reglab/housing_qa huggingface dataset:
HI Rev Stat § 452-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-14 Examination.

  §452-14 Examination. The department of commerce and consumer affairs or the board may contract with professional testing services to prepare, administer, and grade the examination for applicants as may be required for the purposes of this chapter. The examination of applicants for a license to practice massage shall be conducted under rules prescribed by the board and shall consist of a written examination which is not confined to any specific system or method and which is consistent with the practical and theoretical requirements of the occupation as provided by this chapter. [L 1947, c 192, §14; RL 1955, §63-14; HRS §452-14; am L 1980, c 208, §16; am L 1986, c 99, §6 and c 310, §3; am L 1987, c 190, §6; am L 1988, c 157, §1] Cross References  Disposal of examination papers, see §94-5.  Professional testing services, see §26-9.
HI Rev Stat § 452-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-15 Licenses.

  §452-15 Licenses. If an applicant for an examination for massage therapist passes the examination to the satisfaction of the board, the board shall issue a license to that effect, signed by the chairperson. The license shall be evidence that the person to whom it is issued is entitled to follow the practice stipulated therein as prescribed in this chapter. The license shall not be transferable and shall be conspicuously displayed in the place of business or employment. [L 1947, c 192, §15; RL 1955, §63-15; HRS §452-15; am L 1980, c 208, §17; am L 1981, c 65, §6; am L 1984, c 7, §35; am L 1986, c 99, §7; gen ch 1992] Case Notes  Cited: 38 H. 584, 586 (1950).
HI Rev Stat § 452-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-16 Renewal of license; fees; continuing education.

  §452-16 Renewal of license; fees; continuing education. (a) Massage therapist and massage therapy establishment licenses shall expire on June 30 of each even-numbered year following the date of issuance unless renewed for the next biennium. These licenses may be renewed by filing an application therefor, accompanied by a renewal fee and submitting proof of compliance with the continuing education requirements established by subsection (b). The application shall be made between May 1 and June 30 of each even-numbered year. Failure to apply for renewal as provided in this section shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after expiration upon the filing of an application in the same manner, submitting proof of compliance with the continuing education requirements established by subsection (b), and payment of a penalty fee in addition to all delinquent fees. Thereafter, the person shall apply as a new applicant and the board may require the person to take and pass the examination and satisfy all requirements for the examination, including training, if the board is not satisfied that the person possesses current knowledge and skills for the practice of massage therapy.  (b) Beginning with the renewal for the licensing biennium commencing on July 1, 2024, and every biennial renewal thereafter, each massage therapist licensee shall submit proof of having completed twelve hours of continuing education within the two-year period preceding the renewal date, of which two hours shall include first aid, cardiopulmonary resuscitation, or other emergency-related courses. The board shall adopt rules relating to the requirements and standards that continuing education programs shall meet to obtain recognition and approval from the board.  (c) The board may conduct random audits of licensees to determine compliance with the continuing education requirements of subsection (b). 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 requirements established by subsection (b). [L 1947, c 192, §16; am L 1949, c 97, §2; RL 1955, §63-16; HRS §452-16; am L 1975, c 118, §16; am L 1980, c 208, §18; am L 1984, c 7, §36; am L 1985, c 95, §3; am L 1989, c 204, §6; am L 1990, c 205, §4; am L 1997, c 42, §1; am L 2021, c 102, §2]
HI Rev Stat § 452-17 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-17 Fees.

  §452-17 Fees. (a) The fees for application, licensing, and other registrations shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be paid in advance and deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o).  (b) Every applicant who is required by the board to be examined shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91. The examination fee may be paid directly to the testing agency by the director or the examinee or deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o). [L 1947, c 192, §17; RL 1955, §63-17; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, § §14, 15; am L 1961, c 184, §9; am L 1963, c 114, § §1, 3; HRS §452-17; am L 1980, c 208, §19; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §37; am L 1986, c 99, §8; am L 1997, c 232, §7]
HI Rev Stat § 452-18 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-18 Sanitary rule.

  §452-18 Sanitary rule. The board shall prescribe sanitary rules as it deems necessary, with reference to the precautions necessary to be employed to prevent the creating and spreading of infectious and contagious diseases. [L 1947, c 192, §18; RL 1955, §63-18; am L Sp 1959 2d, c 1, §19; HRS §452-18; am L 2020, c 64, §1]
HI Rev Stat § 452-19 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-19 Penalties.

