Haw. Rev. Stat. § 471-9 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-9
Licenses.
Status: in_force

(a) Except as otherwise provided in this chapter, the Hawaii board of veterinary medicine shall issue a license to engage in the practice of veterinary medicine to all persons meeting the requirements of this chapter upon payment of a license fee.

(b) All licenses issued by the board shall expire on June30 of each even-numbered year next following the date of issuance. Failure to renew the license on or before June 30 of each even-numbered year shall automatically constitute a forfeiture of the license; provided that the license shall be restored upon the submission of a written application, a renewal fee, a penalty fee, and proof of completing the applicable continuing education credits to the board.

(c) Prior to the June 30, 2016, payment deadline for license renewal, and prior to every license renewal thereafter, a licensee shall:

(1) Pay all required fees; and

(2) Complete at least twenty credit hours of continuing education within the two-year period preceding the renewal date.

(d) A licensee who has graduated from an accredited veterinary school within one year of the licensee's first license renewal shall not be subject to the continuing education requirement for the first license renewal.

(e) Each licensee shall be responsible for maintaining the licensee's continuing education records. At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section. The board may require a licensee to submit, in addition to the certification, evidence satisfactory to the board that demonstrates compliance with the continuing education requirement of this section.

(f) The board may conduct random audits of licensees to determine compliance with the continuing education requirement. The board shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirement established by this section.

(g) Notwithstanding any other provision, no license shall expire while the licensee is serving on active duty in the armed forces of the United States during any emergency declared by the President or Congress and six months after the termination thereof. [L 1949, c 280, pt of §1; RL 1955, §73-9; am L 1961, c 142, §9(b); HRS §471-9; am L 1975, c 118, §34; am L 1984, c 7, §77; am L 2012, c 306, §3; am L 2018, c 203, §8]
Haw. Rev. Stat. § 449-10 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-10
Suit on bond.
Status: in_force

The commissioner, or any person claiming to have sustained damage by reason of the failure of the escrow depository to comply with its bond, may bring an action on the bond to recover the damage therefrom. The commissioner may deposit with a court of competent jurisdiction all or any part of the sum of the bond.
Haw. Rev. Stat. § 457B-3.3 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-3.3
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, §17]
Haw. Rev. Stat. § 463-7 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-7
Guard and guard agencies; license required.
Status: in_force

(a) No individual shall engage in the business of guard for the purpose of protecting persons or property or to prevent theft or unlawful taking of goods, wares, merchandise, money, bonds, documents, or other articles of value for hire or reward or represent oneself to be, or hold oneself out as such without first obtaining a license as guard from the board and paying the application and license fees.

(b) No firm shall engage in the business of guard for the purpose of protecting persons or property or to prevent theft or unlawful taking of goods, wares, merchandise, money, bonds, documents, or other articles of value for hire or reward or represent itself to be, hold itself out as, list itself as, or advertise as a guard agency without first obtaining a license as a guard agency from the board and paying the application and license fees. A guard agency shall have in its employ at least one principal guard who shall be fully responsible for the direct management and control of the guard agency and the agency's employees when guard services are being provided. [L 1961, c 77, pt of §1; Supp, §165A-7; HRS §463-7; am L 1983, c 40, §4; am L 1984, c 7, §69; am L 1994, c 122, §4; am L 2004, c 94, §6; am L 2006, c 13, §2]
Haw. Rev. Stat. § 454F-2.5 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-2.5
Exempt sponsoring mortgage loan originator company; registration.
Status: in_force

Any person exempt from the licensing provisions of this chapter may register with NMLS for the purpose of sponsoring a mortgage loan originator required to be licensed by this chapter.
Haw. Rev. Stat. § 456-1 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-1
Commission; renewal.
Status: in_force

(a) The attorney general may, in the attorney general's discretion, commission the number of notaries public for the State that the attorney general deems necessary for the public good and convenience. The term of commission of a notary public shall be four years from the date of the notary public's commission, unless sooner removed by the attorney general for cause after the opportunity for hearing; provided that after the opportunity for hearing, the commission of a notary public may be revoked or the notary public may be otherwise disciplined by the attorney general in any case where any change occurs in the notary public's commission, occupation, residence, or employment that, in the attorney general's judgment, renders the holding of the commission by the notary public no longer necessary for the public good and convenience. Each notary public shall, upon any change in the notary public's commission, occupation, residence, or employment, forthwith report the change to the attorney general.

(b) Each notary public shall be responsible for renewing the notary public's commission on a timely basis and satisfying the renewal requirements provided by law. The failure to renew a commission in a timely manner shall cause the commission to be forfeited; provided that a forfeited commission may be restored by the attorney general within one year after the date of forfeiture upon compliance with the commission renewal requirements provided by law and upon written application and payment of all applicable fees. [CC 1859, §1266; am L 1887, c 11, §1; RL 1925, §3174; am L 1929, c 3, §1; RL 1935, §5200; am L 1941, c 322, §1; am L 1943, c 173, pt of §1; RL 1945, §7661; am L 1953, c 30, §1; RL 1955, §168-1; am L 1959, c 4, §1; HRS §456-1; am L 1978, c 122, §1; gen ch 1985; am L 1998, c 290, §2; am L 2020, c 54, §3]
Haw. Rev. Stat. § 461-17 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-17
Penalties.
Status: in_force

Any person violating this chapter or the rules duly prescribed by the board of pharmacy shall be fined not more than $500, or imprisoned not more than six months, or both.
Haw. Rev. Stat. § 471-9.6 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-9.6
[ §471-9.
Status: in_force

[ §471-9.6] Relief permit. (a) The board may issue a relief permit to an individual licensed to engage in the practice of veterinary medicine in another jurisdiction to conduct the practice of a veterinarian who is absent from the veterinarian's practice. A relief permit issued pursuant to this section shall be valid for a period of thirty days and may be renewed once in any twelve-month period; provided that any relief permit issued and renewed pursuant to this section shall not exceed sixty total days in any twelve-month period. A relief permit may be renewed in a subsequent twelve-month period. More than two requests for relief permits within a two-year period shall be prima facie evidence that the relief permittee is engaged in the active practice of veterinary medicine in the State and a license issued under section 471-9 shall be required.

(b) Applicants for a relief permit shall:

(1) Hold a current, unencumbered, and active license to engage in the practice of veterinary medicine in another jurisdiction;

(2) Incidental to the person's practice in another jurisdiction, desire to engage in the practice of veterinary medicine in the State on a temporary, not permanent or recurring, basis; and

(3) Have a sponsor; provided that the sponsor shall not be required to be physically present on the same island.

(c) A relief permittee shall:

(1) Consent to the personal and subject matter jurisdiction and disciplinary authority of the board;

(2) Not practice independently of the sponsor within the State;

(3) Comply with this chapter and rules adopted by the board;

(4) Cease to offer or render veterinary services in the State as an individual and on behalf of the sponsor if:

(A) The relief permittee's license or practice from the other jurisdiction is no longer current and active; or

(B) The relief permittee's license or practice has been limited or conditioned in any jurisdiction, including the relief permittee's principal place of business;

(5) Notify the board within fifteen days if:

(A) Any disciplinary action or board proceeding relating to the relief permittee's license is commenced in any jurisdiction; or

(B) The relief permittee is convicted of any criminal offense in any jurisdiction or foreign country; and

(6) Pay all costs associated with any jurisdiction's investigation, enforcement, and collection efforts pertaining to the relief permit issued pursuant to this section, as may be ordered by the board.

(d) In no case shall an individual be issued a relief permit and a courtesy permit in the same twelve-month period. [L 2022, c 71, pt of §1]
Haw. Rev. Stat. § 442-7 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-7
Application, scheduling, administration, scoring, and place of examination.
Status: in_force

The application requirements and candidate qualifications to take the National Board of Chiropractic Examiners examinations specified in section 442-6, and the scheduling, administration, reexamination, scoring, and place of the examinations required for licensure shall be in accordance with the policies and requirements of the National Board of Chiropractic Examiners, unless otherwise determined and modified by the board. The qualifications for licensure in this State shall be as established in this chapter and chapter 436B and in rules adopted by the board.
Haw. Rev. Stat. § 463E-4 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-4
Examinations.
Status: in_force

(a) The board shall require each applicant to furnish satisfactory evidence that the applicant has passed written examinations covering basic sciences, clinical sciences, and clinical competency as administered by the National Board of Podiatric Medical Examiners or its successor organization.

(b) The examinations shall be held in Honolulu twice a year at a time and day which is convenient for the board.

(c) The examinations shall be secured from and corrected by the National Board of Podiatric Medical Examiners or its successor organization. [L 1973, c 80, pt of §1; am L 1985, c 125, §3; am L 1986, c 273, §2; am L 1988, c 111, §2; am L 1993, c 182, §3]
Haw. Rev. Stat. § 448E-3 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-3
REPEALED.
Status: in_force

L 1992, c 202, §203.
Haw. Rev. Stat. § 436B-11 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-11
Additional licensure requirements.
Status: in_force

In addition to any other requirements provided by law, the licensing authority may also require by rule that the applicant provide the following:

(1) In the case of a partnership applicant, each general partner shall attest that each partner is beyond the age of majority;

(2) Proof that the applicant is competent, trustworthy, fair, and has financial integrity; and

(3) Proof that the applicant has satisfied all applicable business registration requirements prior to applying for licensure. [L 1991, c 111, pt of §2; am L 1992, c 202, §13; am L 1995, c 35, §3]
Haw. Rev. Stat. § 468L-22 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-22
Charter tour operator financial performance requirements.
Status: in_force

(a) The department shall not approve the initial registration or the renewal of registration of a travel agency that wishes to engage in the business of a charter tour operator and to operate not more than six charter tours during any twelve-month period of the registration period, or during the remainder of the registration period if less than twelve months, for which application is made unless the applicant provides proof that the applicant has obtained a bond, letter of credit, or other security in compliance with title 14, Code of Federal Regulations, section 380.34, as the same may be amended, or any successor or replacement federal statute or regulation thereto.

(b) The department shall not approve the initial registration or the renewal of registration of a travel agency that wishes to engage in the business of a charter tour operator and to operate seven or more charter tours during any twelve months or shorter period of the registration period for which application is made unless the applicant either:

(1) Posts a performance or financial guaranty-type bond naming the director as the obligee that may be canceled only if the charter tour operator gives ninety days' prior written notice to the surety and the surety gives sixty days' prior written notice to the director of cancellation of the bond; or

(2) Obtains an irrevocable letter of credit that is a guarantee of payment for a term of one year naming the director as beneficiary, with a provision for automatic extension for additional annual periods, and that may be canceled only if the charter tour operator gives prior written notice by certified mail to the director and to the issuer at least ninety days before the letter's expiration date or the date on which the charter tour operator intends the letter to cease being effective, or the issuer gives prior written notice by certified mail to the director at least sixty days before the expiration date.

(c) The bond or letter of credit shall be issued by a surety or federally-insured lending institution authorized to do business in the State to indemnify any consumer who may suffer loss as a result of nonperformance by a charter tour operator.

(d) A charter tour operator shall not provide the required coverage through multiple bonds or irrevocable letters of credit but shall provide either a single bond or a single irrevocable letter of credit. A charter tour operator may substitute the bond with an irrevocable letter of credit and vice versa pursuant to subsection (h), but shall not provide one in addition to the other to reach the required aggregate amount of coverage.

(e) Upon cancellation or expiration of the bond or letter of credit, the surety or insurer shall remain liable for any claims against the bond or letter of credit for a period of six months; provided that:

(1) The debts were incurred while the bond or letter of credit was in effect; and

(2) The director notifies the surety or insurer, as the case may be, of any claims within ninety days of discovery of any claims.

(f) The surety or insurer shall not be required to release any moneys or collateral to the charter tour operator during the six months after cancellation of the bond or expiration of the letter of credit.

(g) The amount of coverage of the bond or irrevocable letter of credit shall be:

(1) Equal to $300,000, less the amount of any security provided by the applicant under title 14, Code of Federal Regulations, section 380.34, as the same may be amended, or any successor or replacement federal statute or regulation thereto, for a travel agency planning to engage in the business of a charter tour operator and to operate seven to fifteen charter tours during any twelve months or shorter period of the registration period for which application is made; or

(2) Equal to $1,000,000, less the amount of any security provided by the applicant under title 14, Code of Federal Regulations, section 380.34, as the same may be amended, or any successor or replacement federal statute or regulation thereto, for a travel agency planning to engage in the business of a charter tour operator and to operate more than fifteen charter tours during any twelve months or shorter period of the registration period for which application is made.

(h) A bond shall be accepted as replacement for another bond or an irrevocable letter of credit and an irrevocable letter of credit shall be accepted as replacement for another irrevocable letter of credit or a bond if:

(1) The effective date of a replacement bond is prior to or on the cancellation date of the bond being replaced or the expiration date of the irrevocable letter of credit being replaced, as the case may be, and the replacement bond is received by the director before the cancellation date or the expiration date, as the case may be; or

(2) The replacement irrevocable letter of credit is received by the director at least fifteen days prior to the expiration date of the irrevocable letter of credit being replaced or is received by the director on or before the cancellation date of the bond being replaced, as the case may be.

(i) A charter tour operator shall not operate more than six charter tours during any twelve-month period unless the charter tour operator has provided and maintains in effect a bond or letter of credit in accordance with subsection (b), in the amount specified in subsection (g)(1), if the charter tour operator operates between seven and fifteen charter tours, or in the amount specified in subsection (g)(2), if the charter tour operator operates more than fifteen charter tours. [L 1999, c 258, pt of §3]
Haw. Rev. Stat. § 463-8.5 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-8.5
Guards; concurrent employment.
Status: in_force

No person shall engage in the business of guard when the guard work is concurrent with other duties performed under the agreement of employment or when the guard work is not the principal fact of the employment without first obtaining a license as a guard.
Haw. Rev. Stat. § 463E-13 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-13
REPEALED.
Status: in_force

L 1992, c 202, §232.
Haw. Rev. Stat. § 436B-19.5 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-19.5
Suspension or denial of license for noncompliance with child support order.
Status: in_force

In addition to any other acts or conditions provided by law, the licensing authority shall refuse to renew, reinstate, or restore, or shall deny or suspend any license if the authority has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the licensing authority shall renew, reinstate, restore, or grant the license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. Sections 92-17, 436B-20, 436B-21, 436B-24, and 436B-25 shall not apply to a license suspension or denial pursuant to this section.
Haw. Rev. Stat. § 465-13 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-13
Denial, suspension, revocation of license, or probation of a license holder.
Status: in_force

(a) In addition to any other actions authorized by law, the board shall refuse to grant a license to any applicant and may revoke or suspend any license, or may place a license or may put a license holder on conditional probation, for any cause authorized by law, including but not limited to the following:

(1) Professional misconduct, gross carelessness, manifest incapacity, or incompetency in the practice of psychology;

(2) Violation of this chapter by the applicant within one year of the application, or violation of this chapter by a license holder any time the license is valid;

(3) Any unethical practice of psychology as defined by the board in accordance with its own rules;

(4) Fraud or deception in applying for or procuring a license to practice psychology as defined in section 465-1;

(5) Conviction of a crime substantially related to the qualifications, functions, or duties of psychologists;

(6) Wilful unauthorized communication of information received in professional confidence;

(7) The suspension, revocation, or imposition of probationary conditions by another state of a license or certificate to practice psychology issued by that state if the act for which the disciplinary action was taken constitutes a violation of this chapter;

(8) The commission of any dishonest, corrupt, or fraudulent act or any act of sexual abuse, or sexual relations with a client, or sexual misconduct that is substantially related to the qualifications, functions, or duties of a psychologist;

(9) Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient;

(10) Exercising undue influence in the manner as to exploit the client, patient, student, or supervisee for financial or other personal advantage to the practitioner or a third party;

(11) Conviction of fraud in filing medicaid claims or conviction of fraud in filing claims to any third party payor, for which a copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence;

(12) Aiding or abetting any unlicensed person to engage in the practice of psychology;

(13) Repeated acts of excessive treatment or use of diagnostic procedures as determined by the standard of the local community of licensees;

(14) Inability to practice psychology with reasonable skill and safety to patients or clients by reason of illness, inebriation, or excessive use of any substance, or as a result of any mental or physical condition;

(15) Conviction of any crime or offense that reflects the inability of the practitioner to practice psychology with due regard for the health and safety of clients or patients;

(16) Use of untruthful or deceptive or improbable statements concerning the licensee's qualifications or the effects or results of proposed treatment;

(17) Functioning outside of the licensee's professional competence established by education, training, and experience;

(18) Refusal to comply with any written order of the board;

(19) Making any fraudulent or untrue statement to the board, including a false certification of compliance with the continuing education requirement of section 465-11; or

(20) Violation of a board rule.

