reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-3 Prohibited acts.

§468M-3 Prohibited acts.
No activity desk shall engage in any of the following practices:
(1) Covering, concealing, or obscuring the name, address, or telephone number of an activity provider in any card or brochure;
(2) Placing a telephone number, address, or other information on any card, brochure, or other advertising material produced or published by an activity provider, whether by decal, sticker, stamp, or otherwise, without identifying the activity desk by name, address, and registration number;
(3) Using a promotional card or brochure that does not clearly display the name and telephone number of the activity provider whose activity is being sold or booked when the activity is located in this State;
(4) Withdrawing any funds of a consumer from a client trust account, other than a sales commission up to a maximum of fifteen per cent or to make a refund to the consumer, until the activity provider has been paid;
(5) Failing to possess a current and valid registration prior to engaging in business or advertising as an activity desk; or
(6) Failing to obtain full payment for an activity prior to or at the time activity reservations are booked or placed with the activity provider or within three business days thereafter, except where the reservation specifically provides for direct payment of the amounts owed to the activity provider at the time of the activity. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2; am L 2010, c 150, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-4 Payment provision.

§468M-4 Payment provision.
Unless the express written contract has a provision to the contrary, payment shall be due and payable thirty days from the date of invoice. [L 1990, c 214, pt of §1, §2; ree L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-5 Legal rate; computation.

§468M-5 Legal rate; computation.
Except as otherwise permitted by existing written contract, any activity desk that directly or indirectly receives any interest on the payment due to the activity provider, shall remit the interest and the payment due to the activity provider; provided that if the interest and payment due are not remitted within thirty days from the date of invoice, interest on the unpaid balance of the interest and payment due shall accrue at the rate of one per cent per month from the due date. [L 1990, c 214, pt of §1, §2; ree L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-6 Injunctive relief; suits.

§468M-6 Injunctive relief; suits.
(a) Any activity provider may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred.
(b) Any activity providers association may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred. The relief available to an activity providers association shall be limited to injunctive and declarative relief and shall not include a right to damages. As used in this section, "activity providers association" means a bona fide trade association of activity providers.
(c) The prevailing party, in a civil action brought under this chapter, shall be entitled to recover the costs of the suit, including reasonable attorney's fees. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-7 Action for damages.

§468M-7
Action for damages.
Any activity desk shall be liable to the activity provider for a violation of this chapter for any damages which result from a violation. Damages shall be awarded at the rate of no less than $1,000 for each violation. Violations shall be calculated as follows:
(1) For violations of section 468M-3(1), (2), or (3), by multiplying the number of days the violations occurred by the number of locations of an activity desk where the violations occurred;
(2) For violations of section 468M-3(4), by counting the number of days where the client trust account held funds insufficient to meet the requirements of section 468M-3(4); and
(3) Notwithstanding paragraphs (1) and (2), not more than $10,000 shall be awarded if the activity desk has not previously been required to pay damages to an activity provider pursuant to this section. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-8 Requirements for offering discounts.

§468M-8
Requirements for offering discounts.
When a discount offered for any activity is contingent upon any requirement that the recipient of the discount first attend a sales presentation of any kind, the activity desk shall disclose the requirement in writing to the recipient of the discount before any payment is made. Failure to do so shall constitute a false and deceptive business practice subject to a civil fine of not less than $1,000 per day for each occurrence. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-9 Client trust accounts; maintenance of and withdrawal from accounts.

