reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-233.5 Payment for copper, palladium, platinum, or rhodium purchased by scrap dealer or recycler; check; mailing.

§445-233.5 Payment for copper, palladium, platinum, or rhodium purchased by scrap dealer or recycler; check; mailing.
(a)
If the scrap dealer or recycler, as applicable, purchases any copper, palladium, platinum, or rhodium, payment for the copper, palladium, platinum, or rhodium shall be made by check payable to the seller. At the time of sale of the copper, palladium, platinum, or rhodium, the seller shall present to the scrap dealer or recycler a valid photo identification card or driver's license of the seller issued by a federal or state government agency authorized to issue valid identification. The check may be mailed to the address shown on the identification, or the scrap dealer or recycler may arrange for the check to be picked up personally by the seller at the place of business of the scrap dealer or recycler.
(b) As used in this section, "recycler" means a person who is engaged in the business of recycling, as defined in section 342G-1. [L 2008, c 91, §2; am L 2022, c 88, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-234 Applicability.

§445-234 Applicability.
Any person required to be licensed under chapter 289 or under section 445-171 shall not be required to pay an additional fee under section 445-232; provided that such person shall obtain the license required by section 445-232 and shall follow the requirements of sections 445-232 and 445-233 when acting as a scrap dealer. [L 1976, c 230, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-235 Prohibitions; penalty

§445-235 Prohibitions; penalty
. (a) Any person who violates section 445-232, 445-233, or 445-233.5, or any person who falsifies a statement required by section 445-233, shall be guilty of a misdemeanor; provided that any person who:
(1) Violates section 445-233 or 445-233.5; or
(2) Falsifies a statement required by section 445-233,
that involves the purchase of palladium, platinum, or rhodium, shall be guilty of a class C felony.
(b) In addition to any penalties the court may impose pursuant to subsection (a), the court shall order, at minimum:
(1) A fine of $1,000 for the first offense;
(2) A fine of $3,000 for the second offense; and
(3) A fine of $5,000 and the suspension of the scrap dealer's license for a period of six months for the third or subsequent offense; provided that if the third or subsequent offense occurs within a five-year period from the occurrence of two prior offenses, the scrap dealer shall be subject to license revocation. [L 1976, c 230, pt of §2; am L 2007, c 197, § §4, 7; am L 2008, c 32, § §2, 4 and c 91, § §3, 5; am L 2009, c 44, §1; am L 2022, c 88, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446. Debt Adjusting › 446-1 Definitions.

§446-1 Definitions.
As used in this chapter:
"Debt adjuster" means a person who for a profit engages in the business of acting as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compromising, or in any way altering the terms of payment of any debts of the debtor and who:
[(1)] Receives money, property, or other thing of value from the debtor, or on behalf of the debtor, for distribution among the creditors of the debtor; or
[(2)] Otherwise arranges for payment to, or distribution among, the creditors of the debtor.
"Debtor" means an individual and includes two or more individuals who are jointly and severally or jointly or severally indebted.
"Nonprofit organization" means a corporation or association, no part of the net earnings of which may inure to the benefit of any private shareholder or individual.
"Person" means an individual, partnership, corporation, firm, association, or any other legal entity. [L 1967, c 3, §2; HRS §446-1; gen ch 1985]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446. Debt Adjusting › 446-2 Debt adjusting prohibited; penalty; contracts void.

§446-2 Debt adjusting prohibited; penalty; contracts void.
Any person who acts or offers to act as a debt adjuster in this State shall be fined not more than $500 or imprisoned not more than six months, or both. Any contract for debt adjusting entered into with a person engaged in the business for a profit shall be void and unenforceable and the debtor may recover from the debt adjuster all sums or things deposited with the debt adjuster and not disbursed to the debtor's creditors. [L 1967, c 3, §3; HRS §446-2; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446. Debt Adjusting › 446-3 Persons not affected.

§446-3 Persons not affected.
The following persons are not debt adjusters for the purposes of this chapter:
(1) An attorney licensed to practice law in this State, including the Legal Aid Society of Hawaii;
(2) A person who is a regular full-time employee of a debtor and who acts as an adjuster of the person's employer's debt;
(3) A person acting pursuant to any order or judgment of court or pursuant to authority conferred by any law of this State or of the United States;
(4) A nonprofit or charitable corporation or association who acts as an adjuster of a debtor's debts, even though the nonprofit corporation or association may charge and collect nominal sums as reimbursement for expenses in connection with such services. [L 1967, c 3, §4; HRS §446-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446. Debt Adjusting › 446-4 Certain loan functions not affected.