(b) The board at its discretion may order any licensee who is placed on probation or whose license is suspended to obtain additional training and to take an examination as prescribed by the board. [L 1967, c 290, pt of §1; HRS §465-13; am L 1974, c 205, §2(26); am L 1981, c 99, §2; am L 1983, c 95, §6 and c 136, §6; am L 1984, c 95, §10; am L 1985, c 115, §14; am L 1987, c 72, §5; am L 1992, c 202, §161; am L 1994, c 125, §5; am L 2014, c 187, §4]
Haw. Rev. Stat. § 464-7 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-7
Powers and duties of board; secretary; records.
Status: in_force

In addition to any other powers and duties authorized by law, the board may compel the attendance of witnesses upon subpoena, administer oaths, take testimony, and do all other things necessary and proper to carry out this chapter in all matters within its jurisdiction. It shall adopt and have an official seal and adopt, subject to chapter 91 and with the approval of the governor and the director of commerce and consumer affairs, rules for the performance of its duties and the carrying on of its business and the enforcement of this chapter, including, but not limited to, rules which define the branches of engineering in which licensure shall be offered, clarify the qualifications needed for licensure, and set forth practice requirements. It shall have a chairperson, a vice-chairperson, and a secretary, and a quorum shall consist of not less than six members.

The board shall keep a record of its proceedings and all applicants for licensure as engineers, architects, surveyors, or landscape architects, the date of application, name, educational and other qualifications, address, whether or not an examination was required, and whether or not the applicant was licensed and a certificate issued to the applicant and the date of the action. The records shall be prima facie evidence of all matters therein contained. [L 1923, c 227, §3; RL 1925, §3685; am L 1933, c 40, §1; RL 1935, §7036; RL 1945, §7608; am L 1949, c 306, §3; RL 1955, §166-7; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §24; am L 1963, c 114, §§1, 3; am L 1965, c 96, §106; am L 1967, c 9, §1; HRS §464-7; am L 1970, c 85, §1; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 155, §3; gen ch 1985; am L 1988, c 226, §4; am L 1989, c 210, §9; am L 1992, c 11, §1 and c 202, §154; am L 1997, c 8, §2]
Haw. Rev. Stat. § 454F-17 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-17
Prohibited practices.
Status: in_force

It shall be a violation of this chapter for a licensee or person subject to this chapter to:

(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;

(2) Engage in any unfair or deceptive practice related to mortgage loan origination activities toward any person;

(3) Obtain property by fraud or misrepresentation;

(4) Solicit or enter into any contract with a borrower or an applicant for a residential mortgage loan that provides in substance that the person or individual subject to this chapter may earn a fee or commission through "best efforts" to obtain a residential mortgage loan even though no loan is actually obtained for the borrower or applicant for a residential mortgage loan;

(5) Solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;

(6) Conduct any business covered by this chapter without holding a valid license as required under this chapter, or assist or aid and abet any person in the conduct of business under this chapter without a valid license as required under this chapter;

(7) Fail to make disclosures as required by this chapter and any other applicable state or federal law including rules or regulations adopted pursuant to state or federal law;

(8) Fail to comply with this chapter or any order or rule issued or adopted under the authority of this chapter, or fail to comply with any other state or federal law, including the rules and regulations adopted pursuant to state or federal law applicable to any business authorized or conducted pursuant to this chapter;

(9) Make, in any manner, any false or deceptive statement or representation, including with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan, or engage in bait and switch advertising;

(10) Negligently or knowingly make any false statement or provide any misleading information or knowingly and wilfully make any omission of material fact in connection with any information or reports filed with a governmental agency or NMLS, including an application for a license under this chapter, or in connection with any examination or investigation conducted by the commissioner or another government agency;

(11) Make any payment, threat, or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person in connection with a residential mortgage loan, or make any payment, threat, or promise, directly or indirectly, to any appraiser of a property for the purpose of influencing the independent judgment of the appraiser with respect to the value of a property;

(12) Cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer;

(13) Fail to truthfully account for moneys belonging to a party to a residential mortgage loan;

(14) Deliver a misleading or deceptive communication or advertisement, whether written, electronic, or oral, when marketing or soliciting a residential mortgage loan; provided that:

(A) A communication or advertisement that uses the name or trademark of a financial institution as defined in section 412:1-109 or its affiliates or subsidiaries, or infers that the communication or advertisement is from, endorsed by, is related to, or is the responsibility of the financial institution is a misleading or deceptive communication; and

(B) Advertising that a specific interest rate, points, or financial terms are available when the rates, points, or financial terms are not actually available is a misleading or deceptive communication;

(15) Fill in or complete any blank on a final residential mortgage loan application that requests material information including financial information without adequate supporting documentation provided by the borrower;

(16) Fill in or complete any blank on any mortgage or note evidencing or securing the residential mortgage loan which relates to the amount, interest rate, term, or monthly payment of the residential mortgage loan;

(17) Originate a residential mortgage loan based primarily on the current market value of the borrower's collateral rather than on the borrower's ability to repay the loan according to its terms; provided that the sale of the property is made to a bona fide buyer; and provided further that this paragraph shall not apply to a reverse mortgage as defined under title 12 C.F.R. section 1026.33;

(18) Advertise terms of a residential mortgage loan in violation of title 12 C.F.R. section 1026.16 or 1026.24; or

(19) Encourage a borrower to misrepresent, inflate, or fabricate the source or amount of a borrower's actual income or assets in the application or underwriting process for a residential mortgage loan. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §22; am L 2011, c 194, §12; am L 2013, c 168, §20; am L 2016, c 122, §15]
Haw. Rev. Stat. § 444-9 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-9
Licenses required.
Status: in_force

No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapter and the rules and regulations of the contractors license board.
Haw. Rev. Stat. § 456-22 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-22
[ §456-22] Authority to refuse to perform notarial act.
Status: in_force

[ §456-22] Authority to refuse to perform notarial act. (a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:

(1) The person executing the document is competent or has the capacity to execute the document;

(2) The person's signature is knowingly and voluntarily made; or

(3) The notary public has proof of the signer's signature and identity or, if the person is a remotely located individual, satisfactory evidence of the identity under section 456-23.

(b) A notary public may refuse to perform a notarial act unless the refusal is prohibited by any provision of law other than this chapter. [L 2020, c 54, pt of §2]
Haw. Rev. Stat. § 455-1.5 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-1.5
Exceptions; scope of chapter.
Status: in_force

Nothing in this chapter shall be construed to prohibit or restrict:

(1) The practice of a profession by individuals who are licensed, certified, or registered under the laws of this State who are performing services within their authorized scope of practice;

(2) The practice of naturopathic medicine by an individual employed by the government of the United States while the individual is engaged in the performance of duties required of the individual by the laws and regulations of the United States;

(3) The practice of naturopathic medicine by students enrolled in a school that meets the requirements of section 455-3. The performance of naturopathic medicine by students shall be pursuant to a course of instruction or assignments from an instructor and under the supervision of an instructor who is a naturopathic physician licensed pursuant to this chapter; and

(4) The practice by a doctor of naturopathic medicine duly registered or licensed in another state, territory, or the District of Columbia who is called into this State for consultation with a licensed naturopathic physician, including in-person, mail, electronic, telephonic, fiber-optic, or other telehealth consultation; provided that:

(A) The naturopathic physician from another state shall not open an office, appoint a place to meet patients, or receive calls within this State for the provision of care for a patient who is located in this State; and

(B) The licensed naturopathic physician of this State retains control and remains responsible for the provision of care for the patient who is located in this State. [L Sp 2009, c 22, pt of §1; am L 2014, c 159, §9]
Haw. Rev. Stat. § 463-15 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-15
Penalties.
Status: in_force

Any employee or former employee of a licensee who divulges any information gained by the employee or former employee in the course of such employment except as the employee's or former employee's employer directs or as required by law, or who wilfully makes a false report to the employee's or former employee's employer, shall be fined not more than $100 or imprisoned not more than six months, or both. Any person who violates any other provision of this chapter or any rule or regulation adopted by the board of detectives and guards under this chapter shall be fined not more than $500 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 460J-9 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-9
Application; fees.
Status: in_force

(a) Every applicant for a license under this chapter shall file an application on forms prescribed or required by the board, and shall furnish any additional information bearing upon the issuance of the license as the board requires. Every application shall be accompanied by the application and examination fees. In the case of a partnership, joint venture, or corporation, any licensed member or officer therefor may sign the application on behalf of the applicant and every application shall be accompanied by the application and license fees. In the case of a proprietorship, every application shall be accompanied by the application and license fees.

(b) Every application for a license by an individual who passed the examination shall be accompanied by a license fee. [L 1972, c 134, pt of §1; am L 1984, c 7, §§59, 60; am L 1986, c 126, §4; am L 1987, c 143, §3; am L 1992, c 202, §131; am L 1997, c 40, §16]
Haw. Rev. Stat. § 443B-12 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-12
Remedies not exclusive.
Status: in_force

The remedies provided for in this chapter are in addition to and not exclusive of any other remedies provided by law.
Haw. Rev. Stat. § 454M-8 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-8
Powers of commissioner.
Status: in_force

In addition to any other acts or conditions provided by law, the commissioner may:

(1) Adopt, amend, or repeal rules, issue declaratory rulings or informal nonbinding interpretations, and investigate and act upon written consumer complaints;

(2) Grant, deny, forfeit, renew, reinstate, or restore the license of any mortgage servicer;

(3) Revoke, suspend, or otherwise limit the license of any mortgage servicer for any violation of the provisions in this chapter, or any rule or order of, or agreement with the commissioner;

(4) Issue orders to cease and desist and enter into consent orders;

(5) Report any violation of this chapter or violation of federal or state law to the Consumer Financial Protection Bureau or other federal agency having jurisdiction over the licensee;

(6) Investigate and conduct hearings regarding any violation of this chapter, or any rule or order of or agreement with the commissioner; and

(7) Do any and all things necessary or incidental to the exercise of the commissioner's power and duties, including the authority to conduct contested case proceedings under chapter 91. [L 2009, c 106, pt of §1; am L 2013, c 92, §5; am L 2019, c 75, §4]
Haw. Rev. Stat. § 449-4 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-4
Administrative penalty.
Status: in_force

(a) Any person who violates any of the provisions of this chapter, shall be subject to an administrative fine of a maximum of $5,000 for each violation. The commissioner may impose an administrative fine on a licensee or person subject to this chapter if the commissioner finds on the record after notice and opportunity for hearing that the licensee or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any rule prescribed by the commissioner under this chapter or order issued under the authority of this chapter.

(b) Each violation under this chapter or failure to comply with any directive or order of the commissioner shall be a separate and distinct violation.

(c) Notwithstanding section 480-13.5, any violation of this chapter that is directed toward, targets, or injures an elder may be subject to an additional civil penalty not in excess of $10,000 for each violation in addition to any other fines or penalties assessed for the violation.

(d) No licensee shall be subject to this penalty for a violation of section 449-16(b) or (c) if the violation was not intentional or resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid that error. Examples of bona fide errors include, but are not limited to, clerical miscalculations, computer malfunction, printing errors, and computer programming errors. [L 1967, c 144, pt of §1; HRS §449-4; am L 1986, c 331, §2; am L 1992, c 205, §5; am L 2013, c 166, §3]
Haw. Rev. Stat. § 444-32 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-32
Subrogation to rights of creditor.
Status: in_force

When, upon the order of the court, the contractors license board has paid from the contractors recovery fund any sum to the judgment creditor, the contractors license board shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the judgment creditor's right, title and interest in the judgment to the contractors license board and any amount and interest so recovered by the contractors license board on the judgment shall be deposited to the credit of said fund.
Haw. Rev. Stat. § 460J-6 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-6
Licenses required.
Status: in_force

No person within the purview of this chapter shall act or assume to act, or advertise, as a pest control operator or be engaged in the business of pest control without a license previously obtained under and in compliance with this chapter and the rules of the board.
Haw. Rev. Stat. § 448E-1 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-1
Definitions.
Status: in_force

As used in this chapter, unless otherwise indicated by the context:

"Board" means the board of electricians and plumbers.

"Journey worker electrician" means any person who has been licensed by the board as a journey worker electrician to perform electrical work.

"Journey worker industrial electrician" means any person who has been licensed by the board as a journey worker industrial electrician to perform and maintain electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places.

"Journey worker plumber" means any person who has been licensed by the board as a journey worker plumber to direct and supervise the performance of plumbing work and to perform plumbing work.

"Journey worker specialty electrician" means any person who has been licensed by the board as a journey worker specialty electrician to perform electrical work related to installing, repairing, altering, and maintaining but not the attachment of lighting and power circuits to, the following: electronic equipment, sound public address systems, and communication systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna systems; sound recording systems, other than systems for a single-family or two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than a control for a single-family or two-family dwelling; and low voltage communication signal systems.

"Maintenance electrician" means any person who has been licensed by the board as a maintenance electrician to maintain electrical work.

"Master plumber" means any person who has been licensed by the board as a master plumber to direct and supervise the performance of plumbing work and to perform plumbing work and who provides overall supervision and general direction and is responsible for proper installation of plumbing work.

"Supervising electrician" means any person who has been licensed by the board as a supervising electrician to direct and supervise the performance of electrical work and to perform electrical work.

"Supervising industrial electrician" means any person who has been licensed by the board as a supervising industrial electrician to direct and supervise electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places.

"Supervising specialty electrician" means any person who has been licensed by the board as a supervising specialty electrician to direct and supervise the performance of electrical work related to installing, repairing, altering, and maintaining, but not the attachment of lighting and power circuits, to the following: electronic equipment, sound public address systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna system; sound recording systems other than systems for a single-family or a two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than control for a single-family or two-family dwelling; and low voltage communication signal systems. [L 1971, c 183, pt of §1; am L 1972, c 196, §1; am L 1973, c 95, §1; am L 1974, c 27, §1; am L 1982, c 205, §1; am L 1983, c 56, §2; gen ch 1993]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 442-11 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-11
Biennial renewal; fees; failure to renew.
Status: in_force

Every person holding a license to practice chiropractic in the State shall submit a renewal application with the Hawaii board of chiropractic on or before December 31 of each odd-numbered year and shall pay a renewal fee. If the board has established continuing education requirements for renewal, the license shall not be renewed unless proof of compliance with the requirements is submitted. A renewal notice shall be mailed to the last known address of all licensed chiropractors on or before November 30 of each odd-numbered year.