§468M-9
Client trust accounts; maintenance of and withdrawal from accounts.
(a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by the activity desk in a trust account maintained in a federally insured financial institution located in Hawaii. All sums paid by any person to an activity desk for activities furnished by an activity provider shall be held in trust for the benefit of the person making the payment and the activity provider. The activity desk shall be considered the trustee of the funds paid into the client trust account, less any commission.
(b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the activity desk and the activity provider. The activity desk shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:
(1) In partial or full payment to the activity provider directly providing the services for excursion or activities; or
(2) To make refunds as required by this chapter.
(c) This section shall not prevent the withdrawal from the trust account of:
(1) The amount of the sales commission, up to a maximum of fifteen per cent;
(2) Any interest earned and credited to the trust account;
(3) Refunds; or
(4) Remaining funds of a consumer once the activity provider has been paid.
(d) At the time of registration, the activity desk shall file with the department the account number and the name of the financial institution at which the trust account is held or submit a bond or letter of credit as provided in section 468M-10. The activity desk shall notify the department of any change in the account number or location within one business day of the change. [L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2; am L 2010, c 150, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-9.5 Record keeping requirements for client trust accounts.

§468M-9.5 Record keeping requirements for client trust accounts.
(a) An activity desk shall maintain all books and records necessary to comply with this chapter and any rules adopted pursuant to this chapter and shall make all records relating to client trust accounts available for inspection and audit within three business days of a written request by the director. Nothing in this section shall prevent the director from inspecting or auditing the books and records of an activity desk as otherwise provided in this chapter or rules adopted by the director pursuant to chapter 91.
(b) An activity desk shall keep and maintain copies of all bank statements, deposit slips, canceled checks, drafts, and wire or electronic transaction documents relating to client trust accounts for a period of at least two years. [L 2010, c 150, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-11 Violations; fraud.

§468M-11
Violations; fraud.
Any violations by an activity desk of any law relating to client trust accounts or the bond or letter of credit pursuant to section 468M-10 shall constitute a prima facie showing of fraud on the part of the activity desk and may not be dischargeable as a debt to a consumer or an activity provider in any bankruptcy proceeding. [L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-12 Restitution.

§468M-12 Restitution.
Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-13 Injunctions.

§468M-13 Injunctions.
In any civil proceeding brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-14 Consumer right of action.

§468M-14 Consumer right of action.
Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suit, including reasonable attorney's fees. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-15 Remedies cumulative.

§468M-15 Remedies cumulative.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-16 Criminal penalties.

§468M-16 Criminal penalties.
A person commits the criminal offense of theft if the person, being an activity desk or an agent, employee, or independent contractor of an activity desk, knowingly or intentionally violates section 468M-9(a), (b) or (c) of this chapter. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-17 Rules.

§468M-17 Rules.
Subject to chapter 91, the director may adopt such rules as the director deems necessary for the effective administration and enforcement of this chapter. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2; am L 1999, c 18, §14]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-1 License.

§469-1 License.
The department of health may, upon payment to it of an examination fee, examine, or cause to be examined by not less than two practicing embalmers, undertakers, or funeral directors, any person over eighteen years of age, of good moral character, and with qualifications specified in one of the following categories:
(1) A minimum of five years practical experience under the supervision of a registered embalmer or undertaker in the State.
(2) A minimum of two years practical experience under the supervision of a registered embalmer or undertaker in the State and completion of a four-year high school course or equivalent educational training.
(3) Not less than one year of practical experience and graduation from a recognized school of embalming.
(4) Holder of a state license for embalming.
All examinations shall be conducted in writing and supplemented by practical demonstrations and shall be upon such subjects as the department may by rule prescribe. Every person who passes the examination shall be given a license as an embalmer. [L 1933, c 36, §1; RL 1935, §1450; am L 1943, c 57, pt of §1; RL 1945, §3051; RL 1955, §72-1; am L 1957, c 316, §8; am L 1959, c 111, §1; am L Sp 1959 2d, c 1, §19; HRS §469-1; am L 1972, c 2, §28; am L 1983, c 53, §1]
Cross References
Disposal of examination records, see §94-5.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-2 Rules.