§446-4 Certain loan functions not affected.
Nothing in this chapter is intended to exclude, nor shall it exclude, or prohibit, any bank, financial services loan company, credit union, or any other person or firm licensed by the county, state, or federal government to make loans from paying off the existing debts of any debtor to any other person or firm in connection with, or as a condition precedent to, making a loan to such debtor, if done at the debtor's request or with the debtor's consent or agreement. [L 1967, c 3, §5; HRS §446-4; gen ch 1985; am L 1989, c 266, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-1 Definitions.

§446E-1 Definitions.
As used in this chapter:
"Degree" means a post-secondary credential, earned or honorary, conferring on the recipient the title or designation of "associate", "bachelor", "baccalaureate", "master", "doctor", or "doctorate", or any designation, mark, appellation, series of letters or words, or other symbol which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic or professional program of study beyond the secondary school level.
"Degree granting institution" means a school, academy, institute, junior college, college, university, agency, individual, partnership, company, firm, society, trust, association, corporation, or any combination thereof that meets the following criteria:
(1) Provides a post-secondary instructional program or course leading to a degree;
(2) Uses in its name the term "college", "academy", "institute", "institution", or "university" or a similar term which implies that the organization or person is primarily engaged in the education of students at the post-secondary level; and
(3) Charges a fee for its services.
"Director" means the director of commerce and consumer affairs.
"Employee" means a person who is hired on an hourly or salaried basis for twenty or more hours per week.
"Office" means space within a structure that is leased, subleased, rented, or owned by the unaccredited institution or one or more of its officers or directors for the exclusive use by the unaccredited institution, as evidenced by a written lease agreement, sublease agreement, rental agreement, or conveyance document, and shall not include an arrangement for mail forwarding services or mailbox rental.
"Presence" means offering courses, programs, or degrees or maintaining a campus, or an administrative, corporate, or other address in this State.
"Student" means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by an unaccredited institution.
"Unaccredited institution" means a degree granting institution that is not accredited or a candidate for accreditation by at least one nationally recognized accrediting agency that is listed by the United States Secretary of Education. [L 1979, c 135, pt of §2; am L 1999, c 171, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-1.6 Exceptions.

§446E-1.6 Exceptions.
This chapter shall not apply to the types of schools and courses of instruction that include:
(1) Schools and educational programs conducted by firms, corporations, or persons for the training of their own employees;
(2) Apprentice or other training programs provided by labor unions to union members or union applicants for membership;
(3) Courses of instruction that do not lead to the conferring of a degree;
(4) Seminars, refresher courses, and programs of instruction sponsored by professional, business, or farming organizations or associations for their members or employees of their members;
(5) Courses of instruction conducted by a public school district or a combination of public school districts;
(6) Colleges and universities that grant degrees pursuant to chapter 304A;
(7) Entities that are established under the jurisdiction of the board of regents of the University of Hawaii;
(8) Schools, courses of instruction, or courses of training that are offered by a vendor to the purchaser or prospective purchaser of the vendor's product when the objective of the school or course is to enable the purchaser or the purchaser's employees to gain skills and knowledge which enable the purchaser to use the product;
(9) Schools and educational programs conducted by religious organizations solely for the religious instruction of their members;
(10) Nondegree granting post-secondary educational institutions licensed by the department of education or the real estate commission; and
(11) Schools that are accredited by an agency or organization approved or recognized by the United States Department of Education or a successor agency, except as provided for in section 446E-5(b) and (c). [L 1999, c 171, pt of §1; am L 2006, c 75, §15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-1.7 Powers and duties of the director.

§446E-1.7 Powers and duties of the director.
The director may adopt rules in accordance with chapter 91 to carry out the functions, powers, and duties set forth in this chapter. [L 1999, c 171, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-2 Disclosures.