The failure, neglect, or refusal of any person holding a license to practice chiropractic to renew the license or to pay the renewal fee on or before December 31 of each odd-numbered year shall constitute a forfeiture of the license. A license that has been forfeited may be restored by the board upon compliance with the licensing renewal requirements provided by law and upon written application and payment of all applicable renewal fees, penalty fees, and compliance resolution fund fees within two years after the date of forfeiture. The license of any person who fails to apply for restoration of a forfeited license within two years from the date of forfeiture shall be automatically terminated. Once a license has been terminated pursuant to this section, the person may apply for a new license pursuant to and subject to all applicable laws and rules in effect at the time of application. [L 1955, c 229, pt of §1(d); RL 1955, §60-10.1; am L 1957, c 316, §4; HRS §442-11; am L 1975, c 118, §7; am L 1984, c 7, §21 and c 243, §7; am L 1992, c 150, §4; am L 2010, c 11, §1; am L 2018, c 203, §2]
Haw. Rev. Stat. § 448H-3 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-3
Elevator mechanics licensing board; appointment; organization.
Status: in_force

There is created an elevator mechanics licensing board within the department of commerce and consumer affairs for administrative purposes. The board shall consist of seven members: five shall be licensed elevator mechanics and two shall be public members not connected or associated with the elevator or building industry.
Haw. Rev. Stat. § 467-9.5 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-9.5
Prerequisites for examination.
Status: in_force

(a) No individual shall be eligible for the licensing examination unless the individual:

(1) Is a United States citizen, a United States national, or an alien authorized to work in the United States;

(2) Is of the age of majority;

(3) Has earned a high school diploma or its equivalent; and

(4) Is applying for:

(A) The real estate salesperson examination and has satisfactorily completed a commission-approved prelicensing course for real estate salesperson candidates, which includes real estate principles, or its equivalent as determined by the commission; or

(B) The real estate broker examination and:

(i) Holds a current, unencumbered Hawaii real estate salesperson license or a current, unencumbered real estate salesperson or broker license in another state or in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission;

(ii) Has satisfactorily completed a commission-approved prelicensing course for real estate broker candidates, or its equivalent as determined by the commission; and

(iii) Has experience as a full-time Hawaii-licensed real estate salesperson associated with a Hawaii-licensed real estate broker for at least three years of the five-year period immediately prior to the submission of the experience certification application and has practical real estate salesperson experience, as certified by the principal broker, principal brokers, broker in charge, or brokers in charge, as the case may be, during the subject period. The candidate shall secure commission approval of the candidate's experience certification application prior to the date of the examination. Subject to commission approval, a candidate may request a determination of equivalency for the experience requirement based on real estate salesperson license experience or a current, unencumbered real estate broker license in another state, or in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission.

(b) Each individual shall certify that the prerequisites set forth in this section have been or will be satisfied prior to the date of examination. The examination score of any individual who has taken the examination without having satisfied the prerequisites set forth in this section prior to the date of examination shall be voided. [L 1973, c 131, pt of §3; am L 1975, c 42, §1; am L 1982, c 270, §2; am L 1983, c 116, §3; am L 1986, c 106, §1; am L 1989, c 203, §1 and c 217, §2; am L 1990, c 5, §1; am L 1993, c 125, §2; am L 1994, c 100, §6; am L 1995, c 241, §4; am L 1999, c 240, §4; am L 2001, c 245, §1; am L 2002, c 129, §3; am L 2019, c 246, §2]
Haw. Rev. Stat. § 457A-1.5 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-1.5
Definitions.
Status: in_force

As used in this chapter:

"Certified nurse aide" means a nurse aide who has met the requirements for certification under section 457A-7 or 457A-8.

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

"Medicare or medicaid certified nursing facility" means any intermediate care facility or skilled nursing facility licensed pursuant to section 321-11(10) and certified by the department of health in accordance with 42 United States Code sections 1395i-3 and 1396r.

"Medicare or medicaid nurse aide" means a certified nurse aide who works in a medicare or medicaid certified nursing facility.

"Nurse aide" means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. A nurse aide may also assist a nurse by changing bed linens, delivering messages, and sterilizing instruments.

"State-licensed or state-certified health care settings" means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health.

"Substantiated finding" means documentation of an investigation by the State that leads the State to conclude that an allegation is valid, including:

(1) The nature of the allegation and the evidence that led to the conclusion;

(2) The date of the hearing, if the individual chose to have one, and its outcome;

(3) A statement of the individual disputing the allegation, if the individual chose to make one; or

(4) A criminal conviction. [L 2007, c 226, pt of §4; am L 2016, c 21, §2]
Haw. Rev. Stat. § 465-14 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-14
REPEALED.
Status: in_force

L 1992, c 202, §235.
Haw. Rev. Stat. § 437-31.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-31.5
New or used motor vehicle sales and lease contracts.
Status: in_force

Regardless of whether or not the buyer has taken possession of the motor vehicle, a new or used motor vehicle purchase or lease agreement by a salesperson or dealer shall be void if the agreement is contingent upon the financing of the purchase and, pursuant to the financing or credit application signed at the time of purchase, the buyer is unable to qualify.
Haw. Rev. Stat. § 459-9 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-9
Refusal to permit examination or issue license; revocation and suspension of license; grounds for.
Status: in_force

In addition to any other actions authorized by law, the Hawaii board of optometry may refuse to admit persons to its examinations or to issue a license or may revoke or suspend, for the period of time as may be determined by the board, a license previously issued, or may impose a penalty as shall be established by the board, for any cause authorized by law, including but not limited to the following:

(1) Presentation to the board of any certificate or testimony or information which was untrue in any material respect or illegally or fraudulently obtained, or when fraud or deceit has been practiced in obtaining any license under this chapter or in passing an examination;

(2) Conduct of a character likely to deceive or defraud the public, or habits of intemperance or drug addiction calculated to destroy the accuracy of the work of an optometrist, or professional misconduct, or gross carelessness or negligence, or manifest incapacity in the practice of optometry;

(3) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;

(4) Directly or indirectly accepting or offering employment to practice optometry from, or to any person not having a valid, unrevoked and unsuspended license or from any company or corporation;

(5) Soliciting or receiving, directly or indirectly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, from a dispensing optician for or on account of referring or sending to the dispensing optician of any intended or prospective wearer or user of any article or appliance prepared or furnished by a dispensing optician, or for or on account of any service or article furnished by the dispensing optician to any intended or prospective wearer or user;

(6) Using any name in connection with the licensee's practice other than the name under which the licensee is licensed to practice, or using any advertising which fails to clearly identify the individual licensee or which is ambiguous or misleading as to the licensee's identity;

(7) Employing or utilizing any unlicensed individual to perform optometric services in connection with refraction or visual training without directly and personally supervising the individuals in the performances of the services;

(8) Violating this chapter or the rules adopted by the board;

(9) Utilizing pharmaceutical agents for purposes other than those specified in section 459-1; or

(10) Failure to refer a patient to an appropriate licensed physician upon discovery, by history or examination, that the patient evidences an ocular abnormality or symptoms of systemic disease requiring further diagnosis and possible treatment by a licensed physician. [L 1917, c 187, §9; RL 1925, §1120; RL 1935, §1378; am L 1941, c 195, pt of §1; RL 1945, §2805; am L 1949, c 58, §1(6); am L 1951, c 230, §2; RL 1955, §68-9; am L 1957, c 119, §1; am L 1965, c 87, §1; HRS §459-9; am L 1974, c 205, §2(19); am L 1979, c 131, §2; am L 1985, c 224, §9 and c 294, §4; am L 1987, c 152, §6; am L 1992, c 21, §4 and c 202, §123; am L 2018, c 203, §6]
Haw. Rev. Stat. § 451J-7.5 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-7.5
Reciprocity.
Status: in_force

The director may enter into a reciprocity agreement with another state and issue a license to a marriage and family therapist who is licensed in that state; provided that the requirements for a license in that state are deemed by the director to be at least as stringent as the current requirements for a license in this State.
Haw. Rev. Stat. § 463-12 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-12
Bond.
Status: in_force

Each licensee shall give to the board a bond in the sum of not less than $5,000 executed by the applicant as principal and by a surety company authorized to do business in the State as surety. The bond shall be in such form as the board may prescribe, conditioned upon the honest conduct of the business of the licensee, and the right of any person injured by the wilful, malicious, or wrongful act of the licensee to bring in the person's own name an action on the bond.
Haw. Rev. Stat. § 454F-8 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-8
Standards for license renewal.
Status: in_force

(a) The minimum standards for license renewal for mortgage loan originators shall include the following:

(1) The mortgage loan originator continues to meet the minimum standards for licensure under section 454F-5;

(2) The mortgage loan originator has satisfied the annual continuing education requirements in section 454F-9 prior to requesting renewal; and

(3) The mortgage loan originator has paid all required fees for renewal of the license.

(b) The minimum standards for license renewal for mortgage loan originator companies shall include the following:

(1) The mortgage loan originator company continues to meet the minimum standards for licensure established pursuant to section 454F-5;

(2) The mortgage loan originator company's qualified individual and every branch manager have satisfied the minimum standards for license renewal;

(3) The mortgage loan originator company has paid all required fees for renewal of the license; and

(4) The mortgage loan originator company is registered with the business registration division of the department of commerce and consumer affairs.

(c) The license of a mortgage loan originator or mortgage loan originator company that fails to satisfy the minimum standards for license renewal shall expire. The commissioner may adopt procedures for the reinstatement of expired licenses consistent with section 454F‑8.5 and the standards established by NMLS. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §15; am L 2011, c 194, §8; am L 2012, c 252, §9; am L 2013, c 168, §10; am L 2014, c 198, §3; am L 2016, c 122, §11]
Haw. Rev. Stat. § 436B-22 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-22
Relinquishment no bar to jurisdiction.
Status: in_force

The forfeiture, nonrenewal, surrender, or voluntary relinquishment of a license by a licensee shall not bar jurisdiction by the licensing authority to proceed with any investigation, action, or proceeding to revoke, suspend, condition, or limit the licensee's license or fine the licensee.
Haw. Rev. Stat. § 440E-26 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-26
Chapter does not apply to active duty armed forces, National Guard, armed forces reserve, or Police Activities League.
Status: in_force

This chapter shall not apply to any mixed martial arts contest held as a recreational activity by active duty armed forces, armed forces reserve, or National Guard personnel, or the Police Activities League, when the contest is held under the supervision of a recreational officer of the active duty armed forces, armed forces reserve, National Guard, or a Police Activities League staff member.
Haw. Rev. Stat. § 453D-2 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-2
Mental health counselors licensing program.
Status: in_force

There is established a mental health counselors licensing program within the department to be administered by the director.
Haw. Rev. Stat. § 463E-15 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-15
Use of podiatrist; public programs.
Status: in_force

Whenever medical or surgical services within the scope of activities of a podiatrist licensed under this chapter are included in any program financed by public funds or administered by any public agency for aid to the indigent, the aged, the legally blind, or any other group or class, the recipient of such aid shall be entitled to choose whether the services are to be performed by a duly licensed physician or by a duly licensed podiatrist.
Haw. Rev. Stat. § 457A-2 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-2
Implementation.
Status: in_force

(a) The director shall implement the provisions of this chapter, in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to:

(1) The minimum requirements and standards for certification as a nurse aide;

(2) Examination requirements, including the passing score;

(3) Maintenance requirements for continued certification on a biennial basis; and

(4) Implementation of a certified nurse aide registry.

(b) The director of health shall implement this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to disciplining certified nurse aides who are employed in:

(1) Nursing facilities participating in medicare and medicaid programs; and

(2) Health care settings licensed or certified by the department of health.

(c) The director of human services shall implement this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to training programs for nurse aides and recertification; provided that recertification shall be required not less than every two years and the number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(2); am L 2007, c 226, §6; am L 2009, c 108, §3; am L 2016, c 21, §3]
Haw. Rev. Stat. § 437-37 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-37
Credit sale contract violations; penalty.
Status: in_force

Whoever violates any of the provisions of sections 437-32 to 437-34 relating to sales or purchase of credit sale contracts shall be fined not less than $25 nor more than $1,000.
Haw. Rev. Stat. § 437B-4 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-4
Powers and duties of board.
Status: in_force

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

(1) Establish such qualifications for the licensing of motor vehicle repair dealers and motor vehicle mechanics as may be necessary for the welfare of the public and the motor vehicle repair industry; provided that no individual shall be licensed as a motor vehicle mechanic without first receiving certification as provided by this chapter;

(2) Inquire into the practices and policies of the motor vehicle repair industry and make rules with respect to such practices and policies as may be deemed important and necessary by the board for the welfare of the public and the motor vehicle repair industry;

(3) Develop and administer the certification program provided for in this chapter;

(4) Adopt, amend, and repeal such rules not inconsistent with this chapter, as the board deems appropriate for effectuating the purpose of this chapter and to ensure the welfare of the public;

(5) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs; and

(6) Enforce this chapter and rules adopted pursuant thereto. [L 1975, c 143, pt of §2; am L 1988, c 128, §1; am L 1989, c 77, §6; am L 1992, c 202, §32; am L 1998, c 199, §3; am L 2014, c 225, §1]
Haw. Rev. Stat. § 461J-10.14 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10.14
Exemption from continuing competence requirements.
Status: in_force

(a) Prior to the expiration of a renewal period, a licensee may submit a written request to the board for an exemption from the continuing competence requirements in this chapter.

(b) The request for an exemption shall include the following information:

(1) Evidence that, during the two-year period prior to the expiration of the license, the licensee was residing in another country for one year or longer, reasonably preventing completion of the continuing competence requirements;

(2) Evidence that, during the two-year period prior to the expiration of the license, the licensee was ill or disabled for one year or longer as documented by a licensed physician, surgeon, or clinical psychologist, preventing completion of the continuing competence requirements; or

(3) Evidence that, during the two-year period prior to the expiration of the license, a dependent family member of the licensee was ill or disabled for one year or longer as documented by a licensed physician, surgeon, or clinical psychologist, preventing completion of the continuing competence requirements.

(c) The above exemptions shall not be granted for more than one renewal period. In the event a licensee cannot complete the continuing competence requirements during the two-year period after receiving an exemption, the licensee may only renew the license on an inactive status.

(d) When a licensee is absent from the State because of military service for a period of one year or longer during the two-year renewal period, preventing completion of the continuing competence requirement, the board may provide an exemption from the continuing competence requirement for more than one renewal period. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 455-11 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-11
Discipline; grounds; proceedings; hearings.
Status: in_force

(a) In addition to any other actions authorized by law, the board shall have the power to deny, revoke, suspend, or refuse to renew any license to practice naturopathic medicine applied for or issued by the board in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:

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

(2) 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;

(3) Employing any person to solicit patients;

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

(5) Betraying a patient's confidence;

(6) Making any untruthful and improbable statement in advertising one's naturopathic practice or business;

(7) False, fraudulent, or deceptive advertising;

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

(9) Practicing naturopathic medicine while the ability to practice is impaired by alcohol, drug, physical disability, or mental instability;

(10) Procuring a license through fraud, misrepresentation, or deceit or knowingly permitting an unlicensed person to perform activities requiring a license;

(11) Professional misconduct or gross carelessness or manifest incapacity in the practice of naturopathic medicine;

(12) Conduct or practice contrary to recognized standard of ethics of the naturopathic profession;

(13) Using medical service or treatment that is inappropriate or unnecessary;

(14) Submitting to or filing with the board any notice, statement, or other document required under this chapter that is false or untrue or contains any material misstatement of fact, including any false certification of compliance with the continuing education requirement specified under section 455-8;

(15) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;

(16) Using the title "physician" without clearly identifying oneself as being a naturopathic physician;

(17) Prescribing, administering, and dispensing naturopathic formulary that are not included in the formulary established by the board under section 455-6; and

(18) Violation of any provision of this chapter or rules adopted under this chapter.

(b) Any fine imposed by the board after a hearing in accordance with chapter 91 shall be no less than $500 and no more than $10,000 for each violation. [L 1986, c 76, §2; am L 1992, c 202, §105; am L Sp 2009, c 22, §10; am L 2014, c 222, §3; am L 2023, c 2, §9]
Haw. Rev. Stat. § 437-54 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-54
Transfer of franchise to successor who is not a qualified purchaser.
Status: in_force

(a) A manufacturer or distributor shall not refuse or fail to give effect, unless it has good cause, to the dealer's designated successor, whether designated by will, other estate planning document, or written notice to the manufacturer or distributor either while the dealer was living or within ninety days of the dealer's death or incapacity.

(b) In determining whether good cause exists for the manufacturer's or distributor's refusal to honor the succession, the manufacturer or distributor shall have the burden to prove that the successor is not of good moral character, is not willing to be bound by the terms of the franchise agreement, and is either not qualified to operate the dealership or fails to demonstrate that the dealership will be operated by a qualified executive manager.

(c) The designated successor shall furnish written notice to the manufacturer or distributor including all necessary application forms and related information customarily required by the manufacturer or distributor of the successor's intention to succeed to the ownership of the new motor vehicle dealership within sixty days prior to the designee's actual proposed succession to dealership ownership for the manufacturer or distributor to determine whether the proposed successor meets the normal, reasonable, and uniformly applied standards for the grant of an application as a new motor vehicle dealer.

