Haw. Rev. Stat. § 466-34 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-34
Enrollment and participation.
Status: in_force

(a) Every firm, including the Hawaii offices and Hawaii engagements of foreign or multistate firms, that is required to obtain a firm permit to practice pursuant to section 466-7 shall undergo a peer review every three years. The firm's Hawaii offices, if any, and Hawaii attest engagements shall be included in the scope of the peer review performed in accordance with the American Institute of Certified Public Accountants Standards for Performing and Reporting on Peer Reviews.

(b) All firms subject to this part and performing Hawaii attest work as of December 31, 2014, shall enroll in the applicable program of an approved sponsoring organization by December 31, 2015, notify the board of enrollment in that program, and have a peer review performed by December 31, 2017.

(c) Any firm that begins performing Hawaii attest work after December 31, 2014, shall:

(1) Notify the board within thirty days of the beginning of the performance of attest work;

(2) Enroll in the applicable programs of an approved sponsoring organization within one year from its initial licensing date or the performance of Hawaii attest work that requires a peer review;

(3) Provide the board with enrollment information within one year of the date the Hawaii attest work was first performed;

(4) Have a peer review performed within eighteen months of the date the Hawaii attest work was first performed;

(5) Adopt the peer review due date assigned by the sponsoring organization and notify the board of the peer review due date within thirty days of its assignment; and

(6) Schedule and begin an additional review within three years of the previous review's due date, or earlier if required by the sponsoring organization or the board; provided that the firm shall be responsible for anticipating its needs for peer review services in sufficient time to enable the reviewer to complete the review by the assigned review due date.

(d) A firm that does not perform Hawaii attest work shall be exempt from the peer review process.

(e) If a firm is merged, combined, dissolved, or separated, the sponsoring organization shall determine which resultant firm shall be considered the succeeding firm. The succeeding firm shall retain its peer review status and the review due date.

(f) The board shall accept extensions granted by the sponsoring organization to complete a peer review; provided that the board is notified by the firm within twenty days of the date that an extension is granted. The board may also grant a firm an extension of time to comply with the peer review requirement of this part based on a showing of hardship, including reasons of health, military service, or other good cause as determined by the board.

(g) A firm that has been rejected by a sponsoring organization for any reason shall make a request in writing to the board for authorization to enroll in a program of another sponsoring organization.

(h) A firm that chooses to enroll in a program of another sponsoring organization pursuant to subsection (g) may do so; provided that the firm authorizes the previous sponsoring organization to communicate to the succeeding sponsoring organization any outstanding corrective actions related to the firm's most recent peer review. Any outstanding corrective actions shall be cleared and outstanding fees paid prior to the transfer between sponsoring organizations.

(i) An out-of-state firm performing Hawaii attest work shall comply with this part.

(j) If a firm is subject to inspections pursuant to the Sarbanes-Oxley Act of 2002, as amended, and also performs Hawaii attest work not subject to those inspections, the firm shall enroll in a peer review program for review of its non-public company Hawaii attest work in addition to the firm inspection program required by the public company accounting oversight board. [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 437D-1 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-1
Short title.
Status: in_force

This chapter shall be known and may be cited as the "Motor Vehicle Rental Industry Act".
Haw. Rev. Stat. § 442-13 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-13
REPEALED.
Status: in_force

L 1992, c 202, §195.
Haw. Rev. Stat. § 463E-6 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-6
Revocation, suspension, or denial of license; sanctions.
Status: in_force

(a) Any license to practice podiatric medicine may be revoked or suspended by the Hawaii medical board at any time in a proceeding before the board, or may be denied, for any one or more of the following acts or conditions on the part of the holder of the license or the applicant therefor:

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

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

(3) Wilfully betraying a professional secret;

(4) Advertising one's podiatrist business with any untruthful and improbable statement;

(5) False or fraudulent advertising;

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

(7) Violation of section 453-2;

(8) Professional misconduct or gross negligence or manifest incapacity in the practice of podiatric medicine;

(9) Engaging in the practice of podiatric medicine other than as defined in section 463E-1;

(10) 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 effect;

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

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

(13) Revocation, suspension, or other disciplinary action by another state or federal agency of a license or practice privilege for reasons as provided in this section;

(14) Conviction, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions, or duties of a podiatrist, notwithstanding any statutory provision to the contrary;

(15) Violation of chapter 329, uniform controlled substances act, or any rule adopted thereunder;

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

(17) 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) In addition to or in lieu of revoking or suspending a license to practice podiatric medicine, the board may impose one or more of the following actions:

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

(2) Limit the license by restricting the field of practice in which the licensee may engage;

(3) Fine the licensee, including assessment against the licensee of the cost of the disciplinary proceedings. Any fine imposed by the board shall be no less than $500 and no more than $5,000 for each violation, exclusive of the costs of the disciplinary proceedings; or

(4) Require further education or training or require proof of performance competency.

(c) If disciplinary action related to the practice of podiatric medicine taken against the applicant in any jurisdiction that would constitute a violation of this section, 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 of licensure:

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

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

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

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

(5) Limitation of the podiatric practice of the licensee in any reasonable manner to assure the safety and welfare of the consuming public. [L 1973, c 80, pt of §1; am L 1974, c 205, §2(25); am L 1985, c 125, §4; gen ch 1985; am L 1986, c 273, §4; am L 1988, c 111, §3; am L 1989, c 181, §7 and c 240, §5; am L 1992, c 202, §152; am L 2008, c 9, §3]
Haw. Rev. Stat. § 436B-8 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-8
Delegation of authority.
Status: in_force

(a) The board shall delegate to the department the authority to receive, arbitrate, investigate, and prosecute any complaint against a licensee.

(b) A licensing authority may delegate to the executive secretary, or other designee, any of its powers or duties as it deems reasonable and proper. The delegation of powers and duties by the licensing authority shall be made in accordance with the procedures set forth in section 436B-6(c). However, the licensing authority shall not delegate its discretionary functions resulting in a final decision, including but not limited to the following:

(1) Adopting, amending, or repealing rules;

(2) Ordering disciplinary action against a licensee, including the revocation, suspension, or imposition of conditions or fines; provided that summary suspensions may be delegated; and

(3) Granting, denying, or otherwise conditioning license applications, unless the granting, denying, or conditioning of a license does not require the exercise of the licensing authority's expertise and discretion. [L 1991, c 111, pt of §2; am L 1992, c 202, §10]
Haw. Rev. Stat. § 453D-5 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-5
Prohibited acts.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Except as specifically provided in this chapter, no person shall engage in the practice of mental health counseling or use the title of "licensed mental health counselor" or "mental health counselor" without a valid license issued under this chapter. Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action.

§453D-5 Prohibited acts. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] Except as specifically provided in this chapter, no person shall engage in the practice of mental health counseling or use the title of "licensed mental health counselor", "mental health counselor", "licensed associate mental health counselor", or "associate mental health counselor" without a valid license issued under this chapter. Any person who violates this section shall be subject to a fine of no more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action. [L 2004, c 209, pt of §2; am L 2008, c 206, §1; am L 2024, c 93, §14]
Haw. Rev. Stat. § 445-172 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-172
Prohibitions; penalty.
Status: in_force

Every person who engages in the business of buying or selling secondhand articles, or who deals therein, unless licensed therefor according to law, or after notice that the person's license has been revoked, or who, being licensed, neglects to keep the book and make the entries therein prescribed in section 445-171, or who refuses to allow the inspections in the section prescribed, or who purchases or receives by way of exchange any article from any minor, knowing or having reason to believe that the person is a minor, shall be fined not more than $100.
Haw. Rev. Stat. § 436B-13.3 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-13.3
Inactive license; reactivation of inactive license.
Status: in_force

(a) Unless otherwise provided by law, each licensing authority may allow a licensee to place its license on inactive status and provide conditions for the reactivation of the license.

(b) If a licensing authority desires to authorize an inactive license status, the licensing authority may decide to accept in total the provisions in subsection (c) to immediately effectuate an inactive license status. If a licensing authority desires to establish provisions for an inactive license status that differ from the provisions in subsection (c), the licensing authority may establish those alternative provisions by rules adopted pursuant to chapter 91.

(c) The following general provisions shall be applied by the licensing authority:

(1) Upon written request by a licensee during the licensure period or at renewal, and upon payment of an inactive license fee, the licensing authority shall place that licensee's active license on an inactive status;

(2) A licensee may continue on inactive status for the biennial or triennial period, whichever is applicable;

(3) A licensee on inactive status shall be considered as unlicensed and shall not engage in the practice of the licensed profession or vocation. Any person who violates this prohibition shall be subject to discipline under this chapter and the laws and rules of the licensing authority for that license;

(4) It shall be the responsibility of each licensee on inactive status to maintain knowledge of current licensing and renewal requirements; and

(5) A licensee may request to reactivate the license at any time during the licensure period or at renewal by completing an application for reactivation and fulfilling all requirements in effect at the time of application to return the license to active status, including the payment of an activation fee and other fees that may be required. The licensing authority may require information from the applicant to ensure the applicant is fit to engage in the profession, including but not limited to reporting license sanctions, pending disciplinary actions, or conviction of a crime in which the conviction has not been annulled or expunged.

(d) The licensing authority may deny an application for reactivation if the applicant does not fulfill all requirements or for the bases set forth in section 436B-19 or in the laws and rules of the licensing authority for that license. If the licensing authority denies the application, written notice of the denial shall state specifically the reason for denying the reactivation and shall inform the applicant of the right to a hearing under chapter 91. The applicant shall be required to reapply for licensure and comply with the licensing requirements in effect at the time of reapplication. [L 2006, c 49, §1]
Haw. Rev. Stat. § 465-11 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-11
Renewals; continuing education requirement.
Status: in_force

(a) Every license issued under this chapter shall be renewed biennially on or before June 30 of each even-numbered year. Failure to renew a license shall result in forfeiture of the license; provided that a psychologist whose license has been forfeited for one year or less for failure to renew may restore the license by payment of the renewal fee and, in the case of a psychologist who is audited, pursuant to subsection (g), submission of documentation of continuing education compliance, for the biennium in which the failure occurred. If licensing has lapsed for more than one year, the person may reapply for a license in the manner prescribed in this chapter.

(b) A psychologist in good standing who will not be practicing in the State for at least one year may petition the board to have the psychologist's license placed on inactive status without penalty. When the psychologist wishes to return to practice, an application shall be made to the board for reactivation upon payment of the license fee for the biennial period and subject to the board's review of the application as provided in its rules.

(c) Beginning with the July 1, 2016, through June 30, 2018, biennium period and prior to every biennial renewal thereafter, each licensee shall:

(1) Pay all required fees; and

(2) Complete a minimum of eighteen credit hours of continuing education within every licensing biennium.

(d) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] First-time licensees shall not be subject to the continuing education requirement established under subsection (c)(2) for the first license renewal.

(d) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above.] First-time licensees and associate psychologists licensed pursuant to section 465-7.2 shall not be subject to the continuing education requirement established under subsection (c)(2) 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 evidence satisfactory to the board that demonstrates compliance with the continuing education requirement.

(f) Any licensee seeking renewal of a license without full compliance with the continuing education requirement shall submit with the renewal application the required fee, a notarized affidavit setting forth the facts explaining the reasons for noncompliance, and a request for an extension on the basis of the facts; provided that the licensee shall complete at least thirty-six hours of continuing education for the next licensing biennium. The board shall consider each case on an individual basis and may grant an extension based on:

(1) Practice in an isolated geographical area with an absence of opportunities for continuing education by taped programs or otherwise; or

(2) Inability to devote sufficient hours to continuing education because of incapacity, undue hardship, or any other serious extenuating circumstances.

(g) 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. [L 1967, c 290, pt of §1; HRS §465-11; am L 1975, c 118, §29(2); am L 1983, c 95, §5; am L 1987, c 72, §4; am L 2014, c 187, §3; am L 2024, c 93, §29]
Haw. Rev. Stat. § 453-8.4 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8.4
Summary suspension.
Status: in_force

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

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

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

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

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

(f) Any attempt by the licensee to continue the practice of medicine or the practice of medicine by the licensee while the license has been summarily suspended shall be grounds for revocation of the license and shall subject the licensee to any penalties prescribed under this chapter, the applicable licensing laws, or any rule or order of the board. [L 2013, c 219, §1]
Haw. Rev. Stat. § 458-6.9 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-6.9
Dispensing optician identification tags.
Status: in_force

Each licensed dispensing optician may wear an identification tag for the purpose of identifying to the customer that the person is a licensed dispensing optician.
Haw. Rev. Stat. § 467B-8 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-8
Information filed to become public records.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §10. ] Statements, reports, professional fundraising counsel contracts or professional solicitor contracts, commercial co-venturer consents, and all other documents and information required to be filed under this chapter or by the attorney general shall become government records in the department and be open to the general public for inspection pursuant to chapter 92F; provided that information in any registration statement concerning the residential addresses of any officer or director or that identifies a charitable organization's financial or banking accounts and audited financial statements submitted by registered charitable organizations shall be confidential under chapter 92F.

§467B-8 Information filed to become public records. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §10. ] Statements, reports, professional fundraising counsel contracts, professional solicitor contracts, commercial co-venturer consents, charitable fundraising platform contracts and consents, and platform charity contracts and consents, and all other documents and information required to be filed under this chapter or by the attorney general shall become government records in the department and be open to the general public for inspection pursuant to chapter 92F; provided that information in any registration statement concerning the residential addresses of any officer or director or that identifies a charitable organization's financial or banking accounts and audited financial statements submitted by registered charitable organizations shall be confidential under chapter 92F. [L 1969, c 167, pt of §1; am L 1993, c 206, §7; am L 2004, c 93, §7; am L 2008, c 174, §6; am L 2013, c 61, §7; am L 2019, c 66, §4; am L 2024, c 205, §7]
Haw. Rev. Stat. § 436E-14 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-14
Foreign school curricula and standards.
Status: in_force

The board of acupuncture shall not recognize and approve an earned doctoral degree from a foreign university or college whose curricula and standards are not equivalent to or higher than institutions in the United States which have been recognized and approved by the board in the study or practice of acupuncture.
Haw. Rev. Stat. § 468M-3 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-3
Prohibited acts.
Status: in_force

No activity desk shall engage in any of the following practices:

(1) Covering, concealing, or obscuring the name, address, or telephone number of an activity provider in any card or brochure;

(2) Placing a telephone number, address, or other information on any card, brochure, or other advertising material produced or published by an activity provider, whether by decal, sticker, stamp, or otherwise, without identifying the activity desk by name, address, and registration number;

(3) Using a promotional card or brochure that does not clearly display the name and telephone number of the activity provider whose activity is being sold or booked when the activity is located in this State;

(4) Withdrawing any funds of a consumer from a client trust account, other than a sales commission up to a maximum of fifteen per cent or to make a refund to the consumer, until the activity provider has been paid;

(5) Failing to possess a current and valid registration prior to engaging in business or advertising as an activity desk; or

(6) Failing to obtain full payment for an activity prior to or at the time activity reservations are booked or placed with the activity provider or within three business days thereafter, except where the reservation specifically provides for direct payment of the amounts owed to the activity provider at the time of the activity. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, §§2, 4; ren and am L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2; am L 2010, c 150, §2]
Haw. Rev. Stat. § 464-14 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-14
Unlicensed activity; penalties.
Status: in_force

(a) Any person who practices, offers to practice, or holds oneself out as authorized and qualified to practice professional engineering, architecture, land surveying, or landscape architecture in the State, except as provided in sections 464-3 and 464-5; or who uses the title "engineer", "architect", "land surveyor" or "landscape architect", or any title, sign, card, or device to indicate that such person is practicing professional engineering, architecture, land surveying, or landscape architecture, or is a professional engineer, architect, land surveyor, or landscape architect, without having first acquired a license in accordance with this chapter and without having a valid unexpired license; or who uses or attempts to use as the person's own the seal, certificate or license of another, or who falsely impersonates any duly licensed practitioner hereunder, or who uses or attempts to use an expired, suspended, or revoked license shall be fined not more than $500 or imprisoned not more than one year, or both.