  §452-19 Penalties. Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist or who has not received a permit as a massage therapist apprentice as provided in this chapter, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor. [L 1947, c 192, §19; RL 1955, §63-19; HRS §452-19; am L 1980, c 208, §20; am L 1981, c 65, §7; am L 1985, c 95, §4; am L 1990, c 205, §5; am L 2020, c 64, §2]
HI Rev Stat § 452-20 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-20 REPEALED.

  §452-20 REPEALED. L 1992, c 202, §211.
HI Rev Stat § 452-21 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-21 To whom provisions in this chapter shall not apply.

  §452-21 To whom provisions in this chapter shall not apply. Nothing in this chapter shall prohibit service in case of emergency, or domestic administration, without compensation, nor services by persons holding any valid license, permit, or certificate dealing with the healing arts, nor services by barbers, hairdressers, cosmeticians, and cosmetologists lawfully carrying on their particular profession or business under any existing law of this State. [L 1947, c 192, §21; RL 1955, §63-21; HRS §452-21; am L 1980, c 208, §22]
HI Rev Stat § 452-22 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-22 REPEALED.

  §452-22 REPEALED. L 1980, c 208, §23.
HI Rev Stat § 452-23.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-23.5 Citation for licensee violations; fines.

  §452-23.5 Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department of commerce and consumer affairs may issue a citation to any person who holds a massage therapist or massage therapy establishment license issued by the board, or is designated the principal massage therapist by the massage therapy establishment, for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:  (1) Failure of a massage therapy establishment, during all hours of operation, to conspicuously display a current massage therapy establishment license and the current licenses and permits of all persons employed by the massage therapy establishment who engage in the practice of massage therapy;  (2) Failure of a principal massage therapist to ensure that every massage therapist apprentice who engages in the practice of massage therapy at the massage therapy establishment wears a conspicuously placed name tag stating the massage therapist apprentice's name and the word "apprentice" during all hours of operation;  (3) Operation of a massage therapy establishment without the presence of a principal massage therapist or a licensed designee during all hours of operation; or  (4) Failure of a massage therapist or massage therapy establishment to include the respective massage therapist's or massage therapy establishment's current license number in any advertisement pursuant to section 452-23(b).  (b) Each citation:  (1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;  (2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation;  (3) Shall be served on the licensee by personal service; and  (4) Shall inform the licensee that the licensee may submit a written request to the board for a hearing to contest the citation, within twenty calendar days from the service of the citation.  (c) If the licensee timely submits a written request to the board for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.  (d) If the licensee does not timely submit a written request to the board for a hearing, the citation shall be deemed a final order of the board.  (e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action by the board. [L 2016, c 146, §1]
HI Rev Stat § 452-24 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-24 Disciplinary actions.

  §452-24 Disciplinary actions. (a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including, but not limited to, revocation, suspension, fine, or a combination thereof, or may refuse to grant or renew a license for any cause authorized by law, including but not limited to the following:  (1) Procuring a license through fraud, misrepresentation, or deceit or permitting an unlicensed person to perform activities which require a license under this chapter;  (2) Conviction of any crime involving moral turpitude;  (3) Practicing massage while the ability to practice is impaired by alcohol, drugs, physical disability, or mental instability;  (4) Failure to display a license as provided in this chapter;  (5) Professional misconduct, gross carelessness, or manifest incapacity in the practice of massage;  (6) Violating this chapter or the rules adopted pursuant thereto;  (7) Failing to comply with a board order;  (8) Any other conduct constituting fraudulent or dishonest dealings;  (9) Making a false statement on any document submitted or required to be filed by this chapter; or  (10) Any representation, or the use of any designation, which states or implies that the person is able to perform a technique of massage which the person is not trained to perform.  (b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant thereto shall be fined not less than $250 nor more than $2,000 for each violation. [L 1986, c 99, §1 and c 310, §2; am L 1992, c 202, §97; am L 2020, c 64, §3]
HI Rev Stat § 452-25 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-25 Right of injunction.

  §452-25 Right of injunction. The department of commerce and consumer affairs, in addition to any other remedies available, may apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 1986, c 99, §2]
HI Rev Stat § 452-26 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|452. Massage|452-26 Cumulative remedies.

  §452-26 Cumulative remedies. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 99, §3]
HI Rev Stat § 453-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-1 Practice of medicine defined.

