reglab/housing_qa huggingface dataset:
HI Rev Stat § 457-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457. Nurses|457-15 Injunctive relief.

  §457-15 Injunctive relief. The practice of nursing as a registered nurse or as a licensed practical nurse by any person who has not been issued a license under this chapter or whose license has been suspended or revoked or has expired is declared to be inimical to the public welfare and to constitute a public nuisance. The board of nursing may, through the attorney general, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or expired, from practicing nursing as a registered nurse or as a licensed practical nurse; and, upon the filing of a verified petition in court, the court or any judge thereof, if satisfied by affidavit, or otherwise, that the person is or has been practicing nursing as a registered nurse or as a licensed practical nurse without having been issued a license, or after the person's license has been suspended or revoked or expired, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing nursing as a registered nurse or as a licensed practical nurse. A copy of the verified petition shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it be established that the defendant has been or is practicing nursing as a registered nurse or as a licensed practical nurse without having been issued a license or has been or is practicing nursing as a registered nurse or as a licensed practical nurse after the defendant's license has been revoked, or expired, the court, or any judge thereof, may enter a decree perpetually enjoining the defendant from further practicing nursing as a registered nurse or as a licensed practical nurse. In case of violation of any injunction issued under this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. [L 1970, c 71, pt of §1; am L 1983, c 119, §12]
HI Rev Stat § 457-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457. Nurses|457-16 Severability.

  §457-16 Severability. If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable. [L 1970, c 71, pt of §1]
HI Rev Stat § 457-17 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457. Nurses|457-17 Telehealth; privacy, security, and confidentiality.

  §457-17 Telehealth; privacy, security, and confidentiality. [Section effective January 1, 2017.] Services relating to the practice of nursing provided by telehealth pursuant to this chapter shall be consistent with all federal and state privacy, security, and confidentiality laws. [L 2016, c 226, §3]
HI Rev Stat § 457A-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-1 Findings and purpose.

  §457A-1 Findings and purpose. (a) The legislature recognizes that 42 United States Code sections 1395i-3 and 1396r require nurse aides working in nursing facilities participating in medicare and medicaid programs to be certified.  (b) The legislature also recognizes that nurse aides who work in state-licensed or state-certified health care settings should be certified for the purpose of consumer safety and held to similar standards of competency and evaluation appropriate for these settings. This chapter implements 42 United States Code sections 1395i-3 and 1396r with respect to:  (1) Establishing the State's regulatory scheme for certifying nurse aides;  (2) Defining the scope of regulation;  (3) Establishing standards for certification and biennial recertification; and  (4) Establishing an interagency agreement between the state agencies responsible for various aspects of the program. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(1); am L 2007, c 226, §5]
HI Rev Stat § 457A-1.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-1.5 Definitions.

  §457A-1.5 Definitions. As used in this chapter:  "Certified nurse aide" means a nurse aide who has met the requirements for certification under section 457A-7 or 457A-8.  "Director" means the director of commerce and consumer affairs.  "Medicare or medicaid certified nursing facility" means any intermediate care facility or skilled nursing facility licensed pursuant to section 321-11(10) and certified by the department of health in accordance with 42 United States Code sections 1395i-3 and 1396r.  "Medicare or medicaid nurse aide" means a certified nurse aide who works in a medicare or medicaid certified nursing facility.  "Nurse aide" means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. A nurse aide may also assist a nurse by changing bed linens, delivering messages, and sterilizing instruments.  "State-licensed or state-certified health care settings" means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health.  "Substantiated finding" means documentation of an investigation by the State that leads the State to conclude that an allegation is valid, including:  (1) The nature of the allegation and the evidence that led to the conclusion;  (2) The date of the hearing, if the individual chose to have one, and its outcome;  (3) A statement of the individual disputing the allegation, if the individual chose to make one; or  (4) A criminal conviction. [L 2007, c 226, pt of §4; am L 2016, c 21, §2]
HI Rev Stat § 457A-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-2 Implementation.

  §457A-2 Implementation. (a) The director shall implement the provisions of this chapter, in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to:  (1) The minimum requirements and standards for certification as a nurse aide;  (2) Examination requirements, including the passing score;  (3) Maintenance requirements for continued certification on a biennial basis; and  (4) Implementation of a certified nurse aide registry.  (b) The director of health shall implement this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to disciplining certified nurse aides who are employed in:  (1) Nursing facilities participating in medicare and medicaid programs; and  (2) Health care settings licensed or certified by the department of health.  (c) The director of human services shall implement this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to training programs for nurse aides and recertification; provided that recertification shall be required not less than every two years and the number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(2); am L 2007, c 226, §6; am L 2009, c 108, §3; am L 2016, c 21, §3]
HI Rev Stat § 457A-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-3 Power of director.