(d) The manufacturer or distributor shall notify the proposed successor of its belief that good cause exists to refuse to honor the succession within sixty days after receipt of the notice of the proposed successor's intent to succeed the franchise, and the manufacturer or distributor shall detail its reasons why it believes good cause exists to deny the succession.

(e) A proposed successor may file a petition in the manner prescribed in section 437-51 within sixty days after receipt of the manufacturer's or distributor's notice of refusal to honor the succession. The franchise shall continue, and the manufacturer or distributor is prohibited from any action to the contrary, until a final judgment has been rendered on the proposed succession. [L 2010, c 164, pt of §2]
Haw. Rev. Stat. § 437-28.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-28.5
Procedures, protections, rights, and remedies made available to licensees.
Status: in_force

(a) The same procedures, protections, rights, and remedies provided to a dealer under section 437-3.6, section 437‑28(a)(21), and part II shall apply to a distributor that is not a manufacturer.

(b) Notwithstanding the terms, provisions, or conditions of any dealer or distributor agreement, franchise, or waiver and notwithstanding any other legal or administrative remedies available, any person who is licensed under this chapter and whose business or property is injured by a violation of section 437-28(a)(21) or part II may bring a civil action in a court of competent jurisdiction in the State to enjoin further violations and to recover any damages together with the costs of the suit. Laws of the State of Hawaii shall apply to any action initiated under this subsection.

(c) Any person that brings or defends against a civil action under subsection (b) may be entitled to recover reasonable attorneys' fees as a part of any damages or injunction; provided that the person substantially prevails in establishing or defending against a violation of section 437‑28(a)(21) or part II.

(d) Upon a cancellation or failure to renew a distributorship agreement, the party canceling or failing to renew the agreement, at the distributor's option, shall either:

(1) Compensate the distributor at the fair market value of the distributor's capital investment, which shall include but not be limited to the going business value of the business, goodwill, property, and improvement owned or leased by the distributor for the purpose of the distributorship; the distributor's inventory of parts; the distributor's dealer operations and franchise agreements with other dealers; and motor vehicles possessed by the distributor in connection with the distributorship plus reasonable attorney's fees incurred in collecting compensation; provided that, to be eligible for compensation pursuant to this paragraph, an investment shall have been made with reasonable and prudent judgment for the purpose of the distributorship agreement; or

(2) Compensate the distributor for damages including reasonable attorney's fees incurred in collecting compensation resulting from the cancellation or failure to renew the distributorship agreement. [L 2003, c 126, pt of §1; am L 2010, c 164, §7; am L 2011, c 13, §2]
Haw. Rev. Stat. § 448H-2 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-2
License required.
Status: in_force

No person shall operate or practice as an elevator mechanic unless the person is licensed under this chapter.
Haw. Rev. Stat. § 441-12 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-12
Mortgages and liens; consumer contracts; sales prohibited.
Status: in_force

(a) Cemetery authorities may secure pecuniary obligations by mortgage or lien upon their property, whether or not the property has been set aside for interment purposes, and may sell plots, crypts, niches, or contracts containing pre-need interment services subject to such mortgage or lien within the limitations and conditions imposed by this chapter.

(b) All mortgages and other liens of any nature hereafter contracted for and recorded on the property which has been and was, at the time of the perfection of the lien, dedicated to cemetery purposes pursuant to this chapter, shall not affect or impair the dedication of the property to cemetery use, or the title of any plot, crypt, or niche contract, or the obligation of the cemetery authority to fully perform any contract containing pre-need interment services, but the mortgage or other lien shall be subject and subordinate to the dedication and title of any plot, crypt, or niche contract and the obligation of the cemetery authority to fully perform any contract containing pre-need interment services, and any and all sales made upon foreclosure, insolvency, or federal bankruptcy proceeding shall be subject and subordinate to the dedication and title of any plot, crypt, or niche contract and the obligation of the cemetery authority to fully perform any contract containing pre-need interment services.

(c) A statutory lien is created, without recordation of the lien, upon all real and personal property held by a pre-need funeral authority upon the filing with the department of audited financial statements, audited by an independent certified public accountant, that indicate that its pre-need funeral trusts are not fully funded as required by applicable law. The amount of the lien shall be equal to the amount that the pre-need funeral trusts are underfunded. This lien shall have priority over all subsequent real property mortgages, security interests, and liens created upon the real and personal property of the pre-need funeral authority and shall terminate at the time when the pre-need funeral trusts are properly funded, as evidenced by records and certification of the trustee and subsequent assurance from the independent certified public accountant that the underfunding was corrected.

(d) Notwithstanding any other language to the contrary, sales by a cemetery or pre-need funeral authority of accounts receivables from contracts containing pre-need interment, pre-need funeral, or perpetual care services shall be prohibited. Sales made in violation of this subsection shall be void.

(e) Any transfer of pre-need funeral trust funds and the obligations related thereto shall be to another person subject to section 441-20 or 441-30.5. Any transfer of pre-need funeral trust funds and pre-need funeral contracts and obligations related thereto in accordance with this section shall include the transfer of pre-need funeral contracts made, entered into, or purchased by the pre-need funeral authority prior to the transfer. [L 1967, c 199, pt of §1; HRS §441-12; am L 2007, c 188, §3]
Haw. Rev. Stat. § 448B-4 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-4
Licensure required.
Status: in_force

No person shall purport to be a "licensed dietitian" or use the letters "L.D." in connection with the person's name, or use any words or symbols indicating or tending to indicate that the person is a licensed dietitian without meeting the applicable requirements and holding a license as set forth in this chapter.
Haw. Rev. Stat. § 445-38 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-38
Auctioneer's agent.
Status: in_force

Any auctioneer may appoint any agent or assistant to act for the auctioneer in the conduct of the auctioneer's auction business, for all of the acts of whom the auctioneer shall be responsible in the same manner as though they were done personally by the auctioneer.
Haw. Rev. Stat. § 457B-9 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-9
Fees.
Status: in_force

(a) An applicant for a license to practice nursing home administration by examination shall pay application and examination fees. A reexamination fee is required for each reexamination. Application fees shall not be refundable. Each applicant who successfully passes the examination shall pay a license fee.

(b) There shall be a biennial renewal fee which shall be paid to the department on or before June 30 of each even-numbered year. Failure, neglect, or refusal of any duly licensed nursing home administrator to pay the biennial renewal fee shall constitute a forfeiture of the nursing home administrator's license. The license may be restored within three years upon written application therefor and the payment to the department of all delinquent fees plus a penalty fee and evidence of participation in educational programs. [L 1970, c 63, pt of §1; am L 1971, c 54, §2; am L 1973, c 22, §1; am L 1975, c 118, §20; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §49; am L 1992, c 202, §114; am L 1997, c 235, §9]
Haw. Rev. Stat. § 468E-17 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-17
Severability provision.
Status: in_force

If any part of this chapter is for any reason held unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of the chapter; and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, invalid, or inoperative part therein; and the remainder of this chapter, after the exclusion of such part or parts, shall be valid as if such parts were not contained therein.
Haw. Rev. Stat. § 440E-27 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-27
Revocation; suspension.
Status: in_force

(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore or may deny, revoke, suspend, fine, reprimand, or condition in any manner, the license of any person or entity issued for this chapter, for any cause authorized by law, including but not limited to the following:

(1) Violation of any provision of this chapter or the rules adopted by the director, or any other law or rule that applies to those persons licensed under this chapter;

(2) Manifest incapacity, professional misconduct, or unethical conduct;

(3) Making any false representations or promises through advertising or other dissemination of information;

(4) Any fraudulent, dishonest, or deceitful act in connection with the licensing of any promoter under this chapter or in connection with any mixed martial arts contest;

(5) Making any false or misleading statement in any application or document submitted or required to be filed under this chapter;

(6) Revocation or suspension of a license or other disciplinary action against the licensee by any other regulatory entity over mixed martial arts contests;

(7) Failure to report any disciplinary action, including medical and mandatory suspensions, or revocation or suspension of a license in another jurisdiction not less than fifteen calendar days preceding any mixed martial arts match in which the licensee participates or within thirty calendar days following the disciplinary decision, whichever is earlier; or

(8) Participation in any sham or false mixed martial arts contest.

(b) A manager may be held responsible for all violations of this chapter by a mixed martial arts contestant whom the manager manages and may be subject to license revocation or suspension, or a fine, or any combination thereof, irrespective of whether any disciplinary action is taken against the mixed martial arts contestant. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 440-37 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-37
Cumulative penalties.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 461-5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-5
Registered pharmacists; qualifications for license.
Status: in_force

(a) Any applicant for a license as a pharmacist shall submit an application on a form prescribed by the board and shall provide evidence to the board that the applicant:

(1) Is at least eighteen years of age;

(2) Holds a degree from a school or college of pharmacy or department in a university which is recognized and accredited by the American Council of Pharmaceutical Education;

(3) Has a minimum of fifteen hundred hours of practical experience in any state or territory of the United States, or the District of Columbia, under the supervision of a pharmacist who is duly registered or licensed in the state, territory, or district where the experience is obtained. Service and experience under the supervision of a registered pharmacist as required in this section shall be predominantly related to the practice of pharmacy as defined under section 461-1. In the event an applicant has no practical experience as required, the applicant may take the examination and upon passing the examination, shall not receive a license until after the applicant fulfills the practical experience requirement;

(4) Has passed an examination as may be prescribed by the board; and

(5) Does not have an encumbered license or a pending disciplinary action or unresolved complaint in the practice of pharmacy in any state or territory of the United States, or the District of Columbia, or if any license has been or is encumbered, the applicant shall provide all information requested by the board.

(b) Any applicant who is otherwise qualified to apply for a license to practice pharmacy in this State, but who is a graduate of a school or college of pharmacy located outside the United States which has not been recognized by the board as an accredited school, may be deemed to have satisfied the requirement of subsection (a)(2) by providing verification to the board of the applicant's academic record and graduation and by meeting other requirements as the board may establish from time to time. The board shall require the applicant to successfully pass an examination or examinations given or approved by the board to establish proficiency in English if the school is located outside the United States in a country where the official language is not English, and equivalency of education of the applicant with qualified graduates of a school or college recognized by the board as a prerequisite to taking the licensure examination required by section 461-6. [L 1949, c 175, pt of §1; RL 1955, §71-5; HRS §461-5; am L 1971, c 131, §1; am L 1972, c 2, §25; am L 1973, c 105, §1; am L 1985, c 223, §1; am L 1990, c 248, §1; am L 1992, c 202, §138; am L 1994, c 39, §2; am L 1995, c 34, §2; am L 2010, c 50, §3]
Haw. Rev. Stat. § 457-12.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-12.5
Discipline based on action taken in another state; conditions; prohibition on practice.
Status: in_force

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

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

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

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

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

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

(b) A certified copy of the disciplinary action in another state shall constitute prima facie evidence of the disciplinary action.

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

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

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

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

(e) Notwithstanding any law to the contrary, the final order of discipline taken pursuant to this section shall be a matter of public record. [L 2016, c 38, §4; am L 2023, c 2, §11]
Haw. Rev. Stat. § 461-8 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-8
Renewal of licenses; continuing education requirement.
Status: in_force

(a) All licenses and permits issued by the board, except temporary licenses issued under section 461-7, shall be renewed biennially on or before December 31 of each odd-numbered year. Failure to pay the biennial fee and to satisfy the continuing education requirement on or before December 31 of each odd-numbered year, shall constitute a forfeiture of the license as of the date of expiration. Failure to pay the biennial fee on or before December 31 of each odd-numbered year shall constitute a forfeiture of the permit as of the date of expiration.

(b) Any license or permit forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91.

(c) In the event that the pharmacist has not engaged in the practice of pharmacy in this State or in another state or territory of the United States within the past five years, the board may require the pharmacist to satisfy additional requirements, as specified in rules adopted pursuant to chapter 91, to demonstrate that the pharmacist is competent to practice in this State.

(d) Beginning with the renewal for the licensing biennium commencing on January 1, 2008, and every biennial renewal thereafter, each licensee shall have completed thirty credit hours in continuing education courses within the two-year period preceding the renewal date, regardless of the licensee's initial date of licensure; provided that a licensee who has graduated from an accredited pharmacy school within one year of the licensee's first license renewal period shall not be subject to the continuing education requirement for the first license renewal. The board may extend the deadline for compliance with the continuing education requirement based on any of the following:

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

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

(3) Lack of access to continuing education courses due to the practice of pharmacy in geographically isolated areas; and

(4) Inability to undertake continuing education due to incapacity, undue hardship, or other extenuating circumstances.

(e) A pharmacist who administers any vaccine to persons three years of age or older pursuant to section 461-11.4 shall complete a training program approved by the board within every other biennial renewal period and submit proof of successful completion of the training program to the board before administering any vaccine to persons three years of age or older.

(f) A pharmacist who prescribes and dispenses contraceptive supplies pursuant to section 461-11.6 shall complete an Accreditation Council for Pharmacy Education program approved by the board within every other biennial renewal period and submit proof of successful completion of the continuing education program to the board.

(g) Each licensee shall maintain the licensee's continuing education records. At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section. The board may require a licensee to submit, in addition to the certification, evidence satisfactory to the board that demonstrates compliance with the continuing education requirement of this section.

(h) The board may conduct random audits to determine compliance with the continuing education requirement. The board shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirement. [L 1949, c 175, pt of §1; RL 1955, §71-8; am L 1957, c 316, §12; am L 1961, c 142, §8(b); HRS §461-8; am L 1975, c 118, §25(1); am L 1984, c 7, §§64, 65; am L 1986, c 143, §9; am L 1990, c 248, §3; am L 1996, c 208, §3; am L 2004, c 165, §3; am L 2009, c 11, §63; am L 2012, c 42, §4; am L 2015, c 36, §2; am L 2017, c 67, §6 and c 68, §3; am L 2024, c 104, §3; am L 2025, c 93, §5]
Haw. Rev. Stat. § 448-26 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-26
[ §448-26] Discipline based on action taken by another state or federal agency; conditions; prohibition on practice.
Status: in_force

[ §448-26] Discipline based on action taken by another state or federal agency; conditions; prohibition on practice. (a) Upon receipt of evidence of revocation, suspension, or other disciplinary action against a licensee by another state or federal agency, the board may issue an order imposing disciplinary action upon the licensee on the following conditions:

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

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

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

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

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

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

(1) The licensee was the subject of disciplinary action by another state; and

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

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

(e) Notwithstanding any law to the contrary, the final order of discipline taken pursuant to this section shall be a matter of public record. [L 2016, c 38, §2]
Haw. Rev. Stat. § 440-22 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-22
Sham boxing contest; forfeiture of license.
Status: in_force

Any individual or club who conducts, holds, or gives or participates in any sham or fake boxing 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 canceled and declared void by the commission. The individual or club and any officers, partners, or members of the club shall not thereafter be entitled to receive and shall not be given another license.
Haw. Rev. Stat. § 457-2.7 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-2.7
Advanced practice registered nurse.
Status: in_force

(a) Practice as an advanced practice registered nurse means the scope of nursing in a category approved by the board, regardless of compensation or personal profit, and includes the registered nurse scope of practice. The scope of an advanced practice registered nurse includes but is not limited to advanced assessment; telehealth; and the diagnosis, prescription, selection, and administration of therapeutic measures including over the counter drugs, legend drugs, and controlled substances within the advanced practice registered nurse's role and specialty-appropriate education and certification.

(b) The advanced practice registered nurse's scope of practice supersedes the registered nurse's scope of practice. Advanced practice registered nurses shall practice within standards established or recognized by the board and be 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 4; and

(2) The National Council of State Boards of Nursing Model Nursing Administrative Rules, Chapter Two, Standards of Nursing Practice, section 2.4.1;

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.

(c) An advanced practice registered nurse shall comply with the requirements of this chapter; recognize limits of the advanced practice registered nurse's knowledge and experience and planning for the management of situations that exceed the scope of authorized practice; and consult with or refer clients to other health care providers, as appropriate. [L 2010, c 57, pt of § 2; am L 2014, c 159, § 10]
Haw. Rev. Stat. § 443B-3.5 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-3.5
Designation as exempt out-of-state collection agency ; limitations on business practices; fees; disciplinary action.
Status: in_force

(a) A collection agency that is not registered as a collection agency in the State may apply for designation as an exempt out-of-state collection agency by complying with the requirements of this section.

