licenses in accordance with this chapter and have a current national certification approved by the board;

(2) Registered nurses and practical nurses licensed in this State who also maintain current national certification, approved by the board, in their practice role; or

(3) A licensee who graduated or completed pre-licensure requirements from an accredited nursing program recognized by the board within twelve months prior to the renewal date of the licensee's first license renewal period.

If a licensee graduated or completed pre-licensure requirements from an accredited nursing program more than twelve months but less than two years prior to the renewal date, the registered nurse or practical nurse licensee shall be required to obtain fifteen contact hours of continuing education, one semester credit of post-licensure academic education related to nursing practice from an accredited nursing program, completion of a board-recognized nurse residency program, or other learning activity options from an approved provider recognized by the board prior to the first renewal period.

(c) The board may extend the deadline for compliance with the continuing competency requirements and shall consider each case on an individual basis . Prior to the expiration of the license, a nurse licensee may submit a written request for an extension and any documentation requested by the board to substantiate the reason for the extension of the deadline for compliance with the continuing competency requirements of this section, based on the following circumstances:

(1) Illness, as certified by a physician or osteopathic physician licensed under chapter 453 or advanced practice registered nurse licensed under chapter 457 in the jurisdiction in which the licensee was treated; or

(2) Military service under extended active duty with the armed forces of the United States.

(d) Each licensee shall maintain copies of the licensee's continuing competency records for the past four years or two previous bienniums.

(e) Upon application for license renewal, restoration, or reinstatement, each licensee shall have complied with and attest to completion of one of the learning activity options recognized by the board pursuant to subsection (a) during the two years preceding the application for license renewal, restoration, or reinstatement and shall be prepared to submit evidence of completion if requested by the board.

(f) The board may conduct an audit to determine compliance with the continuing competency requirement. The board shall provide written notice of an audit to all licensees selected for audit. Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with continuing competency requirements. [L 2015, c 127, pt of §2]
Haw. Rev. Stat. § 463-9 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-9
Form of application for license or registration.
Status: in_force

[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.] Application for a license or registration shall be made on a form prescribed by the board which may require a statement of the applicant's full name, age, date and place of birth, residence and business address, the business or occupation the applicant has engaged in for ten years immediately preceding the date of the filing of the application with names and addresses of employers, the date and place of any arrest or conviction of a crime where there has not been any order annulling or expunging the sentence or of any offense involving moral turpitude, whether the applicant has received treatment for any psychiatric or psychological disorder, or whether the treatment has ever been recommended, and such information, including fingerprints of the applicant and such other information as the board may require to investigate the character, competency, and integrity of the applicant. The board shall conduct such investigation of the applicant's background, character, competency, and integrity as it deems appropriate, and shall request, in accordance with section 846‑2.7, criminal history records of the applicant from each jurisdiction in which the application form indicates the applicant lived for any substantial period of time. The Hawaii criminal justice data center shall provide such information on request to the director of commerce and consumer affairs.
Haw. Rev. Stat. § 448-9.6 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-9.6
Community service license.
Status: in_force

(a) The board may issue, without examination, a community service license to practice dentistry in the employment of the department of health, a federally qualified health center, Native Hawaiian health center, community health center , rural health clinic, mobile dental outreach program, or post-secondary dental auxiliary training program accredited by the American Dental Association Commission on Dental Accreditation. Community service licensees under this section shall abide by the requirements and conditions placed upon those fully licensed under this chapter.

Eligible candidates shall:

(1) Provide copies of documentation and credentials that include but are not limited to:

(A) A diploma or certificate of graduation from a dental college accredited by or that has a reciprocal agreement with the American Dental Association Commission on Dental Accreditation, recognized and approved by the board; and

(B) Either of the following:

(i) A certificate or other evidence satisfactory to the board of having passed part II of the National Board Dental Examination or the Integrated National Board Dental Examination within five years of the date of request; or

(ii) Evidence of active practice of clinical dentistry of not less than one thousand hours per year for the three years immediately prior to the date of request;

(2) Provide a copy of an active, unrestricted dental practice license from another state;

(3) Disclose to the board all previous and pending legal or regulatory action relating to claims of malpractice, or personal or professional misconduct; and

(4) Pay applicable registration fees, which shall be one half of the prevailing biennial registration fee for dentists.

No person who, after July 2, 2004, has failed to pass the license examination administered under this chapter shall have the benefit of a community service license.

(b) Community service licensees shall actively participate in a formal and ongoing program of clinical quality assurance.

(c) A license may be renewed biennially, pending review and reauthorization of the board of dentistry.

(d) A community service license authorizes the licensee to practice dentistry only within the employment of an eligible organization and shall be in force until the earliest of the following occurs:

(1) The date the person leaves the employment authorized under the community service license;

(2) The date on which the results of the license examination taken by the person under this chapter are posted by the board;

(3) The date the community service license expires; or

(4) The date on which the board revokes the community service license; provided that the board may revoke the community service license at any time for cause.

(e) Commissioned officers of 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 practicing in the department of health, a federally qualified health center, or Native Hawaiian health systems center shall qualify for a community service license to practice dentistry, which may be issued for the term of the officer's federal duty assignment. Officers shall provide to the board of dentistry:

(1) A copy of an active, unrestricted dental practice license from another state; and

(2) A copy of documentation reflecting official duty assignment to a qualifying community service dental license site. [L 2004, c 166, §3; am L 2006, c 31, §§1, 2; am L 2009, c 36, §1; am L 2017, c 12, §1; am L 2018, c 203, §4; am L 2023, c 100, §3]
Haw. Rev. Stat. § 456-23 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-23
[ §456-23] Notarial act performed for remotely located individual.
Status: in_force

[ §456-23] Notarial act performed for remotely located individual . (a) A remotely located individual may comply with any law requiring the individual to appear personally before, or be in the presence of, a notary public at the time of the performance of a notarial act by using communication technology to appear before a remote online notary public.

(b) A remote online notary public located in this State may perform a notarial act for a remotely located individual using communication technology if:

(1) The remote online notary public has:

(A) Personal knowledge of the identity of the individual;

(B) Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the remote online notary public under this chapter; or

(C) Obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;

(2) The remote online notary public is reasonably able to confirm that a document before the remote online notary public is the same document in which the remotely located individual made a statement or on which the remotely located individual executed a signature;

(3) The remote online notary public, or a person acting on behalf of the remote online notary public, creates an audiovisual recording of the performance of the notarial act; and

(4) For a remotely located individual located outside the United States:

(A) The document to be notarized:

(i) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States;

(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; or

(iii) Involves a transaction with a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, including a bank so insured and that is located in the Federated States of Micronesia, Republic of the Marshall Islands, or Republic of Palau; and

(B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(c) If a notarial act is performed under this section, any certificate of notarial act required by this chapter or other laws of this State shall indicate that the notarial act was performed using communication technology.

(d) A form of certificate of notarial act subject to this section and authorized by the laws of this State, including a certificate of acknowledgment provided in section 502-41, is sufficient if it:

(1) Complies with rules adopted under this section; or

(2) Is in the form authorized by the laws of this State and contains a statement substantially as follows: "This notarial act involved the use of communication technology".

(e) A remote online notary public; guardian, conservator, or agent of a remote online notary public; or personal representative of a deceased remote online notary public shall retain any audiovisual recording created under this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by a rule adopted under this section, the recording shall be retained for a period of no less than ten years after the recording is made.

(f) Prior to performing any initial notarial act under this section, the remote online notary public shall notify the attorney general that the remote online notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies that the remote online notary public intends to use. The technologies selected by a remote online notary public to perform notarial acts for remotely located individuals shall conform to the attorney general's standards developed for this chapter.

(g) In addition to adopting, amending, or repealing rules under sections 456-1.5 and 456-8, the attorney general may adopt, amend, or repeal rules pursuant to chapter 91 regarding the performance of notarial acts under this section, including:

(1) Prescribing the means of performing a notarial act involving a remotely located individual using communication technology;

(2) Establishing standards for communication technology and identity proofing;

(3) Establishing requirements and procedures to approve providers of communication technology and the process of identity proofing; and

(4) Establishing standards for, and a period of retention of, any audiovisual recording created under this section.