Revision Note Part heading added by revisor.  §453-1 Practice of medicine defined. For the purposes of this chapter, the practice of medicine by a physician or an osteopathic physician includes the use of drugs and medicines; surgery; manual medicine; water; electricity; hypnotism; telehealth; the interpretation of tests, including primary diagnosis of pathology specimens, medical imaging, or any physical; osteopathic medicine; any means, method, or agent, either tangible or intangible, to diagnose, treat, prescribe for, palliate, or correct disease, or prevent any human disease, condition, ailment, pain, injury, deformity, illness, infirmity, defect, physical or mental condition in the human subject.  This section shall not amend or repeal the law respecting the treatment of those affected with Hansen's disease. [L 1896, c 60, §2; am L 1909, c 133, §1; RL 1925, §1023; RL 1935, §1201; RL 1945, §2502; am L 1949, c 53, §29 and c 63, §1; RL 1955, §64-1; am L 1965, c 218, §1; HRS §453-1; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; gen ch 1985; am L 2008, c 5, §1; am L 2021, c 97, §2] Cross References  Determination of death, see §327C-1. Attorney General Opinions  Medical acupuncture is not sufficiently distinct from traditional acupuncture so as to fall outside the scope of the practice of acupuncture. Physicians licensed by board of medical examiners cannot practice medical acupuncture absent licensure by board of acupuncture. Att. Gen. Op. 03-5. Law Journals and Reviews  Should The Right To Die Be Protected? Physician Assisted Suicide And Its Potential Effect On Hawai €˜i. 19 UH L. Rev. 783 (1997).  Physician Assisted Suicide: Expanding the Laboratory to the State of Hawai €˜i. 29 UH L. Rev. 269 (2006). Case Notes  "Practice" defined. 21 H. 465 (1913).  Decision of private hospitals concerning granting of staff privileges to licensed doctors is subject to judicial review if hospital has received government funds. 53 H. 475, 497 P.2d 564 (1972).
HI Rev Stat § 453-1.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-1.5 Pain management guidelines. The Hawaii medical board may establish guidelines for physicians or osteopathic physicians with respect to patients' pain management. The guidelines shall apply to all patients with severe acute pain or severe chronic pain, regardless of the patient's prior or current chemical dependency or addiction, and may include standards and procedures for chemically dependent individuals. [L 2004, c 189, §2; am L 2008, c 5, §2 and c 9, §3]

  §453-1.5 Pain management guidelines. The Hawaii medical board may establish guidelines for physicians or osteopathic physicians with respect to patients' pain management. The guidelines shall apply to all patients with severe acute pain or severe chronic pain, regardless of the patient's prior or current chemical dependency or addiction, and may include standards and procedures for chemically dependent individuals. [L 2004, c 189, §2; am L 2008, c 5, §2 and c 9, §3]
HI Rev Stat § 453-3.1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-3.1 REPEALED.

  §453-3.1 REPEALED. L 1983, c 92, §1(11).
HI Rev Stat § 453-3.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-3.5 Training replacement temporary license.

  §453-3.5 Training replacement temporary license. (a) The board may issue a limited and temporary license to a physician or osteopathic physician to maintain patient services for the purpose of substituting for another physician or osteopathic physician licensed in this State to enable specialized training at an out-of-state fully accredited medical teaching institution; provided that the out-of-state physician or osteopathic physician:  (1) Is board certified by the American Board of Medical Specialties or Bureau of Osteopathic Specialties in the subspecialty in which the Hawaii physician or osteopathic physician is seeking training;  (2) Is a member of the teaching faculty of the accredited medical teaching institution;  (3) Has an unrestricted license in another state;  (4) Has been invited by the chief of a clinical department of a hospital; and  (5) Has been examined and approved by the hospital's credential process. The limited and temporary license issued under this section shall expire upon notification of the board by the Hawaii-licensed physician or osteopathic physician that the physician or osteopathic physician has resumed the physician's or osteopathic physician's practice in this State. Licenses and extensions of licenses issued under this section to an individual shall not be valid for more than nine months during any consecutive twenty-four month period.  (b) The chief of the clinical department in which the out-of-state physician or osteopathic physician will practice shall submit a letter to the board that shall include, without limitation, the following:  (1) Identification and documentation of unrestricted license for the applicant for the specialty training license;  (2) A statement that the hospital is sponsoring the applicant, and shall be responsible for monitoring the individual physician or osteopathic physician during the period of the temporary license;  (3) Verification of the start and end dates for the requested temporary license; and  (4) Verification that the chief of the clinical department is a licensed physician or osteopathic physician of this State.  (c) The holder of a specialty training license shall obey and be subject to all laws and rules of this State. [L 1997, c 364, §2; am L 2008, c 5, §6]
HI Rev Stat § 453-4.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-4.5 Foreign medical graduates; alternative qualifications.