(b) To be designated as an exempt out-of-state collection agency, a collection agency shall:

(1) Not have any employees or agents located in the State who engage in the collection of debts for another person;

(2) Not have any business location or office in the State that engages in collection agency activities;

(3) Hold a current, unrestricted, and unconditional license, permit, or registration as a collection agency in the reciprocal state identified in its application;

(4) Limit its collection activity in the State to the collection of debts from residents of the State on behalf of out-of-state clients through interstate communication by telephone, mail, facsimile, or electronic mail; and

(5) Not collect debts on behalf of creditors who have a business presence in the State.

(c) An applicant for designation as an exempt out-of-state collection agency shall submit the following:

(1) An application for designation as an exempt out-of-state collection agency as prescribed by the director;

(2) Documentation that verifies the out-of-state collection agency:

(A) Holds a current, unrestricted, and unconditional license, permit, or registration as a collection agency in a reciprocal state; and

(B) Is in good standing with and has complied with the laws of the reciprocal state, including the maintenance of a bond in the amount required by the reciprocal state;

(3) An agreement in writing to comply with the requirements of all laws of the State that regulate collection practices, including but not limited to the requirements of chapter 480D and this chapter, other than registration and bonding as specified in subsection (e); and

(4) Payment of the following nonrefundable fees:

(A) With the application, an application fee of $25; and

(B) Upon approval of an out-of-state collection agency exemption, the compliance resolution fund fee for collection agencies.

(d) A designated exempt out-of-state collection agency may apply for renewal of the exemption biennially by June 30 of each even-numbered year.

(e) A collection agency that is designated as an exempt out-of-state collection agency shall be exempt from the registration requirements of this chapter and bonding requirements of section 443B-5; provided that this section shall not exempt a collection agency from the requirements of other laws that regulate collection practices in the State, including but not limited to the requirements of chapter 480D and this chapter.

(f) A designated exempt out-of-state collection agency shall not:

(1) Engage in collection activities in the State, except for the collection of claims from residents of this State on behalf of out-of-state clients through interstate communication by telephone, mail, facsimile, or electronic mail, as specified in this chapter;

(2) Advertise or solicit, either in print, by letter, in person, or otherwise, the right to collect or receive payment for another of any debt from creditors who have a business presence in the State;

(3) Collect debts on behalf of a creditor who has a business presence in the State;

(4) Collect debts in the State unless it maintains a current, unrestricted, and unconditional license, permit, or registration as a collection agency in the reciprocal state identified in its application;

(5) Bring or maintain any action involving the collection of debts of its clients in any court of the State;

(6) Communicate with debtors in the State other than by interstate communication by telephone, mail, facsimile, or electronic mail;

(7) Provide false or misleading information at the time of initial or renewal application or during the period of exemption;

(8) Have any employees or agents located in the State who engage in the collection of debts for another person;

(9) Have any business location or office in the State that engages in collection agency activities; or

(10) Violate any of the provisions of this chapter.

(g) A collection agency shall not collect or attempt to collect any money or any other form of indebtedness alleged to be due and owing from any person who resides or does business in the State without first registering under this chapter, or being designated as an exempt out-of-state collection agency pursuant to this section.

(h) A designated exempt out-of-state collection agency shall notify the director in writing of any judgment, award, disciplinary action, consent decree, or order issued against it in any jurisdiction within thirty days of the entry of the judgment, award, disciplinary action, consent decree, or order.

(i) The failure of a designated exempt out-of-state collection agency to maintain a current, unrestricted, and unconditional license, permit, or registration in the reciprocal state identified in its application shall cause the automatic forfeiture of the exemption effective as of the date on which the designated exempt out-of-state collection agency's license, permit, or registration is no longer current, unrestricted, or unconditional in the reciprocal state identified in its application. Any collection activity by the designated exempt out-of-state collection agency after the forfeiture date shall be deemed to be unlicensed activity. An out-of-state collection agency whose exemption is forfeited shall apply as a new applicant for an exemption in order to resume business in the State.

(j) The remedies or penalties provided by this section are cumulative to the remedies or penalties available under this chapter and all other laws of the State.

(k) Any collection activity by a designated exempt out-of-state collection agency, other than activity authorized by this section, shall be deemed to be unlicensed activity.

(l) The director may deny or refuse to renew an out-of-state collection agency's initial or renewal application for exemption for failure to comply with this section, or for the grounds set forth in sections 443B-4.57 or 436B-19.

(m) In order to effectuate this section and enforce the requirements of this chapter as it relates to designated exempt out-of-state collection agencies, the director is expressly authorized to initiate any action on behalf of the State as may be appropriate in any state or federal court of competent jurisdiction.

(n) For purposes of this section:

"Business presence in the State" means the creditor or an affiliate or subsidiary of the creditor has an office in the State.

"Reciprocal state" means a state:

(1) Whose requirements to be licensed, permitted, or registered as a collection agency in that state are at a minimum substantially equivalent to the requirements to be registered as a collection agency in this State, including but not limited to the bonding requirements in section 443B-5; and

(2) That does not require a Hawaii collection agency to obtain a license, permit, or registration to collect debts in that state if the activities of the Hawaii collection agency are limited to collecting debts on behalf of an out-of-state creditor using interstate communication methods, including telephone, facsimile, mail, or electronic mail, and the Hawaii collection agency does not solicit or engage in collection activities for clients in that state. [L 2000, c 135, §1; am L 2012, c 52, §1; am L 2021, c 230, §13]
Haw. Rev. Stat. § 448D-1 — HI Code / Division 2 / Title 25 / Chapter 448D / Section 448D-1
Definitions.
Status: in_force

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

"Dental service organization" means any person who undertakes to provide or to arrange for or administer one or more prepaid dental insurance plans.

"Prepaid dental insurance" means any contractual arrangement for dental services provided directly or arranged for or administered directly on a prepaid individual, group, or capitation basis.

"Subscriber" means a member of the public or group who has contracted with a dental service organization for the provision of dental services including dependents who are entitled to dental services under the plan solely because of their status as dependents of the subscriber. [L 1988, c 342, pt of §1]
Haw. Rev. Stat. § 461-3 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-3
Records.
Status: in_force

The executive secretary, subject to the direction of the board, shall make and keep all records and record books required to be kept by the board and shall furnish the department of health with copies of those records as it requires.
Haw. Rev. Stat. § 437-3.6 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-3.6
Waivers void.
Status: in_force

Any condition, stipulation, or provision in a franchise or distributorship agreement purporting to bind any person acquiring or holding any franchise or distributorship to waive compliance with any provision of this chapter or any other law of the State is void; provided that no person acquiring or holding any franchise or distributorship shall be prohibited under this section from electing in writing, at or after the time a dispute arises, to use any voluntary dispute resolution procedure, or from entering into any voluntary agreement to settle legitimate disputes between the disputing parties.
Haw. Rev. Stat. § 459-1.5 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-1.5
Definitions.
Status: in_force

As used in this chapter:

"Board" means the Hawaii board of optometry.

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

"Ophthalmic lens" means any spectacle lens that has a spherical, cylindrical, or prismatic power or value and is ground pursuant to a prescription.

"Surgery" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. [L 1987, c 152, §2; am L 1997, c 335, §1; am L 2018, c 203, §6; am L 2021, c 230, §18]
Haw. Rev. Stat. § 442-18 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-18
Disposition of fees; establishment of fees by rule.
Status: in_force

(a) All moneys received by the board under this chapter shall be paid to the director of commerce and consumer affairs and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o).

(b) All fees required by this chapter or in rules adopted by the board shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. The examination fee may be paid directly to the testing agency by the director or the examinee. [L 1925, c 99, §13; RL 1935, §971; RL 1945, §2082; RL 1955, §60-13; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §442-18; am L 1984, c 7, §23; am L 1986, c 100, §3; am L 1997, c 232, §5]
Haw. Rev. Stat. § 445-9 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-9
Canceled on transferring, etc.
Status: in_force

§445-9 Canceled on transferring, etc., business; penalty. If any licensee closes out, transfers, or assigns the business for which a license is held, during the term for which the same was issued, the licensee shall within thirty days from the date of such closing out, transfer, or assignment, notify the treasurer of such fact in writing and return the license to the treasurer for cancellation, under a penalty not to exceed $100 for failure to do so.
Haw. Rev. Stat. § 449-15 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-15
Audited statements.
Status: in_force

(a) Each escrow depository, at its own expense, shall submit to the commissioner within ninety days after the close of its fiscal year its annual financial statements accompanied by a report of an independent certified public accountant who has prepared or examined those statements. For good cause, the commissioner may grant a licensee an extension of an additional thirty days to file the reports required by this section.

(b) The audited financial statements shall be prepared in accordance with generally accepted accounting principles and the examination by the independent certified public accountant shall be performed in accordance with generally accepted auditing standards. The financial statements and the independent certified public accountant's report shall include but not be limited to the following:

(1) An unqualified opinion on the fair presentation of the financial statements taken as a whole. To the extent that this is not possible, then a detailed footnote explaining the reason why an unqualified opinion could not be given shall suffice;

(2) A direct verification of escrow funds and escrow liabilities. If less than a one hundred per cent verification is performed, there shall be a separate letter from the independent certified public accountant indicating: the number of accounts verified; the percentage of the verification; the basis for determining the sample size; the method used in selecting the sample items to verify; a description of the sampling technique used; the discrepancies noted; and how the discrepancies were resolved;

(3) Footnotes to the audited financial statement showing the escrow funds and escrow liabilities and, to the extent that these amounts differ, a reconciliation of the amounts; and

(4) A statement as to whether the escrow depository is in compliance with this chapter. If the independent certified public accountant reports any incident involving noncompliance, the statement shall address whether the noncompliance may have a material adverse impact on the ongoing operations of the company.

(c) Except with the written approval of the commissioner, an escrow depository shall not be deemed in compliance with this section if the independent certified public accountant expresses a qualified or adverse opinion or a disclaimer of opinion. A request for approval shall be filed by the escrow depository concurrently with the filing of the audited financial statements and the independent certified public accountant's report. The request shall be in letter form and shall contain the arguments as to why the audited financial statements and the independent certified public accountant's report should be considered acceptable. Failure to comply with this section shall be grounds for the suspension or revocation of the escrow depository's license in accordance with section 449-17. Failure to comply with this section shall authorize the commissioner to order an independent audit at the expense of the escrow depository.

(d) Failure to furnish any report or information as and when required under this section shall be grounds for the commissioner to impose an administrative penalty of $200 per day for each day that the audit is overdue. In addition, if the report or information is not filed within thirty days of the required deadline, the commissioner may prohibit the escrow depository from accepting new business until the report or information is filed. [L 1967, c 144, pt of §1; HRS §449-15; am L 1985, c 269, §50; am L 1989, c 248, §1; am L 1992, c 205, §14]
Haw. Rev. Stat. § 444-23 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-23
Violation; penalties.
Status: in_force

(a) Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined $500 for the first offense, $1,000 for the second offense, and not less than $1,500 or more than $2,000 for any subsequent offense.

(b) Any licensee who violates section 444-9.3 or 444-17(17) shall be fined up to $25,000 or up to the full amount of the contract price for each offense, whichever is greater.

(c) Except as provided in subsections (a), (b), (d), and (e), any person who violates or fails to comply with this chapter shall be fined not less than $100 or more than $5,000 for each violation; provided that any person who violates section 444-9 shall be fined:

(1) $2,500 or forty per cent of the total contract price, whichever is greater, for the first offense;

(2) $3,500 or forty per cent of the total contract price, whichever is greater, for the second offense; and

(3) $5,000 or forty per cent of the total contract price, whichever is greater, for any subsequent offense,

and when the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, all tools, implements, documents, materials, or any other property used by the person in activities violating section 444-9 shall be subject to forfeiture as provided by section 444-23.5 and shall be turned over to the department for disposition under that section.

(d) Any licensee who violates, or whose employee violates, section 444-17(18), 444-17(19), or 444-17(20), shall be fined $75 for the first offense, $150 for the second offense, and not less than $300 or more than $1,000 for each subsequent offense; provided that each unit serviced in violation of section 444-17(18) or 444-17(19) and each instance of releasing CFCs in violation of section 444-17(20) shall constitute a separate offense.

(e) Any person who violates section 444-2.5 shall be fined:

(1) Up to $5,000 or fifty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, and as determined based on a review of the circumstances of each case, for the first offense; and

(2) $10,000 or sixty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, for any subsequent offenses. [L 1957, c 305, §1(s 22); Supp, §166A-22; HRS §444-23; am L 1975, c 127, §1; am L 1980, c 102, §1; am L 1984, c 216, §1; am L 1986, c 23, §1; am L 1989, c 77, §12; am L 1990, c 244, §1; am L 1992, c 264, §10 and c 269, §5; am L 1996, c 172, §5; am L 2000, c 291, §3; am L 2009, c 195, §1; am L 2010, c 44, §5 ; am L 2013, c 176, §3]
Haw. Rev. Stat. § 455-1 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-1
Definitions.
Status: in_force

As used in this chapter:

"Behavioral medicine" means therapy techniques including biofeedback, relaxation training, hypnosis, mindfulness-based stress reduction, and cognitive therapy.

"Board" means the board of naturopathic medicine.

"Common diagnostic procedures" means the use of venipuncture consistent with the practice of naturopathic medicine, commonly used diagnostic modalities consistent with naturopathic practice, taking of health history, physical examination, radiography, laboratory medicine, and obtaining samples of human tissue as authorized as a minor office procedure.

"Continuing education courses" means courses approved by a professional association or organization representing a licensed profession whose program objectives are related to naturopathic medicine; provided that the professional association or organization is approved by the board.

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

"Diagnosis" means using all recognized and accepted physical and laboratory diagnostic procedures including the taking of blood for diagnostic purposes.

"Disaster condition" means a sudden catastrophic event that overwhelms public order, causes loss of property or life, and exceeds or disrupts the capabilities of available medical resources to provide medical care within a community.

"Homeopathic" means minute doses of substances that have been highly diluted and shaken according to standardized pharmaceutical methods.

"Hygiene and immunization" means the use of preventative techniques including personal hygiene, asepsis, public health, and, to the extent allowed by rule, immunizations.

"Legend drug" means any drug falling within section 503(b)(1) of the federal Food, Drug and Cosmetic Act and which is required to be labeled with the statement "Rx only".

"Manual manipulation" or "mechanotherapy" means manipulation of a part or the whole of the body by hand or mechanical means.

"Minor office procedures" means care and procedures relative to superficial lacerations, lesions, and abrasions, and the removal of foreign bodies located in superficial structures not including the eye; and the topical and parenteral use of substances consistent with the practice of naturopathic medicine, in accordance with rules established by the board.

"Naturopathic formulary" means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice.

"Naturopathic medicine" means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body. The practice of naturopathic medicine includes the prescription, administration, dispensing, and use of nutrition and food science, physical modalities, manual manipulation, parenteral therapy, minor office procedures, naturopathic formulary, hygiene and immunization, contraceptive devices, common diagnostic procedures, and behavioral medicine of the type taught in education and training at naturopathic medical colleges; provided that the use of parenteral therapy and performance of minor office procedures shall not be allowed until the board adopts rules in accordance with chapter 91 pursuant to section 455-6.

"Naturopathic physician" means a person who holds a current license issued under this chapter to practice naturopathic medicine.

"Nutrition and food science" means the prevention and treatment of disease or other human conditions through the use of diet.

"Parenteral therapy" means the administration of substances by means other than through the gastrointestinal tract, including intravenous, subcutaneous and intramuscular injection.

"Physical modalities" means use of physical, chemical, electrical, and other means, including but not limited to heat, cold, air, light, including lasers, water in any of its forms, sound, massage, and therapeutic exercise.