(h) Prior to adopting, amending, or repealing a rule governing the performance of a notarial act with respect to a remotely located individual, the attorney general shall consider:

(1) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;

(2) The standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and

(3) The views of governmental officials and entities and other interested persons.

(i) For purposes of this section:

"Communication technology" means an electronic device or process that:

(1) Allows a remote online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(2) When necessary and consistent with other applicable laws, facilitates communication between a remote online notary public and a remotely located individual who has a vision, hearing, or speech impairment.

"Foreign state" means a jurisdiction other than the United States, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States, or a federally recognized Indian tribe.

"Identity proofing" means a process or service by which a third person provides a remote online notary public with a means to verify the identity of a remotely located individual by a review of the remotely located individual's personal information from public or private data sources.

"Outside the United States" means a location outside the geographic boundaries of the United States; Puerto Rico; the United States Virgin Islands; and any territory, insular possession, or other location subject to the jurisdiction of the United States.

"Remote online notary public" means an individual commissioned by the attorney general to perform notarial acts for remotely located individuals.

"Remotely located individual" means an individual who is not in the physical presence of the remote online notary public performing a notarial act for that individual under this section. [L 2020, c 54, pt of §2]
Haw. Rev. Stat. § 453-32.6 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-32.6
Delegation to committee of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel.
Status: in_force

The Hawaii medical board shall establish a committee consisting of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel to assist the board in the performance of duties under this part.

The board, by written order, may delegate to the committee any of its powers and duties for administration of this part, except that the board shall not delegate any authority to adopt, amend, or repeal rules, take disciplinary action against a license holder, or restore a license which has been revoked. [L 1984, c 168, pt of §2; am L 2008, c 5, §20 and c 9, §3; am L 2021, c 119, §10]
Haw. Rev. Stat. § 440-35 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-35
Not to apply to Army, Air Force, Navy, National Guard, or Police Activities League.
Status: in_force

This chapter shall not apply to any boxing contest held as a recreational activity by Army, Air Force, Navy, or National Guard personnel, or the Police Activities League, when the contest is held under the supervision of a recreational officer of the Army, Air Force, Navy, or National Guard, or a Police Activities League staff member.
Haw. Rev. Stat. § 441-25 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-25
License not required to act as cemetery or pre-need funeral salesperson.
Status: in_force

Chapter 467, relating to real estate brokers and salespersons, shall not be applicable to cemetery salespersons.
Haw. Rev. Stat. § 457-2 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-2
Definitions.
Status: in_force

(a) As used in this chapter unless the content otherwise requires:

"Advanced practice registered nurse" means a registered nurse who has met the qualifications for advanced practice registered nurse licensure set forth in this chapter and through rules of the board, which shall include educational requirements.

"Board" means the state board of nursing.

"Competency" means the ability of a nurse to integrate knowledge, skills, judgment and personal attributes to practice safely and ethically in the professional nursing position and in accordance with the scope of nationally recognized nursing practices.

"Contact hour" means the same as section 16-89-2, Hawaii Administrative Rules.

"Continuing competency" means the long-term educational and professional process by which an individual undertakes and documents with verifiable evidence a personal learning plan that encompasses a periodic self-assessment of personal strengths and weaknesses as present in the individual's practice as a nurse as well as a commitment to furthering the individual's professional knowledge relating to the nursing field.

"Distant site" means the location of the nurse delivering services through telehealth at the time the services are provided.

"Licensure and discipline data" means identifying information that includes but is not limited to the licensee's name, address, social security number, date of birth, and nursing education.

"NCSBN" means the National Council of State Boards of Nursing.

"Nurse" means a person licensed under this chapter or a person who holds a license under the laws of another state or territory of the United States that is equivalent to a license under this chapter.

"Nursys" means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a nurse through telehealth, including but not limited to a nurse's or health care provider's office, hospital, health care facility, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient.

"Telehealth" means the use of telecommunications as that term is defined in section 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, to support long-distance clinical health care while a patient is at an originating site and the nurse is at a distant site, patient and professional health-related education, public health and health administration, to the extent that it relates to nursing.

"The practice of nursing as a licensed practical nurse" [Repeal and reenactment on July 1, 2017 by L 2012, c 255, §5 deleted by L 2016, c 2, §2.] means the performance of those acts commensurate with the required educational preparation and demonstrated competency of the individual, whereby the individual shall be accountable and responsible to the consumer for the quality of nursing care rendered. The foregoing may include, but shall not be limited to: implementation of basic nursing procedures in the plan of care; observing and caring for individuals at all levels of the health spectrum, giving counsel and acting to safeguard life and health and functioning as a part of the health care team, under the direction of a dentist, physician, osteopathic physician, registered nurse, or podiatrist licensed in accordance with chapter 448, 453, 457, or 463E, or under the orders of a physician assistant licensed pursuant to chapter 453, practicing with physician supervision as required by chapter 453, and acting as the agent of the supervising physician; administration of treatment and medication as prescribed; promotion of health maintenance of individuals, families, or groups; or teaching and supervision of auxiliary personnel.

"The practice of nursing as a registered nurse" [Repeal and reenactment on July 1, 2017 by L 2012, c 255, §5 deleted by L 2016, c 2, §2.] means the performance of professional services commensurate with the educational preparation and demonstrated competency of the individual having specialized knowledge, judgment, and skill based on the principles of the biological, physical, behavioral, and sociological sciences and nursing theory, whereby the individual shall be accountable and responsible to the consumer for the quality of nursing care rendered. The foregoing may include but shall not be limited to observation, assessment, development, implementation, and evaluation of a plan of care, health counseling, supervision and teaching of other personnel, and teaching of individuals, families, and groups in any stage of health or illness; administration, supervision, coordination, delegation, and evaluation of nursing practice; provision of health care to the patient in collaboration with other members of the health care team as autonomous health care professionals providing the nursing component of health care; or use of reasonable judgment in carrying out prescribed medical orders of a licensed dentist, physician, osteopathic physician, or podiatrist licensed in accordance with chapter 448, 453, or 463E; orders of an advanced practice registered nurse licensed in accordance with this chapter; or the orders of a physician assistant licensed pursuant to chapter 453, practicing with physician supervision as required by chapter 453, and acting as the agent of the supervising physician.

(b) Definitions applicable to this chapter shall also include those used in the NCSBN Model Nursing Practice Act and the Model Nursing Administrative Rules unless the context otherwise requires. Where a definition in the NCSBN Model Nursing Practice Act or Model Nursing Administrative Rules conflicts with a definition in [this] chapter or 436B, the definitions contained in [this] chapter or 436B and the rules of the board shall apply. [L 1970, c 71, pt of §1; am L 1985, c 238, §1; am L 1994, c 277, §§3, 4; am L 1996, c 150, §1; am L 2000, c 9, §1; am L 2009, c 11, §61; am L 2010, c 57, §5; am L 2012, c 255, §2; am L 2014, c 46, §3; am L 2015, c 127, §3; am L 2016, c 18, §3 and c 226, §11]
Haw. Rev. Stat. § 465-10 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-10
Examination waiver.
Status: in_force

(a) The board may recommend licensing without written examination of an applicant who has not previously failed to pass an examination in psychology prescribed by the board and who submits evidence satisfactory to the board that the applicant is certified or licensed, and in good standing, to practice psychology in another state deemed by the board to have standards equivalent to this chapter.

(b) The director shall issue a license under this section in the same manner and subject to the same conditions specified in section 465-8. [L 1967, c 290, pt of §1; HRS §465-10; am L 1983, c 95, §4 and c 136, §4; am L 1985, c 115, §12; am L 1987, c 72, §3; am L 1997, c 37, §5]
Haw. Rev. Stat. § 463-10 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-10
Licenses; fees; renewal of licenses; inactive license.
Status: in_force

(a) The license shall state the name and address of the principal office or place of business of the licensee, the name under which the licensed business is to be conducted, and the name of the principal detective or principal guard, if the licensee is a detective agency or guard agency.

(b) Except as provided in section 463-10.5, the renewal fee and compliance resolution fund fees, or the inactive license fee, shall be paid to the board on or before June 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. The failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before June 30 of each even-numbered year shall result in the automatic forfeiture of the licensee's license.

(c) A forfeited license may be restored upon written application within one year of the date of expiration and upon submittal of all required documents, fees, delinquent fees, and a penalty fee.