  §457A-3 Power of director. (a) The director, in accordance with chapters 91 and 92, shall adopt rules to implement the provisions of this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r and the federal regulations adopted pursuant thereto, that relate to:  (1) The minimum requirements necessary for certification as a nurse aide;  (2) Examination requirements, including the passing score and provisions for contesting examination results;  (3) Maintenance requirements for continued certification; and  (4) Implementation and maintenance of a nurse aide registry of certified nurse aides employed in medicare or medicaid certified nursing facilities and certified nurse aides in other state-licensed and state-certified health care settings.  (b) The director shall issue certificates to qualified nurse aides and shall be responsible for maintenance of an up-to-date nurse aide registry that shall include the names of certified nurse aides, their places of employment, and all information that is reported by the department of health and the department of human services. The director's role, with regard to the disciplining of certified nurse aides, shall be limited to the placement into the certified nurse aide registry of all information and substantiated findings from the department of health, as required by 42 United States Code sections 1395i-3 and 1396r, and the department of human services, within ten working days of the finding, which information shall permanently remain in the registry except if:  (1) The finding was made in error;  (2) The individual is found not guilty in court; or  (3) The State receives notification of the individual's death. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(3); am L 2007, c 226, §7; am L 2016, c 21, §4]
HI Rev Stat § 457A-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-4 Contract for administrative services.

  §457A-4 Contract for administrative services. The director may contract with a professional testing service that is qualified to test the competency of nurse aides. The department may require that fees for services be paid directly to the professional testing service. [L 1990, c 271, pt of §1]
HI Rev Stat § 457A-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-5 Fees.

  §457A-5 Fees. The director may establish fees for services rendered to carry out the purposes of this chapter. [L 1990, c 271, pt of §1]
HI Rev Stat § 457A-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-6 Certification required.

  §457A-6 Certification required. Except as otherwise provided in this chapter, no person shall:  (1) Represent one's self as a certified nurse aide;  (2) Imply, in any manner, that one's self is a certified nurse aide; or  (3) Use the abbreviation "C.N.A." or any other words, letters, signs, or devices to identify one's self as a certified nurse aide; without having first obtained certification as provided in this chapter. [L 2007, c 226, pt of §4]
HI Rev Stat § 457A-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-7 Medicare or medicaid nurse aide certification.

 §457A-7 Medicare or medicaid nurse aide certification. (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]
HI Rev Stat § 457A-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457A. Nurse Aides|457A-8 Nurse aide certification for state-licensed or state-certified health care settings.

 §457A-8 Nurse aide certification for state-licensed or state-certified health care settings. (a) This certification applies to nurse aides working in state-licensed and state-certified health care settings other than a medicare or medicaid certified nursing facility.  (b) To be certified, an applicant shall successfully complete:  (1) Training in a training program approved by the director of human services under section 346-46; and  (2) A nurse aide examination approved by the director.  (c) Fees may be imposed for services rendered to carry out the purposes of this section.  (d) Reciprocity shall be granted to qualified nurse aides who have completed a state-approved program, the requirements of which are comparable to the requirements of this chapter.  (e) Maintenance requirements for the recertification process shall be required on a biennial basis and shall include a competency evaluation approved by the department of human services, and employment in a state-licensed or state-certified health care setting. [L 2007, c 226, pt of §4]
HI Rev Stat § 457B-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-1 Short title.

  §457B-1 Short title. This chapter may be cited as the "Nursing Home Administrators Act". [L 1970, c 63, pt of §1]
HI Rev Stat § 457B-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-2 Definitions.

  §457B-2 Definitions. As used in this chapter, unless the context otherwise requires:  "Administrator" means the individual responsible for planning, organizing, directing, and controlling of the operation of a nursing home.  "Department" means the department of commerce and consumer affairs.  "Director" means the director of commerce and consumer affairs.  "Nursing home" means any nursing facility licensed by the department of health.  "Practice of nursing home administration" means the planning, organizing, directing, or controlling of the operation of a nursing home. [L 1970, c 63, pt of §1; am L 1994, c 184, §3; am L 1997, c 235, §2] Revision Note  Numeric designations deleted and definitions rearranged.
HI Rev Stat § 457B-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-3 License required.

  §457B-3 License required. No person shall operate a nursing home in the State without having a nursing home administrator's license from the department as hereinafter provided. It shall be unlawful for any person not licensed under this chapter to practice or offer to practice nursing home administration or to use any sign, card, or device to indicate that the person is licensed as a nursing home administrator. [L 1970, c 63, pt of §1; am L 1983, c 135, §1; am L 1997, c 235, §3]
HI Rev Stat § 457B-3.1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-3.1 Conditions concerning qualifications for licensure examination.