§446E-2 Disclosures.
(a) Any unaccredited institution shall disclose in all catalogs, promotional materials, and contracts for instruction, the fact that the institution is not accredited by any nationally recognized accrediting agency listed by the United States Secretary of Education. The disclosure shall be made in a type size as large or larger than any other text in the catalog, promotional material, or contract for instruction, excluding the name of the unaccredited institution, and shall be presented in a manner reasonably calculated to draw the attention of the reader. If the unaccredited institution includes in its catalogs, promotional materials, or contracts for instruction any other information relating in any manner to accreditation, or to accreditation by an agency not nationally recognized by the United States Secretary of Education, the disclosure required by this subsection shall be repeated on every page on which the information appears. Where the information is presented electronically, the disclosure shall be made directly preceding or following the information. The disclosure shall read as follows:
(Name of Degree Granting Institution) IS NOT ACCREDITED
BY AN ACCREDITING AGENCY
RECOGNIZED BY THE UNITED STATES
SECRETARY OF EDUCATION.
Note: In the United States, many licensing authorities require accredited degrees as the basis for eligibility for licensing. In some cases, accredited colleges may not accept for transfer courses and degrees completed at unaccredited colleges, and some employers may require an accredited degree as a basis for eligibility for employment.
(b) Where promotional material for an unaccredited institution consists of an advertisement in a periodical published by a person or entity that is not affiliated with the unaccredited institution, the disclosure required in subsection (a) may be abbreviated to state as follows: NOT ACCREDITED BY AN AGENCY RECOGNIZED BY THE U.S. SECRETARY OF EDUCATION. The disclosure required under this subsection shall be made in a type size as large or larger than any other text in the advertisement.
(c) Every unaccredited institution subject to this chapter shall keep true and accurate records of student enrollment, courses, fees, and matriculation rates. These records shall be retained for five years. Upon demand, these records, and any other information requested or subpoenaed by the director, shall be made available to the director. [L 1979, c 135, pt of §2; am L 1990, c 226, §2; am L 1999, c 171, §3; am L 2001, c 22, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-3 Sanction.

§446E-3 Sanction.
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. [L 1979, c 135, pt of §2; am L 1999, c 171, §4]
Case Notes
Defendants' argument that this section shifts the burden of proof from the plaintiffs to the defendants and that the burden shifting is unconstitutional, lacked merit. 486 F. Supp. 2d 1132 (2006).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-4 Service of process.

§446E-4 Service of process.
(a) Any unaccredited institution with a presence in the State shall designate and continuously maintain an agent in this State authorized to accept service of process on behalf of the institution and shall transmit to the director the name, address, and telephone number of the agent so designated in a manner prescribed by the director. The designated agent shall be an agent of the unaccredited institution for service of any process, notice, or demand required or permitted by law to be served upon the unaccredited institution.
(b) If an unaccredited institution fails to appoint or maintain an agent for service of process in this State or the agent for service of process cannot with reasonable diligence be found at the agent's address, service of process may be made upon the unaccredited institution by registered or certified mail, return receipt requested, addressed to the unaccredited institution at the most recent address listed in the records of the director.
(c) Service by registered or certified mail shall be effected under subsection (b) at the earliest of:
(1) The date the unaccredited institution receives the process, notice, or demand;
(2) The date shown on the return receipt, if signed on behalf of the unaccredited institution; or
(3) Five days after its deposit in the mail, if mailed postpaid and correctly addressed.
(d) This section shall not affect the right to serve process, notice, or demand in any other manner provided by law. [L 1990, c 226, pt of §1; am L 1999, c 171, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 446E. Unaccredited Degree Granting Institutions › 446E-5 Prohibited practices.

§446E-5 Prohibited practices.
(a) No unaccredited institution shall indicate or suggest that the State licenses, approves, or regulates its operations. Acceptance by the director of any documents from an unaccredited institution shall not be construed as evidence that the director has determined the adequacy of any filing.
(b) Any institution that is not accredited by the American Bar Association shall not issue a juris doctor degree (J.D.), a master of laws degree (LL.M.), or any equivalent or comparable degree.
(c) Any institution that is not accredited by the Liaison Committee on Medical Education shall not issue a doctor of medicine degree (M.D.), or any equivalent or comparable degree.
(d) No unaccredited institution shall issue degrees unless the institution has an office located in Hawaii, at least one employee who resides in Hawaii, and at least twenty-five enrolled students in Hawaii, in each academic year of its operation for the purpose of performing course requirements that are part of the students' educational curriculum.
(e) No unaccredited institution that operates in or from the State or has a presence in this State shall accept or receive any tuition payment or other fee from or on behalf of a student unless the institution complies with all of the requirements of this chapter.
(f) No unaccredited institution shall disclose in any catalog, promotional material or written contract for instruction that it has applied for future accreditation. [L 1990, c 226, pt of §1; am L 1999, c 171, §6]
Case Notes
Subsection (f) is not an unconstitutional restriction on free speech. 486 F. Supp. 2d 1132 (2006).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-2 Temporary license.