"Radiography" means the ordering of radiographic diagnostic and other imaging studies, including but not limited to computed tomography scans, x-rays, magnetic resonance imaging, positron emission tomography scans, and ultrasounds. The term also means and includes the taking and interpreting of x-rays. [L 1925, c 77, pt of §1; RL 1935, §1300; RL 1945, §2651; RL 1955, §66-1; HRS §455-1; am L 1986, c 76, §5; am L 1987, c 281, §2(1); am L 1994, c 71, §1; am L Sp 2009, c 22, §3; am L 2014, c 222, §1]
Haw. Rev. Stat. § 444-25 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-25
Payment for goods and services.
Status: in_force

A contractor shall pay the contractor's subcontractor for any goods and services rendered within ten days after receipt of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and after receipt by the contractor of payment from the owner for the subcontractor's work, whichever occurs later. The subcontractor shall be entitled to receive interest on the unpaid amount at the rate of one and one-half per cent per month from the date payment is due; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the contractor and the subcontractor concerning the goods and services contracted for.

If payment is contingent upon receipt of funds held in escrow or trust, the contractor shall clearly state this fact in the contractor's solicitation of bids. If the solicitation for bids contains the statement that the time of payment is contingent upon the receipt of funds held in escrow or trust and a contract is awarded in response to the solicitation, interest shall not begin to accrue upon any unpaid balance until after the tenth day following receipt by the contractor of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and receipt of the escrow or trust funds, whichever occurs later; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the subcontractor and the contractor concerning the goods and services contracted for.

This section shall not apply to chapter 103 or any section affecting public contracts. [L 1969, c 147, §2; am L 1971, c 92, §1; gen ch 1985; am L 2012, c 260, §2]
Haw. Rev. Stat. § 464-3 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-3
Persons exempt from licensure.
Status: in_force

Persons practicing professional engineering, architecture, land surveying, or landscape architecture solely as officers or employees of the United States shall be exempted from the provisions of this chapter.
Haw. Rev. Stat. § 466-36 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-36
Hawaii supplement to the peer review report.
Status: in_force

(a) A firm required to undergo a peer review under this chapter shall engage the services of a practitioner or firm holding a permit issued under section 466-7 to perform the following procedures to supplement the peer review report:

(1) Obtain from the reviewed firm a list of Hawaii attest engagements included in the scope of the peer review, in accordance with the American Institute of Certified Public Accountants Standards for Performing and Reporting on Peer Reviews;

(2) Select one or more engagements from the list of engagements obtained from the reviewed firm;

(3) Obtain from the reviewed firm, the reports, financial statements, work papers, and work product resulting from the attest engagements selected;

(4) Read and compare the reports, work papers, and work product to an appropriate disclosure checklist to evaluate the firm's compliance with professional standards; and

(5) Document all instances of noncompliance with professional standards detected while performing the procedures listed in this section.

(b) The procedures required by this section shall be performed in accordance with the Statements on Standards for Attestation Engagements adopted by the American Institute of Certified Public Accountants.

(c) The Hawaii supplement to the peer review report to the firm and to the board shall state, at a minimum, the following:

(1) Name of firm;

(2) Date the Hawaii supplement to the peer review report was completed;

(3) Period that was reviewed;

(4) Any Hawaii office or offices selected;

(5) Number and type of Hawaii engagements reviewed;

(6) Any limitations that may have been imposed upon the peer reviewer in complying with subsection (a), including the selection of Hawaii engagements and peer review standards by the peer reviewer; provided that the acceptability of the limitations shall be subject to board approval; and

(7) The procedures performed and any instances of noncompliance with professional standards found.

(d) The practitioner or firm selected to perform the procedures required by this section shall:

(1) Hold a permit to practice under section 466-7;

(2) Not be affiliated with the firm being reviewed; and

(3) Be recognized as a qualified peer reviewer by a sponsoring organization. [L 2012, c 324, pt of §1; am L 2016, c 145, §3; am L 2017, c 167, §1]
Haw. Rev. Stat. § 442-10 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-10
Proceedings for revocation, suspension, limitation, restriction, or placement under probation of license.
Status: in_force

(a) In any proceeding for the revocation, suspension, limitation, restriction, or placement under probation of a license under this chapter for any act or condition listed in section 442-9, the person whose license is the subject of the proceeding shall be given notice and opportunity for hearing in conformity with chapter 91.

In any such proceeding, the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in such proceeding. The person whose license is the subject of the proceeding shall be entitled to require the board or any member thereof to subpoena and to administer oaths to any witness or witnesses who may be able to present evidence relevant in such proceeding, and shall be entitled to examine any such witness and any other witness in such proceeding. The circuit court of the circuit in which the proceeding is held shall have power to enforce by proper proceeding the attendance and testimony of witnesses in such proceeding.

(b) If any person called before the board as a witness in such proceeding, whether under subpoena or otherwise, except as privileged by law, refuses to answer any question which is relevant to the proceeding and is put to the witness by the board, a member thereof, or the person whose license is the subject of the proceeding, or disobeys any order of the circuit court relating to the proceeding, the board shall report the matter in writing to any judge of the circuit court of the circuit in which such proceeding is held and such person shall be cited to appear before the circuit judge to show cause why the person should not be punished for contempt of court under section 710-1077.

(c) Any person who wilfully and knowingly makes under oath any false statement in connection with any such proceeding before the board shall be guilty of perjury and shall be subject to the penalty prescribed by law for perjury. Whenever the board is satisfied that a witness has committed perjury in any proceeding before the board, it shall report the same to the prosecuting officer of the county in which the perjury took place, who shall prosecute the witness for perjury. [L 1949, c 151, §2; RL 1955, §60-10; am L 1965, c 96, §43; HRS §442-10; am L 1969, c 48, §5; am L 1984, c 95, §7 and c 243, §6]
Haw. Rev. Stat. § 437-27.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-27.5
Requirements to maintain license.
Status: in_force

A broker shall have and maintain in full force and effect a bond as required under section 437-18. 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 section 437-18 is received by the board.

Failure to effect a reinstatement of a suspended license within sixty days of the suspension shall cause the license and all fees to be forfeited.

A licensee may, within fifteen calendar days after receipt of notification of the license forfeiture, request an administrative hearing pursuant to chapter 91 to review the forfeiture. [L 1985, c 102, §3; am L 1989, c 299, §3; am L 1992, c 153, §6]
Haw. Rev. Stat. § 436E-11 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-11
REPEALED.
Status: in_force

L 1992, c 202, §182.
Haw. Rev. Stat. § 469-6 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-6
Revocation of license.
Status: in_force

A license may be revoked by the department of health upon proof to its satisfaction of violation of any rule or regulation of the department in any respect in regard thereto. Every person so charged shall be given notice and opportunity for hearing in conformity with chapter 91.
Haw. Rev. Stat. § 466J-8 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-8
Denial, revocation, or suspension of license.
Status: in_force

(a) The board shall have the power to deny, revoke, or suspend any license issued or applied for in accordance with this chapter, upon proof that the person:

(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice as a radiographer or as a radiation therapy technologist;

(2) Is mentally incompetent;

(3) Is guilty of unprofessional conduct; or

(4) Has knowingly or repeatedly violated this chapter.

(b) Before denying, suspending, or revoking any license pursuant to subsection (a), the board shall furnish the licensee a notice in writing as prescribed by section 91-9 and shall afford the licensee an opportunity to be heard in person and by or with counsel. Any order denying a license, or suspending or revoking a license shall be rendered not later than fifteen days after the hearing, and any aggrieved person may appeal the order as provided in chapter 91.

(c) The board shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the board has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the board shall issue, renew, restore, or reinstate the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. Subsection (b) shall not apply to a license suspension pursuant to this subsection. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §10; am L 1997, c 293, §20; am L 2002, c 226, §8; am L 2003, c 133, §12; am L 2014, c 9, §8; am L 2019, c 279, §7]
Haw. Rev. Stat. § 441-37 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-37
Trustee of perpetual care fund and pre-need trust.
Status: in_force

(a) Every perpetual care fund and pre-need trust shall be administered by a bank or a trust company authorized to do business in the State; or a board of trustees as defined in section 441-1. Each authority covered under this chapter shall file with the director a copy of an executed copy of the declaration of the fund or trust and any amendment thereto.

(b) The bank or trust company appointed as trustee shall file a notice with the director disclosing the name of the bank or trust company, business address, and such additional information as the director requires. A successor trustee shall be subject to the requirements stated in this section.

(c) The board of trustees appointed as trustee shall file the following:

(1) A notice with the director disclosing the names of its members;

(2) A sworn affidavit stating that its members are not affiliated with the authority which appointed it;

(3) A bond in the penal sum of $100,000 issued by a surety company authorized to do business in the State; and

(4) Evidence of the insurance required by section 441-41(b).

The bond required in this subsection may be filed either as a board or an individual board member for $100,000 and shall run to the State. The bond shall be conditioned that the board of trustees will faithfully, promptly, and truly account and pay over to all persons to or for whom it may hold money in trust all sums of money that may properly be due them. The director or any person claiming to have sustained damage by reason of any breach of the conditions of the bond may bring action on the bond for the recovery of any damages sustained therefrom. The liability of the surety shall not exceed the amount of the bond issued to the board of trustees. The bond shall continue in full force and effect. [L 1967, c 199, pt of §1; HRS §441-37; am L 1981, c 221, §19; am L 1985, c 101, §17]
Haw. Rev. Stat. § 467E-14 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-14
Consumer right of action.
Status: in_force

Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suits, including reasonable attorney's fees.
Haw. Rev. Stat. § 440E-5 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-5
Jurisdiction of director.
Status: in_force

(a) The director is vested with the sole jurisdiction, direction, management, and control over all mixed martial arts contests to be conducted, held, or given within the State. No mixed martial arts contest shall be conducted, held, or given within the State except in accordance with this chapter and the rules adopted by the director pursuant thereto.

(b) No mixed martial arts event shall take place unless the director has granted a permit for the proposed event. In addition, the director shall not allow any mixed martial arts contest unless:

(1) The contest consists of not more than five rounds of a duration of not more than five minutes each with an interval of at least one minute between each round and the succeeding round;

(2) Each contestant is not disqualified from competing in a similar mixed martial arts contest in another jurisdiction at the time of the contest and does not use stimulants or banned substances before or during the contest;

(3) Each mixed martial arts contestant is examined within six hours of the contest by at least one physician or osteopathic physician licensed under chapter 453 who shall certify in writing to the referee of the contest that the contestant is physically fit to engage therein;

(4) Each contestant furnishes to the director:

(A) A medical report of a medical examination completed not less than six months before the contest, including the results of HIV and hepatitis testing; and

(B) Previous fight records that establish the contestant's fitness to compete in the contest;

(5) The contest is under the control of a licensed referee in the ring who has at least one year of experience in refereeing a match or exhibition involving mixed martial arts and who has passed a physical examination by a physician or osteopathic physician licensed under chapter 453, including an eye examination, within two years prior to the contest;

(6) The promoter has complied with sections 440E-6 and 440E-7; and

(7) All licensees have complied with the requirements of this chapter and rules adopted in accordance with chapter 91, including any rules or requirements that protect the safety of the contestants to the extent feasible. [L 2007, c 279, pt of §1; am L 2009, c 11, §58; am L 2010, c 117, §3]
Haw. Rev. Stat. § 474-2 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-2
Business action center established; staff.
Status: in_force

(a) There is established within the department a business action center that shall provide information and services to coordinate, simplify, and expedite permit application processing for persons engaged in or intending to engage in business activities in the State. The center shall assist in the development of neighbor island operations that deliver similar services. The center shall also serve as an information clearinghouse that makes available to any person general information about state and federal laws and rules, county ordinances and rules, and financial assistance programs related to business activities.

(b) The center shall be headed by a supervisor who shall be appointed by the director without regard to chapter 76 and shall serve at the director's pleasure. The director may employ such other personnel as are required to carry out the functions of the center under this chapter. [L 2005, c 62, pt of §2]
Haw. Rev. Stat. § 456-20 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-20
Failure to verify identity and signature.
Status: in_force

(a) A person commits the offense of failure to verify identity if the person is a commissioned notary public and knowingly notarizes a document and if a witness to the signing of the instrument, fails to verify the identity of the signer by proof of the signer's signature and identity, or by obtaining satisfactory evidence of identity of a remotely located individual under section 456-23.

(b) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.

(c) A conviction under this section shall result in the automatic revocation of the notary public's commission. [L 2008, c 175, pt of §2; am L 2020, c 54, §18]
Haw. Rev. Stat. § 437D-19 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-19
Civil penalties.
Status: in_force

Any person who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair and deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.
Haw. Rev. Stat. § 455-3 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-3
Education requirements.
Status: in_force

Each applicant shall be a graduate of a school, university, or college of naturopathic medicine that has received candidacy status with, or has been accredited by, a regional or a national accrediting body recognized by the United States Department of Education; provided that any applicant who graduated from a college of naturopathic medicine prior to 1987 shall be deemed qualified if the college was approved by the board prior to 1987 and has been accredited by a regional or national accrediting body recognized by the United States Department of Education.
Haw. Rev. Stat. § 454M-12 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-12
[ §454M-12] Change in control of a licensee; fees.
Status: in_force

[ §454M-12] Change in control of a licensee; fees. (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 an application requesting approval of a proposed change of control under subsection (a) if, after investigation, the commissioner determines that:

(1) The person or group of persons who will obtain control will be in compliance with this chapter upon approval of the application ;

(2) The person or group of persons who will obtain control has 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

(3) The interests of the public will not be jeopardized by the change of control. [L 2017, c 46, pt of §1]
Haw. Rev. Stat. § 462A-6 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-6
Duration and renewal of license.
Status: in_force

All licenses shall expire on June 30 of even-numbered years. All applicants for renewal of license shall submit a renewal application pursuant to section 436B-13 and comply with all applicable rules of the department. No applicant shall be denied a renewal of the applicant's license, except as provided in this chapter, as long as the applicant possesses the qualifications established by the department and remains in active service as a pilot in the State.
Haw. Rev. Stat. § 458-9.5 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-9.5
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

(a) Notwithstanding any law to the contrary, the director of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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, §20]
Haw. Rev. Stat. § 452-7 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-7
§§452-7 and 452-8 REPEALED.
Status: repealed

§§452-7 and 452-8 REPEALED. L 1992, c 202, §§209, 210.
Haw. Rev. Stat. § 445-95.6 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-95.6
Suits by individuals.
Status: in_force

Any person injured by a violation of section 445-95.2 has a private right of action and may bring a civil action to recover three times the person's actual damages or $1,000 for each violation, whichever sum is greater. Any person bringing such an action shall also be entitled to recover the person's costs together with reasonable attorneys' fees.
Haw. Rev. Stat. § 456-25 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-25
[ §456-25] Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic
Status: in_force

[ §456-25] Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record . (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic documents. No person shall require a notary public to perform a notarial act with respect to an electronic document using a technology that the notary public has not selected.

(b) Prior to the performance of an initial notarial act with respect to an electronic document, the notary public shall notify the attorney general that the notary public will be performing notarial acts with respect to electronic documents and identify the technology the notary public intends to use; provided that the technology selected by a remote online notary public for remote online notarizations shall conform to the attorney general's standards developed for this chapter.

(c) The registrar of conveyances may accept for recording under chapter 502 a tangible copy of an electronic document containing a notarial certificate as satisfying any requirement that a document accepted for recording be an original; provided that the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic document. [L 2020, c 54, pt of §2]
Haw. Rev. Stat. § 441-22.2 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-22.2
Pre-need trusts required.
Status: in_force

Every cemetery and pre-need funeral authority shall maintain one or more trusts for deposit of payments received from purchasers of pre-need services.
Haw. Rev. Stat. § 436H-12.5 — HI Code / Division 2 / Title 25 / Chapter 436H / Section 436H-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, §3]
Haw. Rev. Stat. § 460J-23.5 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-23.5
Subcontracting.
Status: in_force

Notwithstanding any provisions of this chapter, any individual who is licensed by the board as an operator in both the branches of general pest and termite control may subcontract for the actual performance of fumigation with an individual who is licensed by the board as an operator in the branch of fumigation.

Nothing herein contained shall permit or authorize any licensee to perform, or attempt to perform, advertise, or hold out to the public or to any person that the licensee is authorized, qualified, or licensed to perform, pest control work in any branch, or by any method, for which the licensee is not licensed.

