reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-8.8 Physician workforce assessment fee; license; physician workforce information.

§453-8.8 Physician workforce assessment fee; license; physician workforce information.
[Repeal of section on June 30, 2017, by L Sp 2009, c 18,
§
9; L 2012, c 186,
§
3(2) as noted in the main volume deleted by L 2017, c 40,
§
2.]
When a license is renewed, each physician or surgeon and each osteopathic physician or surgeon shall be assessed a fee of $60 that shall be transferred and deposited into the John A. Burns school of medicine special fund established under section 304A-2171 to support ongoing assessment and planning of the physician workforce in Hawaii, including:
(1) Ongoing assessment and planning, as well as the recruitment and retention of physicians, especially for the physician workforce serving rural and medically underserved areas of the State;
(2) Providing loan repayment to physicians who commit to working in medically underserved areas of the State as part of the Hawaii state loan repayment program administered by the John A. Burns school of medicine; and
(3) Providing scholarships to qualifying medical students to be determined by the John A. Burns school of medicine.
Payment of the physician workforce assessment fee shall be required for license renewal. [L Sp 2009, c 18, §3; am L 2012, c 186, §2; am L 2021, c 151, §3]
Note
Disbursements to special fund. L Sp 2009, c 18, §4; L 2012, c 186, §3(2); L 2017, c 40, §2.
Physician workforce assessment report to legislature beginning in 2011 and every year thereafter. L Sp 2009, c 18, §5; L 2012, c 186, §3(1).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-10 Witnesses in such proceeding.

§453-10 Witnesses in such proceeding.
In any proceeding the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in the proceeding. The board may subpoena physicians, osteopathic physicians, or surgeons as specialists, on the recommendation of the appropriate specialist society. The board may order a mental, physical, or medical competency examination to determine the capacity or ability of a licensee to continue to practice medicine or surgery and order appropriate specialist societies to conduct examinations. The person whose license is sought in the proceeding to be revoked, limited, or suspended shall be entitled to require the board or any member thereof to subpoena and to administer oaths to any witness who may be able to present evidence relevant in the proceeding, and shall be entitled to examine any witness in the proceeding. The circuit court of the circuit in which the proceeding is held may enforce by proper proceeding the attendance and testimony of witnesses in the proceeding. [L 1917, c 61, §1; RL 1925, §1031; RL 1935, §1210; RL 1945, §2509; am L 1947, c 201, pt of §1; RL 1955, §64-9; am L Sp 1959 2d, c 1, §19; HRS §453-10; am L 1969, c 257, §8; am L 1976, c 219, §12; am L 2008, c 5, §15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-11 Recalcitrant witnesses; contempt.

§453-11 Recalcitrant witnesses; contempt.
If any person called before the board as a witness in any 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 individual by the board, a member thereof or the person whose license is sought to be revoked, limited, or suspended in 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 the person shall be cited to appear before the circuit judge to show cause why the individual should not be punished for contempt of court under section 710-1077. [L 1917, c 61, §2; RL 1925, §1032; RL 1935, §1211; RL 1945, §2510; am L 1947, c 201, pt of §1; RL 1955, §64-10; am L Sp 1959 2d, c 1, §19; HRS §453-11; am L 1969, c 257, §9; am L 1976, c 219, §13; am L 1982, c 147, §24; am L 1983, c 92, §1(9)]
Cross References
Physician-patient privilege, see §626-1, rule 504.
Rules of Court
Contempt, see HRCP rule 45(f).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-12 Perjury.

§453-12 Perjury.
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 the 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 1917, c 61, §3; RL 1925, §1033; am imp L 1932 1st, c 13, pt of §1; RL 1935, §1212; RL 1945, §2511; am L 1947, c 201, pt of §1; RL 1955, §64-11; am L Sp 1959 2d, c 1, §19; HRS §453-12; am L 1969, c 257, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-13 Penalty.