§447-2 Temporary license.
The board of dentistry may issue, without examination, to any person qualified to be examined, a temporary license to practice as a dental hygienist in the employment of the State or any county or any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center. The temporary license shall authorize the person to whom the license is issued to practice clinical dental hygiene exclusively while engaged in that employment and shall be in force until:
(1) The date the person leaves the employment authorized under the temporary license;
(2) The three hundred sixty-fifth calendar day following the date of issuance of the temporary license;
(3) The date on which the person takes the licensure examination under this chapter; or
(4) The date on which the board revokes the temporary license;
whichever occurs first; provided that the board may revoke the temporary license at any time for cause. [L 1920, c 7, §2; RL 1925, §1084; am L 1925, c 33, pt of §1; am L 1927, c 149, §2; RL 1935, §1001; RL 1945, §2182; am L 1945, c 118, §2; RL 1955, §62-2; HRS §447-2; am L 1985, c 14, §1; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-3.5 Educational requirements for intra-oral block anesthesia.

§447-3.5 Educational requirements for intra-oral block anesthesia.
(a) The applicant for certification to administer intra-oral block anesthesia shall show proof that the applicant successfully completed a course of study that shall include the following categories of intra-oral infiltration local anesthesia and intra-oral block anesthesia:
(1) Maxillary mandibular infiltration anesthesia;
(2) Long buccal nerve block anesthesia;
(3) Mental nerve block;
(4) Inferior alveolar/lingual nerve block;
(5) Incisive nerve block;
(6) Posterior superior alveolar nerve block;
(7) Middle superior alveolar nerve block;
(8) Anterior superior alveolar nerve block;
(9) Nasopalatine (incisive canal) nerve block; and
(10) Greater (anterior) palatine nerve block.
(b) A course of study shall also include didactic studies and clinical experience, and for intra-oral block anesthesia categories in subsection (a)(1) to (10), at least thirty-nine hours, and a minimum of fifty successful injections of which ten shall be in intra-oral block in subsection (a)(4) and five in intra-oral block in subsection (a)(6).
(c) The curriculum of the course of study shall include as follows:
(1) Cardiopulmonary resuscitation certification;
(2) Medical history evaluation procedures;
(3) Physical evaluation procedures;
(4) Anatomy of head, neck, and oral cavity as it relates to administering local anesthetic agents;
(5) Pharmacology of local anesthetics and vasoconstrictors;
(6) Indications and contraindications for administration of local anesthetics;
(7) Prevention, diagnosis, and management of medical emergency;
(8) Recognition and management of post-injection complications and management of reactions to injections;
(9) Medical and legal management complications;
(10) Selection and preparation of the armamenteria and recordkeeping for administering various local anesthetics;
(11) Methods of administering local anesthetics with emphasis on technique, which includes aspiration and slow injection, in addition to minimum effective dosage; and
(12) Proper infection control techniques with regard to local anesthesia and the proper disposal of sharps.
(d) As part of the course of study, the applicant or licensed dental hygienist shall be required to pass an examination to determine if the applicant or licensed dental hygienist has acquired the necessary knowledge and clinical proficiency to administer intra-oral block anesthesia.
(e) The board of dentistry may adopt rules pursuant to chapter 91, relating to the education and certification of dental hygienists to administer intra-oral block anesthesia. [L 1999, c 97, §1; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-4 Revocation of dentist's license.

§447-4 Revocation of dentist's license.
The board of dentistry may revoke the license of any dentist who permits any dental hygienist employed by or working under the dentist's supervision to perform any dental operation other than that permitted under this chapter. [L 1931, c 158, §2; RL 1935, §1003; RL 1945, §2184; RL 1955, §62-4; HRS §447-4; gen ch 1985; am L 1992, c 202, §70; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-5 Dental hygiene school.