(d) Upon written request by a licensee, the board may place that licensee's active license on an inactive status. The licensee, upon payment of the inactive license fee, may continue on inactive status for the applicable renewal period. A licensee may renew an inactive license upon notification to the board. The failure, neglect, or refusal of any licensee on inactive status to pay the inactive license fee shall result in the automatic forfeiture of the licensee's license. While on inactive status, a licensee shall not be engaged in the practice of a private detective, guard, or agency. Any person who violates this prohibition shall be subject to discipline under this chapter and the board's rules. The license may be reactivated at any time by filing an application for reactivation with the board and:

(1) Fulfilling all requirements established by the board, including the payment of the appropriate fees the licensee would have paid had the licensee continued to maintain the license on an active status; and

(2) Providing any information regarding any arrest or conviction of any crime that reflects unfavorably on the fitness of the licensee to engage in the profession, and information that the licensee, while on inactive status, has suffered a psychiatric or psychological disorder that is directly related and detrimental to the licensee's performance in the profession.

The board may deny an application for reactivation as provided in its rules.

(e) For the purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. [L 1961, c 77, pt of §1 and c 142, §11; Supp, §165A-10; HRS §463-10; am L 1975, c 118, §27; am L 1984, c 7, §70; am L 1992, c 202, §150; am L 1994, c 122, §6; am L 2004, c 94, §8; am L 2017, c 160, §1]
Haw. Rev. Stat. § 441-4 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-4
Subdivision law not applicable; approval of location and boundaries by council.
Status: in_force

No provision of law, ordinance, or government regulation relating generally to subdivisions, or the sale or transfer of land within subdivisions, shall be applicable to cemeteries. Each county may enact ordinances dealing separately with the development of cemeteries. No cemetery shall hereafter be established, nor shall the boundaries of any existing cemetery be extended, without the location and boundaries of the cemetery or extension thereof having first been approved by the council of the county in which the cemetery is located. The approval may be endorsed in writing by authority of the council, upon the certificate of dedication referred to in section 441-2, and the registrar of conveyances or the assistant registrar of the land court, shall not accept for filing any certificate of dedication without such endorsement or, in lieu thereof, a certified copy of a resolution of the council approving the location and boundaries of the cemetery or extension thereof which resolution shall be recorded.

Revision Note

"Council" substituted for "board of supervisors" to conform to terminology of county charters.
Haw. Rev. Stat. § 440E-30 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-30
Injunctive relief.
Status: in_force

The director may, in addition to any other remedies available, bring an action in any court of this State to enjoin a person from continuing any violation of this chapter or doing any acts in furtherance thereof, and for any other relief that the court deems appropriate.
Haw. Rev. Stat. § 441-17 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-17
Existing cemeteries deemed dedicated; extension of existing cemeteries.
Status: in_force

All existing cemeteries or parts thereof which shall have been lawfully established, and for which a map or plat substantially similar to that required by section 441-3 has been filed or recorded in the bureau of conveyances or in the office of the assistant registrar of the land court, shall be deemed to have been dedicated as of [July 1, 1967], to the same extent and with like effect as provided in this chapter.
Haw. Rev. Stat. § 440E-16 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-16
Physician or osteopathic physician; duties.
Status: in_force

Every promoter holding a license to conduct, hold, or give mixed martial arts contests shall have in attendance at every contest at least two physicians licensed to practice medicine or osteopathic medicine in the State under chapter 453 who shall observe the physical condition of the mixed martial arts contestants and advise the referee with regard thereto and, one hour before each contestant enters the ring, certify in writing as to the physical condition of the contestant to engage in the contest. A report of the medical examination shall be filed with the director not later than forty-eight hours after the conclusion of the contest. If a contestant is knocked down or severely injured during a contest, or for any other reason as provided in rules adopted by the director pursuant to chapter 91, at least one physician shall immediately examine the contestant and file a written medical opinion with the director within forty-eight hours of the contest.
Haw. Rev. Stat. § 440E-13 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-13
Admission tickets.
Status: in_force

All tickets of admission to any mixed martial arts contest for which admission fees are charged and received shall have printed clearly upon the face thereof the purchase price of same, and no ticket shall be sold for more than the price as printed thereon.
Haw. Rev. Stat. § 453D-6 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-6
Exemptions.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) This chapter shall not apply to:

(1) A person doing work within the duties of the person's profession that overlaps with the practice of mental health counseling; provided that no such person shall use a title stating or implying that the person is a " licensed mental health counselor " or " mental health counselor", or describe or refer to the person's services as mental health counseling;

(2) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person's capacity as a member of the clergy; and provided further that the person does not represent the person to be a " licensed mental health counselor " or " mental health counselor", or describe or refer to the person's services as mental health counseling;

(3) Any student enrolled in an accredited educational institution in a recognized program of study leading towards attainment of a graduate degree in mental health counseling or other professional field; provided that the student's activities and services are part of a prescribed course of study supervised by the accredited educational institution and the student is identified by an appropriate title, including but not limited to " mental health counseling student " or " trainee " , " clinical psychology student " or "trainee", " social work student " or "trainee", " marriage and family counseling student " or "trainee", or any title that clearly indicates training status;

(4) Any individual who uses the title of "mental health counselor intern" for the purpose of obtaining clinical experience in accordance with section 453D-7(a)(2);

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

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

(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law or rule of the department, including but not limited to social workers, registered nurses, psychologists, marriage and family therapists, or physicians, from providing mental health counseling or advertising that they provide mental health counseling to individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no such persons shall use a title stating or implying that they are licensed mental health counselors unless the persons are licensed pursuant to this chapter.

(c) Nothing in this chapter shall be construed to supersede the regulation of registered rehabilitation specialists from the department of labor and industrial relations. Further, no registered rehabilitation specialist shall use a title stating or implying that the registered rehabilitation specialist is a licensed mental health counselor unless the person is licensed pursuant to this chapter. [L 2004, c 209, pt of §2; am L 2006, c 14, §2; am L 2008, c 206, §1; am L 2020, c 63, §1]

§453D-6 Exemptions. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] (a) This chapter shall not apply to:

(1) A person doing work within the duties of the person's profession that overlaps with the practice of mental health counseling; provided that the person shall not use a title stating or implying that the person is a " licensed mental health counselor " , " mental health counselor", "licensed associate mental health counselor", or an "associate mental health counselor" or describe or refer to the person's services as mental health counseling;

(2) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person's capacity as a member of the clergy; provided further that the person does not represent the person to be a " licensed mental health counselor " , " mental health counselor", "licensed associate mental health counselor", or an "associate mental health counselor" or describe or refer to the person's services as mental health counseling;

(3) Any student enrolled in an accredited educational institution in a recognized program of study leading towards attainment of a graduate degree in mental health counseling or other professional field; provided that the student's activities and services are part of a prescribed course of study supervised by the accredited educational institution and the student is identified by an appropriate title, including but not limited to " mental health counseling student " or " trainee " , " clinical psychology student " or "trainee", " social work student " or "trainee", " marriage and family counseling student " or "trainee", or any title that clearly indicates training status;

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

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

(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law or rule of the department, including but not limited to social workers, registered nurses, psychologists, marriage and family therapists, or physicians, from providing mental health counseling or advertising that they provide mental health counseling to individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no such persons shall use a title stating or implying that they are licensed mental health counselors unless the persons are licensed pursuant to this chapter.

(c) Nothing in this chapter shall be construed to supersede the regulation of registered rehabilitation specialists from the department of labor and industrial relations. Further, no registered rehabilitation specialist shall use a title stating or implying that the registered rehabilitation specialist is a licensed mental health counselor unless the person is licensed pursuant to this chapter. [L 2004, c 209, pt of §2; am L 2006, c 14, §2; am L 2008, c 206, §1; am L 2020, c 63, §1; am L 2024, c 93, §15]
Haw. Rev. Stat. § 466-4 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-4
Board of public accountancy.
Status: in_force

(a) There shall be a board of public accountancy to be known as the state board of public accountancy, which shall consist of nine members. All members of the board shall be citizens of the United States and residents of this State. Seven members thereof shall hold current licenses issued under this chapter, of which six of the seven members shall hold current permits to practice public accountancy and be in active practice; and two shall be public members.