(b) Any corporation or copartnership which advertises that it furnishes architectural, engineering, land surveying, or landscape architectural services in the making of plans or specifications or in the construction of any building or other structure, without first complying with section 464-12; or any corporation or copartnership which furnishes or offers to furnish architectural, engineering, land surveying, or landscape architectural services for the construction of any building, structure, project, or utility in the State, without first complying with section 464-12, shall be fined not more than $1,000. Notwithstanding any law to the contrary, persons, corporations, or copartnerships working on structures exempted in section 464-13 shall not be affected by this subsection. [L 1923, c 227, §11; RL 1925, §3693; am L 1931, c 165, §8; am L 1933, c 134, §4; RL 1935, §7042; RL 1945, §7614; RL 1955, §166-14; HRS §464-14; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §15; am L 1993, c 127, §2]
Haw. Rev. Stat. § 444-9.1 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-9.1
Issuance of building permits; owner-builder registration.
Status: in_force

(a) Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure shall also require that each applicant for such a permit file as a condition to the issuance of a permit a statement that the applicant and all specialty contractors are licensed in accordance with this chapter, giving the license numbers and stating that the licenses are in full force and effect, or, if the applicant is exempt from this chapter, the basis for the claimed exemption; provided that if the applicant claims an exemption under section 444-2.5, the applicant shall certify that the building or structure is for the applicant's personal use and not for use or occupancy by the general public. Each county or local subdivision of the State shall maintain an owner-builder registration list which shall contain the following information:

(1) The name of any owner or lessee who claims an exemption from this chapter as provided in section 444-2.5;

(2) The address of the property where exempt building or improvement activity is to occur;

(3) A description of the type of building or improvement activity to occur;

(4) The approximate dates of construction activity; and

(5) Whether any electrical or plumbing work is to be performed and if so, the name and license number of the person or entity who will do the work.

The absence of such registration is prima facie evidence that the exemption in section 444-2.5 does not apply.

(b) The county shall verify the license against a list of licensed contractors provided by the state contractors licensing board, which list shall be updated at least quarterly. The county shall also verify that the applicant is in fact the contractor so licensed or the contractor's duly authorized agent.

(c) The county shall provide applicants for the exemption under section 444-2.5 with a disclosure statement in substantially the following form:

"Disclosure Statement

State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license. You must supervise the construction yourself. You must also hire licensed subcontractors. The building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of the exemption, and you may be prosecuted for this. It is your responsibility to make sure that subcontractors hired by you have licenses required by state law and by county licensing ordinances. Electrical or plumbing work must be performed by contractors licensed under chapters 448E and 444, Hawaii Revised Statutes. Any person working on your building who is not licensed must be your employee which means that you must deduct F.I.C.A. and withholding taxes and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. If you violate section 444-2.5 or fail to comply with the requirements set forth in this disclosure statement, you may be fined $5,000 or forty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for the first offense; and $10,000 or fifty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for any subsequent offense."

The county shall not issue a building permit to the owner-applicant until the applicant signs a statement that the applicant has read and understands the disclosure form.

(d) A county building inspector or other building official shall report to the regulated industries complaints office the name and address of any person, who, in the opinion of the building inspector or official, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a contractor under this chapter. [L 1974, c 112, pt of §1(1); am L 1978, c 147, §1; am L 1985, c 215, §2; gen ch 1985; am L 1989, c 142, §3; am L 1992, c 258, §2; am L 1996, c 172, §4; am L 2010, c 44, §4]
Haw. Rev. Stat. § 445-5 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-5
Fees; date when due and payable.
Status: in_force

All fees for licenses prescribed by any law of the State, except as otherwise specifically provided, shall be due and payable at times to be established by the county within which the license is to be operative.
Haw. Rev. Stat. § 465-12 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-12
Fees; disposition.
Status: in_force

Application, examination, license, renewal, and temporary permit fees required by this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.
Haw. Rev. Stat. § 441-1 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-1
Definitions.
Status: in_force

As used in this chapter:

"Cemetery" means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. It may be a burial park with one or more plots, for earth interment; a mausoleum with one or more vaults or crypt interments; a structure or place with one or more niches, recesses, or other receptacles for the interment of cremated remains, or any combination of one or more thereof.

"Cemetery authority" means any person who undertakes to establish, maintain, manage, operate, improve, or conduct a cemetery to inter human remains; or offers perpetual care of the cemetery; or sells or holds money in trust for pre-need interment services, whether or not the person undertakes such activity for profit; provided that this shall not apply to the designated trustee of the funds.

"Cemetery property" means any property, or part or interest therein, dedicated to, used or intended to be used for, the permanent interment of human remains. It may be a plot or plots in a burial park for earth interment; a place or places in a mausoleum for vault or crypt interment; one or more niches, recesses, or other receptacles for the interment of cremated remains; or any combination of one or more thereof.

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

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

"Funeral services" means arranging for or providing for pick up of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains.

"Interment" means the disposition of human remains by cremation and inurnment, entombment, or burial in a place used, or intended to be used, and dedicated for cemetery purposes.

"Mausoleum crypt" means a chamber or space in a structure or building of sufficient size, used or intended to be used, to entomb human remains.

"Mortuary authority" means any person who undertakes to furnish funeral services and related commodities.

"Niche" means a recess of space in a structure or plot of earth used or intended to be used for the permanent inurnment therein of the cremated remains of one or more deceased persons.

"Perpetual care" by whatever term denominated by a cemetery authority, including but not limited to endowment care, endowment fund care, and free maintenance, means keeping the sod in repair, keeping all places wherein interments have been made in proper order, caring for the trees and shrubs, and the general maintenance, care, preservation and embellishment of a cemetery, regularly and continually without limitation as to time.

"Perpetual care cemetery" means any cemetery or section of a cemetery, the plots, crypts, or niches of which are sold or disposed of, or are offered for sale or disposition, upon the representation that the plots, crypts, or niches will receive perpetual care.

"Perpetual care fund" means a fund separately maintained to provide for the perpetual care of a cemetery in conformity with this chapter.

"Person" means an individual, partnership, corporation, county, association, or any other group however organized.

"Plot" means a grave or space in a cemetery sold or otherwise disposed of to one or more persons, used or intended to be used, for the permanent interment therein of the remains of one or more deceased persons.

"Pre-need funeral authority" means any person who is engaged in the business of selling pre-need funeral services, or holds money in trust to provide for future funeral services; provided that this shall not apply to the designated trustee of the funds.

"Pre-need funeral service" means arranging for the pick up of human remains, embalming, placing the same on display, furnishing of funeral services and related commodities, including but not limited to caskets and urns, or otherwise providing for the final disposition of human remains, which services are to be rendered at some future date.

"Pre-need interment services" means the furnishing of opening and closing services and related commodities, including but not limited to vaults, markers, and vases, which services are to be rendered at some future date.

"Pre-need trust" means a fund separately maintained to provide for the future services agreed to or contracted for by the pre-need funeral service plan participant or the pre-need interment service plan participant.

"Trustee" means a bank or a trust company, authorized to transact such business in the State, or a board of trustees appointed by the governing body of the cemetery and pre-need funeral authority, designated as trustee pursuant to a written trust agreement under the terms of this chapter for the funds deposited by an authority. The board of trustees may consist of three or more members; provided that no member of the board shall be affiliated with the authority which appointed the board. [L 1967, c 199, pt of §1; HRS §441-1; am L 1969, c 242, §1; am L 1975, c 21, §2; am L 1981, c 221, §2; am L 1982, c 204, §8; am L 1985, c 101, §1]
Haw. Rev. Stat. § 458-6.6 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-6.6
§§458-6.
Status: repealed

§§458-6.6 and 458-6.8 REPEALED. L 1997, c 301, §§12, 13.
Haw. Rev. Stat. § 469-2 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-2
Rules.
Status: in_force

The department of health may prescribe such rules as it deems reasonable and proper relating to the practice of embalming, to the business of an undertaker, or to the sanitary condition of places where such business or practice is conducted. The rules of the department may prescribe an original registration fee for the engaging by any person in the business of an undertaker and an annual renewal fee.
Haw. Rev. Stat. § 440E-8 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-8
Licenses, participants.
Status: in_force

(a) Any person may apply to the director for a license to act as a physician, referee, judge, manager, second, or mixed martial arts contestant to participate, either directly or indirectly, in any mixed martial arts contest; provided that no person may apply for a license as a professional mixed martial arts contestant unless the person is at least eighteen years of age. The application shall be in writing, on a form prescribed by the director, and signed by the applicant. The application shall contain a recital of facts as specified by the director for the director to determine whether or not the applicant possesses the necessary licensure and physical, mental, and moral qualifications to entitle the applicant to a license. The license requirement shall not apply to amateur mixed martial arts contestants; provided that an amateur mixed martial arts contestant shall be required to pass a physical examination conducted by a person licensed to practice medicine under chapter 453 prior to engaging in a mixed martial arts contest. The director shall adopt rules for licensure in accordance with chapter 91.

(b) In addition, the applicant for a referee, judge, manager, or second license shall take and pass an examination or evaluation as provided by the director. The director may exempt an applicant for a manager, referee, judge, or second license from taking the examination or evaluation, if the applicant holds a valid manager, referee, judge, or second license in another jurisdiction with comparable mixed martial arts regulations.

(c) Any license to act as a physician, referee, judge, manager, second, or mixed martial arts contestant may be suspended or revoked, or the person otherwise disciplined by the director after a contested case hearing held in accordance with chapter 91.

(d) No license shall be granted to a promoter unless the promoter has submitted a criminal abstract on the promoter to the director. [L 2007, c 279, pt of §1; am L 2010, c 117, §5]
Haw. Rev. Stat. § 437-21.1 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-21.1
Bonds of auctions.
Status: in_force

The bond of an auction shall be in the same amount and under the same terms and conditions as required for a new motor vehicle dealer in accordance with rules adopted by the motor vehicle industry licensing board.
Haw. Rev. Stat. § 456-14 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-14
Authority to perform notarial act; notary public connected with a corporation or trust company.
Status: in_force

(a) Except as otherwise provided in subsection (b):

(1) A notary public may perform a notarial act authorized by this chapter or by the laws of this State; and

(2) It shall be lawful for any notary public, although an officer, employee, shareholder, or director of a corporation or trust company to take the acknowledgment of any party to any written instrument executed to or by the corporation or trust company, or to administer an oath to any shareholder, director, officer, employee, or agent of the corporation or trust company, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes, and other negotiable instruments that may be owned or held for collection by the corporation or trust company.

(b) A notary public shall not perform a notarial act with respect to a document to which the notary public or the notary public's spouse or civil partner is a party or in which either of them has a direct beneficial interest . A notarial act performed in violation of this section is voidable.

(c) A notary public may certify that a tangible copy of an electronic document is an accurate copy of the electronic document. [L 1961, c 97, §1; Supp, §168-13.5; HRS §456-14; am L 2020, c 54, §14]
Haw. Rev. Stat. § 466-8 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-8
Fees.
Status: in_force

(a) An application for admission to the examination described in section 466-5(e) shall be accompanied by the application and examination fees. The board may prescribe by rule the terms and conditions upon which an applicant who is unable to attend the examination may receive a credit in the amount of the fee paid toward a subsequent examination.

(b) An application for the issuance of a license of certified public accountant under section 466-5(a) or a license of public accountant under section 466-6(a) shall be accompanied by a license fee.

(c) An applicant for the renewal of a current license of certified public accountant under section 466-5 or for the renewal of a license of public accountant under section 466-6 shall pay a fee biennially in each odd-numbered year on or before December 31. An applicant for the restoration of a forfeited license of certified public accountant or public accountant shall submit with the application for restoration of the forfeited license the renewal fee, a penalty fee equal to the amount of the renewal fee, and a recordkeeping fee for each biennium the license was on forfeited status.

(d) An application for the issuance of a biennial permit to practice for an individual or firm under section 466-7(a) and (d) shall be accompanied by the application and permit to practice fees.

(e) An application for the issuance of a temporary permit to practice under section 466-7(c) shall be accompanied by the application and temporary permit to practice fees.

(f) Any person requesting the board to proctor the certified public accountant examination for another state shall pay a proctoring fee.

(g) All fees shall be established and adopted by the director in accordance with chapter 91 and shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). [L 1973, c 158, pt of §2; am L 1975, c 118, §30(4); am L 1983, c 6, §2; am L 1984, c 7, §74; am L 1989, c 110, §9; am L 1992, c 202, §164; am L 1997, c 35, §3 and c 227, §1; am L 2009, c 172, §§3, 9]
Haw. Rev. Stat. § 437-4 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-4
Advertising.
Status: in_force

(a) Motor vehicle, availability of. No new or used motor vehicle dealer shall advertise or offer for sale or exchange in any newspaper, or through any other medium, any motor vehicle not actually for sale at the premises of the dealer or available to the dealer from the manufacturer, or authorized new car distributor of such automobile at the time the advertisement or offer is made.

(b) False, deceptive, or misleading advertising.

(1) Terms that are false, deceptive, or misleading regarding pricing shall not be used in any retail motor vehicle advertising, including but not limited to the following terms:

(A) "Wholesale";

(B) "Free";

(C) "Invoice price", "manufacturer's invoice price", "factory invoice price", "dealer invoice price", a certain number of dollars "over invoice", or other terms of equivalent import;

(D) "Fleet", in connection with defining prices or a sale;

(E) "Factory sale", "manufacturer's sale", "factory authorized sale", "factory outlet", or other terms of equivalent import; and

(F) "No credit rejected", "everyone financed", or terms of equivalent import.

(2) Any advertised product must be available on the stated terms from inventory, or by order with delivery within a reasonable period of time.

(3) Where a discount or savings is featured, whether by price comparison of dollars, fractions, percentages, or otherwise, the discount or savings must be calculated with reference to the manufacturer's suggested retail price in accordance with the Monroney Act, 15 U.S.C. §1231, et seq., as amended.

(4) If the term "guarantee" or words of equivalent import are used in advertising, the guarantee, and all of its material terms, must be in writing and made part of the contract of sale of any motor vehicle sold by the seller during the period covered by the advertisement.

(5) No motor vehicle shall be advertised or offered for sale or exchange or offered to be purchased under the representation that it is a new motor vehicle, unless the motor vehicle conforms to the definition of "new motor vehicle" contained in section 437-1.1.

(c) Procedure relative to advertising of a specific motor vehicle.

(1) No new or used motor vehicle dealer shall advertise the sale of a specific motor vehicle without setting forth:

(A) The year;

(B) The make of the motor vehicle; and

(C) In the case of a used car, the license plate number of the motor vehicle.

(2) If a motor vehicle has been advertised as set forth above and has been sold, the motor vehicle dealer shall have in the dealer's office a copy of the retail sale contract or a copy of a bill of sale for the motor vehicle which shows the buyer's signature thereon.

(3) No new or used motor vehicle dealer shall in any advertisement designate the price of a motor vehicle without stating the make, the body type, and the manufacturer's classification or series of the motor vehicle, except that the classification or series need not be designated for used cars, and whether or not other charges in addition to the quoted price will be assessed; provided that the gross income tax and transfer of title fees may be excluded from such other charges.

(d) Display of motor vehicle at unlicensed premises. All dealers or salespersons shall obtain prior approval of the board, through its executive officer, to display motor vehicles for advertising purposes at or on any place other than the licensed premises.