Subcontracting of work, as permitted herein, shall not relieve the prime contractor or the subcontractor from responsibility for, or from disciplinary action because of, any act or omission on the contractor's or subcontractor's part, which would otherwise be a ground for disciplinary action. [L 1975, c 91, §1; gen ch 1985]
Haw. Rev. Stat. § 454F-44 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-44
Standing.
Status: in_force

The commissioner shall have standing to intervene in and defend any action to recover from the mortgage loan recovery fund, including by entering an appearance, filing an answer, appearing at court hearings, and taking any recourse through appropriate methods of review. The commissioner or the commissioner's legal representative shall be served with all pleadings in any action pursuant to this section.
Haw. Rev. Stat. § 441-40 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-40
Application of principal and income; responsibility of trustee.
Status: in_force

(a) The trustee shall be held responsible for all payments received for deposit in the perpetual care fund and pre-need trust. The trustee shall not withdraw money from the income of the perpetual care fund unless the cemetery authority submits a certified statement that withdrawals shall be used for the perpetual care of the cemetery, including reasonable administrative expenses incurred in connection with operating a perpetual care cemetery. Further, the trustee shall not withdraw money from the principal of the pre-need trust unless the cemetery or pre-need funeral authority submits a certified statement that the person entitled to the pre-need services or the assignee has received the services or that the purchaser has requested a refund of moneys.

(b) For the purposes of asset management and safekeeping of the funds, the trustee shall have the authority to inquire into the propriety of expenditures made by a cemetery and pre-need funeral authority in connection with the operation of the authority's business.

(c) The cemetery and pre-need funeral authority shall provide the trustee with the findings of the annual audit and actuarial study, which shall serve as guidelines in the management and safekeeping of the funds. [L 1967, c 199, pt of §1; HRS §441-40; am L 1985, c 101, §20]
Haw. Rev. Stat. § 441-30.5 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-30.5
Transfer of license.
Status: in_force

(a) No license issued under this chapter shall be transferred, assigned, or loaned to another person. Any transaction involving the transfer of a licensee's business to another person shall require the prior approval of the director.

(b) The director may disapprove the proposed transfer of a license:

(1) For failure of the current licensee to meet and satisfy the requirements of section 441-46;

(2) For failure of the person intending to assume the current licensee's business to meet and satisfy the requirements of section 441-21; or

(3) In the interest of the contract holders of the current licensee.

(c) Within sixty days after receipt of the notification of disapproval of the transfer of the licensee's business, the licensee may request an administrative hearing to review the disapproval pursuant to chapter 91. [L 1988, c 73, §1]
Haw. Rev. Stat. § 462A-19 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-19
Exempt vessels.
Status: in_force

This chapter does not apply to:

(1) Any vessel required by the laws of the United States of America to be under the direction and control of a federally licensed pilot;

(2) Public vessels of the United States of America;

(3) Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States of America;

(4) Tugs or towboats of 1,600 gross tons or less which are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water which the vessel is traversing; or

(5) Vessels under 300 gross tons.

This section provides minimum pilotage requirements, and is not intended to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor does it limit the department's right to require additional pilotage should that department determine it is necessary to ensure safety in the ports or shore waters of the State. [L 1978, c 231, pt of §2; am L 1984, c 111, §1; am L 1985, c 126, §13; am L 1988, c 131, §3; am L 1991, c 27, §3; am L 2015, c 48, §4]
Haw. Rev. Stat. § 445-134.12 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.12
Pawn finance charge.
Status: in_force

(a) Pawn finance charges shall be deemed to be earned at the time the agreement for the pawn transaction is made and shall not be subject to a refund.

(b) The maturity date of any pawn transaction may be changed to a subsequent date no more than two times by agreement between the customer and the pawnbroker upon payment of the pawn finance charge, and in that event the pawnbroker may contract for and receive another pawn finance charge computed in accordance with this part as for a new transaction.

(c) Pledged goods not redeemed by the customer on or before the date fixed as the maturity date for the transaction in the pawn agreement shall be held by the pawnbroker for at least thirty days following the maturity date, and may be redeemed by the original customer within the holding period by the payment of an additional pawn finance charge equal to one-thirtieth of the pawn finance charge stated in the pawn transaction agreement for each day following the maturity date, including the day on which the pledged goods are redeemed.

(d) Where a pawnbroker is conducting business in accordance with this part, the pawn finance charge shall not be governed by chapter 478. [L 1992, c 192, pt of §2]
Haw. Rev. Stat. § 457G-3 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-3
§§457G-3 and 457G-4 REPEALED.
Status: repealed

§§457G-3 and 457G-4 REPEALED. L 2014, c 209, §§6, 7.
Haw. Rev. Stat. § 445-14 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-14
Limits of license.
Status: in_force

Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license. A license granted to carry on a business from place to place shall be limited to the county in which the business is to be conducted.
Haw. Rev. Stat. § 453-15 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-15
Who shall give consent to a postmortem examination.
Status: in_force

A pathologist or any licensed physician, osteopathic physician, or surgeon may conduct a postmortem examination when written consent thereto is given by whoever of the following assumes custody of the body for purposes of burial: father, mother, husband, wife, reciprocal beneficiary, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend or person, including a governmental agency, charged by law with the responsibility for the burial. If two or more persons assume custody of the body, the consent of one of them is sufficient. The consent shall include the consent to the retention by the pathologist or licensed physician, osteopathic physician, or surgeon who conducts the postmortem examination of tissues, including fetal material, of the body removed at the time of the postmortem examination to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes.
Haw. Rev. Stat. § 446E-1.7 — HI Code / Division 2 / Title 25 / Chapter 446E / Section 446E-1.7
Powers and duties of the director.
Status: in_force

The director may adopt rules in accordance with chapter 91 to carry out the functions, powers, and duties set forth in this chapter.
Haw. Rev. Stat. § 451A-2 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-2
License required.
Status: in_force

(a) Except as otherwise provided in this chapter, it shall be unlawful for any person not licensed under this chapter to engage in the sale or practice of dealing and fitting of hearing aids or to use any sign, card, or device to indicate that the person is licensed.

(b) Any person wishing to obtain a license or a license by endorsement shall apply on a form prescribed by the director and shall furnish to the director:

(1) Satisfactory proof that the person is a high school graduate; and

(2) Satisfactory proof that the person has fulfilled all of the requirements for a license.

(c) An applicant shall be required to pass a licensing examination. [L 1969, c 205, pt of §1; am L 1985, c 15, §2; am L 1986, c 25, §2; am L 1991, c 29, §1; am L 1992, c 202, §91; am L 1997, c 88, §3; am L 2018, c 173, §2]
Haw. Rev. Stat. § 468M-14 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-14
Consumer right of action.
Status: in_force

Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suit, including reasonable attorney's fees.
Haw. Rev. Stat. § 442-12 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-12
Display of license certificate.
Status: in_force

Every holder of a license shall display the holder's license certificate in a conspicuous place in the holder's principal place of business or place of employment.
Haw. Rev. Stat. § 440G-14 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-14
Reports.
Status: in_force

Each cable operator shall file with the director reports of its financial, technical, and operational condition and its ownership. The reports shall be made in a form and on the time schedule prescribed by the director and shall be kept on file open to the public.
Haw. Rev. Stat. § 451J-7 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-7
Application for licensure.
Status: in_force

Any person who files an application with the department after December 31, 1998, shall be issued a license by the department if the applicant provides satisfactory evidence to the department that the applicant is qualified for licensure pursuant to the requirements of this chapter and meets the following qualifications:

(1) Has completed a master's degree or doctoral degree from an accredited educational institution in marriage and family therapy or in an allied field related to the practice of mental health counseling which includes or is supplemented by graduate level course work comprising a minimum of thirty-three semester, or forty-four quarter hours in the following course areas:

(A) Marriage and family studies--nine semester or twelve quarter hours;

(B) Marriage and family therapy studies--nine semester or twelve quarter hours;

(C) Human development--nine semester or twelve quarter hours;

(D) Ethical and professional studies--three semester or four quarter hours; and

(E) Research--three semester or four quarter hours;

(2) Has one year practicum with three hundred hours supervised client contact;

(3) Completes one thousand hours of direct marriage and family therapy, and two hundred hours clinical supervision in not less than twenty-four months; and

(4) Has passed the National Marriage and Family Therapy Exam in accordance with section 451J-8.

An individual who is a clinical member of the association shall be deemed to have met the educational and clinical experience requirements of this section. [L 1998, c 159, pt of §2; am L 2009, c 11, §8]
Haw. Rev. Stat. § 455-8 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-8
License to practice; biennial registration; continuing education.
Status: in_force

(a) Licenses to practice naturopathic medicine shall be issued by the board to those who qualify according to this chapter. Naturopathic physicians licensed under this chapter shall observe and be subject to all state requirements relative to reporting births and all matters pertaining to the public health with equal rights and obligations as physicians, surgeons, and practitioners of other schools of medicine. These equal rights shall apply to all matters of public health, including the performance of medical examinations and evaluations.

(b) Every licensee shall renew the licensee's license on or before December 31 of each odd-numbered year. Failure to renew the license on or before December 31 of each odd-numbered year shall automatically constitute a forfeiture of the license; provided that the license shall be restored upon written application therefor together with payment of the renewal fee, all delinquent fees, a penalty fee, and, beginning with the December 31, 2017, renewal, satisfactory proof of compliance with the continuing education requirements set forth in this section.

(c) Beginning with the December 31, 2017, renewal and prior to every biennial renewal thereafter, each licensee shall complete at least thirty-five hours of continuing education courses within the two-year period preceding the renewal date, including a minimum of fifteen hours of continuing education courses in pharmacology within every licensing biennium.

(d) A licensee who graduated from a school, university, or college of naturopathic medicine pursuant to section 455-3 within one year of the licensee's first renewal period shall not be subject to the continuing education requirement for the first license renewal.

(e) Each licensee shall be responsible for maintaining the licensee's continuing education records, including but not limited to certificates of completion of the continuing education courses.

(f) Prior to December 31 of each odd-numbered year, each licensee shall:

(1) Complete the renewal form prescribed by the board and certify that the licensee has complied with the continuing education requirement of this section for the applicable renewal period; and

(2) Submit evidence of completion of the continuing education courses taken during the applicable renewal period to the board, including but not limited to certificates of completion. At a minimum, documentation shall contain the following information:

(A) Name of the licensee;

(B) Title of the continuing education course taken;

(C) Date that the continuing education course was taken;

(D) Name of the professional association or organization that approved the continuing education course;

(E) Number of hours for the course; and

(F) Number of hours for the course in pharmacology. [L 1925, c 77, pt of §1; RL 1935, §1303; am L 1937, c 221, §6; RL 1945, §2657; RL 1955, §66-8; am L 1957, c 316, §7; am L Sp 1959 2d, c 1, §19; HRS §455-8; am L 1969, c 106, §4; am L 1975, c 118, §18; am L 1978, c 162, §4; am L 1982, c 112, §5; am L 1984, c 7, §39; am L 1986, c 76, §12; am L 1990, c 77, §1; am L Sp 2009, c 22, §8; am L 2014, c 222, §2]
Haw. Rev. Stat. § 452-6 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-6
Powers and duties of the board.
Status: in_force

(a) The board shall adopt rules pursuant to chapter 91 for the purposes of this chapter.

(b) In addition to any other powers and duties authorized by law, the board may grant, or upon proof of violation of this chapter or the rules adopted by the board governing the practice under this chapter, revoke, suspend, or refuse to renew a license as provided in this chapter.

(c) The board shall adopt rules pursuant to chapter 91 relating to massage therapist apprenticeship and training including rules establishing qualifications for apprenticeship permits and training programs and the requirements to be met by massage therapist apprentices prior to taking the massage therapist license examination.

(d) The executive secretary, under the direction of the board, shall issue subpoenas for the attendance of witnesses before the board with the same effect as if the subpoenas were issued in an action in the circuit court, and shall, under the direction of the board, administer oaths in all matters pertaining to the duties of the executive secretary's office or connected with the administration of the affairs of the board. Disobedience of a subpoena and false swearing before the executive secretary or the board shall be attended by the same consequences and be subject to the same penalties as if the disobedience or false swearing occurred in an action in the circuit court. [L 1947, c 192, pt of §6; am L 1949, c 97, pt of §1; RL 1955, §63-6; am L 1965, c 96, §45; HRS §452-6; am L 1979, c 105, §44; am L 1980, c 208, §8; am L 1981, c 65, §4; gen ch 1985; am L 1986, c 99, §4; am L 1989, c 204, §4; am L 1992, c 202, §96]
Haw. Rev. Stat. § 440E-10 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-10
Licenses, limitations, renewals.
Status: in_force

(a) No mixed martial arts contest shall be conducted, held, or given unless all the parties participating, as designated in this chapter, are licensed by the director, and it shall be unlawful for any individual or promoter to participate in a contest in any capacity designated in this chapter unless the person is licensed to do so.

(b) The director may limit the number of licenses issued for any purpose as specified in this chapter and may limit the number of mixed martial arts contests conducted, held, or given in any county.

(c) All licenses shall be for a period of not more than two years and all licenses shall expire on June 30 of each odd‑numbered year.

(d) The director, at the director's discretion and upon application and payment of fees by the licensee, may renew a license for the following biennium. Failure to timely apply for renewal of any license shall result in the automatic forfeiture of the license. Any applicant whose license has been forfeited shall file an application for a new license and meet all current requirements, including successful passage of the examination, as the case may be, for the license.

(e) Every individual or promoter licensed under this chapter shall be subject to the rules adopted by the director. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 467B-15 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-15
Solicitation of funds for charitable purposes special fund.
Status: in_force

There is established in the state treasury the solicitation of funds for charitable purposes special fund, into which shall be deposited all fees, fines, penalties, attorneys' fees, and costs of investigation collected under this chapter. Moneys in the fund may be expended by the attorney general for the enforcement of this chapter, the dissemination of public information, and the oversight of charities and professional fundraisers.
Haw. Rev. Stat. § 448H-6 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-6
Qualifications for license.
Status: in_force

No person shall be licensed as an elevator mechanic unless the person has satisfactorily passed the examination administered by the board and satisfactorily completed at least four years of training under the supervision of a licensed elevator mechanic.
Haw. Rev. Stat. § 466K-4 — HI Code / Division 2 / Title 25 / Chapter 466K / Section 466K-4
Practice as a real estate appraiser; uniform standards.
Status: in_force

(a) No person may practice as a real estate appraiser in this State unless that person has been licensed or certified to practice in accordance with this chapter and rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. All real estate appraisers who are licensed or certified to practice in this State shall comply with the current Uniform Standards of Professional Appraisal Practice approved by the director when performing appraisals in connection with a federally or non-federally related real estate transaction, or certify compliance with the current Uniform Standards of Professional Appraisal Practice in connection with any arbitration proceeding to determine the fair market value, fair market rental value, or fair and reasonable rent of real estate.

(b) This section shall not apply to any real estate appraiser employed by any county for purposes of valuing real property for ad valorem taxation.

(c) This section shall not apply to a real estate broker or real estate salesperson licensed pursuant to chapter 467 who provides an opinion as to the estimated price of real estate, regardless of whether the real estate licensee receives compensation, a fee, or other consideration for providing the opinion; provided that:

(1) The opinion as to the estimated price of real estate shall state that it is not an appraisal;

(2) The real estate licensee shall not represent that the licensee is a certified or licensed real estate appraiser; and

(3) If the real estate licensee receives compensation related to the sale of property, the licensee shall not receive any additional compensation, fee, or other consideration for providing an opinion as to the estimated price of that property. [L 1998, c 180, §1; am L 1999, c 287, §3; am L 2011, c 212, §1 and c 227, §3]
Haw. Rev. Stat. § 453-8 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8
Revocation, limitation, suspension, or denial of licenses.
Status: in_force

(a) In addition to any other actions authorized by law, any license to practice medicine and surgery may be revoked, limited, or suspended by the board at any time in a proceeding before the board, or may be denied, 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 any person to solicit patients for one's self;

(3) Engaging in false, fraudulent, or deceptive advertising, including but not limited to:

(A) Making excessive claims of expertise in one or more medical specialty fields;

(B) Assuring a permanent cure for an incurable disease; or

(C) Making any untruthful and improbable statement in advertising one's medical or surgical practice or business;

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

(5) Practicing medicine while the ability to practice is impaired by alcohol, drugs, physical disability, or mental instability;

(6) Procuring a license through fraud, misrepresentation, or deceit, or knowingly permitting an unlicensed person to perform activities requiring a license;

(7) Professional misconduct, hazardous negligence causing bodily injury to another, or manifest incapacity in the practice of medicine or surgery;

(8) Incompetence or multiple instances of negligence, including but not limited to the consistent use of medical service, which is inappropriate or unnecessary;

(9) Conduct or practice contrary to recognized standards of ethics of the medical profession as adopted by the Hawaii Medical Association, the American Medical Association, the Hawaii Association of Osteopathic Physicians and Surgeons, or the American Osteopathic Association;

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

(11) Revocation, suspension, or other disciplinary action by another state or federal agency of a license, certificate, or medical privilege, except when the revocation, suspension, or other disciplinary action was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;

(12) Conviction, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions, or duties of a physician or osteopathic physician, notwithstanding any statutory provision to the contrary, except when the conviction was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;

(13) Violation of chapter 329, the uniform controlled substances act, or any rule adopted thereunder except as provided in section 329-122;

(14) Failure to report to the board, in writing, any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days after the disciplinary decision is issued; or

(15) Submitting to or filing with the board any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement or omission of fact.