§453-13 Penalty.
Any person who violates this chapter, or who offers or in any way attempts to engage in the practice of medicine as defined in section 453-1 and fails to comply with any of the requirements or provisions of this chapter, penalty for which violation or failure to comply is not otherwise provided for, shall be fined not more than $500 or imprisoned not more than six months and each day's violation or failure to comply shall be deemed a separate offense.
All tools, implements, medicine, and drugs used in the practice of medicine by any person convicted of practicing medicine without a license shall be declared forfeited to the State by the court and ordered destroyed. [L 1896, c 60, §6; RL 1925, §1028; am L 1929, c 109, §1; RL 1935, §1207; RL 1945, §2512; RL 1955, §64-12; HRS §453-13]
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 › 453. Medicine and Surgery › 453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds.

§453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds.
(a) Every physician, osteopathic physician, physician assistant, and surgeon attending or treating a case of knife wound, bullet wound, gunshot wound, powder burn, or any injury that would seriously maim, produce death, or has rendered the injured person unconscious, caused by the use of violence or sustained in a suspicious or unusual manner or in motor vehicle collisions resulting in serious injury or death, or, whenever the case is treated in a hospital, clinic, or other institution, the manager, superintendent, or person in charge thereof, shall report the case or provide requested information to the chief of police of the county within which the person was attended or treated, giving the name of the injured person, description of the nature, type, and extent of the injury, together with other pertinent information that may be of use to the chief of police. As used herein, the term "chief of police" means the chief of police of each county and any of the chief's authorized subordinates.
(b) This section shall not apply to wounds, burns, or injuries received by a member of the armed forces of the United States or of the State while engaged in the actual performance of duty.
(c) Any person who fails to make the report called for herein within twenty-four hours after the attendance or treatment shall be fined not less than $50 nor more than $500. [L 1933-34, c 27, § §1, 2; RL 1935, §1202; am L 1943, c 23, §1; RL 1945, §2513; am L 1955, c 110, §1; RL 1955, §64-13; HRS §453-14; am L 1983, c 92, §1(10); am L 2005, c 39, §1; am L 2008, c 5, §16; am L 2009, c 151, §19]
Cross References
Report of child abuse, see chapter 350.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-15 Who shall give consent to a postmortem examination.

§453-15 Who shall give consent to a postmortem examination.
A pathologist or any licensed physician, osteopathic physician, or surgeon may conduct a postmortem examination when written consent thereto is given by whoever of the following assumes custody of the body for purposes of burial: father, mother, husband, wife, reciprocal beneficiary, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend or person, including a governmental agency, charged by law with the responsibility for the burial. If two or more persons assume custody of the body, the consent of one of them is sufficient. The consent shall include the consent to the retention by the pathologist or licensed physician, osteopathic physician, or surgeon who conducts the postmortem examination of tissues, including fetal material, of the body removed at the time of the postmortem examination to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes. [L 1957, c 309, §1; Supp, §64-14; am L 1967, c 188, §1; HRS §453-15; am L 1997, c 383, §62; am L 2008, c 5, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-16 Intentional termination of pregnancy; refusal to perform.

§453-16 Intentional termination of pregnancy; refusal to perform.
(a) A licensed physician or surgeon or licensed osteopathic physician and surgeon may provide abortion care. A licensed physician assistant may provide medication or aspiration abortion care in the first trimester of pregnancy.
(b) The State shall not deny or interfere with a pregnant person's right to choose to:
(1) Obtain an abortion; or
(2) Terminate a pregnancy if the termination is necessary to protect the life or health of the pregnant person.
(c) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal.
(d) For purposes of this section:
"Abortion" means an intentional termination of the pregnancy of a nonviable fetus.
"Nonviable fetus" means a fetus that does not have a reasonable likelihood of sustained survival outside of the uterus. [L 1970, c 1, §2; am L 2006, c 35, §2; am L 2008, c 5, §18; am L 2023, c 2, §2]
Attorney General Opinions
Constitutionality of residence requirement discussed. Att. Gen. Op. 70-2.
The hospital requirement of subsection (a)(2) is not enforceable during the first trimester of pregnancy; subsection (a)(3) is unconstitutional and invalid. Att. Gen. Op. 74-17.
Law Journals and Reviews
The Abortion Decision and Evolving Limits on State Intervention. 11 HBJ 51 (1974).
Emergency Contraception in Religious Hospitals: The Struggle Between Religious Freedom and Personal Autonomy. 27 UH L. Rev. 65 (2004).
Case Notes
Fetus in last trimester was vested with all rights of human beings. 751 F. Supp. 168 (1990).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-17 Subpoena of peer review adverse decision report.