(e) Advertising by salesperson prohibited. No salesperson shall advertise the sale of a motor vehicle in or through any advertising medium without designating the name of the salesperson's employer; provided that this provision shall not apply when a salesperson advertises to dispose of a motor vehicle registered under the salesperson's name. [L 1963, c 199, §1d; Supp, §160-161.2; HRS §437-4; gen ch 1985; am L 1992, c 266, §1; am L 1996, c 66, §1 and c 264, §4]
Haw. Rev. Stat. § 448E-10 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-10
Suspension; revocation; fine; denial of issuance or renewal of a license.
Status: in_force

(a) In addition to any other actions authorized by law the board, after notice and hearing as provided in chapter 91, may suspend or revoke any license, or impose fines, or prior to the notice and hearing, deny the issuance or renewal of any license for any cause authorized by law, including but not limited to the following:

(1) Obtaining, or attempting to obtain a license by fraud, misrepresentation, or deceit;

(2) Gross negligence, incompetency, misconduct, or dishonesty in the practice of the profession;

(3) False, fraudulent, or deceptive advertising;

(4) Permitting an unlicensed person to perform activities requiring a license;

(5) Aiding or abetting an unlicensed person to violate this chapter;

(6) Allowing a person's license to be used by an unlicensed person;

(7) Acting as an agent, partner, or associate of an unlicensed person engaging in an activity in violation of this chapter; or

(8) Violating any provision of this chapter or rule of the board.

(b) Any person who violates any provision of this chapter shall be fined not less than $100 and not more than $5,000 for each violation. [L 1971, c 183, pt of §1; am L 1986, c 141, §3; am L 1992, c 202, §82; am L 2006, c 186, §2]
Haw. Rev. Stat. § 461J-10.12 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10.12
Continuing competence subject matter requirements and other limitations.
Status: in_force

For each renewal period, a licensee's continuing competence units shall include the following:

(1) Two units in ethics, laws, and rules (jurisprudence), or some combination thereof; and

(2) Four units in life support for health care professionals; provided that such training shall be comparable to, or more advanced than, the American Heart Association's basic life support health care provider course. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 465D-6 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-6
Fees; disposition.
Status: in_force

(a) Upon issuance of a new license and at each license renewal period, each behavior analyst shall pay, in addition to a license fee or renewal fee, a surcharge of $50, which shall be maintained in a separate account within the compliance resolution fund established pursuant to section 26-9(o). At the end of each quarter, the moneys contained in the separate account established pursuant to this section shall be transferred to the compliance resolution fund until such time that the total transferred amounts equal the amount appropriated in section 5 of Act 199, Session Laws of Hawaii 2015. Thereafter, no surcharge shall be assessed, and any funds in excess of the amount appropriated in section 5 of Act 199, Session Laws of Hawaii 2015, shall be deposited into the compliance resolution fund.

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

(c) Fees assessed pursuant to this chapter shall be used to defray costs incurred by the department in implementing this chapter. [L 2015, c 199, pt of §2; am L 2016, c 123, §2]
Haw. Rev. Stat. § 474-5 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-5
Comprehensive permit and license information file.
Status: in_force

(a) Each state agency that is required to review, approve, or grant permits or licenses for business activities shall report to the center on a form prescribed by the center, each and every type of review, approval, license, and permit administered by that agency. Application forms, applicable agency rules, and the estimated time period necessary for application consideration based on experience and statutory or administrative rule requirements shall accompany each state agency report.

(b) Subsequent to the filing of the report, the state agency shall submit reports to the center on any new requirement or modifications to existing requirements together with applicable forms, rules, and other information required to be filed in the initial report. Upon receipt of those reports, the center shall establish and maintain a comprehensive information file that provides ready access to the most current information provided by the state agencies. [L 2005, c 62, pt of §2]
Haw. Rev. Stat. § 449-1 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-1
Definitions.
Status: in_force

As used in this chapter:

"Acquisition of control" means acquisition by a person or persons acting in concert of the power to vote fifty-one per cent or more of any voting securities of a licensee.

"Branch office" means any location, separate from the principal place of business of the escrow depository, that is identified by any means to the public or customers as a location at which the licensee holds itself out as an escrow depository.

"Commissioner" means the commissioner of financial institutions of this State.

"Control", in the context of control of an applicant or licensee, means ownership of or the power to vote twenty-five per cent or more of the outstanding voting securities of a licensee or controlling person. For purposes of determining the percentage of a licensee controlled by any person, there shall be aggregated with the controlling person's interest the interest of any other person controlled by the person, or by any spouse, parent, or child of the person.

"Controlling person" means any person in control of a licensee or applicant.

"Division" means the division of financial institutions of the department of commerce and consumer affairs.

"Escrow" means any transaction affecting the title to real property, including leaseholds, proprietary leaseholds, and condominiums, in which a person not a party to the transaction and neither having nor acquiring any interest in the title receives from one party to the transaction, holds until the happening of an event or performance of a condition and then delivers to another party to the transaction, any money or other consideration or any instrument affecting the title to that real property, all in accordance with the terms of the agreement between the parties to the transaction.

"Escrow account" means any escrow depository account with a financial institution to which cash or items are deposited with respect to any escrow.

"Escrow depository" means the corporation which, in an escrow, and for compensation, receives, holds, and delivers the money, other consideration, or instrument affecting title to real property.

"Financial institution" means any bank, savings and loan association, financial services loan company, or credit union doing business in the State whose accounts are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or other similar or successor program of federal insurance.

"Item" means any check (including a cashier's or certified check), negotiable order of withdrawal, draft, traveler's check, or money order.

"NMLS" means a licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state-licensed loan originators and other financial services providers, or any system provided by the Consumer Financial Protection Bureau.

"Person" means, in addition to the singular, persons, group of persons, cooperative association, company, firm, partnership, corporation, or other legal entity, and includes the agents and employees of any person.

"Principal" means a manager and anyone else who supervises or is in charge of the applicant or licensee. [L 1967, c 144, pt of §1; HRS §449-1; am L 1985, c 269, §49; am L 1986, c 331, §1; am L 1992, c 205, §2; am L 2001, c 184, §2; am L 2013, c 166, §2; am L 2016, c 224, §1]
Haw. Rev. Stat. § 467-4.5 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-4.5
Continuing education.
Status: in_force

(a) The commission shall have the authority to:

(1) Set content and other requirements for continuing education courses, providers, and instructors;

(2) Determine whether requirements have been met;

(3) Specify a mandatory core course, courses, or equivalencies for a licensing biennium;

(4) Determine how many hours of a continuing education course will be credited toward continuing education requirements for real estate licensees;

(5) Develop its own continuing education courses or approve courses developed by others; and

(6) Authorize the provision of courses taught by alternative delivery methods with interactive instructional techniques. Interactive instructional techniques may include but are not limited to:

(A) The opportunity for immediate exchange with an instructor; and

(B) Assessment and remediation through the assistance of computer, electronic, audio, or audiovisual interactive instruction designed to internally measure and evaluate whether students have mastered stated learning objectives.

(b) Continuing education providers shall:

(1) Certify that instructors have met the commission requirements;

(2) Ensure that instructors are competent in the subject matter of the course and are current in their knowledge of the subject matter; and

(3) Ensure that the course is based on current information, laws, and rules.

(c) Continuing education instructors shall ensure that their courses are based on current information, laws, and rules.

(d) Continuing education courses shall be designed to improve a licensee's competency, or professional standards and practice and shall:

(1) Be offered by a provider approved by the commission and either be:

(A) Approved by the commission and delivered by an instructor certified by a commission-approved continuing education provider;

(B) A national course delivered by an instructor certified by the National Association of Realtors or its affiliates;

(C) A national course delivered by an instructor certified by the Building Owners and Managers Association, the Community Associations Institute, or any other national organization approved by the commission; or

(D) Certified by the Association of Real Estate License Law Officials;

(2) Be designed to allow students to exceed minimal entry level competency in the subject matter of the course including consumer protection in real estate transactions; and

(3) Not require an examination. [L 1999, c 47, pt of §2 as superseded by c 240, §2]
Haw. Rev. Stat. § 463E-12.5 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-12.5
Delegation of duties.
Status: in_force

Except for proceedings under section 463E-6 and the adoption of rules under section 463E-12, the board may delegate its duties under this chapter to a committee of not less than three podiatrists licensed under this chapter appointed by the board; provided that the board shall ratify any action taken by the committee.
Haw. Rev. Stat. § 457-6.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-6.5
[ §457-6.
Status: in_force

[ §457-6.5]Application of National Council of State Boards of Nursing Model Nursing Practice Act and Model Nursing Administrative Rules. (a) In accordance with chapter 91, the board shall adopt the provisions of the NCSBN Model Nursing Practice Act and Model Nursing Administrative Rules relating to the scope and standards of nursing practice for registered nurses, licensed practical nurses, and advanced practice registered nurses and shall adopt any subsequent modifications adopted by the Delegate Assembly of the NCSBN; provided that the board shall not be required to adopt rules or provisions that the board finds are inappropriate or inapplicable.

(b) If the board finds that any rule or provision of the NCSBN is inappropriate or inapplicable, the board shall state clearly in the record of the board's proceedings the board's rationale for rejecting or modifying the NCSBN's model rules.

(c) The NCSBN shall have no legal authority over the board and shall have no legal authority or powers of oversight of the board in the exercise of its powers and duties authorized by law. [L 2010, c 57, pt of §2]
Haw. Rev. Stat. § 437D-4 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-4
Rental agreements; delivery to director.
Status: in_force

No lessor shall offer a rental agreement or damage waiver unless a specimen of the rental agreement or damage waiver is delivered to the director prior to its use.
Haw. Rev. Stat. § 460J-4 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-4
§§460J-4 and 460J-5 REPEALED.
Status: repealed

§§460J-4 and 460J-5 REPEALED. L 1992, c 202, §§221, 222.
Haw. Rev. Stat. § 463E-14 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-14
Discrimination prohibited.
Status: in_force

No department, office, or agency of the state or county government, or any subdivision thereof, or any clinic, medical service, insurance carrier, or any board administering relief or foundations under the law of the State shall deny to the recipient or beneficiary of podiatric aid or services the freedom to choose podiatric care or services which are within the scope of activities of a podiatrist licensed under this chapter.
Haw. Rev. Stat. § 440E-3 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-3
Authority to subpoena witnesses and administer oaths and penalties.
Status: in_force

The director may issue subpoenas for the attendance of witnesses, with the same effect as if the subpoenas were issued in an action in the circuit court, and may administer oaths in all matters connected with the administration of this chapter. Disobedience of a subpoena and false swearing before the director shall be attended by the same consequences and be subject to the same penalties as if disobedience or false swearing occurred in an action in the circuit court.
Haw. Rev. Stat. § 467E-10 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-10
Issuance of license.
Status: in_force

The director shall issue a license to any person who meets all licensure requirements and pays the appropriate fees.
Haw. Rev. Stat. § 436E-10.5 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-10.5
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

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

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §2]
Haw. Rev. Stat. § 463-1 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-1
Definitions.
Status: in_force

As used in this chapter:

"Board" means the board of private detectives and guards described in section 463-2.

"Detective", "private detective", or "investigator" means a licensed person qualified to obtain information and evidence not readily or publicly accessible.

"Detective agency" or "private detective agency" means a licensed firm engaged in the private detective business.

"Firm" means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity.

"Guard" [Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.] means a registered uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. "Guard" shall not include any active duty federal, state, or county law enforcement officers or personnel.

"Guard agency" means a licensed firm engaged in the guard business.

"Principal detective" means a licensed detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees.

"Principal guard" means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. [L 1961, c 77, pt of §1; Supp, §165A-1; HRS §463-1; am L 1983, c 40, §1; am L 1994, c 122, §1; am L 2004, c 94, §1; am L 2010, c 208, §2]
Haw. Rev. Stat. § 468M-17 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-17
Rules.
Status: in_force

Subject to chapter 91, the director may adopt such rules as the director deems necessary for the effective administration and enforcement of this chapter.
Haw. Rev. Stat. § 467B-13 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-13
Rules.
Status: in_force

The attorney general may make, amend, or repeal such rules pursuant to chapter 91, as may be deemed proper to effectuate this chapter.
Haw. Rev. Stat. § 456-1.5 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-1.5
Powers and duties of the attorney general.
Status: in_force

In addition to any other powers and duties authorized by law, the attorney general shall have all powers necessary or convenient to effectuate the purposes of this chapter, including, without limitation, the following powers:

(1) Issue notary public commissions to applicants pursuant to this chapter;

(2) Adopt, amend, or repeal rules pursuant to chapter 91;

(3) Suspend or revoke any commission for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter, and refuse to issue any commission for any cause that would be grounds for suspension or revocation of a commission; and

(4) Impose administrative fines for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter. [L 2008, c 175, pt of §2]
Haw. Rev. Stat. § 445-134.18 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.18
Compliance with other applicable law.
Status: in_force

All pawnbrokers shall comply with the requirements of chapter 486M.
Haw. Rev. Stat. § 454F-24 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-24
Limited exemption for mortgage loan originators employed by mortgage servicers.
Status: in_force

An employee who performs mortgage loan originator activities for a mortgage servicer is exempt from registration and licensure as a mortgage loan originator; provided that:

(1) The employee's actions are part of the employee's duties as an employee of the mortgage servicer; and

(2) The employee's mortgage loan originator services are limited to residential loan modifications and processing the approval of loan assumptions. [L 2012, c 252, pt of §1; am L 2014, c 198, §10; am L 2016, c 122, §17]
Haw. Rev. Stat. § 443B-20 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-20
Unfair competition, unfair or deceptive acts or practices.
Status: in_force

A violation of this chapter by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2.
Haw. Rev. Stat. § 468L-7.5 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-7.5
Prohibited acts.
Status: in_force

No travel agency or charter tour operator shall engage in any of the following:

(1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter;

(2) Conducting business as a registered travel agency or charter tour operator without establishing and maintaining a client trust account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the rules relating to travel agencies and charter tour operators;

(3) Failing to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or of any change in the account number or location within three business days of any change, in accordance with section 468L-5 and the rules relating to travel agencies and charter tour operators;

(4) Making any false statement, representation, or certification in any application, document, or record required to be submitted, filed, or retained under this chapter;

(5) Misrepresenting the consumer's right to cancel and to receive an appropriate refund or reimbursement as provided under this chapter;

(6) Failing to provide a written statement to the consumer containing specific information as required by section 468L‑4;

(7) Failing to provide or otherwise comply with the disclosure requirements of sections 468L-6 and 468L‑7;

(8) Failing to make available to the director such books and records as may be requested by the director pursuant to sections 468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and charter tour operators;

(9) Promoting travel for prostitution;

(10) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:

(A) For the purpose of engaging in a commercial sexual act;

(B) That consists of tourism packages or activities using and offering sexual acts as enticement for tourism; or

(C) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services; or

(11) Otherwise violating any of the provisions of this chapter or its rules.

For purposes of paragraph (10):

"Commercial sexual act" means any sexual contact, as defined in section 707-700, for which anything of value is given to or received by any person.

"Sexual act" means any sexual contact as defined in section 707-700. [L 2001, c 62, pt of §2; am L 2004, c 82, §3]
Haw. Rev. Stat. § 444-2 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-2
Exemptions.
Status: in_force

This chapter shall not apply to:

(1) Officers and employees of the United States, the State, or any county while in the performance of their governmental duties;

(2) Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court;

(3) A person who sells or installs any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;

(4) Any project or operation for which the aggregate contract price for labor and materials is not more than $1,500. This exemption shall not apply in any case where a building permit is required regardless of the aggregate contract price, nor where the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts not more than $1,500 for the purpose of evading this chapter or otherwise;

(5) A registered architect or professional engineer acting solely in the person's professional capacity;

(6) Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation;

(7) Owner-builders exempted under section 444-2.5;

(8) Any joint venture if all members thereof hold licenses issued under this chapter;

(9) Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or

(10) Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency. [L 1957, c 305, §1(s 2); Supp, §166A-2; HRS §444-2; am L 1969, c 163, §1; am L 1974, c 112, §1(3); am L 1975, c 128, §1; am L 1976, c 200, pt of §1; am L 1985, c 215, §1; gen ch 1985; am L 1986, c 182, §1; am L 1989, c 142, §2; am L 1992, c 258, §1 and c 269, §2; am L 1996, c 172, §3; am L 2010, c 44, §3; am L 2019, c 283, §2]
Haw. Rev. Stat. § 465-7.6 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-7.6
Licensure of state employed clinical psychologists.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) A psychologist employed in a civil service clinical psychologist position in this State after January 1, 1988, shall be licensed subject to:

(1) Meeting the requirements of section 465-7; and

(2) Obtaining licensure within two years from the date of employment.