§469-2 Rules.
The department of health may prescribe such rules as it deems reasonable and proper relating to the practice of embalming, to the business of an undertaker, or to the sanitary condition of places where such business or practice is conducted. The rules of the department may prescribe an original registration fee for the engaging by any person in the business of an undertaker and an annual renewal fee. [L 1937, c 174, §1; am L 1943, c 57, pt of §1; RL 1945, §3052; RL 1955, §72-2; am L 1957, c 316, §9; am L Sp 1959 2d, c 1, §19; HRS §469-2; am L 1983, c 53, §2]
Cross References
Rulemaking procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-3 Renewal of license.

§469-3 Renewal of license.
Each licensed embalmer or licensed undertaker or funeral director shall, between July 1 and 10 of each year, renew the embalmer's or undertaker's or funeral director's license by registering with the department of health and by paying a renewal fee. Every license that is not so renewed shall expire on August 1 and shall not be renewed except upon the payment of a delinquent fee. [L 1933, c 36, §2; RL 1935, §1451; RL 1945, §3053; RL 1955, §72-3; am L 1959, c 111, §2; am L Sp 1959 2d, c 1, §19; HRS §469-3; am L 1983, c 53, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-4 Registration of apprentices.

§469-4 Registration of apprentices.
Any person at least eighteen years of age, of good moral character, may qualify as an apprentice under a regularly licensed embalmer. The person shall register with the department of health, and, upon the payment of a fee, a certificate of apprenticeship shall be issued the person.
On or between July 1 and 10 of each year, the person shall renew the person's certificate of registration and pay a renewal fee. If the renewal fee is not paid within thirty days from the date due, a penalty fee for delinquency attaches and becomes a part of the total fee due the department of health for such renewal. The applicant shall also file an affidavit of three citizens who have known the applicant during the past two years, certifying to the applicant's moral character. [L 1933, c 36, §3; RL 1935, §1452; am L 1943, c 57, pt of §1; RL 1945, §3054; RL 1955, §72-4; am L 1957, c 316, §10; am L Sp 1959 2d, c 1, §19; HRS §469-4; am L 1983, c 53, §4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-5 Disposition of fees.

§469-5 Disposition of fees.
All fees collected by the board shall be deposited by the department of health with the director of finance to the credit of the general fund. [L 1933, c 36, §4; RL 1935, §1453; RL 1945, §3055; RL 1955, §72-5; am L Sp 1959 2d, c 1, § §14, 19; am L 1961, c 184, §16; am L 1963, c 114, §1; HRS §469-5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-6 Revocation of license.

§469-6 Revocation of license.
A license may be revoked by the department of health upon proof to its satisfaction of violation of any rule or regulation of the department in any respect in regard thereto. Every person so charged shall be given notice and opportunity for hearing in conformity with chapter 91. [L 1933, c 36, §5; RL 1935, §1454; RL 1945, §3056; RL 1955, §72-6; am L 1965, c 96, §53; HRS §469-6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-7 Powers of department to subpoena witnesses, etc.

§469-7 Powers of department to subpoena witnesses, etc.
The department of health may subpoena and examine witnesses under oath upon all such charges as may be preferred before it, and the circuit court of the circuit in which the hearing is held shall enforce by proper proceedings the attendance and testimony of witnesses so subpoenaed. [L 1933, c 36, §6; RL 1935, §1455; RL 1945, §3057; RL 1955, §72-7; am L Sp 1959 2d, c 1, §19; HRS §469-7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 469. Undertakers, Embalmers, Funeral Directors › 469-8 Penalty.

§469-8 Penalty.
Any person who practices as an embalmer or undertaker without being registered with the department of health as herein provided shall be fined not less than $50 nor more than $250 or imprisoned not less than thirty days nor more than ninety days, or both. [L 1933, c 36, §7; RL 1935, §1456; RL 1945, §3058; RL 1955, §72-8; am L Sp 1959 2d, c 1, §19; HRS §469-8]
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 › 471. Veterinary Medicine › 471-2 License required.