§453-17 Subpoena of peer review adverse decision report.
In connection with an investigation under section 453-7.5, the director of commerce and consumer affairs may issue subpoenas, pursuant to section 26-9(j), compelling the production of hospital records of patients whose cases were reviewed by a peer review committee that filed a report pursuant to section 663-1.7, as well as the full report reflecting the committee's decision and the basis of that decision, notwithstanding section 624-25.5. A medical society, hospital, or health care facility shall expunge from the documents only the following patient identifiers: name, address, telephone number, hospital identification number, and social security number. Information for investigation which was obtained through a subpoena shall be for the sole use by the department of commerce and consumer affairs to carry out its responsibilities and functions and shall be held confidential by the department, unless the information is admissible evidence at a hearing held under section 453-9. This investigation shall be deemed a sensitive matter related to public safety under section 92-5. [L 1982, c 227, pt of §1 and c 204, §8; am L 1983, c 124, §17; am L 1984, c 168, §13; am L 1987, c 67, §3]
Note
Section 453-9 referred to in text is repealed.
Revision Note
Section "26-9(j)" substituted for "26-9(i)".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-18 Pelvic examinations on anesthetized or unconscious female patients.

§453-18 Pelvic examinations on anesthetized or unconscious female patients.
A physician, osteopathic physician, surgeon, or student participating in a course of instruction, residency program, or clinical training program shall not perform a pelvic examination on an anesthetized or unconscious female patient unless:
(1) The patient gives prior verbal or written informed consent to the pelvic examination;
(2) The performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient; or
(3) The patient is unconscious and the pelvic examination is required for diagnostic purposes. [L 2012, c 136, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-31 Emergency ambulance service personnel.

§453-31 Emergency ambulance service personnel.
The practice of any emergency medical services by any individual employed by an emergency ambulance service who is not licensed under part I of this chapter or under chapter 457 shall be subject to licensure under this part. In the event of any conflict between this part and any rules adopted under section 453-2, this part shall control with regard to emergency ambulance service personnel.
The Hawaii medical board shall define the scope of the practice of emergency medical services, different levels of the practice, and degree of supervision required of a supervising physician or osteopathic physician when a person licensed under this part provides services within the practice of medicine. [L 1978, c 148, pt of §2(1); am L 1984, c 168, §14; am L 2008, c 5, §19 and c 9, §3; am L 2021, c 119, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-32 License requirements for emergency medical services.

§453-32 License requirements for emergency medical services.
(a) The Hawaii medical board shall issue licenses to individuals qualified in emergency medical services, upon application therefor; provided that the applicant for licensure:
(1) Holds a current certificate from the National Registry of Emergency Medical Technicians for the requisite level of practice, has satisfactorily passed a course of training in emergency medical services for emergency ambulance services personnel that shall be based on and may exceed the national curriculum of the United States Department of Transportation and approved by the board if required for the applicable level of practice, and meets other standards and qualifications, including passage of an examination, set by the Hawaii medical board pertinent to the practice of emergency medical services in Hawaii;
(2) Meets continuing education requirements that shall be set by the Hawaii medical board; and
(3) Meets other qualifications set by the Hawaii medical board.
(b) The board shall directly review the credentials of applicants and administer examinations required. Licensure under this section shall be a prerequisite to the practice of emergency medical services as an employee of an emergency ambulance service.
(c) The Hawaii medical board shall provide standard application forms for the licensure under this part, and shall provide for the periodic renewal of such license. The Hawaii medical board shall assess a fee for such application, licensure, and renewal. The Hawaii medical board shall provide for the revocation, suspension, or limitation of licensure in the event an individual once licensed under this section fails to maintain or meet requirements for continued licensure, or for good cause shown.
(d) For purposes of this section, "emergency ambulance personnel" means emergency medical technicians, advanced emergency medical technicians, mobile intensive care technicians, or paramedics. [L 1978, c 148, pt of §2(1); am L 1984, c 168, §15; am L 1989, c 181, §5; am L 2008, c 9, §3; am L 2021, c 119, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-32.1 Renewal of licensure.