§447-5 Dental hygiene school.
Any legally incorporated eleemosynary dental dispensary or infirmary, maintaining proper standards and equipment, may establish for students a school of dental hygiene, providing courses of study in oral hygiene. All such students, upon entrance, shall be required to present satisfactory evidence of graduation from a high school or its equivalent in education. They may be graduated in not less than two years as dental hygienists, but shall not practice until licensed as provided in this chapter. [L 1920, c 7, §4; RL 1925, §1086; RL 1935, §1004; am L 1941, c 6, §2; RL 1945, §2185; RL 1955, §62-5; HRS §447-5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-6 Prohibited acts; discipline; penalty.

§447-6 Prohibited acts; discipline; penalty.
(a) In addition to any other actions authorized by law, the board of dentistry may suspend or revoke any license issued under this chapter or fine a licensee for any cause authorized by law, including but not limited to the following:
(1) Professional misbehavior; or
(2) Any other violation of this chapter or rules adopted pursuant thereto.
(b) Any person who violates any of the provisions of this chapter or any other law, or who fails to comply with any of the requirements or provisions of this chapter or any other law, a penalty for which is not otherwise provided, shall be fined not less than $50, nor more than $250, and each day's violation or failure to comply shall be deemed a separate violation and shall result in a separate fine. [L 1920, c 7, §5; RL 1925, §1087; RL 1935, §1005; RL 1945, §2186; RL 1955, §62-6; HRS §447-6; am L 1986, c 151, §2; am L 1992, c 202, §71; am L 2018, c 203, §4]
Cross References
Licensing sanctions, see § §436B-18 to 436B-25.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-7 Filing of false information; revocation of license.

§447-7 Filing of false information; revocation of license.
The board of dentistry shall refuse to grant a license to any applicant or shall revoke the license of any person who knowingly records, registers, or files, or offers for recordation, registration, or filing with the department of commerce and consumer affairs any written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information. [L 1920, c 7, §6; RL 1925, §1088; RL 1935, §1006; RL 1945, §2187; RL 1955, §62-7; HRS §447-7; am L 1986, c 151, §3; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 447. Dental Hygienists › 447-8 Remedies or penalties cumulative.

§447-8 Remedies or penalties cumulative.
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. [L 1986, c 151, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-1.5 Lead apron during x-ray; required.

§448-1.5 Lead apron during x-ray; required.
(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]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-2 Practice without license prohibited.

§448-2 Practice without license prohibited.
No person shall practice dentistry or dental surgery in the State, either gratuitously or for pay, or shall offer to so practice or shall advertise or announce oneself, either publicly or privately, as prepared or qualified to so practice, or append the letters "D.D.S.", "D.M.D.", "Dr.", "L.D.S.", or any other dental degree to the person's name with intent thereby to imply that the person is a practitioner of dentistry or a dental surgeon, without having a valid, unrevoked license from the board of dentistry. [L 1903, c 40, §2; am L 1917, c 136, §2; RL 1925, §1066; RL 1935, §981; RL 1945, §2152; RL 1955, §61-2; HRS §448-2; am L 1985, c 70, §1; gen ch 1985; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-3 Practice by unlicensed employee prohibited; penalty.

§448-3 Practice by unlicensed employee prohibited; penalty.
(a) Except as provided in section 447-3, no person who manages or conducts as manager, proprietor, conductor, or otherwise a place where dental operations are performed, shall employ any person as operator in dental surgery or as a practitioner, or cause to permit any person to so act, who is not duly licensed to practice dentistry; provided that nothing in this chapter shall prohibit any unlicensed person from performing merely mechanical work upon inert matter in a dental laboratory.
(b) A duly licensed and registered dentist may employ auxiliary personnel, other than registered dental hygienists, to assist the dentist in the practice of dentistry. These employees shall be known as dental assistants and shall perform all duties assigned to them under the supervision, direction and responsibility of the dentist. Duties of the dental assistant and regulatory directives shall be delineated under rules which the board of dentistry may from time to time adopt.
(c) Any person violating this section shall be fined not less than $100 nor more than $1,000 for the first violation. Any person violating this section a second time shall be fined not less than $500 nor more than $2,000 and, in addition to the fine, the person's license shall be revoked. [L 1917, c 136, §3; am imp L 1920, c 7, §3; RL 1925, §1067; RL 1935, §982; RL 1945, §2153; RL 1955, §61-3; HRS §448-3; am L 1971, c 96, §1; gen ch 1985; am L 1986, c 217, §1; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-3.5 Supervision in public health settings.

