reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty.

§441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty.
(a) Subsequent to the execution of a valid written contract for the sale of cemetery property, interment services, funeral services, and related commodities by a mortuary, cemetery, or pre-need funeral authority to a purchaser in accordance with this chapter, further additional charges or fees for perpetual care shall be prohibited beyond those originally agreed upon in the contract and no such charges or fees shall be charged or collected by the seller for any purpose and upon any occasion; provided that a reasonable fee may be charged for administrative costs related to the transfer of ownership rights, including the cost of research, document and file preparation, photocopying, notary fees, records transfer and storage, and any other costs directly related to the transfer of ownership rights.
(b) A mortuary, cemetery, or pre-need funeral authority who violates subsection (a) is guilty of engaging in an unfair or deceptive act or practice under section 480-2, and shall be fined not less than $500 nor more than $10,000 for each violation. The penalties provided in this subsection are cumulative to the remedies or penalties available under all other laws of this State. [L 1998, c 232, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-23 Fine, revocation, suspension, and renewal of authority licenses.

§441-23 Fine, revocation, suspension, and renewal of authority licenses.
In addition to any other actions authorized by law, the director may fine an authority, revoke any authority license, or suspend the right of the licensee to use the license, or refuse to renew any license for any cause authorized by law, including but not limited to the following:
(1) Any dishonest or fraudulent act as a cemetery or pre-need funeral authority that causes substantial damage to another;
(2) Making repeated misrepresentations or false promises through advertising or otherwise;
(3) Violation of this chapter or the rules adopted pursuant thereto;
(4) Commingling the money or other property of others with that of the licensee;
(5) Having been adjudicated insane or incompetent;
(6) Selling or offering to sell any cemetery property, pre-need interment, funeral services, or pre-need funeral services based on speculation or promises of profit from resale;
(7) Failing to file the actuarial study or an audited financial statement or to maintain in effect the bond as required by section 441-22;
(8) Failing to maintain pre-need trusts or perpetual care funds as required by this chapter; or
(9) Violating section 441-22.7. [L 1967, c 199, pt of §1; HRS §441-23; am L 1969, c 242, §6; am L 1974, c 205, §2(7); am L 1975, c 21, §8; am L 1981, c 221, §9; am L 1982, c 66, §6; am L 1985, c 101, §9; am L 1992, c 202, §51; am L 1998, c 232, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-24 Inspection of cemetery or pre-need funeral authority books.

§441-24 Inspection of cemetery or pre-need funeral authority books.
The books, records, and papers of every cemetery authority whether or not a corporation, which operates or claims to operate a perpetual care cemetery, and of every pre-need funeral authority shall be subject to examination by the director as provided by law, and every cemetery authority operating a perpetual care cemetery, and every pre-need funeral authority shall submit such information as may be required by the director to furnish information as to whether or not the cemetery or pre-need funeral authority has complied with this chapter.
The records of every cemetery authority shall include the information required under section 441-3(b). The records of every cemetery and pre-need funeral authority shall also include a record of any and all notifications from purchasers or representatives of purchasers regarding:
(1) Any change in address; and
(2) Notice of cancellation,
and shall include copies of any and all written notices of termination that were sent to purchasers. Change of address notices, cancellation notices, and notices of termination relating to each contract containing any pre-need funeral services or pre-need interment services shall be maintained by the authority at all times prior to delivering goods or rendering services on the contract and for a period of at least six months after all goods have been delivered or all services have been rendered. [L 1967, c 199, pt of §1; HRS §441-24; am L 1969, c 242, §7; am L 1975, c 21, §9; am L 1981, c 221, §10; am L 1983, c 167, §15; am L 1985, c 270, §4; am L 2002, c 40, §75; am L 2007, c 188, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.

§441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.
Every cemetery authority operating a perpetual care cemetery or which engages in pre-need sales or holds money in trust for pre-need interment services, and every pre-need funeral authority which engages in pre-need sales or holds money in trust for pre-need funeral services shall submit an audited financial statement of its pre-need trusts and perpetual care funds to the director within ninety days after the close of the authority's books on a fiscal or calendar year basis. [L 1982, c 66, §1; am L 1985, c 101, §10; ree L 1986, c 339, §74]
Note
The amendment by L 1985, c 269, §55, is not included in this section.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.