§453-32.1 Renewal of licensure.
(a) Every person holding a license under this part shall renew the license with the board no later than January 31 of each even-numbered year, pay a renewal fee, and comply with the continuing education requirements set forth in the board's rules.
(b) To determine compliance, the board may conduct a random audit. A person selected for audit shall be notified by the board. Within sixty days of notification, the person shall provide to the board documentation to verify compliance with the continuing education requirements.
(c) Failure to renew, pay the renewal fee, and, in the case of audited persons, provide documentation of compliance shall constitute a forfeiture of the license which may only be restored upon the submission of written application, payment to the board of a restoration fee, and in the case of audited persons, documentation of compliance.
(d) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required. [L 1989, c 181, §1; am L 2001, c 66, §2; am L 2021, c 119, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-32.5 Provisional licensure.

§453-32.5 Provisional licensure.
(a) The board shall approve provisional licensure of an applicant under section 453-32 if the applicant has graduated from a board approved training program within twelve months of the date of application and has never taken the written and practical examination of the National Registry of Emergency Medical Technicians for that level of practice but otherwise meets the requirements of section 453-32, has filed a complete application with the board, and has paid all required fees.
(b) If the applicant fails to apply for, or to take, the next succeeding examination or fails to pass the examination or fails to receive a license, all privileges under this section shall automatically cease upon written notification sent to the applicant by the board. A provisional license for each level of practice may be issued only once to each person.
(c) Prior to practicing under any provisional license, applicants shall notify the board in writing of any and all employers under whom they will be performing services. [L 1984, c 168, pt of §2; am L 1986, c 144, §5; am L 1988, c 110, §7; am L 2021, c 119, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-32.51 Limited provisional licensure.

§453-32.51 Limited provisional licensure.
(a) The Hawaii medical board shall approve limited provisional licensure of an applicant under this section if the applicant:
(1) Has graduated from a board or state-approved training program as developed and promulgated by the United States Department of Transportation, if required for the applicable level of practice;
(2) Has passed the written and practical examinations of the National Registry of Emergency Medical Technicians for that level of practice;
(3) Holds a current certificate from the National Registry of Emergency Medical Technicians for that level of practice;
(4) Has submitted a letter verifying acceptance into a period of peer review as an emergency medical technician, advanced emergency medical technician, mobile intensive care technician, or paramedic;
(5) Has filed a completed application with the board; and
(6) Has paid all the required fees.
(b) Limited licensure of any applicant shall be restricted to a maximum of one year.
(c) All privileges under this section shall automatically cease if the applicant receives licensure under section 453-32 or 453-32.1 or is no longer participating in a period of peer review. [L 1996, c 147, §1; am L 2008, c 9, §3; am L 2021, c 119, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-32.6 Delegation to committee of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel. The Hawaii medical board shall establish a committee consisting of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel to assist the board in the performance of duties under this part. The board, by written order, may delegate to the committee any of its powers and duties for administration of this part, except that the board shall not delegate any authority to adopt, amend, or repeal rules, take disciplinary action against a license holder, or restore a license which has been revoked. [L 1984, c 168, pt of §2; am L 2008, c 5, §20 and c 9, §3; am L 2021, c 119, §10]

§453-32.6
Delegation to committee of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel.
The Hawaii medical board shall establish a committee consisting of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel to assist the board in the performance of duties under this part.
The board, by written order, may delegate to the committee any of its powers and duties for administration of this part, except that the board shall not delegate any authority to adopt, amend, or repeal rules, take disciplinary action against a license holder, or restore a license which has been revoked. [L 1984, c 168, pt of §2; am L 2008, c 5, §20 and c 9, §3; am L 2021, c 119, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-34 Licensure consistent with levels of practice; licensure of emergency medical technician 1.