§448-3.5 Supervision in public health settings.
(a) A dental assistant may operate under the general supervision of any dentist licensed under this chapter to provide auxiliary support dental services in a public health setting.
(b) General supervision shall be permitted in a public health setting; provided that:
(1) The supervising dentist is licensed under this chapter and available for consultation;
(2) The dental assistant is working under the direction of a dental hygienist licensed under chapter 447; and
(3) The licensed dental hygienist is under the supervision of a licensed dentist.
(c) A dental assistant working under the general supervision of a licensed dentist and the direction of a licensed dental hygienist who is under the general supervision of a licensed dentist may perform the following supportive dental procedures:
(1) Taking intra-oral and extra-oral photographs, and recording or charting clinical findings as directed by the licensed dental hygienist;
(2) Exposing, processing, mounting, and labeling radiographs;
(3) Measuring and recording vital signs;
(4) Assisting the licensed dental hygienist who is performing a dental procedure on a patient, such as:
(A) Preparing procedural trays and armamentaria;
(B) Retracting a patient's oral tissues to maintain the field of operation during a dental procedure;
(C) Removing debris, as is normally created and accumulated during or after dental procedures by the licensed dental hygienist; and
(D) Transferring dental instruments or any other concept of four-handed dentistry the licensed dental hygienist requires to perform the procedure; and
(5) Assisting the licensed dental hygienist in the performance of the duties of the dental hygienist as requested; provided that the assistance does not include procedures listed in Hawaii Administrative Rules, sections 16-79-69.5 and 16-79-69.10;
provided that the dental assistant, licensed dental hygienist, and licensed dentist are providing dental services in a public health setting.
(d) The supervising licensed dentist shall be responsible for all delegated acts performed by the dental assistant.
(e) As used in this section, "public health setting" has the same meaning as defined in section 447-3. [L 2022, c 67, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-4 Fraudulent advertising.

§448-4 Fraudulent advertising.
It shall be unlawful for any person to publish or circulate, directly or indirectly, any statements relating to the person's practice of dentistry that are or tend to be false, fraudulent, or misleading. A violation of this section shall subject the licensee to the penalties provided in section 448-17. [L 1917, c 136, §4; RL 1925, §1068; RL 1935, §983; am L 1937, c 220, §2; RL 1945, §2154; am L 1947, c 170, §1; am L 1949, c 177, §1; RL 1955, §61-4; HRS §448-4; am L 1983, c 220, §2; am L 2009, c 131, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-5 Board of dentistry; appointment.

§448-5 Board of dentistry; appointment.
The board of dentistry shall consist of twelve members, eight of whom shall be practicing dentists who have been engaged in the practice of dentistry for a period of five years preceding their several appointments, two of whom shall be practicing dental hygienists, duly licensed under section 447-1, who have been engaged in the practice of dental hygiene in the State for a period of five years preceding appointment, and two of whom shall be public members. No member shall be in any way connected with, or interested financially in, any dental supply company. One member in the practice of dentistry shall be appointed from each of the counties of Hawaii, Maui, and Kauai and five members in the practice of dentistry shall be appointed from the city and county of Honolulu. As used in this chapter, "board" means the board of dentistry. [L 1903, c 40, §3; am L 1917, c 136, §5; RL 1925, §1069; RL 1935, §984; am L 1937, c 220, §3; am L 1943, c 40, §1; RL 1945, §2155; am L 1953, c 102, §1; RL 1955, §61-5; am L Sp 1959 2d, c 1, §5; HRS §448-5; am L 1978, c 208, §4; am L 1980, c 249, §1; am L 1992, c 202, §72; am L 1993, c 322, §6; am L 1994, c 183, §4; am L 2018, c 203, § §4, 5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-6 Powers and duties, meetings.