(b) After the time period in subsection (a)(2) has expired, a psychologist, employed in a civil service clinical psychologist position rendering diagnostic or treatment services, who has not obtained a license, shall immediately cease and desist the practice of psychology until a license is obtained pursuant to this chapter. [L 1988, c 197, §3; am L 1997, c 37, §4; am L 2003, c 79, §2]

§465 -7.6 Licensure of state employed clinical psychologists. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] (a) A psychologist employed in a civil service clinical psychologist position in this State after January 1, 1988, shall be licensed subject to:

(1) Meeting the requirements of section 465-7; and

(2) Obtaining licensure within two years from the date of employment;

provided that if the psychologist is not able to obtain licensure pursuant to subsection (a)(2), the board may grant a waiver of up to one year to complete the requirements for licensure if the psychologist can demonstrate that the inability to meet the requirements for licensure was caused by circumstances beyond the psychologist's control.

(b) Absent a waiver obtained pursuant to subsection (a), or upon the expiration of the time period in subsection (a)(2), a psychologist, employed in a civil service clinical psychologist position rendering diagnostic or treatment services, who has not obtained a license, shall immediately cease and desist the practice of psychology until a license is obtained pursuant to this chapter. [L 1988, c 197, §3; am L 1997, c 37, §4; am L 2003, c 79, §2; am L 2024, c 93, §27]
Haw. Rev. Stat. § 467-10 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-10
Form of licenses, registrations, and certificates.
Status: in_force

The form of every license, registration, and certificate shall be prescribed by the commission, and shall be issued in the name of the commission.
Haw. Rev. Stat. § 457-5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-5
Duties and powers of board.
Status: in_force

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

(1) Adopt, amend, or repeal rules, pursuant to chapter 91, not inconsistent with the law, as may be necessary to enable it to carry into effect this chapter, including the definition of the scope of practice of nursing and the delegation of nursing tasks based upon professional nursing standards, which include but are not limited to the standards set forth by national certifying bodies recognized by the board;

(2) Prescribe standards for preparing persons for licensure as practical nurses, registered nurses, and advanced practice registered nurses under this chapter;

(3) Conduct surveys of educational programs as it may deem necessary and practical;

(4) Approve educational programs that meet the requirements of this chapter and the rules of the board;

(5) Deny or withdraw approval of educational programs for failure to meet or maintain the standards prescribed in this chapter;

(6) License qualified applicants by examination or endorsement, including advanced practice registered nurses, and renew, reinstate, reactivate, and restore licenses and shall conduct an investigation of the qualified applicant's background, character, competency, and integrity, as the board deems appropriate. The board shall:

(A) Request, beginning July 1, 2017, the criminal history records of qualified applicants, in accordance with section 846-2.7; and

(B) Request the criminal history records, pursuant to section 846-2.7, of licensees who were issued licenses by the board prior to July 1, 2017;

provided that the board shall request criminal history records under this paragraph not less than once for each individual qualified applicant or licensee; provided further that all requests for criminal history records required for licensees issued a license by the board prior to July 1, 2017, shall be made by the board no later than July 1, 2023. The Hawaii criminal justice data center shall provide the information on request to the director of commerce and consumer affairs;

(7) Conduct hearings upon request of a denied applicant or upon charges calling for discipline of a licensee;

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

(9) Cause the prosecution of all persons violating this chapter and incur necessary expenses therefor;

(10) Keep a record of all its proceedings;

(11) Provide consultation, conduct conferences, forums, studies, and research on nursing education and practice;

(12) Communicate with national organizations that promote the improvement of the legal standards of practice of nursing for the protection of public health, safety, and welfare;

(13) Authorize the administration of examinations to eligible applicants for licensure as registered nurses or licensed practical nurses, or other examinations required by the board as designated in its rules;

(14) Employ, contract, and cooperate, to the extent allowable by law, with any board-approved organization in the preparation and grading of an appropriate nationally uniform examination; provided the board shall retain sole discretion and responsibility for determining the standard of successful completion of such an examination. When such a national examination is used, access to questions and answers shall be restricted by the board; and

(15) Develop and adopt rules as necessary relating to the practice of nursing in telehealth.

(b) The board shall monitor and evaluate the scope of the practice of nursing in other states and make recommendations to the legislature, when deemed desirable, for appropriate amendment to the definitions under section 457-2 and any other provision of this chapter. [L 1970, c 71, pt of §1; am L 1981, c 57, §2; am L 1983, c 119, §3; am L 1984, c 182, §2; am L 1985, c 255, §5; am L 1992, c 202, §107; am L 1995, c 88, §1; am L 2000, c 9, §2; am L 2014, c 46, §6; am L 2016, c 97, §2]
Haw. Rev. Stat. § 451J-11.5 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-11.5
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, §10]
Haw. Rev. Stat. § 471-1 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-1
Definitions.
Status: in_force

As used in this chapter:

"Animal" means any animal except human beings.

"Board" means the Hawaii board of veterinary medicine of the State.

"Client" means the animal patient's owner, owner's agent, or other person presenting the animal patient for care.

"Consultation" means when a veterinarian seeks and receives advice in person, telephonically, electronically, or by any other method of communication from another veterinarian or other person whose expertise, in the opinion of the veterinarian, would benefit an animal patient.

"Continuing education courses" means courses approved by the Hawaii board of veterinary medicine, the Hawaii Veterinary Medical Association, the American Association of Veterinary State Boards' Registry, or other board-approved organizations.

"Credit hour" means, except as otherwise provided, the value assigned to fifty minutes of instruction.

"Emergency response" means the response to a natural or human-caused disaster.

"Indirect supervision" means the veterinarian is not on the premises, but:

(1) Has given either written or oral instructions for treatment of the animal patient;

(2) Is readily available by telephone or other forms of immediate communication; and

(3) Has assumed responsibility for the veterinary care given to the animal patient by a person working under their sponsorship.

"Jurisdiction" means another state, the District of Columbia, or any territory of the United States, or any province of Canada.

"Patient" or "animal patient" means any animal or group of animals receiving veterinary care from a veterinarian.

"Practice of veterinary medicine" means the assessment, diagnosis, treatment, or prescribing for the prevention, cure, or relief of, or the giving of advice concerning, a disease, pain, injury, deformity, or other condition of an animal, or a change of a physical characteristic of an animal for cosmetic or utility purposes. "Practice of veterinary medicine" includes medical, surgical, and dental care of animals.

"Sponsor" means a veterinarian who requests the presence and medical assistance of an individual licensed to engage in the practice of veterinary medicine in another jurisdiction.

"Veterinarian" means a person duly licensed in the State to engage in the practice of veterinary medicine.

"Veterinarian-client-patient relationship" means a relationship that exists when:

(1) The veterinarian and client agree for the veterinarian to assume responsibility for making medical judgments regarding the health of the animal patient;

(2) The veterinarian has sufficient knowledge of the animal patient to initiate a general or preliminary diagnosis of the medical condition of the animal patient, which means that the veterinarian is personally acquainted with the keeping and care of the animal patient and has recently physically examined the animal patient or made timely and medically appropriate visits to the premises where the animal patient is kept;

(3) The veterinarian is readily available or provides for follow-up care and treatment in case of adverse reactions or failure of the therapy regimen; and

(4) The veterinarian maintains records that document animal patient visits, consultations, diagnosis and treatment, and other relevant information required under this chapter.

"Veterinarian-client-patient relationship" includes the provision of on-call or cross-coverage services by a veterinarian who has been designated by a veterinarian with an existing veterinarian-client-patient relationship and has access to relevant animal patient records.

"Veterinary teleadvice" means the provision of health information, opinion, guidance, or recommendations that are not specific to a particular animal through the use of electronic communication, including telephone and audio-visual technology.

"Veterinary telemedicine" means the practice of veterinary medicine subsequent to the establishment of a veterinarian-client-patient relationship where animal patient care, treatment, and services are provided through the use of electronic communication, including telephone and audio-visual technology, consistent with the veterinarian's professional judgment.

"Veterinary telesupervision" means the remote supervision of a veterinary assistant, veterinary technician, or other employee of a veterinarian who administers medication or who renders auxiliary or supporting assistance under the responsible supervision of a veterinarian.

"Veterinary teletriage" means using electronic communication with a client, including through a poison control agency, to provide a timely assessment and decision as to whether to immediately refer an animal patient to a veterinarian for emergency or urgent care. [L 1949, c 280, pt of §1; RL 1955, §73-1; HRS §471-1; am L 2012, c 306, §2; am L 2018, c 203, §8; am L 2022, c 71, §2]
Haw. Rev. Stat. § 443B-4.59 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.59
Restoration of forfeited registration.
Status: in_force

(a) A forfeited registration may be restored by submitting an application provided by the director and by paying a delinquent renewal fee and a restoration fee in the amount specified by rule.

(b) Failure to restore a forfeited registration within sixty days of forfeiture shall cause the registration to be terminated.

(c) The director may extend the sixty-day limitation for good cause shown.

(d) Upon termination of registration, the collection agency shall cease to do business. [L 1990, c 246, pt of §1; am L 1992, c 202, §61]
Haw. Rev. Stat. § 466J-6 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-6
Persons exempted.
Status: in_force

(a) Any provision in this chapter to the contrary notwithstanding, a license shall not be required for:

(1) A licensed medical practitioner in radiology;

(2) A licensed practitioner of nuclear medicine;

(3) A licensed physician assistant;

(4) A licensed doctor of dentistry;

(5) A licensed dental technician;

(6) A licensed dental hygienist;

(7) A student in an approved school for radiographers, radiation therapists, or nuclear medicine technologists, or in a school of medicine, podiatry, dentistry, or a chiropractic school; provided that the student is operating x-ray machines under the direct supervision of a licensed radiographer, licensed radiation therapist, licensed nuclear medicine technologist, or a qualified person pursuant to this chapter; and

(8) A radiologist duly licensed to practice medicine and radiology services in another state who uses telehealth while located in this State to provide radiology services to a patient who is located in the state in which the radiologist is licensed; provided that services provided by telehealth pursuant to this paragraph shall be consistent with all federal and state privacy, security, and confidentiality laws. For the purposes of this paragraph:

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

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

"Radiologist" means a doctor of medicine or a doctor of osteopathy certified in radiology by the American Board of Radiology or the American Board of Osteopathy.

"Telehealth" means the use of telecommunications, as that term is defined in section 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the radiologist is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail texts, in combination or by themselves, do not constitute a telehealth service for the purposes of this paragraph.

(b) The board may issue special temporary permits upon request to unlicensed radiographers working in shortage areas. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §8; am L 1995, c 143, §6; am L 2007, c 255, §2; am L 2009, c 151, §20; am L 2014, c 159, §11; am L 2016, c 226, §12]
Haw. Rev. Stat. § 454M-8.3 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-8.3
Confidentiality.
Status: in_force

(a) Except as otherwise provided in Public Law 110-289, section 1512, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to the information or material shall continue to apply to the information or material after the information or material has been disclosed to NMLS. The information and material may be shared with all state and federal regulatory officials with mortgage servicer industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

(b) For these purposes, the commissioner is authorized to enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by rule or order of the commissioner.

(c) Information or material that is subject to a privilege or confidentiality under subsection (a) shall not be subject to:

(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or a state; or

(2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by NMLS applicable to the information or material; provided that the person to whom the information or material pertains waives, in whole or in part, in the discretion of such person, that privilege.

(d) Notwithstanding chapter 92F, the examination process and related information and documents, including the reports of examination, are confidential and are not subject to discovery or disclosure in civil or criminal lawsuits.

(e) Notwithstanding any law to the contrary, the disclosure of confidential supervisory information or any information or material described in subsection (a) that is inconsistent with subsection (a) shall be superseded by the requirements of this section.

(f) This section shall not apply to information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage servicers that are included in NMLS for access by the public. [L 2016, c 122, §2]
Haw. Rev. Stat. § 437B-13 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-13
Invoices; supplying crash parts or used parts; customer's copy.
Status: in_force

All work done by a motor vehicle repair dealer, mechanic, or apprentice, including all warranty work, shall be recorded on an invoice and shall describe all service work done and parts supplied. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including the general excise tax, and shall state separately the tax, if any, applicable to parts and service work. If any crash, used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, crash, rebuilt, or reconditioned parts, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the motor vehicle repair dealer.
Haw. Rev. Stat. § 443B-6 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-6
Place of business; principal collector.
Status: in_force

(a) A collection agency shall have and maintain a regular active business office in the State for the purpose of conducting collection agency business. The business office shall be open to the public during stated reasonable business hours.

(b) Every collection agency shall designate a principal collector to assume responsibility for the direct management and control of the daily operation of the office. [L 1987, c 191, pt of §1]
Haw. Rev. Stat. § 457-8.6 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-8.6
Prescriptive authority for advanced practice registered nurses.
Status: in_force

(a) The board shall grant prescriptive authority to qualified advanced practice registered nurses and shall designate the requirements for advanced nursing practice related to prescriptive authority. The board shall determine the exclusionary formulary for qualified advanced practice registered nurses who are granted prescriptive authority.

(b) The board shall establish requirements for advanced practice registered nurses' education, experience, and national certification pursuant to rules adopted in accordance with chapter 91.

(c) Advanced practice registered nurses shall be considered qualified if they have met the requirements of section 457-8.5(a), and have met the advanced pharmacology requirements for initial prescriptive authority pursuant to rules adopted by the board. Only qualified advanced practice registered nurses authorized to diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources and, only as appropriate to the practice specialty in which the advanced practice registered nurse is qualified, may:

(1) Prescribe and administer over the counter drugs, legend drugs, and controlled substances pursuant to this chapter and to chapter 329 and request, receive, and dispense manufacturers' prepackaged samples of over the counter drugs, and non-controlled legend drugs to patients under their care; provided that an advanced practice registered nurse shall not request, receive, or sign for professional controlled substance samples;

(2) Prescribe, order, and dispense medical devices and equipment; and

(3) Plan and initiate a therapeutic regimen that includes nutritional, diagnostic, and supportive services including home health care, hospice, and physical and occupational therapy. [L 1994, c 278, §1; am L 2002, c 192, §§1, 5; am L 2003, c 3, §27; am L 2004, c 88, §§5, 8 and c 150, §§1, 2; am L 2005, c 30, §1; am L 2008, c 9, §3; am L 2009, c 169, §10; am L 2010, c 57, §6; am L 2011, c 110, §2; am L 2016, c 92, §2 and c 183, §8]
Haw. Rev. Stat. § 448F-8 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-8
Penalties.
Status: in_force

(a) Any person against whom proceedings have been brought pursuant to section 448F-7 which resulted in findings of any of the causes listed in section 448F-7(b) may be assessed a fine of not less than $100 nor more than $5,000 for each offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) The director may bring a civil action to enjoin any person for violation of section 448F-7. [L 1990, c 285, pt of §1]
Haw. Rev. Stat. § 463-3 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-3
Policy; powers and duties.
Status: in_force

It is the policy of this State to protect the general public from unlawful and unethical conduct and operation of the business of private detectives and guards. In addition to any other powers and duties authorized by law, the board may adopt, amend, or repeal rules, which shall have the force and effect of law, relating to qualifications for licensing of private detectives and guards, to the conduct and operation of the businesses of such license, and to the denial, renewal, reactivation, revocation, or suspension for cause of such licenses. The board shall consult with appropriate state and federal agencies and any appropriate industry or trade organization in establishing those rules. The rules so established shall be on the basis of what the board deems best suited to the public interest. The board also shall examine applicants for private detective or guard licenses, grant licenses, and revoke or suspend licenses of licensees who violate this chapter.
Haw. Rev. Stat. § 467-5 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-5
Board's employees.
Status: in_force

Subject to chapter 76, the department of commerce and consumer affairs may employ and remove such administrative and clerical assistants as the real estate commission requires and prescribe their powers and duties.
Haw. Rev. Stat. § 468L-2 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-2
Registration and renewal.
Status: in_force

(a) A travel agency shall register with the director prior to engaging in the business of selling or advertising to sell travel services.