§441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.
(a) Every cemetery authority operating a perpetual care cemetery and every cemetery or pre-need funeral authority offering pre-need services shall contract with an independent actuary to conduct an annual study of its level of funding. In the case of a perpetual care cemetery, the study shall be to determine whether the authority's perpetual care fund will provide sufficient income to cover the costs of the perpetual care of the cemetery. In the case of a cemetery or pre-need funeral authority, the study shall be to determine whether the authority's pre-need trust will be sufficient to cover the claims of pre-need plan participants.
(b) The actuarial study shall be submitted to the director within one hundred twenty days after the close of the authority's books for the fiscal or calendar year. At a minimum, such study shall detail the assets and liabilities of the fund or trust, the actuarial assumptions used in preparing the report and the actuary's conclusions as to whether the levels of funding are adequate. If the actuary concludes that the funding is not adequate, the actuary shall recommend what actions are necessary to protect the perpetual care fund or pre-need trust participants.
(c) If the study concludes that the levels of funding are not adequate or that the interests of the participants in the perpetual care fund or pre-need trusts are in any other respect not adequately protected, the director may require that a greater portion of the income be transferred to the fund or trust or may take such other action as is necessary to correct any inadequacies or may suspend the authority's right to accept further participants in the fund or trust. If requested by the authority, a hearing on the action taken by the director shall be conducted pursuant to chapter 91. [L 1985, c 101, §25]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.

§441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.
(a) The actuarial study, audited financial statement, and trust agreement filed by a cemetery or pre-need funeral authority, as required by this chapter, shall be available for review by any member of the general public upon request. The review of these documents shall be done during the department's normal business hours. The director shall have the right to deny review for reasons specified in rules adopted by the director pursuant to chapter 91.
(b) Upon delivery of an itemized price list to a prospective purchaser and upon execution of a contract for perpetual care and pre-need services, the cemetery or pre-need funeral authority shall notify the person of the availability for review of the actuarial study, audited financial statement, and trust agreement on file with the department as provided in this section. [L 1985, c 101, §26]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-25 License not required to act as cemetery or pre-need funeral salesperson.

§441-25 License not required to act as cemetery or pre-need funeral salesperson.
Chapter 467, relating to real estate brokers and salespersons, shall not be applicable to cemetery salespersons. [L 1967, c 199, pt of §1; HRS §441-25; am L 1969, c 242, §8; am L 1970, c 62, §1; am L 1975, c 21, §10; am L 1976, c 200, pt of §1; am L 1981, c 221, §11; gen ch 1993]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-29 Application for license; fees.

§441-29 Application for license; fees.
Every applicant for a license under this chapter shall file an application with the director in such form and setting forth such information as may be prescribed or required by the director and shall furnish such additional information bearing upon the issuance of the license as the director requires. In the case of a copartnership or corporation any officer may sign the application on behalf of the applicant. The application shall be accompanied by an application fee. [L 1967, c 199, pt of §1; HRS §441-29; am L 1975, c 21, §13; am L 1981, c 221, §15; am L 1985, c 101, §11; am L 1992, c 202, §52; am L 1997, c 40, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-30 Form of licenses.

§441-30 Form of licenses.
The form of every license shall be prescribed by the director, and shall be issued in the name of the department, and signed by the director. [L 1967, c 199, pt of §1; HRS §441-30; am L 1975, c 21, §14; am L 1981, c 221, §16]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-30.5 Transfer of license.

§441-30.5 Transfer of license.
(a) No license issued under this chapter shall be transferred, assigned, or loaned to another person. Any transaction involving the transfer of a licensee's business to another person shall require the prior approval of the director.
(b) The director may disapprove the proposed transfer of a license:
(1) For failure of the current licensee to meet and satisfy the requirements of section 441-46;
(2) For failure of the person intending to assume the current licensee's business to meet and satisfy the requirements of section 441-21; or
(3) In the interest of the contract holders of the current licensee.
(c) Within sixty days after receipt of the notification of disapproval of the transfer of the licensee's business, the licensee may request an administrative hearing to review the disapproval pursuant to chapter 91. [L 1988, c 73, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-31 Fees; biennial renewals.