§448-6 Powers and duties, meetings.
(a) The board shall meet for the purpose of examining applicants and for other purposes at times that it designates. Adequate statewide public notice of the times and places of examinations shall be given. The board may prescribe which members shall participate in the examination and licensing procedures.
(b) In addition to any other powers and duties authorized by law, the board shall adopt rules pursuant to chapter 91 as it deems proper and necessary for the performance of its work. [L 1903, c 40, §4; RL 1925, §1070; RL 1935, §985; RL 1945, §2156; am L 1947, c 170, §2; am L 1949, c 177, §2; am L 1955, c 170, §2; RL 1955, §61-6; HRS §448-6; am L 1980, c 249, §2; am L 1981, c 82, §27; am L 1982, c 64, §1; am L 1983, c 220, §3; am L 1985, c 255, §2; am L 1992, c 202, §73; am L 1997, c 89, §1; am L 1998, c 2, §102; am L 2014, c 20, §1]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-7 Fees.

§448-7 Fees.
Every applicant qualified for registration shall pay a license fee before entering practice. Every person holding a license to practice dentistry in the State shall pay to the board on or before December 31 of each odd-numbered year, a biennial registration fee. The failure, neglect, or refusal of any duly licensed dentist or doctor of dental surgery to pay the biennial fee during the time the license remains in force, shall constitute a forfeiture of the license. The license may be restored upon written application therefor and the payment to the board of dentistry of the appropriate fee. [L 1903, c 40, §13; am L 1917, c 136, §6; RL 1925, §1071; am L 1933, c 52, §1; RL 1935, §986; RL 1945, §2157; am L 1947, c 170, §3; RL 1955, §61-7; am L Sp 1959 2d, c 1, § §14, 15; am L 1961, c 142, §3(a) and c 184, §8(a); am L 1963, c 114, § §1, 3; HRS §448-7; am L 1975, c 118, §11; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §25; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-8.5 Continuing education requirements.

§448-8.5 Continuing education requirements.
The board shall adopt a program of continuing education for dentists and a program of continuing education for dental hygienists. After January 1, 2002, at the time of reregistration of license as a dentist or dental hygienist, each licensee shall present to the board evidence of compliance with the program of continuing education applicable to their profession. In addition to any other continuing education requirement adopted by the board, after January 1, 2016, each licensee who is a dentist shall present to the board evidence of having completed at least six hours of ethics training during the previous two years for each biennial renewal period. Failure to reregister and present evidence of compliance shall constitute a forfeiture of license, which may be restored only upon written application therefor and payment to the board of a restoration fee. [L 1999, c 97, §2; am L 2015, c 28, §1; am L 2018, c 198, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-9 Application for licensure.

§448-9 Application for licensure.
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]
Case Notes
Cited: 29 H. 422, 423 (1926).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-9.4 American Board of Dental Examiners (ADEX) examination; regional examinations.

§448-9.4 American Board of Dental Examiners (ADEX) examination; regional examinations.
An applicant shall take and pass the ADEX examination, and neither the state examination nor any regional examination shall be accepted. [L 2005, c 121, §3; am L 2007, c 72, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-9.5 REPEALED.

§448-9.5 REPEALED.
L 2004, c 69, §4.
Note
L 2004, c 166, §5 and L 2006, c 31, §2 purport to amend this section.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-11 Investigations and hearings.

§448-11 Investigations and hearings.
The board of dentistry, or its duly authorized representative, may inquire of any applicant for examination concerning the applicant's character, qualifications, or experience and may conduct investigations and hearings in order to secure further information concerning the character, qualifications, or experience of any such applicant. [L 1949, c 177, pt of §3; RL 1955, §61-11; HRS §448-11; gen ch 1985; am L 2018, c 203, §4]
Cross References
Hearings, see chapter 91.
Case Notes
Board has quasi-judicial powers, decisions as to qualifications cannot be controlled by mandamus, unless evidence admits of but one conclusion that candidate passed required grade. 25 H. 445 (1920).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-12 Temporary license.