§453-34 Licensure consistent with levels of practice; licensure of emergency medical technician 1.
(a) The Hawaii medical board shall issue licenses upon application therefor, consistent with the following levels of practice:
(1) Emergency medical technician 1;
(2) Emergency medical technician;
(3) Advanced emergency medical technician; or
(4) Mobile intensive care technician or paramedic.
(b) Beginning July 1, 2022, the Hawaii medical board shall accept applications for licensure as an emergency medical technician 1; provided that the applicant shall:
(1) Demonstrate successful completion of a Hawaii medical board-approved emergency medical technician course that meets or exceeds the National Emergency Medical Services Education Standards for Emergency Medical Technicians;
(2) Provide a current cardiopulmonary resuscitation certification;
(3) Demonstrate proficiency in basic life support for health care providers;
(4) Demonstrate successful completion of the National Registry of Emergency Medical Technicians emergency medical technician cognitive examination and National Registry of Emergency Medical Technicians psychomotor examination;
(5) Pay any fees assessed in amounts equivalent to fees paid by emergency medical technicians pursuant to section 16-53-21.5, Hawaii Administrative Rules; and
(6) Meet any other requirements determined by the Hawaii medical board.
(c) Any emergency medical technician 1 licensed under this part shall document care in a pre-hospital emergency medical records system compatible with the emergency medical services system's pre-hospital medical records system. Emergency medical technicians 1 shall:
(1) Practice under a physician or osteopathic physician licensed pursuant to this chapter; and
(2) Restrict their scope of practice to the performance of basic emergency medical care of patients. [L 2021, c 119, § §2, 13; am L 2022, c 65, §2; am L 2023, c 193, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-51 Definitions.

§453-51 Definitions.
As used in this part:
"Expedited partner therapy" means the indirect treatment of partners of a patient who has been diagnosed as having a sexually transmitted disease through the dispensing or prescribing of antibiotic therapy for the treatment of the partners to the patient without the physical examination of the partners by a health professional.
"Health professional" means any of the following:
(1) A person licensed or otherwise authorized by law to practice medicine or surgery under this chapter and whose scope of practice includes the diagnosis and treatment of sexually transmitted diseases;
(2) An advanced practice registered nurse with prescriptive authority under chapter 457 and duly licensed in the State; or
(3) For the purpose of dispensing antibiotic therapy under this section, a pharmacist who is licensed or otherwise authorized to engage in the practice of pharmacy under chapter 461.
"Sexual activity" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, but emission of semen is not required.
"Sexually transmitted disease" means chlamydia, gonorrhea, or other sexually transmitted diseases that are or may be recommended by the Centers for Disease Control and Prevention for expedited partner therapy. [L 2013, c 250, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-52 Expedited partner therapy.

§453-52
Expedited partner therapy.
(a) A health professional may, in addition to treating a patient, provide expedited partner therapy to the partners of the patient if all of the following requirements are met:
(1) The patient has a laboratory-confirmed or suspected clinical diagnosis of a sexually transmitted disease;
(2) The patient indicates that the patient has partners with whom the patient has engaged in sexual activity within the sixty-day period immediately preceding the diagnosis of a sexually transmitted disease; and
(3) The patient indicates that the patient's partners are unable or unlikely to seek clinical services in a timely manner.
(b) A health professional who provides expedited partner therapy as authorized in this section shall do all of the following:
(1) Dispense or prescribe antibiotic therapy in the name of the partners, if known, without the physical examination of the partners by the health professional. Notwithstanding any law to the contrary, if the name of the partners are not known, the health professional shall dispense or prescribe the antibiotic therapy in the name of "Expedited Partner Therapy";
(2) Convey to the patient that it is important to notify the patient's partners of the patient's diagnosis and that it is important for the partners to obtain medical care for a complete evaluation, testing for sexually transmitted diseases, counseling, and treatment;
(3) Distribute to the patient the information sheet developed pursuant to section 453-53; and
(4) Follow all Centers for Disease Control and Prevention guidelines related to the practices and recommendations for expedited partner therapy. [L 2013, c 250, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-53 Information sheet.