(b) Each travel agency shall renew its registration on or before December 31 of each odd-numbered year. A statement on a form designed and provided by the department verifying that the practices of the travel agency are in accordance with section 468L-5, shall be filed with the renewal.

(c) A travel agency that sells activities individually or as part of a tour package shall register with the director as an activity desk under section 468M-2. [L 1991, c 285, pt of §1; am L 1992, c 157, §1; am L 1997, c 40, §21; am L 2016, c 148, §2]
Haw. Rev. Stat. § 445-30 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-30
Record books.
Status: in_force

Every auctioneer shall keep and preserve a record book in which shall be entered:

(1) A detailed list and description of the property received for sale;

(2) The name of the person from whom, or on account of whom the same is received;

(3) The date upon which the same is received;

(4) The date upon which the same is sold;

(5) The price for which each article is sold;

(6) The name of the person to whom each article is sold;

which record shall, during the regular business hours be open to the inspection of any person desiring to see the same. Every such entry shall be made immediately after each transaction required to be recorded. [L 1896, c 64, §27; RL 1925, §1978; RL 1935, §2425; RL 1945, §7027; RL 1955, §155-27; HRS §445-30]
Haw. Rev. Stat. § 464-10 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-10
Licensees; suspension or revocation of licenses; fines; hearings.
Status: in_force

In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew the license of any licensee for any cause authorized by law, including but not limited to fraud or deceit in obtaining the license or gross negligence, incompetency, or misconduct in the practice of the profession, or violating this chapter or the rules of the board. Any person may prefer charges in writing with the executive secretary of the board against any person holding a license.

In every case where it is proposed to impose any penalty under this section, the board shall give the licensee concerned notice and hearing in conformity with chapter 91. The notice shall be given in writing by registered or certified mail with return receipt requested at least fifteen days before the hearing.

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 courts. 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 by a member, or the refusal of any witness to testify to any matter regarding which the person 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.

Any licensee who violates this chapter or the rules adopted pursuant thereto may also be fined not less than $500 nor more than $1,000 per violation. Each day of violation or failure to comply shall constitute a separate offense. [L 1923, c 227, §5; RL 1925, §3687; am L 1931, c 165, §3; RL 1935, §7038; RL 1945, §7610; RL 1955, §166-10; HRS §464-10; am L 1979, c 94, §1; am L 1983, c 155, §6; gen ch 1985; am L 1986, c 24, §2; am L 1989, c 210, §12; am L 1992, c 202, §157]
Haw. Rev. Stat. § 457G-2.6 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-2.6
Qualifications of occupational therapy assistants.
Status: in_force

(a) Effective January 1, 2017, occupational therapy assistants shall be licensed pursuant to this chapter.

(b) To qualify for licensure in this State, occupational therapy assistants shall have completed the educational requirements and supervised field work required for certification by the National Board for Certification in Occupational Therapy and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy.

(c) In the case of foreign-trained persons, the applicant for an occupational therapy assistant license shall have completed the National Board for Certification in Occupational Therapy eligibility determination process for occupational therapy assistants and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy. [L 2014, c 209, pt of §2]
Haw. Rev. Stat. § 461J-3 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-3
Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to prohibit any person from acting within the scope of a license issued to that person under any other law; provided that the person shall not claim to be a physical therapist or a physical therapist assistant, or that the person is performing physical therapy or physical therapy services.

(b) Nothing in this chapter shall be construed to prohibit students in an educational program for physical therapists, physical therapist assistants, or physical therapist support personnel from participating in activities that are conducted as part of the educational program and are under the guidance and direct supervision of a licensed physical therapist.

(c) Nothing in this chapter shall be construed to prohibit a person licensed as a physical therapist or as a physical therapist assistant in another state or foreign country from practicing physical therapy in this State if the person is part of an educational demonstration or instructional program or seminar sponsored by an educational institution, hospital, medical care program, the Hawaii Chapter of the American Physical Therapy Association, or any other similar person or group, for the duration of the program or seminar and confined to the purpose of the program or seminar.

(d) Nothing in this chapter shall be construed to prohibit an individual from acting as an athletic trainer under chapter 436H.

(e) Nothing in this chapter shall be construed to prohibit a physical therapist or physical therapist assistant who is practicing in the United States Armed Services, United States Public Health Service, or Department of Veteran Affairs pursuant to federal regulations for state licensure of healthcare providers from practicing as a physical therapist or physical therapist assistant; provided that if the person, while federally employed as a physical therapist or a physical therapist assistant, engages in the practice of physical therapy outside the course and scope of the person's federal employment, the person shall be required to obtain a license in accordance with this chapter.

(f) Nothing in this chapter shall be construed to prohibit a physical therapist who is licensed in a jurisdiction of the United States or another country from engaging in the practice of physical therapy if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies that temporarily practice, compete, or perform in the State for no more than sixty days in a calendar year. [L 1985, c 276, pt of §1; am L 1986, c 140, §2; am L 1987, c 59, §1; am L 1995, c 123, §1; am L 2013, c 220, §4]
Haw. Rev. Stat. § 457A-5 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-5
Fees.
Status: in_force

The director may establish fees for services rendered to carry out the purposes of this chapter.
Haw. Rev. Stat. § 461J-6 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-6
Permanent licenses.
Status: in_force

(a) An applicant for a permanent license to practice as a physical therapist or physical therapist assistant shall submit proof of educational qualifications and any other information required by the board on an application form prescribed by the board. The board shall maintain a current list of schools of physical therapy that are approved by an agency recognized by the United States Department of Education or Council on Postsecondary Accreditation.

In the case of foreign-trained persons, the board shall establish procedures for assessing the education and training to determine in each case whether it is equivalent to that of applicants trained in the United States.

(b) Except as provided under section 461J-7, every applicant for a permanent license who meets the qualifications established by the board shall take an examination administered by the board or an examination administered by a testing agency selected by the board. The board shall establish the schedule for examinations, determine the passing score, and notify applicants of the results of examinations according to rules adopted by the board. [L 1985, c 276, pt of §1; am L 1992, c 202, §142; am L 2013, c 220, §6]
Haw. Rev. Stat. § 461-8.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-8.5
Reciprocity.
Status: in_force

(a) Any pharmacist who is registered or licensed under the laws of any state or territory of the United States with qualifications for licensure which equal or exceed those of this State, shall be eligible for licensure; provided that:

(1) The pharmacist possesses a current valid license;

(2) The pharmacist has practiced as a registered pharmacist for fifteen hundred hours or more within the five years preceding the date of application;

(3) There is no disciplinary action pending or other unresolved complaints against the pharmacist in any state or territory of the United States;

(4) The pharmacist 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 if any license has been or is encumbered, the pharmacist shall provide any information requested by the board; and

(5) The laws of the other state or territory grant reciprocal treatment to licensees of this State.

The board may examine these licensees only as to knowledge of this State's statutes and rules.

(b) An applicant applying for licensure pursuant to this section shall provide proof that the standards upon which licensure was granted by another state or territory of the United States are at least equivalent to the licensing standards that were in effect in this State under sections 461-5 and 461-6 at the time licensure in the other state or territory was granted.

(c) An applicant for reciprocity who is unable to demonstrate that licensure was based on standards at least equal to those in sections 461-5 and 461-6, may be issued a temporary license while fulfilling requirements necessary for licensure in this State. The requirements and limitations of a temporary license shall be the same as those under section 461-7. [L 1985, c 264, §2; am L 1990, c 248, §4; am L 1994, c 39, §3; am L 1995, c 34, §5; am L 1996, c 208, §4]
Haw. Rev. Stat. § 437-9 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-9
§§437-9 and 437-10 REPEALED.
Status: repealed

§§437-9 and 437-10 REPEALED. L 1969, c 263, §1(9).
Haw. Rev. Stat. § 448-1.5 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-1.5
Lead apron during x-ray; required.
Status: in_force

(a) A dentist shall cover a patient's torso from the neck to the pelvis including the genital area with a lead apron while conducting an x-ray procedure on the patient.

(b) The board of dentistry, by rule adopted pursuant to chapter 91, shall establish minimum specifications for the lead apron; provided that the lead apron shall protect the patient's body from unnecessary exposure to x-rays yet not unduly discomfort the patient.

(c) Any violation of this section shall be considered an improper conduct in the practice of dentistry for the purpose of section 448-17. [L 1982, c 75, §1; am L 2018, c 203, §4]
Haw. Rev. Stat. § 451J-3 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-3
Powers and duties of the director.
Status: in_force

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

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

(2) Adopt, amend, or repeal rules pursuant to chapter 91;

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

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

(5) Appoint an advisory committee of licensed marriage and family therapists and members of the public to assist with the implementation of this chapter and the rules; except that the initial members of the committee who are marriage and family therapists shall not be required to be licensed pursuant to this chapter. [L 1998, c 159, pt of §2; am L 2016, c 29, §6]

§451J-3 Powers and duties of the director. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] In addition to any other powers and duties authorized by law, the director may:

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

(2) Adopt, amend, or repeal rules pursuant to chapter 91;

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

(4) Discipline a person licensed as a marriage and family therapist or an associate marriage and family therapist for any cause described by this chapter, or for any violation of rules, or refuse to license a person for failure to meet licensing requirements or for any cause that would be grounds for disciplining a licensed marriage and family therapist or licensed associate marriage and family therapist; and

(5) Appoint an advisory committee of licensed marriage and family therapists and members of the public to assist with the implementation of this chapter and the rules; except that the initial members of the committee who are marriage and family therapists shall not be required to be licensed pursuant to this chapter. [L 1998, c 159, pt of §2; am L 2016, c 29, §6; am L 2024, c 93, §4]
Haw. Rev. Stat. § 440-15 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-15
Receipts and reports thereon.
Status: in_force

(a) Every individual or club holding a license to conduct, hold, or give boxing contests, within seventy-two hours after the determination of every boxing contest for which admission fees are charged and received, shall furnish to the commission a written report, duly verified, showing the number of tickets sold for the contest, the amount of the gross receipts or proceeds thereof, and other matters as the commission prescribes.

(b) For purposes of this section, "gross receipts" include income received from the sale of print, internet, broadcasting, television, and motion picture rights. [L 1929, c 216, §16; RL 1935, §7003; RL 1945, §7564; am L 1953, c 165, §2; RL 1955, §165-15; am L 1959, c 155, §1; HRS §440-15; am L 1983, c 241, §13; am L 2004, c 135, §14]
Haw. Rev. Stat. § 451A-13 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-13
Discipline; grounds; proceeding; hearings.
Status: in_force

(a) In addition to any other actions authorized by law, the director may deny, revoke, or suspend any license issued under this chapter and fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to proof that the person has:

(1) Obtained a license by fraud or deceit;

(2) Obtained a fee or the making of a sale by fraud or misrepresentation;

(3) Employed with knowledge, directly or indirectly, any suspended or unlicensed person to perform any work covered by this chapter;

(4) Applied, caused, or promoted for advertising, the use of any matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation which is misleading, deceptive, or untruthful;

(5) Advertised a particular model or type of hearing aid for sale which in fact is not immediately available and where it is established that the purpose was to obtain prospects for the sale of a different model or type;

(6) Represented that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or used the words "doctor", "clinic", or similar words, abbreviations, or symbols related to the medical profession when it is not accurate;

(7) Permitted the use of a license by another;

(8) Advertised a product or used a manufacturer's name or trademark which implies a relationship which in fact does not exist;

(9) Given or offered to give, directly or indirectly, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing persons to refrain from dealing in the products of competitors;

(10) Engaged in the fitting and selling of hearing aids under a false name or alias with fraudulent intent;

(11) Sold a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids;

(12) Committed gross incompetence or negligence in fitting and selling hearing aids;

(13) Violated any provisions of this chapter and any rules;

(14) Submitted to or filed with the director any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement of fact; or

(15) Failed to report to the director any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final.

(b) Any fine imposed by the director after hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation. [L 1969, c 205, pt of §1; am L 1974, c 205, §2(14); gen ch 1985; am L 1986, c 25, §4; am L 1992, c 202, §94; am L 1997, c 88, §9]
Haw. Rev. Stat. § 467-30 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-30
Registration, bonding, and other requirements for condominium hotel operators.
Status: in_force

(a) As used in this section:

"Condominium hotel" includes those units in a project as defined in section 514B-3 and subject to chapter 514B that are used to provide transient lodging for periods of less than thirty days.

"Operating a condominium hotel" includes the:

(1) Management of the apartments or units in a condominium project for purposes of providing transient lodging; and

(2) Renting or leasing of condominium apartments or units directly or indirectly from the apartment or unit owners for purposes of providing transient lodging.

(b) All condominium hotel operators shall register with the commission as a sole proprietor, partnership, limited liability company, or corporation and shall:

(l) Register by submitting a completed commission application form with the commission requested information, receive commission approval prior to conducting condominium hotel activity, and re-register on or before the commission prescribed deadline prior to the registration expiration date. The registration and re-registration shall expire on December 31 of an even-numbered year. Registration information shall include but not be limited to the number of apartments or units managed for others as well as the number of apartments or units owned by the condominium hotel operator. Any operator failing to register with the commission shall be subject to a fine not exceeding an amount equal to $25 multiplied by the aggregate number of apartments or units being utilized as a condominium hotel. Each month or fraction of a month of noncompliance shall be deemed a new and separate violation;

(2) Obtain and keep current a fidelity bond from an insurance company authorized to issue fidelity bonds by the insurance division of the department of commerce and consumer affairs. The fidelity bond shall be in an amount equal to $500 multiplied by the aggregate number of apartments or units in the condominium hotel operation; provided that the minimum amount of the fidelity bond required by this paragraph shall not be less than $20,000 nor greater than $100,000. The aggregate number of apartments or units excludes the number of apartments or units owned by the condominium hotel operator either as a sole proprietor, partnership, limited liability company, or corporation or those apartments or units included in a registered time share plan managed by a registered time share plan manager. The fidelity bond shall cover all of the condominium hotel operator's employees handling or having custody and control of either the condominium hotel operator's or the apartment or unit owner's funds, or both. Upon request by the commission, the condominium hotel operator shall provide evidence of a current fidelity bond or a certification statement from an insurance representative of an insurance company authorized by the insurance division of the department of commerce and consumer affairs certifying that the fidelity bond is in effect and meets the requirements of this section and the rules adopted by the commission. The commission may adopt rules establishing conditions and terms by which it may grant a bond alternative or permit deductibles. No condominium hotel operator shall be exempt from the fidelity bond requirement; and

(3) Pay an application fee and an initial registration or a re-registration fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, which fees shall be deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o);

provided that this section shall not apply to persons who are subject to section 467-2.

(c) In the course of operating a condominium hotel, neither a real estate broker license nor a real estate salesperson license shall be required of those employees of a condominium hotel operator who only perform or facilitate the delivery of customary hotel services.

(d) All employees handling or having custody or control of the funds received by the condominium hotel operator shall be covered by a fidelity bond. The fidelity bond shall protect the condominium hotel operator against fraudulent or dishonest acts by the employees of the condominium hotel operator.

(e) The condominium hotel operator shall provide to the owner or owners of each apartment or unit under the condominium hotel operation a written contract expressing the exact agreements of each party, including all financial and accounting obligations, and the notification requirements of subsection (g).