§448-12 Temporary license.
[(a)] The board of dentistry may issue without examination to any resident or nonresident otherwise qualified to be examined a temporary license to practice dentistry in the employment of or while under contract with the State or any county, or any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center. The temporary license shall authorize the person to whom the license is issued to practice dentistry exclusively while engaged in that employment or contracted by the department of health to conduct dental education and training, and shall be in force until the earliest of the following occurs:
(1) The date the person leaves the employment authorized under the temporary license;
(2) The three hundred ninety-sixth calendar day following the date of issuance of the temporary license;
(3) The date on which the results of the licensure examination taken by the person under this chapter are posted by the board; or
(4) The date on which the board revokes the temporary license;
provided that the board may revoke the temporary license at any time for cause.
No person who has failed an examination shall have the benefit of any temporary license.
(b) The board may issue a temporary license without examination to any person who is:
(1) Otherwise qualified to be examined, except as allowed under paragraph (3);
(2) Enrolled in a post-doctoral residency program that is accredited and recognized by the American Dental Association Commission on Dental Accreditation; and
(3) A graduate from a dental college accredited by, or that has a reciprocal agreement with, the American Dental Association Commission on Dental Accreditation that is recognized and approved by the board.
The temporary license shall authorize the person to whom the license is issued to practice dentistry exclusively under the auspices of the dental residency program and shall be in force until the earliest of the following occurs: the date the person completes or leaves the residency program or the date on which the board revokes the temporary license; provided that the board may revoke the temporary license at any time for cause.
[(c)] Post-doctoral dental residents who are granted temporary licenses under this section shall:
(1) Be assigned to affiliated training sites that are restricted to eleemosynary health care organizations, training site hospitals, or university-affiliated training programs, and that shall be visited and accredited by the Commission on Dental Accreditation of the American Dental Association, consistent with the policies of the Commission on Dental Accreditation of the American Dental Association; and
(2) Act under the direct supervision of the dental residency faculty licensed in Hawaii. [L 1949, c 177, pt of §3; RL 1955, §61-12; HRS §448-12; am L 1969, c 245, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; am L 1985, c 13, §1; am L 1986, c 339, §75; am L 1989, c 231, §1; am L 2009, c 36, §2 and c 37, §2; am L 2018, c 203, §4; am L 2023, c 100, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-13 Certificate, evidence.

§448-13 Certificate, evidence.
All certificates of license issued by the board of dentistry shall be signed by the chairperson, sealed, and shall be presumptive evidence of the right of the holder to practice dentistry. No person shall practice dentistry without first having procured such a certificate, except as provided in this chapter. Any person practicing dentistry and not having at the time a valid and uncanceled license shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided. [L 1903, c 40, §7; RL 1925, §1075; RL 1935, §989; RL 1945, §2160; RL 1955, §61-13; HRS §448-13; am L 1984, c 131, §1; am L 1985, c 255, §3; gen ch 1993; am L 2018, c 203, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-14.5 Prohibition on ownership and interference.

§448-14.5 Prohibition on ownership and interference.
(a) No dentist licensed pursuant to this chapter who engages in the practice of dentistry shall permit a person or entity, other than a dentist licensed pursuant to this chapter, to directly or indirectly own, direct, control, or interfere with the licensee's practice of dentistry; provided that this section shall not apply to the State or any county, any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center.
(b) A licensed dentist shall not permit a non-dentist to:
(1) Direct or interfere with the licensee's clinical judgment and competent practice of dentistry;
(2) Select a course of treatment for a patient, the procedures or materials to be used as part of the course of treatment, and the manner in which such course of treatment is carried out by the licensee;
(3) Exercise control of the patient's records; or
(4) Prohibit or limit access to the dental office, facilities, and equipment necessary to provide service to the licensee's patients. [L 2008, c 44, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-15 No corporation to practice dentistry; penalty.

§448-15 No corporation to practice dentistry; penalty.
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]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448. Dentistry › 448-16 Duty to furnish names, etc.

§448-16 Duty to furnish names, etc.
Every person or association practicing dentistry in the State shall, upon demand in writing by the secretary of the board of dentistry, furnish within fifteen days after such demand, to the board, through its secretary, a true statement of the name and address of each person practicing dentistry or assisting in the practice thereof, in the office of such person or association, together with a statement showing under what license or authority the person or association is practicing. Any person or association failing so to do, or making any false statement concerning or touching anything covered by this section shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided. [L 1903, c 40, §12; RL 1925, §1077; RL 1935, §992; am L 1937, c 220, §6; RL 1945, §2163; RL 1955, §61-16; HRS §448-16; am L 2018, c 203, §4]