(b) The governor shall remove or suspend any member of the board for cause, in accordance with section 26-34, including any member thereof:

(1) Who ceases to engage in active practice as a certified public accountant or as a public accountant, as the case may be; or

(2) Whose license of certified public accountant or of public accountant, as the case may be, or whose permit to practice public accountancy:

(A) Has been canceled, revoked, or suspended;

(B) Has expired without renewal; or

(C) Has otherwise become invalid.

(c) The director shall employ clerks, proctors, examiners, and other personnel under chapter 76 to assist the board in the performance of its duties.

(d) In addition to any other powers and duties authorized by law, the board, in accordance with chapter 91 shall:

(1) Initiate investigations and hearings, either upon complaint or on its own motion on any matter involving the conduct of certified public accountants, public accountants, or firms, or the violation of any of the provisions of this chapter or the rules of the board;

(2) Adopt, amend, and repeal rules governing the administration and enforcement of this chapter and the conduct of the licensees, as it deems appropriate to establish and maintain high standards of competence and integrity in the practice of public accountancy;

(3) Grant, deny, suspend, or revoke licenses that are authorized by this chapter and impose such conditions as may be necessary in connection with the granting, denial, suspension, or revocation of licenses;

(4) Prescribe the proof to be furnished for the issuance of a duplicate license in place of one alleged to have been lost or destroyed, including a requirement for any indemnity deemed appropriate to the case; and

(5) Grant, renew, forfeit and restore permits to practice that are authorized by this chapter and impose such conditions as may be necessary in connection with the granting, renewal, forfeiture and restoration of permits. [L 1973, c 158, pt of §2; am L 1978, c 208, §13; am L 1983, c 6, §1; gen ch 1985; am L 1989, c 110, §5; am L 1992, c 202, §163 and c 204, §1; am L 1993, c 51, §1; am L 1997, c 86, §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 467-23 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-23
Waiver of rights.
Status: in_force

The failure of an aggrieved person to comply with this chapter relating to the real estate recovery fund shall constitute a waiver of any rights hereunder.
Haw. Rev. Stat. § 453D-4 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-4
Fees; disposition.
Status: in_force

(a) Application, examination, reexamination, license, renewal, restoration, penalty, and any other fees relating to the administration of this chapter, shall not be refundable and shall be provided in rules adopted by the director pursuant to chapter 91.

(b) Fees assessed shall defray costs incurred by the department to support the operation of the mental health [counselors] licensing program. Fees collected shall be managed in accordance with section 26-9(l). [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
Haw. Rev. Stat. § 436E-3 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-3
License required.
Status: in_force

Except as otherwise provided by law, no person shall practice acupuncture in this State either gratuitously or for pay, or shall offer to so practice, or shall announce themselves either publicly or privately as prepared or qualified to so practice any method of acupuncture without having a valid unrevoked license or intern permit from the State; provided that the requirement for a permit shall not be enforced until the board has initially adopted rules pursuant to section 436E-3.6.
Haw. Rev. Stat. § 443B-14 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-14
Penalties.
Status: in_force

Any violation of this chapter is punishable by a fine of not more than $5,000 per violation. Any officer, agent, or employee of a collection agency who personally participates in any violation of this chapter by the collection agency shall be subject to penalties prescribed in this section.
Haw. Rev. Stat. § 437-13 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-13
Disclosure of dealer.
Status: in_force

Where a person licensed according to this chapter represents a buyer in the State in purchasing or attempting to purchase a motor vehicle from or through a dealer or broker not licensed in the State (hereinafter called "nonresident") residing or doing business without the State the person shall file with the motor vehicle industry licensing board each month a statement showing the name and address of all such nonresidents with whom the person has actually negotiated any such sale for the past month and with whom the person is authorized in writing to negotiate or continue to negotiate or to make such sales. All such statements shall be under oath.
Haw. Rev. Stat. § 441-41 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-41
Investment of perpetual care funds and pre-need trusts.
Status: in_force

(a) The investment of perpetual care funds and pre-need trusts by a bank or trust company appointed as trustee shall be governed by the standards prescribed in article 8 of chapter 412.

(b) The investment of perpetual care funds and pre-need trusts by a board of trustees shall be governed by the following standards:

(1) Funds may be invested in either:

(A) An institution listed with the New York Stock Exchange, that is a member of the Securities Investor Protection Corporation (SIPC), and provides additional insurance coverage of $1,000,000 per account above and beyond the minimum cash and securities protected by the Securities Investor Protection Corporation; or

(B) An institution whose deposits are federally insured.

(2) Funds invested with an institution as provided in section 441-41(b)(1) shall be insured on a cash basis by the institution for the full amount of those funds. If the institution insures a portion of the fund, the perpetual care and pre-need funeral authority shall acquire additional insurance in the amount equal to or in excess of the funds held by the institution. The insurance shall be in full force and effect and shall not lapse or be reduced below the full amount of the funds. The perpetual care and pre-need funeral authority shall immediately notify the director when the insurance is not in conformity with the requirements stated herein. Failure, refusal, or neglect of a licensed cemetery and pre-need funeral authority to maintain in full force and effect the insurance as required by this section shall cause the automatic suspension of the license effective as of the date of expiration or cancellation of the insurance. The authority's license shall not be reinstated until evidence of insurance as required in this section is received by the director. The director may assess a fee on the licensee not to exceed $500 as a condition for the reinstatement of a suspended license, pursuant to this section. Failure to effect a reinstatement of a suspended license within sixty days of the expiration of the requirement of licensing shall cause it to be terminated, thereby forfeiting all license and biennial renewal fees. A licensee may, within fifteen days after receipt of the notification of the license termination, request an administrative hearing pursuant to chapter 91.

(3) Investment by the board of trustees in an institution described in section 441-41(b)(1)(A) shall be limited to stocks which are either listed on a national securities exchange or traded over-the-counter on the national market of the National Association of Securities Dealers, Inc., Automated Quotation System. Only the board of trustees shall have the authority to make investment decisions. No securities salesperson shall be granted or allowed to have discretionary authority over the account.

(4) Investment of moneys designated for perpetual care and pre-need services shall be held intact. [L 1967, c 199, pt of §1; HRS §441-41; am L 1982, c 66, §8; am L 1985, c 101, §21; am L 1993, c 350, §22]
Haw. Rev. Stat. § 456-24 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-24
[ §456-24] Remote online notaries public; application; qualifications.
Status: in_force

[ §456-24] Remote online notaries public; application; qualifications. (a) A notary public or an applicant for commission as a notary public may apply to the attorney general to be commissioned as a remote online notary public in the manner provided by this section.

(b) A person qualifies to be commissioned as a remote online notary public by:

(1) Satisfying the qualification requirements for commission as a notary public under this chapter;

(2) Paying any application fee established pursuant to subsection (c); and

(3) Submitting to the attorney general an application in the form prescribed by the attorney general that establishes the applicant's qualifications.

(c) The attorney general may charge a fee for an application submitted under this section in an amount necessary to administer this section.

(d) An individual commissioned as a remote online notary public under this section shall forthwith file a literal or photostatic copy of the individual's commission with the clerk of the circuit court of the circuit in which the remote online notary public resides.

(e) An individual commissioned as a remote online notary public under this section shall be deemed a notary public for purposes of this chapter and shall be subject to the requirements, powers, and duties of a notary public under this chapter. [L 2020, c 54, pt of §2]
Haw. Rev. Stat. § 437D-5 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-5
Rental agreements; damage waivers.
Status: in_force

(a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information:

(1) That the damage waiver is optional;

(2) That the damage waiver entails an additional charge;

(3) The actual charge per day for the damage waiver;

(4) All restrictions, conditions, and provisions in or endorsed on the damage waiver;

(5) That the lessee may already be sufficiently covered and should examine the lessee's personal automobile insurance policy to determine whether it provides coverage for damage and the amount of the deductible;

(6) That by entering into the rental agreement, the lessee may be liable for damage to the rental motor vehicle; and

(7) The acknowledgment described in section 437D-11.