§441-31 Fees; biennial renewals.
(a) The fee for a cemetery or pre-need funeral authority original license, for reinstatement of a suspended license, for biennial renewal of a license, and for the reissuance of a license when there has been a change in the licensee's name, shall be as provided in rules adopted by the director pursuant to chapter 91.
(b) The biennial renewal fee shall be paid to the director on or before December 31 of each odd-numbered year. Failure, neglect, or refusal of any duly licensed cemetery or pre-need funeral authority to pay the biennial renewal fee shall constitute a forfeiture of its license. Any such license may be restored upon written application therefor within one year of such date and the payment of the delinquent fees plus an amount equal to ten per cent thereof. [L 1967, c 199, pt of §1; HRS §441-31; am L 1968, c 14, §4; am L 1969, c 242, §12; am L 1975, c 21, §15 and c 118, §6; am L 1981, c 221, §17; am L 1982, c 66, §7 and c 204, §8; am L 1983, c 124, §17; am L 1985, c 101, §12; am L 1992, c 202, §53]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-32 Delivery of agreement.

§441-32 Delivery of agreement.
The cemetery or pre-need funeral authority shall deliver a copy of any contract pertaining to cemetery property, pre-need interment or pre-need funeral services to the person or persons signing it at the time the signature is obtained; provided that only one copy need be delivered to the parties signing as co-tenants. [L 1967, c 199, pt of §1; HRS §441-32; am L 1969, c 242, §13; am L 1985, c 101, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-32.5 Sales contracts; filing with the director.

§441-32.5 Sales contracts; filing with the director.
Every cemetery or pre-need funeral authority shall file with the director a copy of all existing contract forms, and any new contract form prior to its use, relating to the selling of cemetery property or pre-need services and related commodities. The content of the contract shall be in conformance with section 441-22.5(b). [L 1981, c 221, §23; am L 1985, c 101, §14]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-35 Perpetual care fund expressly permitted.

§441-35 Perpetual care fund expressly permitted.
A perpetual care fund and all payments or contributions to it are expressly permitted as and for charitable and eleemosynary purposes. No payment, gift, grant, bequest, or other contribution for perpetual care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities, or the suspension of the power of alienation of title to property. [L 1967, c 199, pt of §1; HRS §441-35]
Cross References
Uniform statutory rule against perpetuities, see chapter 525.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-36 Perpetual care required.

§441-36 Perpetual care required.
Any cemetery hereafter established shall be a perpetual care cemetery. No existing cemetery shall be operated as, or advertised or represented to be, a perpetual care cemetery except in compliance with this chapter. Every cemetery authority operating a perpetual care cemetery shall establish a perpetual care fund. [L 1967, c 199, pt of §1; HRS §441-36; am L 1985, c 101, §16]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-37 Trustee of perpetual care fund and pre-need trust.

§441-37 Trustee of perpetual care fund and pre-need trust.
(a) Every perpetual care fund and pre-need trust shall be administered by a bank or a trust company authorized to do business in the State; or a board of trustees as defined in section 441-1. Each authority covered under this chapter shall file with the director a copy of an executed copy of the declaration of the fund or trust and any amendment thereto.
(b) The bank or trust company appointed as trustee shall file a notice with the director disclosing the name of the bank or trust company, business address, and such additional information as the director requires. A successor trustee shall be subject to the requirements stated in this section.
(c) The board of trustees appointed as trustee shall file the following:
(1) A notice with the director disclosing the names of its members;
(2) A sworn affidavit stating that its members are not affiliated with the authority which appointed it;
(3) A bond in the penal sum of $100,000 issued by a surety company authorized to do business in the State; and
(4) Evidence of the insurance required by section 441-41(b).
The bond required in this subsection may be filed either as a board or an individual board member for $100,000 and shall run to the State. The bond shall be conditioned that the board of trustees will faithfully, promptly, and truly account and pay over to all persons to or for whom it may hold money in trust all sums of money that may properly be due them. The director or any person claiming to have sustained damage by reason of any breach of the conditions of the bond may bring action on the bond for the recovery of any damages sustained therefrom. The liability of the surety shall not exceed the amount of the bond issued to the board of trustees. The bond shall continue in full force and effect. [L 1967, c 199, pt of §1; HRS §441-37; am L 1981, c 221, §19; am L 1985, c 101, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-38 Contributions and payments to the trustee.

§441-38 Contributions and payments to the trustee.
(a) A cemetery authority may take, receive, and transfer to the trustee as a part of or incident to the perpetual care fund any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for perpetual care purposes and shall transfer to the trustee the amount stipulated in the contract or deed as being for perpetual care purposes for each plot, niche, or mausoleum crypt sold or disposed of, but not less than:
(1) $1 per square foot of interment space;
(2) $50 for each mausoleum crypt;
(3) $15 for each niche.
Such transfer shall be made not later than thirty days after the receipt of the final payment of the purchase price of each plot, niche, or crypt sold as property entitled to perpetual care.
(b) A cemetery or pre-need funeral authority may take and receive, but shall transfer to the trustee as part of or incident to the pre-need trust, all payments received after the recovery of acquisition costs, which shall be the lesser of thirty per cent of the contract price or the difference between the contract price and the cost of the pre-need interment or pre-need funeral services contracted to be provided. The transfer shall be made not later than thirty days after receipt of payment from the purchaser and shall be immediately deposited in the trust. [L 1967, c 199, pt of §1; HRS §441-38; am L 1985, c 101, §18]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-39 Principal of fund or trusts; use of income, reserves.