§471-2 License required.
No person shall engage in the practice of veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "Dr." or affix any other letters to the person's name with the intent thereby to imply that the person is a practitioner of veterinary medicine, without having a valid unrevoked license obtained from the Hawaii board of veterinary medicine; provided that nothing in this chapter prevents or prohibits the following:
(1) Any person from gratuitously treating animals in case of emergency;
(2) The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner;
(3) Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;
(4) Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;
(5) Any person licensed to engage in the practice of veterinary medicine in any jurisdiction, from practicing in the State when in consultation with veterinarians of this State; provided that the veterinarian receiving consultation shall maintain the veterinarian-client-patient relationship;
(6) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry;
(7) Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by temporary permit; provided the applicant applies for and takes the examination scheduled by the board. The temporary permit shall not be renewed;
(8) An individual licensed to engage in the practice of veterinary medicine in another jurisdiction from practicing in the State under a sponsor and indirect supervision of a veterinarian as part of an emergency response or enforcement action pursuant to chapter 711; provided that the sponsor shall file notification with the board regarding the arrival of the sponsored individual; provided further that the sponsored individual shall serve in an emergency capacity for no longer than twenty-one consecutive days; or
(9) Any person who has obtained a courtesy permit or relief permit pursuant to sections 471-9.5 and 471-9.6 from practicing in the State. [L 1949, c 280, pt of §1; RL 1955, §73-2; HRS §471-2; am L 1984, c 44, §1; am L 1987, c 63, §2; am L 2018, c 203, §8; am L 2022, c 71, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-2.5 Veterinary telemedicine.

§471-2.5 Veterinary telemedicine.
(a) A veterinarian shall only practice veterinary telemedicine within the context of the veterinarian-client-patient relationship between medically necessary examinations of an animal patient or medically appropriate and timely visits to the premises where the animal patient is kept.
(b) Only a veterinarian licensed in the State shall provide veterinary telemedicine to an animal patient located in the State.
(c) When practicing veterinary telemedicine, a veterinarian shall:
(1) Conduct all necessary animal patient evaluations consistently with currently acceptable standards of care;
(2) Take appropriate precautions to safeguard the confidentiality of a client's or animal patient's records;
(3) Ensure that the client is aware of the veterinarian's identity, location, license number, and licensure status; and
(4) Maintain appropriate medical records with sufficient information for continued care that are readily available upon request by the client.
(d) Prescribing medications via veterinary telemedicine shall require a veterinarian-client-patient relationship and shall be at the professional discretion of the veterinarian. The indication, appropriateness, and safety considerations for each prescription issued in association with veterinary telemedicine services shall be evaluated by the veterinarian in accordance with all jurisdictional and federal laws and standards of care.
(e) A veterinarian may provide veterinary teleadvice or veterinary teletriage without the prior establishment of a veterinarian-client-patient relationship. An expert with a poison control agency who is not a veterinarian may provide veterinary teletriage.
(f) A veterinarian may provide veterinary telesupervision for tasks that do not require direct supervision as specified by rules adopted by the board.
(g) Veterinary telemedicine shall constitute the practice of veterinary medicine in the State when the individual practicing veterinary telemedicine or the animal patient are in the State. The board shall have jurisdiction over an individual practicing veterinary telemedicine within the State regardless of where the veterinarian's physical offices are located.
(h) Nothing in this section shall be construed to alter federal or state requirements and standards for the issuance of Certificates of Veterinary Inspection or health certificates. [L 2022, c 71, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-3 Hawaii board of veterinary medicine; appointment and removal; qualifications.

§471-3 Hawaii board of veterinary medicine; appointment and removal; qualifications.
A Hawaii board of veterinary medicine, consisting of seven members, four of whom shall be residents of the city and county of Honolulu and three of whom shall be residents of counties other than the city and county of Honolulu, shall be appointed, and may be removed, by the governor.
Five of the members of the board shall be veterinarians who have been licensed to practice for at least five years and shall be actively engaged in the practice of veterinary medicine or, if not active at the time of appointment, shall have been previously so engaged for ten years and two shall be public members. [L 1949, c 280, pt of §1; RL 1955, §73-3; am L Sp 1959 2d, c 1, §5; HRS §471-3; am L 1978, c 208, §15; am L 1992, c 202, §174; am L 1993, c 322, §17; am L 2018, c 203, § §8, 9]
Cross References
Departmental administration, see § §26-9 and 26-35.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-7 Power to investigate.