(f) A condominium hotel operator shall operate in condominium projects specifically authorized for transient lodgings by county zoning and regulations and specifically permitted by the condominium project's declaration and bylaws.

(g) The registered condominium hotel operator:

(1) Shall not provide or offer lodgings thirty days or longer;

(2) Shall not be licensed as a real estate broker or a real estate salesperson;

(3) Shall not conduct any other activities contained in the definition of the term "real estate broker";

(4) Shall appoint an employee or principal to have direct management and responsibility over condominium hotel operations; and

(5) Shall provide evidence of written notification to all representing apartment or unit owners of the provisions of this section including the nonapplicability of the real estate recovery fund.

(h) Any condominium hotel operator aggrieved by the fraudulent or dishonest acts of an employee shall act promptly and diligently to recover from the fidelity bond required by this section. The condominium hotel operator shall apply all proceeds received from the fidelity bond against all losses incurred by apartment or unit owners due to fraudulent or dishonest acts by employees. If more than one apartment or unit owner suffers a loss, the condominium hotel operator shall divide the proceeds among the owners in proportion to each owner's loss.

(i) All persons handling or having custody and control of either the condominium hotel operator's or the apartment or unit owner's funds shall be either employees of the condominium hotel operator or principals of the condominium hotel operator.

(j) The registration and fidelity bond requirements of this section shall not apply to active real estate brokers, in compliance with and licensed under this chapter, conducting condominium hotel activity. [L 1985, c 141, §1; am L 1987, c 276, §1; am L 1988, c 145, §6 as superseded by c 225, §1; am L 1989, c 144, §1; am L 1990, c 41, §2; am L 1991, c 155, §5; am L 1994, c 100, §13; am L 1995, c 241, §10; am L 1997, c 45, §2 and c 232, §10; am L 1999, c 240, §9; am L 2001, c 245, §2; am L 2004, c 164, §15; am L 2007, c 244, §4; am L 2008, c 28, §27; am L 2017, c 181, §19; am L 2021, c 230, §20]
Haw. Rev. Stat. § 454F-4.5 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-4.5
Automatic secondary review of license application.
Status: in_force

(a) For each application that was determined on initial review to fail to meet the criteria for licensure, the commissioner shall provide a secondary level of review of the application which shall include the:

(1) Overall character and fitness of the applicant, taking into account all relevant circumstances and weighing all mitigating factors appropriately; and

(2) Assurance that non-discretionary licensing criteria have been applied correctly.

(b) The commissioner may request that an applicant provide any additional or supplemental information that the commissioner deems necessary for a secondary review of an application. [L 2010, c 84, pt of §3; am L 2011, c 194, §6]
Haw. Rev. Stat. § 467E-12 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-12
Revocation, suspension, denial, or condition of licenses; fines.
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, or condition in any manner any license, or fine any exempt government employee for any one or more of the following acts or conditions on the part of the applicant, licensee, or exempt person:

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

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

(3) Engaging in the practice of social work while impaired by alcohol, drugs, or mental instability;

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

(5) Aiding and abetting an unlicensed person to directly or indirectly use the title "social worker" or engage in practice as a "licensed bachelor social worker", "licensed social worker", or "licensed clinical social worker";

(6) Engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of social work;

(7) Engaging in conduct or practice contrary to recognized standards of ethics for the social work profession;

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

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

(10) Having a criminal conviction, whether by nolo contendere or otherwise, of a crime directly related to the qualifications, functions, or duties of the social work profession;

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

(12) Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under this chapter who purports to be or engages in practice as a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker;

(13) Engaging in the practice of social work beyond the scope of the person's license;

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

(15) Violating this chapter or any rules adopted pursuant thereto.

(b) Any licensee who violates this section may also be fined not more than $1,000 per violation.

(c) After a hearing pursuant to chapter 91, any exempt government employee who violates this section may be fined not more than $1,000 per violation.

(d) The department shall have the authority to investigate, prosecute, and conduct administrative hearings regarding exempt government employees. [L 1994, c 251, pt of §2; am L 2002, c 167, §14; am L 2013, c 183, §4]
Haw. Rev. Stat. § 436M-7 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-7
Automatic telephone dialers.
Status: in_force

Automatic telephone dialers shall not be programmed for a municipal emergency number such as 911 or the telephone number of any police facility. No automatic telephone dialer, whether in use prior to or after November 8, 1986, shall be used, sold, or leased unless the system complies with this section.

Revision Note

"November 8, 1986" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 448B-5 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-5
Licensure requirements.
Status: in_force

In addition to the application requirements provided by section 436B-10, the director shall adopt rules as deemed necessary for the licensure of dietitians to protect public health and safety, and may consider the following as minimum evidence that an applicant is qualified to be licensed:

(1) The applicant received a baccalaureate degree or post-baccalaureate degree from a regionally accredited college or university with a major course of study in dietetics, human nutrition, food and nutrition, or food systems management, or academic requirements related thereto, approved by the commission on accreditation, or meets equivalent core requirements for the dietetics option at the University of Hawaii. In addition to basic dietetic principles of nutrition, human physiology, biochemistry, and behavioral and social sciences, course work shall include at least nine semester credits (or twelve quarter hours) relating to food science and food preparation. Applicants who have obtained their education outside of the United States and its territories shall have their academic degree validated by an agency authorized to validate foreign academic degrees as being equivalent to a baccalaureate, master's, or doctoral degree conferred by a regionally accredited college or university in the United States. Validation of a foreign degree shall include a verification statement of completion of the major course of study or related academic requirements, basic dietetic principles, and course work specified in this paragraph;

(2) Satisfactorily complete a documented supervised practice experience component in dietetic practice of not less than nine hundred hours approved by the commission on accreditation;

(3) Pass the registration examination for dietitians administered by the Commission on Dietetic Registration; and

(4) Submit a report of any disciplinary action relating to dietetics practice taken against the applicant in another jurisdiction.

An individual who provides evidence of current registration in the association shall be deemed to have met the educational and supervised practice experience requirements of this section. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 441-24 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-24
Inspection of cemetery or pre-need funeral authority books.
Status: in_force

The books, records, and papers of every cemetery authority whether or not a corporation, which operates or claims to operate a perpetual care cemetery, and of every pre-need funeral authority shall be subject to examination by the director as provided by law, and every cemetery authority operating a perpetual care cemetery, and every pre-need funeral authority shall submit such information as may be required by the director to furnish information as to whether or not the cemetery or pre-need funeral authority has complied with this chapter.

The records of every cemetery authority shall include the information required under section 441-3(b). The records of every cemetery and pre-need funeral authority shall also include a record of any and all notifications from purchasers or representatives of purchasers regarding:

(1) Any change in address; and

(2) Notice of cancellation,

and shall include copies of any and all written notices of termination that were sent to purchasers. Change of address notices, cancellation notices, and notices of termination relating to each contract containing any pre-need funeral services or pre-need interment services shall be maintained by the authority at all times prior to delivering goods or rendering services on the contract and for a period of at least six months after all goods have been delivered or all services have been rendered. [L 1967, c 199, pt of §1; HRS §441-24; am L 1969, c 242, §7; am L 1975, c 21, §9; am L 1981, c 221, §10; am L 1983, c 167, §15; am L 1985, c 270, §4; am L 2002, c 40, §75; am L 2007, c 188, §6]
Haw. Rev. Stat. § 471-9.7 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-9.7
[ §471-9.
Status: in_force

[ §471-9.7] Sponsors; responsibilities. For the purposes of this chapter and rules adopted by the board, a sponsor shall be responsible for:

(1) Determining the level of supervision required for the sponsored individual;

(2) The veterinary care given to the animal patient by the sponsored individual;

(3) Ensuring that the board has been notified in writing; and

(4) Confirming that the sponsored individual has obtained the appropriate courtesy permit or relief permit from the board. [L 2022, c 71, pt of §1]
Haw. Rev. Stat. § 451K-13 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-13
Revocation, suspension, denial, or condition of licenses; fines.
Status: in_force

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

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

(2) Failure to report in writing to the director any disciplinary decision or rejection of license application or renewal related to genetic practice issued against the licensed genetic counselor or the applicant in any jurisdiction within thirty days of the disciplinary decision or within twenty days of licensure;

(3) Violation of recognized ethical standards for genetic counselors as set by the National Society of Genetic Counselors;

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

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

(6) Other just and sufficient cause that renders an individual unfit to practice genetic counseling. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 436E-8 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-8
REPEALED.
Status: in_force

L 1992, c 202, §181.
Haw. Rev. Stat. § 436M-6 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-6
Audible alarm systems.
Status: in_force

Every audible alarm system shall have a device to automatically terminate the audible signal within fifteen minutes of activation. No audible alarm system, whether in use prior to or after November 8, 1986, shall be used, sold, or leased unless the system complies with this section.

Revision Note

"November 8, 1986" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 453-4 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-4
Qualifications for examination and licensure.
Status: in_force

(a) Except as otherwise provided by law, no person shall be licensed to practice medicine or surgery unless the applicant has passed an examination and has been found to possess the necessary qualifications. No applicant shall be eligible for the examination sooner than the first year of residency; provided that if the applicant is a graduate of a foreign medical school, the applicant shall be eligible no sooner than the second year of residency.

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

(1) The applicant is of demonstrated competence and professional knowledge; and

(2) The applicant is a graduate of:

(A) A medical school or college whose program leading to the M.D. degree is accredited by the Liaison Committee on Medical Education or whose program leading to the D.O. degree is approved by the American Osteopathic Association Commission on Osteopathic College Accreditation, and has served a residency of at least one year in a program that has been accredited for the training of resident physicians or osteopathic physicians by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, respectively, or a residency of at least one year in a program in Canada that has been accredited for the training of resident physicians by the Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians of Canada; or

(B) A foreign medical school and has had at least two years of residency in a program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, or has had at least two years of residency in a program in Canada that has been accredited for the training of resident physicians by the Royal College of Physicians and Surgeons of Canada, or by the College of Family Physicians of Canada; and:

(i) Holds the national certificate of the Educational Commission for Foreign Medical Graduates, or its successor, or for applicants with residency training in Canada, has passed with scores deemed satisfactory by the board, the Medical Council of Canada Evaluating Examination, or its successor; or

(ii) Holds the certificate of the Fifth Pathway Program of the American Medical Association;

provided that for a period of two years after June 26, 2004, the requirements of subsection (b)(2)(B)(i) and (ii) shall not apply to any applicant who has had four years of residency in a program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and who has passed, with scores deemed satisfactory by the board, the Special Purpose Examination (SPEX).

(c) Applicants who have passed, with scores deemed satisfactory by the board, the National Board of Medical Examiners examination (NBME), the Federation Licensing Examination (FLEX), the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, or the National Board of Osteopathic Medical Examiners examination (NBOME), the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA), or the Medical Council of Canada Qualifying Examination (MCCQE), and who meet the requirements of subsection (b) shall be licensed without the necessity of any further examination; provided that with respect to any applicant, the board may require letters of evaluation, professional evaluation forms, and interviews with chiefs of service or attending physicians or osteopathic physicians who have been associated with an applicant, or chief residents on a service who have been associated with an applicant during the applicant's training or practice, to be used by the board in assessing the applicant's qualifications to practice medicine.

(d) Applicants who are licensed in another state by virtue of having passed a state-produced examination may qualify for licensure if they have passed the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable-Purpose Examination – USA (COMVEX-USA) and meet the requirements of subsection (b); provided that the board may require letters of evaluation, professional evaluation forms, and interviews with chiefs of service, attending physicians, or osteopathic physicians who have been associated with an applicant, or chief residents on a service who have been associated with an applicant during the applicant's training or practice, to be used by the board in assessing the applicant's qualifications to practice medicine. [L 1896, c 60, §3; am L 1920, c 37, §1; RL 1925, §1024; am L 1925, c 26, §2; RL 1935, §1203; am L 1939, c 183, §1; am L 1941, c 181, §1; am L Sp 1941, c 40, §§1 to 3; RL 1945, §2503; am L 1951, c 173, §1; RL 1955, §64-3; am L 1957, c 219, §1; am L 1959, c 149, §1 and c 271, §2; am L 1961, c 72, §1; am L 1965, c 218, §3; HRS §453-4; am L 1969, c 152, §1 and c 257, §3; am L 1970, c 75, §1; am L 1972, c 167, §1; am L 1973, c 126, §2; am L 1976, c 219, §7; am L 1982, c 227, §2; am L 1983, c 92, pt of §1(2); am L 1984, c 168, §9; am L 1985, c 25, §1 and c 54, §1; am L 1988, c 110, §3; am L 1990, c 295, §1; am L 1993, c 164, §1; am L 1996, c 103, §1 and c 183, §1; am L 2004, c 205, §2; am L 2008, c 5, §7]
Haw. Rev. Stat. § 457A-7 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-7
Medicare or medicaid nurse aide certification.
Status: in_force

(a) To be certified as a medicare or medicaid nurse aide, an applicant shall successfully complete:

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

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

(b) No person shall be permitted to take the examination who has not complied with the training requirements established by the director of human services in accordance with 42 United States Code sections 1395i-3 and 1396r.

(c) Reciprocity shall be granted to nurse aides who have completed a state-approved program that meets both federal and state requirements.

(d) Nurse aides employed in medicare or medicaid certified nursing facilities shall meet both federal and state requirements.

(e) Maintenance requirements for the recertification process shall be on a biennial basis, and shall include an annual performance review and in-service training and employment in a medicare or medicaid facility as required by federal and state law.

(f) No charge shall be imposed on medicare or medicaid certified nurse aides for the maintenance of the nurse aide registry. [L 2007, c 226, pt of §4]
Haw. Rev. Stat. § 445-134.17 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.17
Recordkeeping.
Status: in_force

A copy of all pawn transactions shall be kept on the pawnshop premises and open to inspection by the proper authorities for a period of one year after the maturity date.
Haw. Rev. Stat. § 448-9 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-9
Application for licensure.
Status: in_force

Any person of eighteen years or more shall be eligible for licensure upon submission of:

(1) An application to the executive officer of the board not later than forty-five days prior to the date of the scheduled examination;

(2) Application and examination fees; and

(3) Documentation and credentials that shall include but are not limited to the following:

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

(B) A certificate or other evidence satisfactory to the board of having passed parts I and II of the National Board Dental Examination or the Integrated National Board Dental Examination. [L 1949, c 177, pt of §1; am L 1955, c 170, §3(a), (b); RL 1955, §61-9; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 142, §3(b) and c 184, §8(b); am L 1963, c 114, §§1, 3; HRS §448-9; am L 1972, c 2, §19 and c 55, §1; am L 1980, c 251, §2; am L 1982, c 64, §3; am L 1983, c 220, §4; am L 1984, c 7, §26; am L 1992, c 202, §74; am L 1994, c 124, §4; am L 2004, c 69, §2 and c 166, §§4, 7; am L 2005, c 121, §1; am L 2006, c 31, §2; am L 2023, c 100, §2]
Haw. Rev. Stat. § 471-16 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-16
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. § 446E-3 — HI Code / Division 2 / Title 25 / Chapter 446E / Section 446E-3
Sanction.
Status: in_force

Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice pursuant to section 480-2.
Haw. Rev. Stat. § 466J-2 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-2
Radiologic technology board; appointment; duties.
Status: in_force

(a) The governor shall appoint and may remove in the manner prescribed in section 26-34 a radiologic technology board, to be placed in the department for administrative purposes.

(b) The board shall consist of ten members. The membership shall be composed of:

(1) Two persons licensed to practice medicine or osteopathic medicine pursuant to chapter 453 and certified by the American Board of Radiology;

(2) Four persons, each with at least five years' experience and certified in the practice of radiography, two of whom shall be persons engaged in the hospital practice of radiography;

(3) One person with at least five years' experience who is certified and engaged in the practice of radiation therapy technology;

(4) One person with at least five years' experience, who is certified and engaged in the practice of nuclear medicine technology;

(5) One person from the general public; and

(6) The director or the director's designated representative shall be the tenth, ex officio[,] voting member of the board.