§441-39 Principal of fund or trusts; use of income, reserves.
(a) The principal of the perpetual care fund shall be invested and in no event reduced. Only so much of the income of the fund shall be paid to the cemetery authority as it, by submission of vouchers, can reasonably show to be necessary to cover the cost of perpetual care of the cemetery, including reasonable administrative expenses incurred in connection therewith; provided that a reserve may be created from which principal losses may be replaced by setting aside a reasonable percentage of surplus income, if any, or net capital gains from investments, and a reserve may also be set aside out of surplus income or net capital gains for future maintenance, repair, or restoration of property or embellishments in the cemetery, which may be necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. "Net capital gains" means the amount by which the cumulative capital gains since the establishment of the perpetual care fund exceeds the sum of cumulative capital losses since the establishment of the fund. Any surplus income or net capital gains not so set aside in reserve shall become a part of the principal of the fund.
(b) The principal of the pre-need trust shall be invested and shall not be diminished or withdrawn except in payment of the pre-need interment or pre-need funeral services contracted for and provided to the deceased purchaser or designee or for the contractual refund to the purchaser. The cemetery or pre-need funeral authority shall submit to the trustee a certified statement that the purchaser or an assignee of the purchaser has received the pre-need services under contract with the authority in order for the principal to be withdrawn. In the case of refund to the purchaser, the authority shall submit to the trustee a certified statement that the purchaser desires a refund. A reserve may be created from which principal losses may be replaced by setting aside a reasonable percentage of surplus income, if any, or net capital gains from investments. [L 1967, c 199, pt of §1; HRS §441-39; am L 1985, c 101, §19]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-40 Application of principal and income; responsibility of trustee.

§441-40 Application of principal and income; responsibility of trustee.
(a) The trustee shall be held responsible for all payments received for deposit in the perpetual care fund and pre-need trust. The trustee shall not withdraw money from the income of the perpetual care fund unless the cemetery authority submits a certified statement that withdrawals shall be used for the perpetual care of the cemetery, including reasonable administrative expenses incurred in connection with operating a perpetual care cemetery. Further, the trustee shall not withdraw money from the principal of the pre-need trust unless the cemetery or pre-need funeral authority submits a certified statement that the person entitled to the pre-need services or the assignee has received the services or that the purchaser has requested a refund of moneys.
(b) For the purposes of asset management and safekeeping of the funds, the trustee shall have the authority to inquire into the propriety of expenditures made by a cemetery and pre-need funeral authority in connection with the operation of the authority's business.
(c) The cemetery and pre-need funeral authority shall provide the trustee with the findings of the annual audit and actuarial study, which shall serve as guidelines in the management and safekeeping of the funds. [L 1967, c 199, pt of §1; HRS §441-40; am L 1985, c 101, §20]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-42 Trustee's compensation.

§441-42 Trustee's compensation.
The trustee shall be entitled to the same compensation as provided by law for trust companies in the management of fiduciary accounts, but in no event shall any sum in excess of five per cent of the income derived from the fund or pre-need trust in any year be paid as compensation to the trustee for its services in the administration of the fund or trust. [L 1967, c 199, pt of §1; HRS §441-42; am L 1985, c 101, §22]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-43 Inspection, regulation, and supervision of administrator.

§441-43 Inspection, regulation, and supervision of administrator.
Any administrator of a perpetual care fund, other than a trust company, shall be subject to inspection, supervision, and regulation by the director to the same extent and in the same manner as may be from time to time provided by law for the inspection, supervision, and regulation of trust companies doing business in the State. [L 1967, c 199, pt of §1; HRS §441-43; am L 1975, c 21, §16; am L 1981, c 221, §20]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-44 Trustee's account; enforcement by attorney general.