§471-7 Power to investigate.
The Hawaii board of veterinary medicine or any member thereof, or any person designated by the board for the purpose, may investigate any violation or suspected violation of this chapter. Each member of the board may administer oaths in connection with any such investigation. [L 1949, c 280, pt of §1; RL 1955, §73-7; HRS §471-7; am L 2018, c 203, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-9 Licenses.

§471-9 Licenses.
(a) Except as otherwise provided in this chapter, the Hawaii board of veterinary medicine shall issue a license to engage in the practice of veterinary medicine to all persons meeting the requirements of this chapter upon payment of a license fee.
(b) All licenses issued by the board shall expire on June 30 of each even-numbered year next following the date of issuance. Failure to renew the license on or before June 30 of each even-numbered year shall automatically constitute a forfeiture of the license; provided that the license shall be restored upon the submission of a written application, a renewal fee, a penalty fee, and proof of completing the applicable continuing education credits to the board.
(c) Prior to the June 30, 2016, payment deadline for license renewal, and prior to every license renewal thereafter, a licensee shall:
(1) Pay all required fees; and
(2) Complete at least twenty credit hours of continuing education within the two-year period preceding the renewal date.
(d) A licensee who has graduated from an accredited veterinary school within one year of the licensee's first license renewal shall not be subject to the continuing education requirement for the first license renewal.
(e) Each licensee shall be responsible for maintaining the licensee's continuing education records. At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section. The board may require a licensee to submit, in addition to the certification, evidence satisfactory to the board that demonstrates compliance with the continuing education requirement of this section.
(f) The board may conduct random audits of licensees to determine compliance with the continuing education requirement. The board shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirement established by this section.
(g) Notwithstanding any other provision, no license shall expire while the licensee is serving on active duty in the armed forces of the United States during any emergency declared by the President or Congress and six months after the termination thereof. [L 1949, c 280, pt of §1; RL 1955, §73-9; am L 1961, c 142, §9(b); HRS §471-9; am L 1975, c 118, §34; am L 1984, c 7, §77; am L 2012, c 306, §3; am L 2018, c 203, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-9.5 Courtesy permit.

§471-9.5 Courtesy permit.
[Section effective July 1, 2024.]
(a) The board may issue a courtesy permit to an individual licensed to engage in the practice of veterinary medicine in another jurisdiction. A courtesy permit issued pursuant to this section shall be valid for a period of thirty days and may be renewed once in any twelve-month period; provided that any courtesy permit issued and renewed pursuant to this section shall not exceed sixty total days in any twelve-month period; provided further that a courtesy permittee's request for more than two courtesy permits within a two-year period shall constitute prima facie evidence that the courtesy permittee is engaged in the active practice of veterinary medicine in the State and a license issued under section 471-9 shall be required.
(b) Applicants for a courtesy permit shall:
(1) Hold a current, unencumbered, and active license to engage in the practice of veterinary medicine in another jurisdiction;
(2) Incidental to the person's practice in another jurisdiction, desire to engage in the practice of veterinary medicine in the State on a temporary, not permanent or recurring, basis; and
(3) Have a sponsor.
(c) A courtesy permittee shall:
(1) Consent to the personal and subject matter jurisdiction and disciplinary authority of the board;
(2) Practice under the level of direct or indirect supervision determined by the sponsor;
(3) Not practice independently of the sponsor within the State;
(4) Comply with this chapter and rules adopted by the board;
(5) Cease to offer or render veterinary services in the State as an individual and on behalf of the sponsor if:
(A) The courtesy permittee's license or practice in the other jurisdiction is no longer current and active; or
(B) The courtesy permittee's license or practice has been limited or conditioned in any jurisdiction, including the courtesy permittee's principal place of business;
(6) Notify the board within fifteen days if:
(A) Any disciplinary action or board proceeding relating to the courtesy permittee's license is commenced in any jurisdiction; or
(B) The courtesy permittee is convicted of any criminal offense in any jurisdiction or foreign country; and
(7) Pay all costs associated with any jurisdiction's investigation, enforcement, and collection efforts pertaining to the courtesy permit issued pursuant to this section, as may be ordered by the board.
(d) In no case shall an individual be issued a courtesy permit and a relief permit in the same twelve-month period. [L 2022, c 71, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-9.6 Relief permit.