(c) The board shall:

(1) Select its own chairperson from among its members;

(2) Adopt, amend, or repeal rules pursuant to chapter 91 as necessary to effectuate the purposes of this chapter;

(3) Determine minimum standards for and approve educational institutions that provide a course of instruction in radiologic technology that meets the requirements of this chapter;

(4) Withdraw approval or deny approval of educational institutions for failure to meet prescribed standards;

(5) Examine qualified applicants, grant, deny, suspend, or revoke licenses, impose administrative remedies that are authorized by this chapter, and impose such conditions as may be necessary in connection with the granting, denial, suspension, or revocation of licenses;

(6) Keep a record of all its proceedings; and

(7) Make an annual report to the governor.

(d) Members of the board shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; gen ch 1985; am L 1990, c 273, §5; am L 1991, c 42, §1; am L 1995, c 143, §3; am L 1996, c 202, §12; am L 2004, c 167, §1; am L 2009, c 11, §65]
Haw. Rev. Stat. § 467-22 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-22
Subrogation of rights.
Status: in_force

When, upon the order of the court, or upon the commission's settlement of a claim, the real estate commission has paid from the real estate recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the creditor's right, title, and interest in the judgment or settlement to the commission and any amount and interest so recovered by the commission on the judgment or settlement shall be deposited to the fund.
Haw. Rev. Stat. § 449-2 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-2
Rules.
Status: in_force

Subject to chapter 91, the commissioner may adopt such rules as the commissioner deems necessary for the effective administration and enforcement of this chapter.
Haw. Rev. Stat. § 440G-10 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-10
Renewal of cable franchise.
Status: in_force

Any cable franchise issued pursuant to this chapter may be renewed by the director upon approval of a cable operator's application or proposal therefor. The form of the application or proposal shall be prescribed by the director. The periods of renewal shall be not less than five nor more than twenty years each. The director shall require of the applicant full disclosure, including the proposed plans and schedule of expenditures for or in support of the use of public, educational, or governmental access facilities.
Haw. Rev. Stat. § 440-20 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-20
Judges; duties.
Status: in_force

The boxing commission may in its discretion appoint two judges to act with the referee in rendering a decision or three judges to act with a nonvoting referee in rendering a decision.
Haw. Rev. Stat. § 440-9 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-9
Jurisdiction of commission.
Status: in_force

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

(b) No professional boxing contest shall take place unless the commission has approved all proposed bouts. In addition, the commission shall not allow any professional boxing contest unless:

(1) The contestants use gloves not less than six ounces in weight;

(2) The contest consists of not more than twelve rounds of a duration of not more than three minutes each with an interval of one minute between each round and the succeeding round;

(3) Each contestant is at least eighteen years of age;

(4) One hour prior to the contest each contestant is examined by a licensed physician who shall certify in writing to the referee of the contest that the contestant is physically fit to engage therein;

(5) The promoter has complied with sections 440-10 and 440-11; and

(6) All participants have complied with the requirements provided in this chapter and rules adopted in accordance with chapter 91. [L 1929, c 216, §10; RL 1935, §6997; RL 1945, §7558; am L 1949, c 264, §4; am L 1951, c 307, §5; RL 1955, §165-9; HRS §440-9; am L 1979, c 14, §1; am L 1983, c 241, §7; am L 1986, c 135, §6; am L 2004, c 135, §8]
Haw. Rev. Stat. § 448H-4 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-4
Meetings.
Status: in_force

The board shall meet not less than twice a year at a time and place as determined by the board. The board shall also meet but not later than thirty days prior to the licensing examination pursuant to section 448H-5(2) in order to evaluate applications therefor. Any board member who misses two consecutive meetings of the board or fifty per cent of the meetings in a year shall be removed from the board.
Haw. Rev. Stat. § 454M- — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-
[ §454M- 2.
Status: in_force

[ §454M- 2.5] Unlicensed foreclosure actions voided. Any action taken in connection with a mortgage foreclosure under chapter 667 by a nonexempt person who engages in the business of mortgage servicing without a license as provided in this chapter shall be void for purposes of chapter 667.
Haw. Rev. Stat. § 468L-12 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-12
Criminal penalties.
Status: in_force

A person commits the criminal offense of theft if the person, being a travel agency or an agent, employee, or independent contractor of a travel agency, knowingly or intentionally violates section 468L-5(a), (b), or (c).
Haw. Rev. Stat. § 451K-14 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-14
Hearings; appeals.
Status: in_force

The director shall establish a hearing and appeals process for persons to appeal the revocation, suspension, denial, or condition of a license.
Haw. Rev. Stat. § 443B-4.55 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.55
Single act; evidence of practice.
Status: in_force

Evidence that a collection agency has committed any act which is prohibited by this chapter shall be sufficient to justify the remedies set forth in this chapter, without proof of a general course of conduct.
Haw. Rev. Stat. § 448E-8.5 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-8.5
Continued competency; license renewals.
Status: in_force

(a) Prior to each license renewal, all licensed electricians except maintenance electricians shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the National Electrical Code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the National Electrical Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. Fees related to the examination shall be paid by the licensee directly to the professional testing agency.

(b) Prior to each license renewal, all licensed plumbers shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the Uniform Plumbing Code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the Uniform Plumbing Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. A licensee shall pay all fees related to the examination directly to the professional testing agency.

(c) A licensee who has been issued a new license within one year of the renewal date shall not be required to take the course or the examination to renew the licensee's license. [L 1994, c 215, §2; am L 1997, c 76, §1; am L 2004, c 127, §2]
Haw. Rev. Stat. § 436M-3 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-3
Records and reports.
Status: in_force

Each alarm business that maintains, services, or monitors alarm systems shall keep accurate and up-to-date business records as may be required for at least two years. The records shall include a log of all alarm activations, the date and time of each activation, the reason (insofar as reason can be determined) for each activation, and monthly counts of the number of activations at each alarm user site that are reported to the police.
Haw. Rev. Stat. § 436E-6 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-6
Board of acupuncture.
Status: in_force

(a) There shall be a board of acupuncture, the members of which shall be appointed by the governor.

The board shall consist of five persons, two of whom shall be private citizens and three shall be acupuncturists licensed in accordance with this chapter.

(b) Commencing July 1, 1992, and thereafter, each person appointed to the board shall have a four-year term and shall serve not more than two consecutive terms. Members appointed to the board prior to July 1, 1992, shall be permitted to continue to serve on the board until such time when a maximum of eight consecutive years from the date of initial appointment has been attained. [L 1985, c 214, pt of §1; am L 1992, c 8, §1 and c 202, §22]
Haw. Rev. Stat. § 447-3 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-3
Employment of and practice by dental hygienists.
Status: in_force

(a) Any licensed dentist, legally incorporated eleemosynary dental dispensary or infirmary, private school, welfare center, hospital, nursing home, adult day care center or assisted living facility, mental institution, nonprofit health clinic, or the State or any county, may employ licensed dental hygienists.

(b) Clinical dental hygiene may be practiced by a licensed dental hygienist. The practice of clinical dental hygiene is defined as the removal of hard and soft deposits and stains from the portion of the crown and root surfaces to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, the application of preventive chemical agents to the coronal surfaces of teeth, which chemical agents have been approved by the board of dentistry, and the use of mouth washes approved by the board, but shall not include the performing of any repair work or the preparation thereof, or any other operation on the teeth or tissues of the mouth; provided that nothing in this subsection shall prohibit a dental hygienist from using or applying topically any chemical agent that has been approved in writing by the department of health for any of the purposes set forth in part V of chapter 321, and other procedures delegated by a dentist in accordance with the rules of the board of dentistry.

In addition, a licensed dental hygienist may administer intra-oral infiltration local anesthesia and intra-oral block anesthesia under the supervision of a licensed dentist as provided in section 447-1(f) after being certified by the board, and for those categories of intra-oral infiltration local anesthesia and intra-oral block anesthesia for which the licensed dental hygienist has been certified through a course of study meeting the requirements of this chapter.

(c) A licensed dental hygienist may operate in the office of any licensed dentist, or legally incorporated eleemosynary dental dispensary or infirmary, private school, welfare center, hospital, nursing home, adult day care center or assisted living facility, mental institution, nonprofit health clinic, or in any building owned or occupied by the State or any county, but only under the aforesaid employment and under the direct or general supervision of a licensed dentist as provided in section 447-1(f). No dental hygienist may establish or operate any separate care facility that exclusively renders dental hygiene services.

(d) Notwithstanding section 447-1(f), a licensed dental hygienist may operate under the supervision of any licensed dentist providing dental services in a public health setting. General supervision is permitted in a public health setting; provided that the supervising licensed dentist is available for consultation; provided further that a licensed dental hygienist shall not perform any irreversible procedure or administer any intra-oral block anesthesia under general supervision. In a public health setting, the supervising licensed dentist shall be responsible for all delegated acts and procedures performed by a licensed dental hygienist. Notwithstanding section 447-1(f), a licensed dental hygienist under the general supervision of a licensed dentist employed in a public health setting may perform dental education, dental screenings, teeth cleanings, intra-oral or extra-oral photographs, x-rays if indicated, and fluoride applications on individuals who are not yet patients of record, have not yet been examined by a licensed dentist, or do not have a treatment plan. Other permissible duties shall be pre-screened and authorized by a supervising licensed dentist, subject to the dentist's determination that the equipment and facilities are appropriate and satisfactory to carry out the recommended treatment plan. A licensed dental hygienist shall refer individuals not currently under the care of a dentist and who are seen in a public health setting to a dental facility for further dental care. No direct reimbursements shall be provided to licensed dental hygienists.

As used in this subsection, "public health setting" includes but is not limited to dental services in a legally incorporated eleemosynary dental dispensary or infirmary, private or public school, welfare center, community center, public housing, hospital, nursing home, adult day care center or assisted living facility, mental institution, nonprofit health clinic or facility, or the State or any county.

(e) Notwithstanding section 447-1(f), a licensed dental hygienist may perform preventive dental sealant screenings and apply preventive dental sealants on individuals who may or may not yet be patients of record, have not been previously examined by a licensed dentist, or do not have a treatment plan prescribed by a licensed dentist, when under the general supervision of a licensed dentist in a school-based oral health program. [L 1920, c 7, §3; RL 1925, §1085; am L 1925, c 33, pt of §1; RL 1935, §1002; RL 1945, §2183; am L 1945, c 118, §3; RL 1955, §62-3; am L 1965, c 242, §1; HRS §447-3; am L 1970, c 30, §1; am L 1971, c 53, §1; am L 1985, c 285, §1; am L 1987, c 73, §2; am L 1989, c 232, §2; am L 1994, c 183, §3; am L 1997, c 9, §3; am L 1999, c 97, §4; am L 2002, c 231, §2; am L 2017, c 83, §3; am L 2018, c 139, §1 and c 203, §4; am L 2024, c 97, §2]
Haw. Rev. Stat. § 457-8.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-8.5
Advanced practice registered nurse; qualifications; licensure; endorsement; fees; eligibility.
Status: in_force

(a) The board shall grant an advanced practice registered nurse license to a nurse who has:

(1) A current, unencumbered license as a registered nurse in this State;

(2) An unencumbered license as a registered nurse in all other states in which the nurse has a current and active license;

(3) An unencumbered license as an advanced practice registered nurse or similar designation in all other states in which the nurse has a current and active license as an advanced practice registered nurse;

(4) Completed an accredited graduate-level education program preparing the nurse for one of the four recognized advanced practice registered nurse roles;

(5) A current, unencumbered certification of having passed a national certification examination that measures role and population-focused competencies and is recognized by the board;

(6) Maintained continued competencies through recertification in role and population-focused competencies through a national certification program recognized by the board;

(7) Acquired advanced clinical knowledge and skills preparing the nurse to provide direct care to patients through a significant educational and practical concentration on the direct care of patients;

(8) Demonstrated a greater breadth of knowledge, a greater synthesis of data, greater complexity of skills and interventions, and greater role autonomy than demonstrated by a registered nurse;

(9) Been educationally prepared to assume responsibility and accountability for health promotion and maintenance and to assess, diagnose, and manage patient problems through the use and prescription of pharmacologic and non-pharmacologic interventions;

(10) Acquired clinical experience of sufficient depth and breadth to reflect the intended license;

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

(12) Paid the appropriate fees.

(b) Any person licensed as an advanced practice registered nurse prior to October 1, 2009, whose license was granted based on a master's degree in nursing or a current certification for specialized and advanced nursing practice from a national certifying body recognized by the board shall be eligible to renew that license; provided that all nurse licenses and prescriptive authorities or similar designations held by the person in any jurisdiction are unencumbered.

(c) Any person applying for advanced practice registered nurse licensure by endorsement shall be licensed as an advanced practice registered nurse; provided that:

(1) The person applying is licensed as a registered nurse in this State; and

(2) All nurse licenses and prescriptive authorities or similar designations held by the person under the laws of this State, another state, or a United States territory are unencumbered, and the originating state's requirements were equal to or greater than the board's advanced practice registered nurse requirements which were in effect prior to October 1, 2009.

An advanced practice registered nurse shall be eligible to renew the license granted under this subsection; provided that all nurse licenses and prescriptive authorities or similar designations held by the person in this State, another state, or a United States territory are unencumbered.

(d) Only a person who has a current, unencumbered license from the board to practice as an advanced practice registered nurse shall use the title "Advanced Practice Registered Nurse" and the abbreviation "A.P.R.N.". No other person shall assume the title " nurse " or in any manner imply that the person is a nurse except as defined in section 457-2 or as provided in sections 457-7 and 457-8 or use the abbreviation "A.P.R.N." or any other words, letter, sign, or device to indicate that the person using the same is an advanced practice registered nurse. Nothing in this section shall preclude a registered nurse who is not licensed by the board as an advanced practice registered nurse and who is currently certified by a national certifying body recognized by the board from using another title designated by certification. [L 1994, c 277, §1; am L 1995, c 88, §4; am L 1996, c 150, §4; am L 1998, c 279, §2; am L 2000, c 8, §1; am L 2004, c 88, §4; am L 2009, c 169, §9; am L 2013, c 19, §2; am L 2014, c 46, §7; am L 2016, c 97, §5]
Haw. Rev. Stat. § 451K-4 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-4
Licensure required.
Status: in_force

No individual shall purport to be a licensed genetic counselor or use the letters "L.G.C." in connection with the individual's name, or use any words or symbols indicating or tending to indicate that the individual is a licensed genetic counselor without meeting the applicable requirements and holding a license as set forth in this chapter.
Haw. Rev. Stat. § 449-16 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-16
Accounting for moneys, property, etc.
Status: in_force

(a) Every licensee under this chapter shall have the responsibility of a trustee for all moneys, other consideration, or instruments received by it. No licensee shall mingle any such moneys or other property with its own moneys or other property, or with moneys or other property held by it in any other capacity. All moneys held by a licensee in escrow as herein defined shall be deposited in financial institutions, payable on demand. Under this chapter, deposits in financial institutions are limited to sweep accounts as described in this section, checking accounts, money market deposit accounts, and savings accounts with no specified maturity date. Deposits at financial institutions may be held in sweep accounts, provided that:

(1) The licensee using the sweep account shall have a net worth of not less than $1,000,000;

(2) The sweep account is a deposit account administered by a financial institution in which the moneys over a minimum balance are periodically transferred into a money market mutual fund account invested only in obligations of:

(A) The United States government;

(B) Agencies backed by the full faith and credit of the United States government; or

(C) Agencies originally established or chartered by the United States government to serve public purposes; and

periodically recredited to the sweep account; and

(3) The licensee is liable for all moneys transferred to the money market mutual fund account under the sweep account, including any loss of value.