§441-44 Trustee's account; enforcement by attorney general.
The trustee shall annually file with the director an account which shall be made in such form as shall be prescribed by the director. The director shall notify the attorney general of any failure on the part of the trustee to comply with sections 441-37 to 441-44, or of the instrument creating the fund, or trust, and the attorney general may take such action as deemed appropriate. [L 1967, c 199, pt of §1; HRS §441-44; am L 1975, c 21, §17; am L 1981, c 221, §21; am L 1985, c 101, §23]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-45 Penalty.

§441-45 Penalty.
In addition to the penalties otherwise provided by law, any cemetery or pre-need funeral authority that violates, or fails to comply with any of the provisions of this chapter or rules adopted pursuant thereto shall be fined not more than $5,000 for each violation. [L 1967, c 199, pt of §1; HRS §441-45; am L 1981, c 221, §22; am L 1985, c 101, §24; am L 1988, c 73, §3; am L 2007, c 188, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-46 Surrender of license.

§441-46 Surrender of license.
(a) A pre-need authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter by voluntarily offering to surrender its license to the director with a sworn statement to that effect. The statement shall be accompanied by an affidavit that the licensee has lawfully expended or refunded all pre-need trust funds accepted by the person or made provisions to transfer the pre-need trust funds subject to the obligations related thereto to another person subject to approval of the director, and that the pre-need authority surrendering the license will accept no additional pre-need payments.
(b) A cemetery authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter by voluntarily offering to surrender its license to the director with a sworn statement to that effect. The statement shall be accompanied by an affidavit that the licensee has made provisions to have the trustee of the perpetual care fund provide for the perpetuity of the cemetery or to transfer the perpetual care fund subject to the obligations related thereto to another person subject to the approval of the director, and that the authority seeking to surrender the license will make no additional interments.
(c) The person proposed to receive the pre-need trust or perpetual care fund subject to the obligations related thereto shall meet and satisfy the requirements of section 441-21 prior to the director accepting the voluntary surrender of the pre-need or cemetery authority license and canceling or revoking the license. [L 1985, c 101, §27; am L 1988, c 73, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-1 Chiropractic defined.

§442-1 Chiropractic defined.
Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand; provided that the practice of chiropractic as contemplated and set forth in this chapter may include the use of necessary patient evaluation and management procedures of the human spinal column, hot or cold packs, whirlpool, therapeutic and rehabilitative exercise, traction, electrical and electromechanical stimulation, therapeutic ultrasound, myofascial release, diathermy, infrared, and chiropractic spinal manipulative treatment and extraspinal evaluations for the diagnosis and treatment of neuromusculoskeletal conditions related to the human spinal column, subject to the restrictions contained in this chapter; and provided further that the practice of chiropractic as contemplated and set forth in this chapter shall not include the practice of lomilomi or massage. For the purposes of this section, spinal refers to the five spinal regions: cervical region (includes atlanto-occipital joint); thoracic region (includes costovertebral and costotransverse joint); lumbar region; sacral region; and pelvic (sacroiliac joint) region. [L 1925, c 99, §8; RL 1935, §967; RL 1945, §2078; RL 1955, §60-1; HRS §442-1; am L 1997, c 78, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-2 License to practice.

§442-2 License to practice.
(a) It shall be unlawful for any person to practice chiropractic without a license. Any person applying for a license to practice chiropractic shall submit an application to the Hawaii board of chiropractic accompanied by the application fee, and all documents and affidavits that may be prescribed by law. The application shall be submitted in accordance with the rules of the board, shall be on a form prescribed by the board, and shall be signed by the applicant. In addition thereto, each applicant shall furnish to the board:
(1) Satisfactory proof that the applicant has met the educational requirements prescribed in the rules of the board; provided that these educational requirements shall not apply to applicants having entered an approved chiropractic college on or before October 31, 1955; and
(2) Satisfactory proof that the applicant graduated from a chiropractic college accredited by, or recognized as a candidate for accreditation by, any chiropractic college accrediting agency recognized by the United States Department of Education; provided that the requirements shall not apply to applicants who matriculated in any chiropractic college prior to October 15, 1984.
(b) Except in the cases otherwise prescribed in this section each applicant shall be a graduate of a chiropractic school or college accredited as provided by this section.
(c) Each applicant who successfully passes the examination shall pay a license fee. [L 1925, c 99, §5; am L 1927, c 254, §1; RL 1935, §960; am L 1939, c 186, §1; RL 1945, §2071; am L 1949, c 57, §1; am L 1955, c 229, §1(a); RL 1955, §60-2; am L 1957, c 316, §3; HRS §442-2; am L 1983, c 55, §1; am L 1984, c 7, §18 and c 240, §2; am L 1992, c 202, §54; am L 1994, c 124, §3; am L 1997, c 40, §8; am L 2000, c 10, §1; am L 2018, c 203, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-3 Hawaii board of chiropractic.