  §453-4.5 Foreign medical graduates; alternative qualifications. Notwithstanding section 453-4(b)(2)(B), a graduate of a foreign medical school who has passed the Federation Licensing Examination (FLEX) or the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, with scores deemed satisfactory to the board, passed the qualifying examination of the Educational Commission for Foreign Medical Graduates prior to 1984, and has at least three years of medical training or experience in a hospital approved by the Council on Medical Education and Hospitals of the American Medical Association for internship or residency may be licensed by the Hawaii medical board under section 453-4(c). [L 1988, c 133, §1; am L 1993, c 164, §2; am L 2008, c 9, §3]
HI Rev Stat § 453-4.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-4.6 Licensure by endorsement.

  §453-4.6 Licensure by endorsement. (a) The board may issue a license by endorsement to a physician, surgeon, or osteopathic physician if:  (1) The applicant:  (A) Files an application and pays fees as prescribed by the board;  (B) Holds a current, unencumbered, active license in a jurisdiction that requires qualifications substantially equivalent to or greater than the qualifications for licensure in this State as specified in section 453-4; and  (C) Submits proof satisfactory to the board that the applicant has actively practiced medicine in another jurisdiction for at least two of the immediate preceding five years; and  (2) The board determines that no disciplinary action has been taken by any medical licensing authority and the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitute evidence of a pattern of negligence or incompetence.  (b) The board may require an applicant seeking licensure by endorsement to take and pass the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable-Purpose Examination €“ USA (COMVEX-USA) to assist the board in determining the applicant's ability to safely and competently engage in the practice of medicine. [L 2018, c 44, §2]
HI Rev Stat § 453-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|453. Medicine and Surgery|453-5 Hawaii medical board; appointment, removal, qualifications.

  §453-5 Hawaii medical board; appointment, removal, qualifications. (a) For the purpose of carrying out this chapter, the governor shall appoint a Hawaii medical board whose duty it shall be to examine all applicants for license to practice medicine or surgery. As used in this chapter, "board" means the Hawaii medical board.  The board shall consist of eleven persons, seven of whom shall be physicians or surgeons licensed under the laws of the State, two of whom shall be osteopathic physicians licensed under the laws of the State, and two of whom shall be lay members appointed from the public at large. Of the nine members who are physicians, surgeons, or osteopathic physicians, at least five shall be appointed from the city and county of Honolulu and at least one shall be appointed from each of the other counties. Medical societies in the various counties may conduct elections periodically but no less frequently than every two years to determine nominees for the board to be submitted to the governor. In making appointments, the governor may consider recommendations submitted by the medical societies and the public at large. Each member shall serve until a successor is appointed and qualified.  (b) The department shall employ, not subject to chapter 76, an executive secretary to administer the board's activities and an employee to administer the medical inquiry and conciliation panels established under chapter 671. The employee responsible for administration of the medical inquiry and conciliation panels shall have no duties in administration of the board's activities. [L 1896, c 60, §4; RL 1925, §1025; RL 1935, §1204; RL 1945, §2504; am L 1953, c 86, §1; RL 1955, §64-4; am L Sp 1959 2d, c 1, § §5, 19; HRS §453-5; am L 1969, c 257, §4; am L 1976, c 219, §8; am L 1982, c 204, §8; am L 1983, c 92, pt of §1(2); am L 1984, c 168, §10; am L 1985, c 106, §1; am L 1992, c 202, §98; am L 1999, c 248, §3; am L 2000, c 253, §150; am L 2008, c 9, §2; am L 2012, c 296, §2] Attorney General Opinions  Subsection (a) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3. Law Journals and Reviews  Medical Malpractice in Hawai €˜i: Tort Crisis or Crisis of Medical Errors? 30 UH L. Rev. 167 (2007). Case Notes  De facto officers' actions are not subject to collateral attack. 15 H. 273 (1903).