(b) The rental agreement shall not contain an unreasonable restriction, condition, or provision in or endorsed on a damage waiver. The damage waiver shall not exclude damages caused by ordinary negligence on the part of the lessee. [L 1988, c 251, pt of §2; am L 2009, c 148, §3]
Haw. Rev. Stat. § 468M-7 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-7
Action for damages.
Status: in_force

Any activity desk shall be liable to the activity provider for a violation of this chapter for any damages which result from a violation. Damages shall be awarded at the rate of no less than $1,000 for each violation. Violations shall be calculated as follows:

(1) For violations of section 468M-3(1), (2), or (3), by multiplying the number of days the violations occurred by the number of locations of an activity desk where the violations occurred;

(2) For violations of section 468M-3(4), by counting the number of days where the client trust account held funds insufficient to meet the requirements of section 468M-3(4); and

(3) Notwithstanding paragraphs (1) and (2), not more than $10,000 shall be awarded if the activity desk has not previously been required to pay damages to an activity provider pursuant to this section. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, §§2, 4; ren and am 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. § 453-3.1 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-3.1
REPEALED.
Status: in_force

L 1983, c 92, §1(11).
Haw. Rev. Stat. § 436M-1 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-1
Definitions.
Status: in_force

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

"Alarm business" means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system in or on any building, place, or premises, except motor vehicles.

"Alarm system" means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated.

"Audible alarm system" means any alarm system that emits a sound when activated.

"Automatic telephone dialer" means any alarm system that, when activated, dials a programmed telephone number and, when the telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act.

"False alarm" means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. False alarms include alarm activations caused by negligence, by improperly installed or maintained equipment, and by efforts to summon the police for a purpose other than that for which the alarm is designed. False alarms shall not include alarm activations for which the cause cannot be determined, or is in reasonable doubt, or is beyond the control of the alarm user or alarm business.

"False alarm rate" means the total number of false alarms received by the police relative to the total number of alarm systems in operation. [L 1986, c 134, pt of §1]
Haw. Rev. Stat. § 443B-19 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-19
Unfair or unconscionable means.
Status: in_force

No collection agency shall use unfair or unconscionable means to collect or attempt to collect any claim in any of the following ways:

(1) The seeking or obtaining of any written statement or acknowledgment in any form that a debtor or alleged debtor's obligation is one incurred for necessities of life where the original obligation was not in fact incurred for these necessities;

(2) The seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a debtor or alleged debtor who has been declared bankrupt, without clearly disclosing the nature and consequences of the affirmation and the fact that the debtor or alleged debtor is not legally obligated to make the affirmation;

(3) The collection of or the attempt to collect from a debtor or alleged debtor all or any part of the collection agency's fees or charges for services rendered;

(4) The collection of or the attempt to collect any interest or other charge, fee, or expense incidental to the principal obligation unless the interest or incidental fee, charge, or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor or alleged debtor; or unless the interest or incidental fee, charge, or expense is expressly authorized by law; and

(5) Any communication with a debtor or alleged debtor whenever it appears that the debtor or alleged debtor is represented by an attorney and the attorney's name and address are known. [L 1987, c 191, pt of §1]
Haw. Rev. Stat. § 460J-8.5 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-8.5
Requirements to maintain license.
Status: in_force

(a) A licensed pest control operator shall have and maintain in full force and effect the following:

(1) Workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386; and

(2) Liability insurance from an insurance company or agency for comprehensive personal injury and property damage liability in an amount prescribed by the board through its rules.

(b) Failure, refusal, or neglect of any licensed pest control operator to maintain in full force and effect the required workers' compensation insurance or liability insurance shall cause the automatic forfeiture of the license of the pest control operator effective as of the date of expiration or cancellation of the pest control operator's workers' compensation insurance or liability insurance.

(c) The pest control operator shall immediately notify the board of termination or cancellation of any insurance required under the chapter. Failure to notify the board shall subject the licensee to discipline pursuant to section 460J-15.

(d) The board shall not restore the forfeited license until satisfactory proof of continuous or replacement insurance coverage is submitted to the board as required by this section.

(e) Failure to submit proof of continuous or replacement coverage required by subsection (d) within sixty days after the date of forfeiture shall result in the forfeiture of all fees and shall require the person to apply as a new applicant.

(f) A licensee, within sixty days after receipt of the notification of the forfeiture, may request an administrative hearing to review the forfeiture pursuant to chapter 91. A request for an administrative hearing shall not stay or affect the provisions of subsections (d) and (e). [L 2004, c 175, §1]
Haw. Rev. Stat. § 451K-7 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-7
Provisional license.
Status: in_force

(a) The director shall grant, upon application and payment of proper fees, provisional licensure to an individual who, at the time of application, is documented to have active candidate status by the American Board of Genetic Counseling or its equivalent.

(b) Individuals with provisional licenses shall meet the requirements for full licensure within the first two available American Board of Genetic Counseling or its equivalent board examination cycles next following the filing of an application for provisional licensure. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 448E-13 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-13
Exemption of public utility and community antennae television company personnel ; annual reports.
Status: in_force

[Repeal and reenactment on June 30, 2027. L 2022, c 68, § 3.] (a) The following persons shall be exempt from this chapter:

(1) All employees of a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission and community antennae television company, while so employed; and

(2) Employees of an electrical contractor duly licensed under chapter 444; provided that:

(A) The contractor is retained by a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission to perform high voltage electrical work for the public utility;

(B) A fter solicitation of a request for proposal to licensed contractors specifying the high voltage work requested, the public utility certifies to the board that no electricians, including electricians employed by C-62 pole and line or C-63 high voltage electrical contractors, responded to the request for proposal who were:

(i) Sufficiently qualified and licensed in the State; and

(ii) Available and able to perform or timely complete the high voltage electrical work or task,

before the contractor hired by the public utility recruited qualified electricians outside the State; provided further that the public utility shall make its request for proposals available through its website in an electronic format to C-62 pole and line and C-63 high voltage electrical contractors;

(C) The public utility submits an annual report to the board covering the preceding calendar year that identifies, at a minimum:

(i) The number of qualified contractors the public utility employed to perform high voltage electrical work; and

(ii) The number of requests for proposals solicited for high voltage work;

(D) The employees are deemed qualified by the public utility to perform high voltage electrical work; and

(E) The exemption is limited to the use by a public utility for high voltage electrical workers who perform electric transmission and distribution line construction, maintenance, and connection to substation work;

provided further that in no circumstance shall the persons be less qualified than the public utility's own employees who perform high voltage electrical work.

(b) Persons retained by a public utility pursuant to subsection (a)(2) shall be exempt from the provisions of section 444-9.5.

(c) For purposes of this section, "high voltage" means six hundred volts or higher. [L 1971, c 183, §3; am L 1972, c 196, §6; am L 2013, c 65, §§2, 4; am L 2018, c 60, §2; am L 2022, c 68, §2]
Haw. Rev. Stat. § 440E-25 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-25
Summary disciplinary action.
Status: in_force

In addition to other disciplinary actions provided in this chapter, the director may fine, withhold purse money or fees, and issue immediate temporary suspensions of not more than sixty calendar days against a licensee for violations of this chapter or rules adopted pursuant thereto. The director shall notify the licensee in writing of any temporary suspension, fine, or withholding of purse money within five calendar days of the director's action. The licensee shall have a right to a hearing in accordance with chapter 91; provided that the licensee notifies the director in writing of the request for a hearing within thirty calendar days after the director notifies the licensee in writing, by mail or personal service, of the director's order.
Haw. Rev. Stat. § 444-36 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-36
Prosecution of criminal violations.
Status: in_force

The regulated industries complaints office shall report any criminal violation of this chapter, including, but not limited to, criminal contempt of court, to the county prosecuting attorney's office or the department of the attorney general for prompt prosecution.
Haw. Rev. Stat. § 437-11 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-11
Additional requirements for dealer's and auction's license.
Status: in_force

(a) Requirements to be met before issuance of dealer's and auction's license.

(1) The following requirements shall be met by an applicant for a dealer's license before a license may be issued by the motor vehicle industry licensing board:

(A) The applicant has a site which will be used primarily for the purpose of selling, displaying, offering for sale, or otherwise dealing in motor vehicles;

(B) The site has a permanent building thereon suitable for the display at any one time of at least three motor vehicles having an average base of at least ninety inches; and

(C) The site has suitable sanitation facilities.

(2) The following requirements shall be met by an applicant for an auction's license before a license may be issued by the motor vehicle industry licensing board:

(A) The applicant has a permanent site which will be used primarily for the purpose of selling, displaying, offering for sale, or otherwise dealing in motor vehicles; and

(B) The site has suitable sanitation facilities.