§442-3 Hawaii board of chiropractic.
There shall be a board to be known as the "Hawaii board of chiropractic", that shall consist of five members. Three members of the board shall be licensees under this chapter and two shall be public members. As used in this chapter, "board" means the Hawaii board of chiropractic.
No person connected with any chiropractic school or college is eligible to appointment as a member of the board. Each member licensed under this chapter shall have practiced chiropractic for at least five years immediately prior to the date of appointment. [L 1925, c 99, §1; RL 1935, §961; RL 1945, §2072; am L 1949, c 57, §2; RL 1955, §60-3; am L Sp 1959 2d, c 1, § §5, 15; am L 1963, c 114, §3; HRS §442-3; am L 1978, c 208, §3; am L 1982, c 204, §8; am L 1984, c 240, §3 and c 243, §1; am L 1992, c 202, §55; am L 1993, c 322, §4; am L 2018, c 203, § §2, 3]
Cross References
Departmental organization and administration, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-5 Board's powers.

§442-5 Board's powers.
In addition to any other powers and duties authorized by law, the board may adopt a seal, which shall be affixed to all official acts of the board; adopt from time to time such rules as the board may deem proper and necessary for the performance of its work; examine applicants and issue licenses and order the limitation, restriction, revocation, suspension, or placement under probation of licenses to practice chiropractic; summon witnesses and take testimony as to matters pertaining to its duties; adopt by rule continuing educational requirements for reregistration of licenses designed to promote the continuing professional competence of licensees and protection of the public. Each member may administer oaths and take affidavits, and do any and all things necessary or incidental to the exercise of the powers and duties herein granted or imposed. [L 1925, c 99, §4; RL 1935, §964; RL 1945, §2075; RL 1955, §60-6; am L Sp 1959 2d, c 1, §19; HRS §442-5; am L 1969, c 48, §2; am L 1984, c 243, §2; am L 1992, c 202, §56]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-6 Examinations.

§442-6 Examinations.
(a) An applicant for licensure who has met the requirements of chapters 436B and 442, the requirements prescribed in the rules of the board, and one of the following requirements shall be licensed:
(1) Successful completion of the National Board of Chiropractic Examiners parts I, II, III, IV, and physiotherapy;
(2) Successful completion of [the] National Board of Chiropractic Examiners parts I, II, III, physiotherapy, and Special Purposes Examination and evidence of licensure in good standing under the laws of another state or states after December 31, 1988; or
(3) Successful completion of [the] National Board of Chiropractic Examiners parts I, II, physiotherapy, and Special Purposes Examination and evidence of licensure in good standing under the laws of another state or states prior to January 1, 1989.
(b) The board may require the National Board of Chiropractic Examiners Special Purposes Examination in circumstances where the board needs to assess a person's fitness to practice chiropractic, including but not limited to:
(1) State-to-state reciprocity or endorsement;
(2) Disciplinary action; or
(3) Licensure lapse, suspension, or revocation.
(c) No person licensed to practice chiropractic in this State shall use physiotherapy modalities without receiving approval by the board to do so.
The board shall adopt rules for granting approval for the use of physiotherapy modalities by persons holding valid, current licenses under this chapter on June 4, 1984. The board shall require any licensed chiropractor seeking approval to use physiotherapy modalities and all new applicants for chiropractic licensure to take and pass the National Board of Chiropractic Examiners physiotherapy examination. [L 1925, c 99, §6; RL 1935, §965; RL 1945, §2076; am L 1955, c 229, §1(b); RL 1955, §60-7; HRS §442-6; am L 1971, c 130, §1; am L 1983, c 242, §1; am L 1984, c 7, §19 and c 243, §3; am L 1985, c 68, §13; am L 1986, c 100, § §1, 2; am L 1987, c 68, §1; am L 1988, c 357, §2 and c 367, §1; am L 1992, c 150, §1; am L 2000, c 10, §2]
Cross References
Disposal of examination records, see §94-5.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-7 Application, scheduling, administration, scoring, and place of examination.