§453-53 Information sheet.
The department of health shall develop and, upon request, distribute to health professionals subject to this part an information sheet that includes all of the following:
(1) A description of expedited partner therapy and its purpose;
(2) A notice that an individual who has been treated for a sexually transmitted disease should be retested after treatment to detect possible persistent or recurrent infection, including information on the timing of retesting, as recommended by the Centers for Disease Control and Prevention;
(3) A warning about the possible dangers of administering antibiotic therapy to a pregnant individual;
(4) Information about antibiotics dispensed or prescribed and dosages of those antibiotics dispensed or prescribed, as recommended by the Centers for Disease Control and Prevention;
(5) A warning about the risk of allergies to and drug interactions with the antibiotics described in paragraph (4);
(6) Information about sexually transmitted diseases, the treatment of sexually transmitted diseases, and the prevention of sexually transmitted diseases;
(7) A notice that the patient and the patient's partners should abstain from sexual activity for seven days after the patient and the partners have completed the antibiotic therapy;
(8) A notice that the partners should be tested for sexually transmitted diseases;
(9) A notice of the risk to the patient, the partners, and others, including the public health, if a sexually transmitted disease is not completely treated;
(10) A notice of the responsibility of the patient to notify sexual partners of the risk of sexually transmitted diseases and the importance of examination and treatment for sexually transmitted diseases; and
(11) A statement advising any individual who has any questions regarding anything in the information sheet to contact a health professional or the department of health. [L 2013, c 250, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-54 Limitation of liability.

§453-54 Limitation of liability.
A health professional who provides expedited partner therapy as authorized under section 453-52, a person licensed or otherwise authorized by law to practice medicine or surgery under this chapter, an advanced practice registered nurse with prescriptive authority under chapter 457, or a pharmacist who is licensed or otherwise authorized to engage in the practice of pharmacy under chapter 461, who reasonably and in good faith renders the expedited partner therapy in accordance with this section and the rules and regulations adopted by the director of commerce and consumer affairs, shall not be subject to civil or criminal liability or be deemed to have engaged in unprofessional conduct for rendering that therapy. [L 2013, c 250, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-1 Definitions

§453D-1 Definitions
. As used in this chapter, unless the context clearly requires otherwise:
"Accredited educational institution" means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body.
"Clinical supervision" means supervision applied to all individuals who are gaining the experience required for a license as a mental health counselor. "Clinical supervision" includes but is not limited to:
(1) Case consultation on the assessment and presenting problem;
(2) Development and implementation of treatment plans;
(3) Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and
(4) Evaluation of the course of treatment.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Licensed mental health counselor" means a person:
(1) Who engages in the practice of mental health counseling and uses the title of licensed mental health counselor;
(2) Who has been issued a license under this chapter; and
(3) Whose license is in effect and not revoked or suspended.
"Practice of mental health counseling" means the rendering of professional counseling services based on specialized education, training, and experience to individuals, families, or groups for compensation, monetary or otherwise. These professional counseling services include applying the respective principles, methods, and theories of counseling, human development, learning theory, group and family dynamics, rehabilitation, and the etiology of mental illness and dysfunctional behavior, and defining goals and developing a treatment plan of action aimed toward the prevention, treatment, and resolution of mental and emotional dysfunction and intra or interpersonal disorders to all persons irrespective of diagnosis. "Practice of mental health counseling" includes but is not limited to:
(1) The assessment, diagnosis, and treatment of, and counseling for, mental and emotional disorders;
(2) The assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders defined in the approved diagnostic and statistical manual for mental disorders;
(3) The application of educational techniques aimed at the prevention of these disorders; and
(4) The provision of consultative services to individuals, couples, families, groups, organizations, and communities. [L 2004, c 209, pt of §2; am L 2006, c 14, §1; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-2 Mental health counselors licensing program