(b) Other related uses permissible. The site may be used for other purposes which are accessory or customarily associated with the retail sale of motor vehicles, such as maintenance operation of a repair, accessories, gasoline and oil, storage, parts, service, or paint branch or department. [L 1963, c 199, §1h; Supp, §160-167.1; HRS §437-11; am L 1969, c 263, §1(22); am L 1970, c 82, §1(3); am L 1992, c 153, §4; am L 1997, c 38, §3]
Haw. Rev. Stat. § 444-33 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-33
Waiver of rights.
Status: in_force

The failure of an injured person to comply with all of the provisions of this chapter relating to the contractors recovery fund shall constitute a waiver of any right hereunder.
Haw. Rev. Stat. § 453-8.7 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8.7
Reporting requirements.
Status: in_force

(a) Every physician or osteopathic physician licensed pursuant to this chapter who does not possess professional liability insurance shall report any settlement or arbitration award of a claim or action for damages for death or personal injury caused by negligence, error, or omission in practice, or the unauthorized rendering of professional services. The report shall be submitted to the department of commerce and consumer affairs within thirty days after any written settlement agreement has been reduced to writing and signed by all the parties thereto or thirty days after service of the arbitration award on the parties.

(b) Failure of a physician or osteopathic physician to comply with the provisions of this section is an offense punishable by a fine of not less than $100 for the first offense, $250 to $500 for the second offense, and $500 to $1,000 for subsequent offenses.

(c) The clerks of the respective courts of this State shall report to the department any judgment or other determination of the court, which adjudges or finds that a physician or osteopathic physician is liable criminally or civilly for any death or personal injury caused by the physician's or osteopathic physician's professional negligence, error, or omission in the practice of the physician's or osteopathic physician's profession, or rendering of unauthorized professional services. The report shall be submitted to the department within ten days after the judgment is entered by the court.

(d) The department shall prescribe forms for the submission of reports required by this section. [L 1982, c 227, pt of §1; am L 1983, c 92, §1(8); am L 1984, c 168, §12; am L 2008, c 5, §14]
Haw. Rev. Stat. § 453D-12 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-12
Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of, licenses.
Status: in_force

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

(1) Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

(2) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;

(3) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, cocaine, or other drugs or derivatives of a similar nature;

(4) Practicing the licensed profession while impaired by alcohol, drugs, physical disability, or mental instability;

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

(6) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license;

(7) Professional misconduct, incompetence, gross negligence, or manifest incapacity, in the practice of the licensed profession;

(8) Engaging in conduct or practice contrary to recognized standards of ethics for the licensed profession;

(9) Violating any condition or limitation upon which a conditional or temporary license was issued;

(10) Engaging in business under a past or present license issued pursuant to the licensing laws, in a manner causing injury to one or more members of the public;

(11) Failing to comply with, observe, or adhere to any law in a manner such that the director deems the applicant or holder to be an unfit or improper person to hold a license;

(12) Having had a license revoked or suspended, or having been the subject of other disciplinary action, by another state or a federal agency for any reason provided by the licensing laws or this section;

(13) Having been convicted of a crime, whether by nolo contendere or otherwise, directly related to the qualifications, functions, or duties of the licensed profession;

(14) Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;

(15) Employing, utilizing, or attempting to employ or utilize, at any time, any person not licensed under the licensing laws where licensure is required; or

(16) Violating this chapter, chapter 436B, or any rule or order of the director.

(b) Any licensee or applicant who violates this section may also be fined not more than $1,000 per violation. [L 2004, c 209, pt of §2; am L 2005, c 22, §31; am L 2008, c 206, §1]
Haw. Rev. Stat. § 437-56 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-56
Reimbursement for parts.
Status: in_force

(a) In no event shall any manufacturer or distributor pay its dealers a markup on parts for warranty work that is less than that charged by the dealer to the retail customers of the dealer; provided that such dealer's retail parts markup is not unreasonable when compared with that of same line make authorized franchise dealers of the manufacturer or distributor for identical merchandise or services in the State.

(b) The retail markup charged by the dealer shall be established by submitting to the manufacturer or distributor a sufficient quantity of numerically consecutive repair orders from the most recent months to provide one hundred qualifying customer-paid repair orders. For a dealer unable to provide one hundred qualifying customer-paid repair orders out of all numerically consecutive repair orders within the two-month period prior to the submission, the dealer shall submit customer service repair orders of all types, including customer pay, warranty, and internal, for that two-month period. The repair orders shall contain the price and percentage markup. Dealers shall declare in their submission the average markup the dealer is declaring as its new parts reimbursement rate. The declared parts reimbursement markup shall take effect within ninety days after initial submission to the manufacturer or distributor and shall be presumed to be fair and reasonable. However, the manufacturer or distributor may make reasonable requests for additional information supporting the submission. The ninety-day time frame in which the manufacturer or distributor shall make the declared parts reimbursement markup effective shall commence following receipt from the dealer of any reasonably requested supporting information. The dealer shall not request a change in the parts reimbursement markup more than once every twelve months.

(c) In determining qualifying repair orders for parts, the following work shall not be included: repairs for manufacturer or distributor special events; repairs covered by any insurance or service contract; federal, state, or local government legislated vehicle emission or safety inspections; parts sold at wholesale or repairs performed at wholesale, which shall include any sale or service to a fleet of vehicles; engine assemblies and transmission assemblies; routine maintenance not covered under any retail customer warranty, such as fluids, filters, and belts not provided in the course of repairs; nuts, bolts, fasteners, and similar items that do not have an individual part number; tires; and vehicle reconditioning.

(d) Dealers shall have at least thirty days after the repair work is completed to submit a claim for approval. All claims made by the dealers for compensation for delivery, preparation, and warranty work shall be approved or disapproved and if approved, paid within forty-five days after receipt by a manufacturer or distributor of a properly completed claim. All sale incentive claims shall be approved or disapproved and if approved, paid within sixty days after receipt by a manufacturer or distributor of a properly completed claim. When any claim is disapproved, the dealer shall be notified in writing of the grounds for disapproval. Failure to disapprove a claim within the required time frame constitutes approval of the claim.

(e) A manufacturer or distributor may not recover, or attempt to recover, from dealers its cost for reimbursing a dealer for warranty work as required by this section.

(f) For the purposes of this section, the director of commerce and consumer affairs shall:

(1) Conduct a review of the costs of the repairs of motor vehicles, including the prices charged by dealers for performing repairs under warranty and repairs not under warranty; and

(2) Compare such costs to repairs performed by non-dealers. [L 2010, c 164, pt of §2; am L 2012, c 246, §2]
Haw. Rev. Stat. § 464-16 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-16
REPEALED.
Status: in_force

L 1992, c 202, §233.
Haw. Rev. Stat. § 464-11 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-11
Contents of certificates; use of seal mandatory when.
Status: in_force

Each certificate of licensure issued hereunder shall bear the date of the original license and shall specify whether the person to whom it is issued is authorized by the board to practice professional engineering, architecture, land surveying or landscape architecture.

In the case of a certificate issued to a person authorizing the person to practice professional engineering, the certificate shall furthermore indicate the major branch or branches of engineering in which the person has especially qualified.

Every licensee may use a seal or rubber stamp of the design authorized by the board bearing the licensee's name and the words "licensed professional engineer", "licensed architect", "licensed land surveyor", or "licensed landscape architect", or otherwise as may be authorized by the board.

All plans, specifications, maps, and reports prepared by or under the supervision of a licensed engineer, architect, surveyor, or landscape architect shall be stamped with such seal or stamp when filed with public officials. It shall be unlawful for anyone to seal or stamp any document with such seal or stamp after the license has expired or has been revoked or suspended unless such license has been renewed or reissued.