§442-7 Application, scheduling, administration, scoring, and place of examination.
The application requirements and candidate qualifications to take the National Board of Chiropractic Examiners examinations specified in section 442-6, and the scheduling, administration, reexamination, scoring, and place of the examinations required for licensure shall be in accordance with the policies and requirements of the National Board of Chiropractic Examiners, unless otherwise determined and modified by the board. The qualifications for licensure in this State shall be as established in this chapter and chapter 436B and in rules adopted by the board. [L 1955, c 229, pt of §1(d); RL 1955, §60-7.5; HRS §442-7; am L 1992, c 150, §2; am L 2000, c 10, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-8 License form, authority under.

§442-8 License form, authority under.
One form of license shall be issued which shall be designated "License to Practice Chiropractic" and which shall authorize the holder thereof to practice chiropractic as defined in section 442-1 and also to use all necessary mechanical, hygienic, and sanitary measures incident to the care of the body, but shall not authorize the administration of drugs or medicine now or hereafter included in materia medica, or the performance of any surgical operation or the practice of osteopathy, dentistry, or optometry; provided that a holder of a license which has been limited, restricted, or placed under probation may practice chiropractic only within the limitation, restriction, or terms of probation. [L 1925, c 99, §7; RL 1935, §966; RL 1945, §2077; RL 1955, §60-8; am L Sp 1959 2d, c 1, §19; HRS §442-8; am L 1969, c 48, §3; am L 1984, c 243, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-10 Proceedings for revocation, suspension, limitation, restriction, or placement under probation of license.

§442-10 Proceedings for revocation, suspension, limitation, restriction, or placement under probation of license.
(a) In any proceeding for the revocation, suspension, limitation, restriction, or placement under probation of a license under this chapter for any act or condition listed in section 442-9, the person whose license is the subject of the proceeding shall be given notice and opportunity for hearing in conformity with chapter 91.
In any such proceeding, the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in such proceeding. The person whose license is the subject of the proceeding shall be entitled to require the board or any member thereof to subpoena and to administer oaths to any witness or witnesses who may be able to present evidence relevant in such proceeding, and shall be entitled to examine any such witness and any other witness in such proceeding. The circuit court of the circuit in which the proceeding is held shall have power to enforce by proper proceeding the attendance and testimony of witnesses in such proceeding.
(b) If any person called before the board as a witness in such proceeding, whether under subpoena or otherwise, except as privileged by law, refuses to answer any question which is relevant to the proceeding and is put to the witness by the board, a member thereof, or the person whose license is the subject of the proceeding, or disobeys any order of the circuit court relating to the proceeding, the board shall report the matter in writing to any judge of the circuit court of the circuit in which such proceeding is held and such person shall be cited to appear before the circuit judge to show cause why the person should not be punished for contempt of court under section 710-1077.
(c) Any person who wilfully and knowingly makes under oath any false statement in connection with any such proceeding before the board shall be guilty of perjury and shall be subject to the penalty prescribed by law for perjury. Whenever the board is satisfied that a witness has committed perjury in any proceeding before the board, it shall report the same to the prosecuting officer of the county in which the perjury took place, who shall prosecute the witness for perjury. [L 1949, c 151, §2; RL 1955, §60-10; am L 1965, c 96, §43; HRS §442-10; am L 1969, c 48, §5; am L 1984, c 95, §7 and c 243, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-11 Biennial renewal; fees; failure to renew.

§442-11 Biennial renewal; fees; failure to renew.
Every person holding a license to practice chiropractic in the State shall submit a renewal application with the Hawaii board of chiropractic on or before December 31 of each odd-numbered year and shall pay a renewal fee. If the board has established continuing education requirements for renewal, the license shall not be renewed unless proof of compliance with the requirements is submitted. A renewal notice shall be mailed to the last known address of all licensed chiropractors on or before November 30 of each odd-numbered year.
The failure, neglect, or refusal of any person holding a license to practice chiropractic to renew the license or to pay the renewal fee on or before December 31 of each odd-numbered year shall constitute a forfeiture of the license. A license that has been forfeited may be restored by the board upon compliance with the licensing renewal requirements provided by law and upon written application and payment of all applicable renewal fees, penalty fees, and compliance resolution fund fees within two years after the date of forfeiture. The license of any person who fails to apply for restoration of a forfeited license within two years from the date of forfeiture shall be automatically terminated. Once a license has been terminated pursuant to this section, the person may apply for a new license pursuant to and subject to all applicable laws and rules in effect at the time of application. [L 1955, c 229, pt of §1(d); RL 1955, §60-10.1; am L 1957, c 316, §4; HRS §442-11; am L 1975, c 118, §7; am L 1984, c 7, §21 and c 243, §7; am L 1992, c 150, §4; am L 2010, c 11, §1; am L 2018, c 203, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-12 Display of license certificate.