§453D-2 Mental health counselors licensing program
. There is established a mental health counselors licensing program within the department to be administered by the director. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-3 Powers and duties of the director

§453D-3 Powers and duties of the director
. In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:
(1) Grant permission to a person to use the title of "licensed mental health counselor" or a description indicating one is a licensed mental health counselor in this State pursuant to this chapter and the rules adopted pursuant thereto;
(2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
(3) Administer, coordinate, and enforce this chapter;
(4) Discipline a licensed mental health counselor for any due cause described by this chapter or violation of the rules;
(5) Refuse to license a person for failure to meet licensing requirements or on grounds sufficient to discipline a licensed mental health counselor; and
(6) Appoint an advisory committee consisting of licensed mental health counselors and members of the public to assist with the implementation of this chapter and adopted rules; provided that the initial members of the committee who are mental health counselors shall not be required to be licensed pursuant to this chapter. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-4 Fees; disposition.

§453D-4 Fees; disposition.
(a) Application, examination, reexamination, license, renewal, restoration, penalty, and any other fees relating to the administration of this chapter, shall not be refundable and shall be provided in rules adopted by the director pursuant to chapter 91.
(b) Fees assessed shall defray costs incurred by the department to support the operation of the mental health [counselors] licensing program. Fees collected shall be managed in accordance with section 26-9(l). [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-5 Prohibited acts.

§453D-5 Prohibited acts.
Except as specifically provided in this chapter, no person shall engage in the practice of mental health counseling or use the title of "licensed mental health counselor" or "mental health counselor" without a valid license issued under this chapter. Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-8 Reciprocity.

§453D-8 Reciprocity.
(a) The director may enter into a reciprocity agreement with any state that licenses mental health counselors if the director finds that the state has substantially the same or higher requirements as this chapter.
(b) The agreement shall provide that the director shall license any resident of that state who is currently licensed by that state if the individual has met or exceeded the requirements of this chapter. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-9 Examination.

§453D-9 Examination.
(a) The department shall conduct a licensing examination of applicants at least once a year at a time and place designated by the department.
(b) The department shall administer the National Counselor Examination for Licensure and Certification in compliance with the standards of the National Board for Certified Counselors.
(c) The examining fee shall be paid by the applicant directly to the National Board for Certified Counselors.
(d) An applicant shall be held to have passed an examination by obtaining a passing score as determined by the director. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-10 Licensure; fees.

§453D-10 Licensure; fees.
A license shall be issued to a person deemed to be qualified under section 453D-7 upon the payment of a license fee to be determined by the department and shall be valid for three years. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-11 Renewal of license; fees.

§453D-11 Renewal of license; fees.
Licenses shall
be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30, with the first renewal deadline occurring on June 30, 2008. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and the person may be required to reapply for licensure as a new applicant. All renewal and restoration fees shall be determined by the department. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-12 Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of, licenses.

§453D-12 Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of, licenses.
(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, and may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:
(1) Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;
(2) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;
(3) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, cocaine, or other drugs or derivatives of a similar nature;
(4) Practicing the licensed profession while impaired by alcohol, drugs, physical disability, or mental instability;
(5) Procuring a license through fraud, misrepresentation, or deceit;
(6) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license;
(7) Professional misconduct, incompetence, gross negligence, or manifest incapacity, in the practice of the licensed profession;
(8) Engaging in conduct or practice contrary to recognized standards of ethics for the licensed profession;
(9) Violating any condition or limitation upon which a conditional or temporary license was issued;
(10) Engaging in business under a past or present license issued pursuant to the licensing laws, in a manner causing injury to one or more members of the public;
(11) Failing to comply with, observe, or adhere to any law in a manner such that the director deems the applicant or holder to be an unfit or improper person to hold a license;
(12) Having had a license revoked or suspended, or having been the subject of other disciplinary action, by another state or a federal agency for any reason provided by the licensing laws or this section;
(13) Having been convicted of a crime, whether by nolo contendere or otherwise, directly related to the qualifications, functions, or duties of the licensed profession;
(14) Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;
(15) Employing, utilizing, or attempting to employ or utilize, at any time, any person not licensed under the licensing laws where licensure is required; or
(16) Violating this chapter, chapter 436B, or any rule or order of the director.
(b) Any licensee or applicant who violates this section may also be fined not more than $1,000 per violation. [L 2004, c 209, pt of §2; am L 2005, c 22, §31; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-13 Confidentiality and privileged communications.