No official of the State nor of any political subdivision thereof, charged with the enforcement of laws or ordinances relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect or with the seal of a licensed engineer who has qualified in the structural engineering branch, unless the building or structure, for which the plans or specifications are submitted is exempted from this chapter, and no map or survey shall be filed in the land court unless stamped with the seal of a licensed land surveyor. [L 1923, c 227, §6; RL 1925, §3688; am L 1931, c 165, §4; am L 1933, c 134, §2; RL 1935, §7039; RL 1945, §7611; RL 1955, §166-11; HRS §464-11; am L 1970, c 85, §§1, 6; am L 1983, c 155, §7; gen ch 1985; am L 1989, c 210, §13]
Haw. Rev. Stat. § 441-21 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-21
No cemetery or pre-need funeral authority license issued when.
Status: in_force

No cemetery or pre-need funeral authority license shall be issued:

(1) To any person unless the person has filed an application therefor;

(2) To any person who does not possess financial integrity;

(3) To any person unless it is a religious institution, corporation, county, or any association which has a perpetual existence;

(4) To any person unless the person files with the director a bond as required by section 441-22;

(5) To any person failing to establish and maintain pre-need trusts and perpetual care funds as required by this chapter;

(6) To any person failing to file with the director a copy of the documentation as required by either section 441-37(a) and (b) or section 441-37(a) and (c);

(7) To any person failing to file with the director a copy of contract form as required by section 441-32.5. [L 1967, c 199, pt of §1; HRS §441-21; am L 1969, c 242, §4; am L 1975, c 21, §6; am L 1981, c 221, §6; am L 1982, c 66, §3; am L 1985, c 101, §3]
Haw. Rev. Stat. § 449-5.5 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-5.5
Net capital.
Status: in_force

The net capital of any corporation engaging in the escrow depository business under this chapter shall not be less than $100,000. The amount of the minimum net capital of $100,000 shall be maintained at all times by the licensee.
Haw. Rev. Stat. § 440E-7 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-7
Permit required to hold each mixed martial arts event.
Status: in_force

(a) No mixed martial arts event shall be held unless the director issues a permit for the event. To obtain a permit to conduct, hold, or give a mixed martial arts event, a promoter shall:

(1) Provide proof of medical insurance for mixed martial arts contestants in accordance with rules adopted by the director. All promoters shall be responsible for paying the medical insurance policy premiums and any deductible or copay amount of the medical insurance policy;

(2) Submit all contracts with managers, mixed martial arts contestants, and venues, including any agreement of pre-contest training funds advanced to any contestant either by the promoter or manager or any party of interest, to the director for the director's review and approval;

(3) Submit to the director, for the director's review and approval, all ring records of all mixed martial arts contestants scheduled to participate in the event;

(4) Provide cash or cashier's or certified checks made payable to each mixed martial arts contestant for the amount due the contestant or the contestant's manager, as the case may be, in accordance with the contracts approved by the director;

(5) Provide to the director written confirmation that an ambulance with paramedics and appropriate security have been obtained and will be present at all times at the venue of the mixed martial arts event;

(6) Provide evidence to the director that security personnel and resources will be present in sufficient number and force to exercise crowd control and to protect spectators at the mixed martial arts event;

(7) Provide to the director evidence that the mixed martial arts event will be conducted in compliance with municipal fire codes; and

(8) Maintain sanitary conditions at the site of the mixed martial arts event.

(b) Failure, refusal, or neglect of any licensed promoter to comply with this section shall result in the automatic denial of a permit to hold the mixed martial arts event.

(c) Licensed promoters may engage in promotions with other licensed promoters as long as each promoter holds a valid, unexpired license and has received the written approval of the director prior to the promotion.

(d) In addition to the payment of other fees and moneys due under this chapter, a licensed promoter shall pay:

(1) An event fee of two per cent of the total gross receipts from admission fees to an event, exclusive of federal, state, and local taxes; and

(2) The lesser of $50,000 or two per cent of the gross receipts from fees charged for viewing a simultaneous or pay per view telecast of a contest or event, exclusive of federal, state, and local taxes.

Payments under this subsection shall be deposited into a separate account in the compliance resolution fund and shall be used to cover the costs of administering this chapter.

(e) Within seven calendar days following a mixed martial arts contest, the promoter shall provide the director with an unedited video record of the contest in a format prescribed by the director.

(f) No mixed martial arts event shall be commenced without a permit from the director pursuant to this section. [L 2007, c 279, pt of §1; am L 2008, c 238, §1; am L 2010, c 117, §4; am L 2021, c 113, §1]
Haw. Rev. Stat. § 437-4.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-4.5
Vehicle bumper impact notice.
Status: in_force

(a) Every manufacturer or distributor of new passenger vehicles for sale in this State shall affix to a window or the windshield of the vehicle a notice with either of the following statements, whichever is appropriate:

(1) "THIS VEHICLE IS EQUIPPED WITH A BUMPER SYSTEM THAT CONFORMS TO THE CURRENT FEDERAL BUMPER STANDARD OF MILES PER HOUR, AND CAN WITHSTAND AN IMPACT SPEED SPECIFIED BY FEDERAL TEST PROCEDURES WITH NO DAMAGE TO THE VEHICLE'S BODY AND SAFETY SYSTEMS. ALTHOUGH THE BUMPER AND ATTACHMENT HARDWARE MAY SUSTAIN DAMAGE, THE EXTENT OF THE DAMAGE MAY VARY."

(2) "THIS VEHICLE IS EQUIPPED WITH A BUMPER SYSTEM THAT EXCEEDS CURRENT FEDERAL BUMPER STANDARDS, AND CAN WITHSTAND A FRONTAL IMPACT SPEED OF MILES PER HOUR AND A REAR IMPACT SPEED OF MILES PER HOUR, AS SPECIFIED BY FEDERAL TEST PROCEDURES, WITH NO DAMAGE TO THE VEHICLE'S BODY AND SAFETY SYSTEMS. THE BUMPER AND ATTACHMENT HARDWARE MAY SUSTAIN MINOR DAMAGE, WHICH CAN BE REPAIRED WITH THE USE OF COMMON REPAIR MATERIALS AND WITHOUT REPLACING ANY PARTS."

(b) The notice required by this section shall be printed legibly in English in bold typeface print and may be included in any notice or label required by federal law to be affixed to a window or windshield of the vehicle. [L 1992, c 109, §1]
Haw. Rev. Stat. § 444-7 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-7
Classification.
Status: in_force

(a) For the purpose of classification, the contracting business includes any or all of the following branches:

(1) General engineering contracting;

(2) General building contracting;

(3) Specialty contracting.

(b) A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land levelling and earth-moving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.

(c) A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.

(d) A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill such as, but not limited to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying by any installation method, plumbing, or roofing work, and others whose principal contracting business involves the use of specialized building trades or crafts. [L 1957, c 305, §1(s 6); Supp, §166A-6; HRS §444-7; am L 1989, c 162, §1]
Haw. Rev. Stat. § 453-5.4 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-5.4
Physician assistant advisory committee.
Status: in_force

There shall be a physician assistant advisory committee under the Hawaii medical board consisting solely of persons licensed under section 453-5.3. The committee shall review all complaints and requests relating to physician assistants, and review and recommend revisions of the physician assistant regulations.

The chairperson of the committee shall be the representative for the committee members to the Hawaii medical board for the purpose of providing input to the board from the physician assistant's perspective on issues and concerns, including complaints and requests, regarding physician assistants. The chairperson shall not be a member of the Hawaii medical board to avoid conflict of interests. [L 1993, c 183, §3; am L 1999, c 90, §4; am L 2008, c 9, §3]
Haw. Rev. Stat. § 440E-19 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-19
Sham mixed martial arts contest; forfeiture of license.
Status: in_force

Any promoter who conducts, holds, gives, or participates in any sham or fake mixed martial arts contest, knowing the same to be a sham or fake, shall forfeit the license issued in accordance with this chapter, and the license shall be automatically terminated by the director. The promoter and any officers, partners, or members of the promoter shall not thereafter be entitled to receive and shall not be given another license.
Haw. Rev. Stat. § 448-5 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-5
Board of dentistry; appointment.
Status: in_force

The board of dentistry shall consist of twelve members, eight of whom shall be practicing dentists who have been engaged in the practice of dentistry for a period of five years preceding their several appointments, two of whom shall be practicing dental hygienists, duly licensed under section 447-1, who have been engaged in the practice of dental hygiene in the State for a period of five years preceding appointment, and two of whom shall be public members. No member shall be in any way connected with, or interested financially in, any dental supply company. One member in the practice of dentistry shall be appointed from each of the counties of Hawaii, Maui, and Kauai and five members in the practice of dentistry shall be appointed from the city and county of Honolulu. As used in this chapter, "board" means the board of dentistry.
Haw. Rev. Stat. § 437D-5.5 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-5.5
Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers.
Status: in_force

(a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by lessors or limited line motor vehicle rental company producers.