(b) No licensee shall disburse funds from an escrow account until cash and or items sufficient to fund any disbursements from the account have been received and deposited to the account, and with respect to such items the licensee complies with the provisions of either paragraphs (1) or (2) hereof.

(1) Where an item has been received and submitted for collection, no licensee shall disburse funds from an escrow account with respect to the item until final settlement of the item has been received by the financial institution to which the item has been submitted for collection.

(2) No licensee shall disburse funds from the escrow account with respect to an item drawn on a financial institution until the licensee confirms that sufficient collected funds are on deposit in the drawer's account.

(c) A licensee may deliver any money, consideration, or instrument affecting the title to real property prior to funds becoming available for disbursement under subsection (b) if it has received the written consent of the parties to the transaction. [L 1967, c 144, pt of §1; HRS §449-16; am L 1985, c 269, §50; am L 1986, c 331, §3; am L 2001, c 184, §5]
Haw. Rev. Stat. § 444-9.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-9.5
Performance of electrical and plumbing work; licensing of electrical and plumbing workers.
Status: in_force

(a) A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that:

(1) If the contractor's responsible managing employee, which includes a sole proprietor, is not licensed in accordance with chapter 448E, the contractor shall employ individuals licensed in accordance with chapter 448E to actually perform the electrical or plumbing work, respectively, subject to this section; and

(2) Employees of a community antennae television company and employees of a public utility within the State that is franchised or chartered by the State and regulated by the public utilities commission shall be exempt from this section while so employed and acting within the scope of their employment.

(b) At least half of all individuals performing electrical or plumbing work employed on a construction job site by an electrical or plumbing contractor shall be licensed in accordance with chapter 448E. The board may waive this requirement in any county when there are insufficient licensed electrical or plumbing workers in that county to comply with this section.

(c) All individuals employed on a construction job site by an electrical or plumbing contractor who are licensed in accordance with chapter 448E shall visibly display their license on their person while on the construction job site. Only individuals displaying their license at the time of a site inspection shall be counted as a licensee to determine compliance with this section. [L 1971, c 183, §2; gen ch 1985; am L 2006, c 274, §2; am L 2010, c 28, §2; am L 2017, c 173, §2]
Haw. Rev. Stat. § 465D-4 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-4
License required.
Status: in_force

(a) Beginning on January 1, 2016, except as specifically provided in this chapter, no person shall engage in the practice of applied behavior analysis or use the title "licensed behavior analyst" or "behavior analyst" without a valid license issued pursuant to this chapter.

(b) Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. [L 2015, c 199, pt of §2; am L 2018, c 205, §4]
Haw. Rev. Stat. § 463-6 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-6
Private detectives and detective agencies; qualifications for license.
Status: in_force

(a) The board may grant a private detective license to any suitable individual, or a detective agency license to any suitable firm making written application therefor. The applicant, if an individual, or the principal detective of a firm shall:

(1) Be not less than eighteen years of age;

(2) Have had a high school education or its equivalent;

(3) Have had experience reasonably equivalent to at least four years of full-time investigational work;

(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and

(6) Possess a history of honesty, truthfulness, financial integrity, and fair dealing.

A firm applying for a detective agency license shall have in its employ an individual who is licensed as a private detective and who shall be designated as the principal detective for the firm, and shall provide a bond as required under section 463-12.

(b) A detective agency may employ as many agents, operatives, and assistants in an investigative capacity and as necessary for the conduct of business; provided that the principal detective shall be held responsible for, and have direct management and control of, the agency and the agency's employees while they are acting within the scope and purpose of the detective agency's business. These employees shall not be required to have private detective licenses, and shall:

(1) Have had an eighth grade education or its equivalent;

(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and

(4) Be registered with the board upon employment with the agency.

The employer, with the written authorization of the employee, shall conduct a criminal history records check of all new employees employed in an investigative capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §1; Supp, §165A-6; HRS §463-6; am L 1974, c 21, §2 and c 205, §2(23); am L 1983, c 40, §3; am L 1987, c 57, §3; am L 1994, c 122, §3; am L 2004, c 94, §5]
Haw. Rev. Stat. § 448-15 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-15
No corporation to practice dentistry; penalty.
Status: in_force

No corporation shall practice dentistry or engage therein, or hold itself out as being entitled to practice dentistry, or furnish dental services or dentists, or advertise under or assume the title of dentist or dental surgeon or equivalent title, or furnish dental advice for any compensation, or advertise or hold itself out with any other person or alone, that it has or owns a dental office or can furnish dental service, dentists, or dental surgeons, or solicit through itself, or its agents, officers, employees, directors, or trustees, dental patronage for any dentist or dental surgeon employed by any corporation; provided that nothing in this section shall prohibit a corporation from employing a dentist or dentists to render free dental services to its employees, nor shall it apply to corporations or associations in which the dental services were originated and are being conducted upon a purely charitable basis for the worthy poor, nor shall it apply to corporations or associations furnishing information or clerical services which can be furnished by persons not licensed to practice dentistry, to any person lawfully engaged in the practice of dentistry, when the dentist assumes full responsibility for the information and services, nor shall it apply to dental service corporations formed for the primary purpose of contracting with individuals, groups of individuals, and corporations for defraying or assuming the cost of services of dentists and dental surgeons and of contracting on behalf of dentists and dental surgeons to furnish such services as provided in chapter 423, nor shall it apply to professional corporations as defined in chapter 415A. Any corporation violating this section shall be fined not less than $200 or more than $500 for each offense, and each day's violation shall be considered a separate offense.

Every association of persons engaged in the practice of dentistry under the name of an association or other title, shall cause to be displayed and kept in a conspicuous place at the entrance to its place of business the names of each and every person employed by the association in the practice of dentistry; and every person so employed by any association shall cause the person's name to be so displayed. Any person employed by the association whose name is not displayed as above provided shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided; and the association, and the persons comprising the same, for failure to display the aforesaid names, shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided. [L 1903, c 40, §11; RL 1925, §1076; RL 1935, §991; am L 1937, c 220, §5; RL 1945, §2162; RL 1955, §61-15; am L 1961, c 69, §1; HRS §448-15; am L 1969, c 226, §4; am L 1983, c 167, §18; am L 1985, c 270, §4; gen ch 1985; am L 1996, c 13, §13]
Haw. Rev. Stat. § 458-12 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-12
REPEALED.
Status: in_force

L 1992, c 202, §219.
Haw. Rev. Stat. § 445-135 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-135
Acting without license; penalty.
Status: in_force

No person shall engage in business as a pawnbroker without first obtaining a license from the treasurer. Any person who carries on the business of pawnbroker except by authority of the license provided for in this part shall be fined not less than $5,000 nor more than $25,000.
Haw. Rev. Stat. § 436E-3.5 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-3.5
Physicians and osteopaths not exempt.
Status: in_force

Persons licensed under chapter 453 who desire to practice acupuncture shall be subject to licensing under this chapter.
Haw. Rev. Stat. § 461J-2.5 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-2.5
Prohibited practices.
Status: in_force

A physical therapist shall not use invasive procedures. For purposes of this section, an invasive procedure is the breaking or puncturing of a person's good skin integrity, for example, through surgery or injections.
Haw. Rev. Stat. § 459-9.2 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-9.2
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

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

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §21]
Haw. Rev. Stat. § 461-13.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-13.5
[ §461-13.
Status: in_force

[ §461-13.5] Pharmacies; prescription drug label information; accessibility. (a) When dispensing a prescription drug to an individual who, as acknowledged by the individual, has difficulty seeing or reading standard printed labels on prescription drug containers, the dispensing pharmacy shall provide the individual with a means of access to obtain the prescription drug label information required pursuant to section 328-16(a) by:

(1) Including an electronic label affixed to the prescription drug container that transmits prescription drug label information, directions, and written instructions to an end-user's external accessible device, including an individual's compatible prescription drug reader; or

(2) Providing a prescription drug reader at no cost to the individual.

(b) Dispensing pharmacies shall make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers.

(c) Dispensing pharmacies shall otherwise follow the best practices as recommended by the United States Access Board for pharmacies in providing independent access to prescription drug label information.

(d) This section shall not apply to a pharmacy that is a sole proprietorship with no more than two pharmacists; provided that the pharmacy has requested and been granted an exemption from the requirements of this section by the board; provided further that the exemption shall be subject to an annual review and approval that the board may grant on a case-by-case basis upon a finding that compliance with this section would result in an undue burden for the pharmacy, determined by the board in accordance with the Americans with Disabilities Act (42 U.S.C. 12182). [L 2023, c 256, §2]
Haw. Rev. Stat. § 463-13 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-13
Exemptions.
Status: in_force

[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.] This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons, firms, or corporations, or as to personal habits and financial responsibility, of applicants for insurance, indemnity bonds, or commercial credit, or an attorney-at-law in performing the attorney's duties as such attorney-at-law.
Haw. Rev. Stat. § 437D-8.4 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-8.4
License and registration fees.
Status: in_force

(a) [Repeal and reenactment on December 31, 2030. L Sp 2017, c 1, §6.] Notwithstanding any law to the contrary, a lessor may visibly pass on to a lessee:

(1) The general excise tax attributable to the transaction;

(2) The vehicle license recovery fees, prorated at 1/292nd of the annual vehicle license recovery fees actually paid on the particular vehicle being rented for each full or partial twenty-four-hour rental day that the vehicle is rented; provided the total of all vehicle license recovery fees charged to all lessees shall not exceed the annual vehicle license recovery fees actually paid for the particular vehicle rented;

(3) The surcharge taxes imposed in chapter 251 attributable to the transaction;

(4) The county surcharge on state tax under section 46-16.8; provided that the lessor itemizes the tax for the lessee; and

(5) The rents or fees paid to the department of transportation under concession contracts negotiated pursuant to chapter 102, service permits granted pursuant to title 19, Hawaii Administrative Rules, or rental motor vehicle customer facility charges established pursuant to section 261-7; provided that:

(A) The rents or fees are limited to amounts that can be attributed to the proceeds of the particular transaction;

(B) The rents or fees shall not exceed the lessor's net payments to the department of transportation made under concession contract or service permit;

(C) The lessor submits to the department of transportation and the department of commerce and consumer affairs a statement, verified by a certified public accountant as correct, that reports the amounts of the rents or fees paid to the department of transportation pursuant to the applicable concession contract or service permit:

(i) For all airport locations; and

(ii) For each airport location;

(D) The lessor submits to the department of transportation and the department of commerce and consumer affairs a statement, verified by a certified public accountant as correct, that reports the amounts charged to lessees:

(i) For all airport locations;

(ii) For each airport location; and

(iii) For each lessee;

(E) The lessor includes in these reports the methodology used to determine the amount of fees charged to each lessee; and

(F) The lessor submits the above information to the department of transportation and the department of commerce and consumer affairs within three months of the end of the preceding annual accounting period or contract year as determined by the applicable concession agreement or service permit.

The respective departments, in their sole discretion, may extend the time to submit the statement required in this subsection. If the director determines that an examination of the lessor's information is inappropriate under this subsection and the lessor fails to correct the matter within ninety days, the director may conduct an examination and charge a lessor an examination fee based upon the cost per hour per examiner for evaluating, investigating, and verifying compliance with this subsection, as well as additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination, which shall relate solely to the requirements of this subsection, and which shall be billed by the departments as soon as feasible after the close of the examination. The cost per hour shall be $40 or as may be established by rules adopted by the director. The lessor shall pay the amounts billed within thirty days following the billing. All moneys collected by the director shall be credited to the compliance resolution fund.

(b) A representation by the lessor to the lessee which states that the visible pass on of the charges in this section is mandatory or that it is a government assessment upon the consumer shall be a per se violation of section 480-2. [L 1997, c 140, §1; am L 1999, c 223, §3; am L 2005, c 247, §§6, 9(3); am L 2008, c 226, §8; am L 2014, c 110, §6; am L 2015, c 240, §7; am L 2017, c 137, §3]
Haw. Rev. Stat. § 463-11 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-11
Association with government not to be implied.
Status: in_force

No licensee shall use any designation or trade name which implies any association with any municipal, county, state, or territorial government or the federal government, or any agency thereof; nor shall a licensee or employee of any licensee wear any badge or uniform capable of being associated with the badge or uniform of any government law enforcement organization.
Haw. Rev. Stat. § 436E-7 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-7
Powers and duties of the board.
Status: in_force

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

(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter, with special emphasis on the health and safety of the public;

(2) Develop standards for licensure;

(3) Prepare, administer, and grade examinations, provided that the board may contract with a testing agency to provide those services;

(4) Issue, renew, suspend, and revoke licenses;

(5) Register applicants or holders of a license;

(6) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;

(7) Maintain a record of its proceedings; and

(8) Do all things necessary to carry out the functions, powers, and duties set forth in the chapter. [L 1985, c 214, pt of §1; am L 1992, c 202, §23]
Haw. Rev. Stat. § 459-2 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-2
Optometry; unauthorized practice, unlawful.
Status: in_force

It shall be unlawful for any person to practice optometry or to append the letters "O.D." or any other optometric degree to a person's name with the intent thereby to imply that the individual is a practitioner of optometry, without first securing and holding an unrevoked and unsuspended license under and as provided in this chapter. This chapter shall not:

(1) Apply to, or prohibit, a duly licensed physician from practicing optometry as defined in this chapter;

(2) Prohibit a duly licensed physician or optometrist from filling prescriptions or orders;

(3) Prohibit the replacement, duplication, or repair of ophthalmic lenses, contact lenses, or frames, or fittings thereof, by persons qualified to write or fill prescriptions or orders under this chapter;

(4) Prohibit or prevent any dispensing optician licensed under chapter 458 from performing the activities authorized by the license; or

(5) Apply to optometric service corporations formed for the primary purpose of contracting with individuals, groups of individuals, and corporations for defraying or assuming the cost of services of optometrists and of contracting on behalf of optometrists to furnish services as provided in chapter 424. [L 1949, c 58, §1(2); RL 1955, §68-2; am L 1965, c 84, §1; HRS §459-2; am L 1985, c 224, §2; am L 1987, c 300, §16; am L 2021, c 230, §19]
Haw. Rev. Stat. § 448-24 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-24
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 453D-10 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-10
Licensure; fees.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] A license shall be issued to a person deemed to be qualified under section 453D-7 upon the payment of a license fee to be determined by the department and shall be valid for three years.

§453D -10 Licensure; fees. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] A license shall be issued to a person deemed to be qualified under sections 453D-7.5 or 453D-7 upon the payment of a license fee to be determined by the department and shall be valid for three years; provided that provisional licenses shall be valid for one year. [L 2004, c 209, pt of §2; am L 2008, c 206, §1; am L 2024, c 93, §16]
Haw. Rev. Stat. § 465-3.5 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-3.5
Public service employment.
Status: in_force

(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] Notwithstanding other provisions in this chapter the director of health may certify that there is an absence or shortage of licensed psychologists for government employment in a particular locality. Upon receiving certification of the absence or shortage, the board shall authorize the director to hire and retain persons currently in government employment to fill the absence or shortage; provided persons hired or retained have been duly licensed as a psychologist by written examination under the laws of another state or territory of the United States prior to 1977.

(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above.] Notwithstanding other provisions in this chapter, the director of health may certify that there is an absence or shortage of licensed psychologists or associate psychologists for government employment in a particular locality. Upon receiving certification of the absence or shortage, the board shall authorize the director to hire and retain persons currently in government employment to fill the absence or shortage; provided that persons hired or retained have been duly licensed as a psychologist by written examination under the laws of another state or territory of the United States prior to 1977.

(b) Persons hired and retained under this section shall be exempt from the requirements of this chapter for no more than eighteen months while employed in a government position that the director continues to certify as subject to an absence or shortage.

(c) In no case shall persons hired and retained under the provisions of this section provide private patient care for a fee. [L 1992, c 265, §1; am L 2024, c 93, §24]