§453D-13
Confidentiality and privileged communications.
No person licensed as a mental health counselor, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering mental health counseling services, except in the following circumstances:
(1) As required by law;
(2) To prevent a clear and imminent danger to a person or persons;
(3) In accordance with the terms of a previously written waiver of the privilege where the waiver is executed by the client or by the client's legally recognized representative;
(4) Where more than one person jointly receives counseling and each person who is legally competent executes a written waiver. In that instance, a mental health counselor may disclose information from any person in accordance with that person's waiver; or
(5) In the course of a disciplinary action or pursuant to a duly authorized subpoena issued by the department. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453D. Mental Health Counselors › 453D-14 Mental health counselor prohibited from testifying in alimony and divorce actions.

§453D-14 Mental health counselor prohibited from testifying in alimony and divorce actions.
If both parties to a marriage have obtained mental health counseling from a licensed mental health counselor, the counselor shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of mental health counseling. This section shall not apply to custody actions whether or not part of a divorce proceeding. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454F. Secure and Fair Enforcement for Mortgage Licensing Act › 454F-1.5 Registration with NMLS required.

§454F-1.5 Registration with NMLS required.
(a) All mortgage loan originators, mortgage loan originator companies, exempt registered mortgage loan originators, exempt sponsoring mortgage loan originator companies, nonprofit organizations, and every other person in this State that originates a residential mortgage loan, unless exempt under section 454F-2, shall register with NMLS.
(b) Exempt registered mortgage loan originators, unless exempt under section 454F-2, shall register and maintain a unique identifier through NMLS, but shall not be required to be licensed under this chapter. [L 2010, c 84, pt of §3; am L 2011, c 194, §3; am L 2012, c 252, §3; am L 2013, c 168, §3; am L 2016, c 122, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454F. Secure and Fair Enforcement for Mortgage Licensing Act › 454F-1.6 Presumption of control.

§454F-1.6 Presumption of control.
An individual is presumed to control a mortgage loan originator company if that individual is:
(1) An executive officer; or
(2) A director, general partner, or managing member who directly or indirectly has the right to vote ten per cent or more of a class of voting securities or has the power to sell or direct the sale of ten per cent or more of a class of voting securities of that licensee or applicant. [L 2010, c 84, pt of §3; am L 2012, c 252, §4; am L 2013, c 168, §4; am L 2016, c 122, §5; am L 2017, c 150, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454F. Secure and Fair Enforcement for Mortgage Licensing Act › 454F-1.8 Sponsorship by mortgage loan originator company, exempt sponsoring mortgage loan originator company, or nonprofit organization.

§454F-1.8 Sponsorship by mortgage loan originator company, exempt sponsoring mortgage loan originator company, or nonprofit organization.
All mortgage loan originators shall be sponsored by a mortgage loan originator company, an exempt sponsoring mortgage loan originator company, or a nonprofit organization. At no time shall a mortgage loan originator be sponsored by more than one Hawaii licensed mortgage loan originator company, exempt sponsoring mortgage loan originator company, or nonprofit organization. [L 2011, c 194, pt of §1; am L 2012, c 252, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454F. Secure and Fair Enforcement for Mortgage Licensing Act › 454F-2.5 Exempt sponsoring mortgage loan originator company; registration.

§454F-2.5 Exempt sponsoring mortgage loan originator company; registration.
Any person exempt from the licensing provisions of this chapter may register with NMLS for the purpose of sponsoring a mortgage loan originator required to be licensed by this chapter. [L 2011, c 194, pt of §1; am L 2013, c 168, §20]