(b) For purposes of this chapter, collision insurance means coverage to pay a specified amount to or on behalf of the lessee for claims by the lessor relating to loss of or damage to the rented vehicle. The definitions of collision insurance and damage waiver stated in this chapter shall apply only to this chapter. No definition of insurance in this chapter or in any other statute shall be deemed to include damage waiver as defined in this chapter. [L 2002, c 235, §2; am L 2009, c 148, §4]
Haw. Rev. Stat. § 445-133 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-133
§§445-133 and 445-134 REPEALED.
Status: repealed

§§445-133 and 445-134 REPEALED. L 1992, c 192, §6.
Haw. Rev. Stat. § 437-6 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-6
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, amend, and repeal from time to time rules not inconsistent with this chapter, as the board deems appropriate for the carrying out of the provisions and purposes of this chapter and for the efficient administration thereof, and the proper conduct of the business that is subject to this chapter, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of, or as prescribed by the board, which rules, when adopted under chapter 91, shall have the effect of law;

(2) Grant, deny, suspend, or revoke licenses that are authorized by this chapter, fine licensees, and impose conditions as may be set forth in the rules of the board in connection with the granting of licenses;

(3) Prescribe the nature of the proof to be furnished, the notices to be given, and the conditions to be met or observed for the issuance of a duplicate license in place of one alleged to have been lost or destroyed, including a requirement for any indemnity deemed appropriate to the case;

(4) Prescribe all forms to be used for the purposes of this chapter not otherwise provided for;

(5) Establish, by rules, minimum qualifications which shall be met by applicants prior to the issuance of any license; and

(6) The exercise by the board of power, authority, and discretion in it so vested shall be final in each case and shall not be reviewable by or appealable to any court or tribunal, except as otherwise provided in chapter 91 or in this chapter. [L 1939, c 258, §10; RL 1945, §7364; am L 1951, c 90, pt of §1; RL 1955, §160-163; am L 1957, c 302, §1(4); am L 1963, c 199, §1e; am L 1964, c 36, §2b; HRS §437-6; am L 1969, c 263, §1(7), (22); am L 1970, c 82, §1(1); am L 1973, c 31, §18 and pt of §21; gen ch 1985; am L 1986, c 154, §1; am L 1992, c 202, §27; am L 2003, c 126, §5]
Haw. Rev. Stat. § 445-13 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-13
License inspectors.
Status: in_force

The deputy sheriff of Kalawao, any police officer, or any authorized representative of the county director of finance duly authorized by a chief of police shall be ex officio license inspectors of the counties for which they are appointed or authorized, and as such, they shall from time to time report to the county director of finance the names of all persons within the county who are liable for the payment of license fees.
Haw. Rev. Stat. § 457-8 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-8
Licensed practical nurse; qualifications; license; fees; title; existing licensed nurses; verification of licenses; eligibility.
Status: in_force

(a) An applicant for a license to practice nursing as a licensed practical nurse shall submit:

(1) An application on a form prescribed by the board;

(2) Beginning with the July 1, 2017, licensing biennium, a full set of electronic fingerprints for the purpose of obtaining federal and state criminal history record checks in accordance with section 846-2.7 directly to the Hawaii criminal justice data center for processing with the Federal Bureau of Investigation. The applicant shall bear the cost of the fingerprint processing and the application shall not be considered complete until the results of the criminal history record check have been received by the board; and

(3) Written evidence that the applicant has completed a licensed practical nurse program, or its equivalent, approved by the board, and holds a diploma or certificate therefrom.

(b) Licenses shall be granted either by:

(1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a licensed practical nurse; or

(2) Endorsement: The board may issue a license to practice nursing as a licensed practical nurse by endorsement to any applicant who has been licensed as a licensed practical nurse, or a person entitled to perform similar services under a different title, under the laws of another state, territory, or foreign country if the applicant has an unencumbered license and, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this State at the time of graduation.

(c) The applicant applying for a license to practice as a licensed practical nurse by examination shall pay application, examination, and reexamination fees, if applicable, as prescribed by the board. Each applicant who successfully passes the examination shall pay a license fee. The applicant applying for a license to practice as a licensed practical nurse by endorsement shall pay application and license fees.

(d) Applicants who have graduated from a practical nursing program at an educational institution in a foreign jurisdiction and are applying for a license to practice as a licensed practical nurse by examination shall submit to the board proof of eligibility. Applicants shall be eligible to apply for a license by examination if they have met the educational requirements prescribed in the rules of the board and have had their transcripts evaluated by professional evaluators designated by the board and are considered qualified as determined by the board through rules adopted pursuant to chapter 91.

(e) Any person who holds a license to practice nursing as a licensed practical nurse in this State shall have the right to use the title "Licensed Practical Nurse" and the abbreviation "L.P.N.". No other person shall assume the title "nurse" or in any manner imply that the person is a nurse except as provided in sections 457-7 and 457-8.5 or use the abbreviation "L.P.N." or any other words, letters, signs, or devices to indicate that the person using the same is a licensed practical nurse.

(f) Any person who requests verification of a practical nurse license to a nursing board of another state shall pay a license verification fee.

(g) Unless determined to be insufficient or otherwise invalid by the board, all transcripts, diplomas, certificates of graduation, and other credentials submitted by any applicant in compliance with the application procedures for examination and licensure under this section shall be retained by the board for two years and shall suffice as proof of graduation upon subsequent submittals of applications for reexamination within two years by any applicant. [L 1970, c 71, pt of §1; am L 1972, c 43, §2; am L 1974, c 25, §2; am L 1983, c 119, §6; am L 1984, c 7, §§44 to 46; am L 1990, c 105, §3; am L 1992, c 202, §109; am L 1995, c 88, §3; am L 1996, c 150, §3; am L 1997, c 39, §3 and c 40, §14; am L 2004, c 88, §3; am L 2016, c 97, §4; am L 2022, c 203, §3; am L 2024, c 95, §3]
Haw. Rev. Stat. § 457-5.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-5.5
Nursys; verification of nurse license.
Status: in_force

Notwithstanding any other law to the contrary, the board of nursing may fully participate in Nursys by sharing licensure and discipline data with Nursys. By applying for nurse licensure, individuals shall consent to allowing the board to share their licensure and discipline data with Nursys.
Haw. Rev. Stat. § 467B-5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-5
Records to be kept.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §10. ] (a) Every charitable organization, professional fundraising counsel, professional solicitor, and commercial co-venturer subject to this chapter shall keep true and accurate records as to its activities in a form that will accurately provide support for the information required by this chapter. Upon demand, the records shall be made available to the attorney general for inspection. Except as provided in subsection (b), records shall be retained for a period of not less than three years.

(b) If a professional solicitor sells tickets to an event and represents that tickets will be donated for use by another, the professional solicitor, for not less than three years after the completion of such event, shall maintain the following records, which shall be available for inspection upon demand by the attorney general:

(1) The number of tickets purchased and donated by each contributor; and

(2) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. [L 1969, c 167, pt of §1; am L 1971, c 162, §3; am L 1990, c 129, §4; am L 1993, c 206, §5; am L 2004, c 93, §5; am L 2013, c 61, §4]

§467B-5 Records to be kept. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §10. ] (a) Every charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, and platform charity subject to this chapter shall keep true and accurate records as to its activities in a form that will accurately provide support for the information required by this chapter. Upon demand, the records shall be made available to the attorney general for inspection. Except as provided in subsection (b), records shall be retained for a period of not less than three years.

(b) If a professional solicitor, charitable fundraising platform, or platform charity sells tickets to an event and represents that tickets will be donated for use by another, the professional solicitor, charitable fundraising platform, or platform charity, for not less than three years after the completion of such event, shall maintain the following records, which shall be available for inspection upon demand by the attorney general:

(1) The number of tickets purchased and donated by each contributor; and

(2) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. [L 1969, c 167, pt of §1; am L 1971, c 162, §3; am L 1990, c 129, §4; am L 1993, c 206, §5; am L 2004, c 93, §5; am L 2013, c 61, §4; am L 2024, c 205, §5]