(b) If disciplinary action related to the practice of medicine has been taken against the applicant by another state or federal agency, or if the applicant reveals a physical or mental condition that would constitute a violation under this section, then the board may impose one or more of the following requirements as a condition for licensure:

(1) Physical and mental evaluation of the applicant by a licensed physician or osteopathic physician approved by the board;

(2) Probation, including conditions of probation as requiring observation of the licensee by an appropriate group or society of licensed physicians, osteopathic physicians, or surgeons;

(3) Limitation of the license by restricting the fields of practice in which the licensee may engage;

(4) Further education or training or proof of performance competency; and

(5) Limitation of the medical practice of the licensee in any reasonable manner to assure the safety and welfare of the consuming public;

provided that the board shall not impose as a condition for licensure any of the requirements pursuant to this subsection if the disciplinary action related to the practice of medicine taken against the applicant was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State.

(c) Notwithstanding any other law to the contrary, the board may deny a license to any applicant who has been disciplined by another state or federal agency, except on the basis of discipline for the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State. Any final order of discipline taken pursuant to this subsection shall be a matter of public record.

(d) Where the board has reasonable cause to believe that a licensee is or may be unable to practice medicine with reasonable skill and safety to protect patients, the board may order the licensee to submit to a mental or physical examination or any combination thereof, by a licensed practitioner approved by the board, at the licensee's expense. The examination may include biological fluid testing and other testing known to detect the presence of alcohol or other drugs. In addition:

(1) Any licensee shall be deemed to have consented to submit to a mental or physical examination when so directed by the board and to have waived all objection to the use or referral of information by the board to determine whether the licensee is able to practice medicine with reasonable skill and safety to protect patients;

(2) The board may seek to enforce an order directing a licensee to submit to a mental or physical examination in the circuit court in the county in which the licensee resides;

(3) Failure of a licensee to submit to an examination ordered under this subsection shall constitute grounds for summary suspension of the licensee's license; and

(4) The board may take any action authorized under this chapter based on information obtained under this subsection.

(e) Any person licensed by the board, including a physician, surgeon, or physician assistant, who provides information to the board indicating that a board licensee may be guilty of unprofessional conduct or may be impaired because of drug or alcohol abuse or mental illness shall not be liable for any damages in any civil action based on the communication. The immunity afforded by this section shall be in addition to any immunity afforded by section 663-1.7, if applicable, and shall not be construed to affect the availability of any absolute privilege under sections 663-1.7 and 671D-10. [L 1896, c 60, §7; am L 1917, c 116, §1; RL 1925, §1029; am L 1925, c 26, §5; RL 1935, §1208; am L 1939, c 183, pt of §1; am L 1941, c 4, §2; RL 1945, §2507; am L 1947, c 201, pt of §1; am L 1949, c 108, §1; RL 1955, §64-7; am L Sp 1959 2d, c 1, §19; am L 1965, c 218, §6; HRS §453-8; am L 1969, c 257, §6; am L 1974, c 205, §2(15); am L 1976, c 219, §10; am L 1977, c 167, §13; am L 1982, c 227, §3; am L 1983, c 22, §1 and c 92, pt of §1(5); am L 1984, c 16, §1; am L 1986, c 144, §2; am L 1987, c 76, §1; am L 1988, c 110, §6; am L 1989, c 181, §4; am L 1992, c 177, §3 and c 202, §101; am L 2000, c 228, §3; am L 2008, c 5, §11; am L 2013, c 219, §2; am L 2016, c 38, §7; am L 2023, c 2, §7]
Haw. Rev. Stat. § 454M-8.7 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-8.7
Enforcement authorities.
Status: in_force

(a) If the commissioner has reason to believe that a person has violated or is violating section 454M-2, the commissioner may issue orders or directives under this chapter as follows:

(1) Order or direct persons subject to this chapter to cease and desist from conducting business, including immediate temporary orders to cease and desist;

(2) Order or direct persons subject to this chapter to cease any harmful activities or violations of this chapter, including immediate temporary orders to cease and desist;

(3) Enter immediate temporary orders to cease doing business under a license issued pursuant to the authority granted under this chapter if the commissioner determines that the license was erroneously granted or the licensee or any person subject to this chapter is currently in violation of this chapter; or

(4) Order or direct any other affirmative action as the commissioner deems necessary.

(b) An order to cease and desist becomes effective upon service of the order upon the person.

(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 91.

(d) The commissioner shall commence an administrative proceeding within twenty days after issuing an order to cease and desist. [L 2019, c 75, §1]
Haw. Rev. Stat. § 437-34 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-34
Credit sale contracts, when purchase of unlawful.
Status: in_force

No person engaged in the business of buying credit sale contracts from motor vehicle dealers in this State, and no officer, agent, or representative of such person, shall purchase or attempt to purchase any such credit sale contract from any motor vehicle dealer in this State:

(1) When the dealer in consequence of any contract, agreement, or arrangement between such person and a manufacturer or distributor supplying motor vehicles to the dealer has been induced or coerced to sell such credit sale contract by means of any statement, suggestion, promise, or threat, made, directly or indirectly, that the manufacturer or distributor supplying motor vehicles to the dealer would in any manner injure or benefit the dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made, directly or indirectly, that the dealer is under any obligation whatsoever to make such sale;

(2) When such person has received or has contracted to receive from any manufacturer or distributor supplying motor vehicles to the dealer, or has given or contracted to give to the manufacturer or distributor, any subsidy or thing of service or value, where the effect of the giving or receiving of such subsidy or thing of service or value may be to lessen or eliminate competition in the business of purchasing credit sale contracts from motor vehicle dealers or tend to grant an unfair trade advantage or to create a monopoly in such person. [L 1939, c 258, §18; RL 1945, §7379; am L 1951, c 90, pt of §1; RL 1955, §160-179; HRS §437-34; am L 1987, c 283, §29]
Haw. Rev. Stat. § 455-4 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-4
State board of naturopathic medicine.
Status: in_force

The governor shall appoint the board of naturopathic medicine, consisting of five members. Each member shall serve until the member's successor is appointed and qualified. Three members of the board, before appointment, shall have been licensed as a naturopathic physician in the State and two shall be public members. The members of the board may elect a chairperson and a vice-chairperson who shall each serve one year or until a successor is elected.
Haw. Rev. Stat. § 436B-25 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-25
Judicial review by circuit court.
Status: in_force

Any person aggrieved by a final decision and order of the board in a "contested case", as defined in chapter 91, is entitled to judicial review thereof by the circuit court of the circuit in which the board making the final decision and order has jurisdiction. The review shall be as provided by chapter 91.
Haw. Rev. Stat. § 453-7 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-7
Form of license.
Status: in_force

The form of license to practice medicine and surgery shall be substantially as follows:

State of Hawaii, Hawaii Medical Board

License to Practice Medicine and Surgery

....................., having been duly examined by the Hawaii Medical Board, and having been found to be possessed of the necessary qualifications, is hereby licensed to practice medicine and surgery in the State of Hawaii.

This license is granted and accepted on the express condition that it may be revoked at any time for any of the causes enumerated in section 453-8, Hawaii Revised Statutes, which cause or causes shall have been proven to the satisfaction of the Hawaii Medical Board.

Given under the seal of the Hawaii Medical Board this .......... day of ..................., A.D. ..........

By .....................

Chairperson, Hawaii Medical Board

The form of temporary and limited license to practice medicine and surgery shall be substantially as follows:

State of Hawaii, Hawaii Medical Board

Limited and Temporary License to Practice

Medicine and Surgery

...................., having been duly considered by the Hawaii Medical Board, and having been found to be possessed of the necessary qualifications, is hereby temporarily licensed to practice medicine and surgery in the State of Hawaii, subject to the following conditions and limitations: ...................

..................................... .......................

This temporary and limited license is granted and accepted on the express condition that it may be revoked at any time for any of the causes enumerated in section 453-8, Hawaii Revised Statutes, or for any violation of the conditions and limitations contained herein.

Given under the seal of the Hawaii Medical Board this .......... day of ...................., A.D. ....................

By .....................

Chairperson, Hawaii Medical Board
Haw. Rev. Stat. § 441-6 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-6
When dedication complete; effect of dedication.
Status: in_force

Upon the recordation or filing of a map or plat and certificate of dedication pursuant to sections 441-2 and 441-3, the dedication is complete with respect to all property or parts thereof which are described or depicted in or on both the certificate of dedication and map or plat for all purposes and thereafter the property shall be occupied and used exclusively for cemetery purposes.
Haw. Rev. Stat. § 453-32.51 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-32.51
Limited provisional licensure.
Status: in_force

(a) The Hawaii medical board shall approve limited provisional licensure of an applicant under this section if the applicant:

(1) Has graduated from a board or state-approved training program as developed and promulgated by the United States Department of Transportation, if required for the applicable level of practice;

(2) Has passed the written and practical examinations of the National Registry of Emergency Medical Technicians for that level of practice;

(3) Holds a current certificate from the National Registry of Emergency Medical Technicians for that level of practice;

(4) Has submitted a letter verifying acceptance into a period of peer review as an emergency medical technician, advanced emergency medical technician, mobile intensive care technician, or paramedic;

(5) Has filed a completed application with the board; and

(6) Has paid all the required fees.

(b) Limited licensure of any applicant shall be restricted to a maximum of one year.

(c) All privileges under this section shall automatically cease if the applicant receives licensure under section 453-32 or 453-32.1 or is no longer participating in a period of peer review. [L 1996, c 147, §1; am L 2008, c 9, §3; am L 2021, c 119, §9]
Haw. Rev. Stat. § 445-233.5 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-233.5
Payment for copper, palladium, platinum, or rhodium purchased by scrap dealer or recycler; check; mailing.
Status: in_force

(a) If the scrap dealer or recycler, as applicable, purchases any copper, palladium, platinum, or rhodium, payment for the copper, palladium, platinum, or rhodium shall be made by check payable to the seller. At the time of sale of the copper, palladium, platinum, or rhodium, the seller shall present to the scrap dealer or recycler a valid photo identification card or driver's license of the seller issued by a federal or state government agency authorized to issue valid identification. The check may be mailed to the address shown on the identification, or the scrap dealer or recycler may arrange for the check to be picked up personally by the seller at the place of business of the scrap dealer or recycler.

(b) As used in this section, "recycler" means a person who is engaged in the business of recycling, as defined in section 342G-1. [L 2008, c 91, §2; am L 2022, c 88, §7]
Haw. Rev. Stat. § 460J-16 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-16
Hearings.
Status: in_force

In all proceedings before it, the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit judges at chambers. In case of disobedience by any person of any order of the board or of any member thereof, or of any subpoena issued by it or a member, or the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the board or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein.
Haw. Rev. Stat. § 436B-19 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-19
Grounds for refusal to renew, reinstate or restore and for revocation, suspension, denial, or condition of licenses.
Status: in_force

In addition to any other acts or conditions provided by law, the licensing authority may refuse to renew, reinstate or restore, or 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 the licensee or the applicant thereof:

(1) Failure 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, or cocaine, or other drugs or derivatives of a similar nature;

(4) Practicing the licensed profession or vocation 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 or vocation;

(8) Failure to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity;

(9) Conduct or practice contrary to recognized standards of ethics for the licensed profession or vocation;

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

(11) 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;

(12) Failure to comply, observe, or adhere to any law in a manner such that the licensing authority deems the applicant or holder to be an unfit or improper person to hold a license;

(13) Revocation, suspension, or other disciplinary action by another state or federal agency against a licensee or applicant for any reason provided by the licensing laws or this section;

(14) Criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of the licensed profession or vocation;

(15) Failure to report in writing to the licensing authority any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;

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

(17) Violating this chapter, the applicable licensing laws, or any rule or order of the licensing authority. [L 1991, c 111, pt of §2; am L 1992, c 202, §16]
Haw. Rev. Stat. § 449-7.4 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-7.4
Grant of approval.
Status: in_force

(a) Following the hearing on the application, if any, the commissioner shall issue a written decision and order. If the commissioner decides in favor of the application, the commissioner shall issue a license to act as an escrow depository pursuant to section 449-8.

(b) Approval shall be granted only if the commissioner finds that the character, financial responsibility, experience, ability, and general fitness of the officers and directors are such as to command the confidence of the community in the State and to warrant the beliefs that the officers and directors are competent to successfully manage an escrow business and the applicant will be an honest and efficient escrow depository.

(c) In granting approval, the commissioner may impose such conditions and restrictions as shall be in the public interest, including without limitation requiring an applicant to fulfill representations contained in its application and agreements made during the application process. [L 1992, c 205, pt of §1]
Haw. Rev. Stat. § 459-14 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-14
Penalty.
Status: in_force

Any person practicing optometry in violation of this chapter or any rule may be fined up to $500 or be imprisoned not more than six months, or both, for each separate violation, and each day of the violation shall constitute a separate offense.
Haw. Rev. Stat. § 461-19 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-19
Application of law.
Status: in_force

This chapter shall not apply to any practitioner legally licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the practitioner's practice when the practitioner is handling drugs in the course of the practitioner's professional duties or prohibit the practitioner from personally supplying the practitioner's own patients with such prescription drugs if the prescription drugs fall within the practitioner's scope of authorized practice.
Haw. Rev. Stat. § 440-34 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-34
Violations; penalty.
Status: in_force

Any individual or club in violation of this chapter or the rules of the commission shall be fined not more than $5,000 for each violation or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 453-8.2 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8.2
Disciplinary action.
Status: in_force

(a) In addition to any other actions authorized by law, in disciplining a licensee in a proceeding held in conformity with chapter 91, the board may impose one or more of the following sanctions:

(1) Place the licensee on probation, including conditions of probation as requiring observation of the licensee by an appropriate group or society of licensed physicians, osteopathic physicians, or surgeons;

(2) Suspend the license;

(3) Revoke the license;

(4) Limit the license by restricting the fields of practice in which the licensee may engage;

(5) Fine the licensee, including assessment against the licensee of the costs of the disciplinary proceedings. Any fine imposed by the board after a hearing in accordance with chapter 91 shall be not less than $500 and not more than $5,000 for each violation, exclusive of the costs of the disciplinary proceedings;

(6) Require further education or training, or require proof of performance competency; or

(7) Censure or reprimand.

(b) Unless otherwise expressly provided, the actions, remedies, or penalties provided by this chapter are cumulative to each other and to the actions, remedies, or penalties available under all other laws of this State. [L 1976, c 219, pt of §14; am L 1983, c 92, pt of §1(6); am L 1986, c 144, §3; am L 1992, c 202, §102; am L 2004, c 26, §1; am L 2008, c 5, §13]
Haw. Rev. Stat. § 449-13 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-13
Cancellation of bonds or insurance; withdrawal of deposits.
Status: in_force

None of the bonds or insurance or deposits in lieu thereof required by this chapter shall be canceled or withdrawn as to future accruing liability except upon prior written notice to the commissioner: sixty days' notice for the bonds or deposits, and thirty days' notice for the insurance. The license of any licensee shall be suspended upon cancellation of any bond or insurance or upon withdrawal of any deposit in lieu thereof.