§442-12 Display of license certificate.
Every holder of a license shall display the holder's license certificate in a conspicuous place in the holder's principal place of business or place of employment. [L 1955, c 229, pt of §1(d); RL 1955, §60-10.2; HRS §442-12; gen ch 1985; am L 1992, c 150, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-14 Change of residence.

§442-14 Change of residence.
Every holder of a license who leaves to reside outside the State, shall immediately notify the Hawaii board of chiropractic of the change in writing and the change shall be noted in the board records. Failure to do so constitutes a violation and results in a forfeiture of the license, and it shall not be restored except upon the written application therefor and a payment to the board of a penalty fee. [L 1955, c 229, pt of §1(d); RL 1955, §60-10.4; HRS §442-14; am L 1984, c 7, §22; am L 1992, c 150, §6; am L 2018, c 203, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-16 Board records.

§442-16 Board records.
The board shall keep for public inspection a record of all licenses issued containing: the name, license number, effective and expiration dates of the license, and status of the license of the person to whom the license to practice chiropractic is issued. [L 1925, c 99, §11; RL 1935, §969; RL 1945, §2080; RL 1955, §60-11; am L Sp 1959 2d, c 1, §19; HRS §442-16; am L 1969, c 48, §6; am L 1992, c 150, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-17 Licensees, duties.

§442-17 Licensees, duties.
Chiropractic licensees shall observe and be subject to all state and municipal regulations relating to all matters pertaining to public health and may execute disability and health certificates so long as the same are confined to physical conditions and ailments which they are by law authorized to treat, which certificates shall be accepted by all officials, authorities, and boards operating within the State who are officially concerned with the matters or subject covered by the certificates. [L 1925, c 99, §12; RL 1935, §970; am L 1939, c 186, §2; RL 1945, §2081; RL 1955, §60-12; HRS §442-17; am L 1982, c 112, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-18 Disposition of fees; establishment of fees by rule.

§442-18 Disposition of fees; establishment of fees by rule.
(a) All moneys received by the board under this chapter shall be paid to the director of commerce and consumer affairs and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o).
(b) All fees required by this chapter or in rules adopted by the board shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. The examination fee may be paid directly to the testing agency by the director or the examinee. [L 1925, c 99, §13; RL 1935, §971; RL 1945, §2082; RL 1955, §60-13; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §442-18; am L 1984, c 7, §23; am L 1986, c 100, §3; am L 1997, c 232, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 442. Chiropractic › 442-19 Violations, penalty.

§442-19 Violations, penalty.
Any person who practices or attempts to practice chiropractic, or any person who buys, sells, or fraudulently obtains a license to practice chiropractic, whether recorded or not, or who uses the title "chiropractor" or "D.C.", or any word or title to induce, or tending to induce belief that the person is engaged in the practice of chiropractic, without first complying with this chapter; or any licensee under this chapter who uses the word "doctor" or the prefix "Dr." without the word "chiropractor" or "D.C." immediately following the licensee's name, or uses the letters "M.D." or the words "doctor of medicine", or the term "surgeon", or the term "physician", or the word "osteopath", or the letters "D.O.", or any other letters, prefixes, or suffixes, the use of which would indicate that the licensee is practicing a profession for which the licensee holds no license from the State, or any person who violates any of the provisions of this chapter, shall be fined not more than $1,000, or imprisoned not more than ninety days, or both. [L 1925, c 99, §14; RL 1935, §972; RL 1945, §2083; am L 1947, c 94, §1; RL 1955, §60-14; HRS §442-19; gen ch 1985; am L 1986, c 212, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-2 Powers and duties of the director.

§443B-2 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall:
(1) Grant certificates of registration to collection agencies pursuant to this chapter;
(2) Adopt, amend, or repeal rules as the director deems proper to fully effectuate this chapter;
(3) Enforce this chapter and the rules relating to collection agencies;
(4) Fine, suspend, terminate, or revoke any registration for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant any registration for any cause which would be grounds for revocation, termination, or suspension of a registration;
(5) Investigate the actions of any person or agency acting or alleged to be acting in the capacity of a registrant under this chapter;
(6) Order an audit of an account or an unannounced verification of an account's cash balance; and
(7) Extend the deadlines required under this chapter and the rules; provided that the registrant or applicant meets the conditions and requirements prescribed. [L 1987, c 191, pt of §1; am L 1990, c 246, §4; am L 1992, c 202, §59]