  §457B-3.1 Conditions concerning qualifications for licensure examination. The director shall adopt rules setting minimum educational, training, and experience qualifications that must be satisfied before an applicant is allowed to sit for the licensing examination. [L 1985, c 199, §1; am L 1989, c 103, §2; am L 1994, c 184, §4; am L 1997, c 235, §4]
HI Rev Stat § 457B-3.2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-3.2 Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of licenses.

  §457B-3.2 Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of licenses. The director may refuse to renew, reinstate, or restore, or may revoke, suspend, deny, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant:  (1) Altering in any way the physician's order for any patient's or resident's medical or therapeutic care unless the orders are clearly hazardous to the patient or resident, in which case the physician shall be immediately notified;  (2) Defrauding any federal, state, county, or social agency, business, or individual in the operation of a nursing home;  (3) Engaging in false, fraudulent, or deceptive advertising, or making false or improbable statements regarding the services of the nursing home; and  (4) Submitting or filing with the board any notice, statement, or other document required under this chapter which is false or which contains any material misstatement of fact. [L 1994, c 184, §1; am L 1997, c 235, §5]
HI Rev Stat § 457B-3.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-3.5 Limited and temporary licenses.

  §457B-3.5 Limited and temporary licenses. The director may issue a limited and temporary license to an applicant who has not been examined as required by section 457B-6, if the applicant is otherwise qualified to be examined. Such a license shall be effective only until the next licensure examination process has been completed. [L 1989, c 103, §1; am L 1997, c 235, §6]
HI Rev Stat § 457B-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-4 REPEALED.

  §457B-4 REPEALED. L 1997, c 235, §11.
HI Rev Stat § 457B-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-5 REPEALED.

  §457B-5 REPEALED. L 1992, c 202, §218.
HI Rev Stat § 457B-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-6 Powers and duties of director.

  §457B-6 Powers and duties of director. In addition to any other powers and duties authorized by law, the director shall:  (1) Develop, impose, and enforce standards which shall be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators shall be individuals who by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;  (2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards of this chapter or the rules adopted pursuant thereto;  (3) Issue licenses to individuals determined, after the application of appropriate techniques, to meet the required standards, and revoke or suspend licenses in any case where the individual holding a license is determined substantially to have failed to conform to the required standards of this chapter or the rules adopted pursuant thereto;  (4) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators shall, during any period that they serve as such, comply with the required standards. The director shall also initiate and maintain cooperative arrangements with the long-term care ombudsman, department of human services, and the department of health for the sharing of information on the performance of administrators;  (5) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the department to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of this chapter or the rules adopted pursuant thereto;  (6) Adopt in accordance with chapter 91 rules as may be necessary for the purposes of this chapter; and  (7) Maintain a record of all proceedings. [L 1970, c 63, pt of §1; am L 1983, c 135, §3; am L 1985, c 199, §3; am L 1987, c 339, §4; am L 1992, c 202, §113; am L 1997, c 235, §7] Law Journals and Reviews  Elder Abuse and Laws to Protect Older Persons in Hawaii. 15 HBJ, no. 13, at 93 (2013).  Holding Hawai`i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233 (2004).
HI Rev Stat § 457B-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-7 Subpoenas.

  §457B-7 Subpoenas. The director may issue subpoenas to compel the attendance of witnesses and the production of documentary evidence or the production of any books, papers, or records. If any person subpoenaed as a witness fails or refuses to respond thereto, or refuses to answer questions material to the matter pending before the department propounded by an examiner, any circuit judge, upon application of the department or any examiner thereof, may enforce by proper proceeding the attendance and testimony of the witnesses. If any person wilfully testifies falsely under oath before the department or wilfully makes a false affidavit in any proceeding before the department, the person shall be charged for perjury and shall be subject to the penalties for perjury provided by law. [L 1970, c 63, pt of §1; am L 1997, c 235, §8]
HI Rev Stat § 457B-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-8 REPEALED.

  §457B-8 REPEALED. L 1983, c 135, §6.
HI Rev Stat § 457B-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|457B. Nursing Home Administrators Act|457B-9 Fees.

  §457B-9 Fees. (a) An applicant for a license to practice nursing home administration by examination shall pay application and examination fees. A reexamination fee is required for each reexamination. Application fees shall not be refundable. Each applicant who successfully passes the examination shall pay a license fee.  (b) There shall be a biennial renewal fee which shall be paid to the department on or before June 30 of each even-numbered year. Failure, neglect, or refusal of any duly licensed nursing home administrator to pay the biennial renewal fee shall constitute a forfeiture of the nursing home administrator's license. The license may be restored within three years upon written application therefor and the payment to the department of all delinquent fees plus a penalty fee and evidence of participation in educational programs. [L 1970, c 63, pt of §1; am L 1971, c 54, §2; am L 1973, c 22, §1; am L 1975, c 118, §20; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §49; am L 1992, c 202, §114; am L 1997, c 235, §9]