§471-9.6 Relief permit.
[Section effective July 1, 2024.]
(a) The board may issue a relief permit to an individual licensed to engage in the practice of veterinary medicine in another jurisdiction to conduct the practice of a veterinarian who is absent from the veterinarian's practice. A relief permit issued pursuant to this section shall be valid for a period of thirty days and may be renewed once in any twelve-month period; provided that any relief permit issued and renewed pursuant to this section shall not exceed sixty total days in any twelve-month period. A relief permit may be renewed in a subsequent twelve-month period. More than two requests for relief permits within a two-year period shall be prima facie evidence that the relief permittee is engaged in the active practice of veterinary medicine in the State and a license issued under section 471-9 shall be required.
(b) Applicants for a relief permit shall:
(1) Hold a current, unencumbered, and active license to engage in the practice of veterinary medicine in another jurisdiction;
(2) Incidental to the person's practice in another jurisdiction, desire to engage in the practice of veterinary medicine in the State on a temporary, not permanent or recurring, basis; and
(3) Have a sponsor; provided that the sponsor shall not be required to be physically present on the same island.
(c) A relief permittee shall:
(1) Consent to the personal and subject matter jurisdiction and disciplinary authority of the board;
(2) Not practice independently of the sponsor within the State;
(3) Comply with this chapter and rules adopted by the board;
(4) Cease to offer or render veterinary services in the State as an individual and on behalf of the sponsor if:
(A) The relief permittee's license or practice from the other jurisdiction is no longer current and active; or
(B) The relief permittee's license or practice has been limited or conditioned in any jurisdiction, including the relief permittee's principal place of business;
(5) Notify the board within fifteen days if:
(A) Any disciplinary action or board proceeding relating to the relief permittee's license is commenced in any jurisdiction; or
(B) The relief permittee is convicted of any criminal offense in any jurisdiction or foreign country; and
(6) Pay all costs associated with any jurisdiction's investigation, enforcement, and collection efforts pertaining to the relief permit issued pursuant to this section, as may be ordered by the board.
(d) In no case shall an individual be issued a relief permit and a courtesy permit in the same twelve-month period. [L 2022, c 71, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-9.7 Sponsors; responsibilities.

§471-9.7 Sponsors; responsibilities.
For the purposes of this chapter and rules adopted by the board, a sponsor shall be responsible for:
(1) Determining the level of supervision required for the sponsored individual;
(2) The veterinary care given to the animal patient by the sponsored individual;
(3) Ensuring that the board has been notified in writing; and
(4) Confirming that the sponsored individual has obtained the appropriate courtesy permit or relief permit from the board. [L 2022, c 71, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-9.8 Permit surcharge; fees.

§471-9.8 Permit surcharge; fees.
(a) There shall be imposed on every courtesy permit and relief permit issued by the board pursuant to sections 471-9.5 and 471-9.6 a $100 surcharge that shall be deposited into the compliance resolution fund established under section 26-9(o) to defray the costs incurred by the department in administering those permits.
(b) Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director of commerce and consumer affairs shall establish examination, reexamination, license, renewal, restoration, enforcement, and other fees relating to the administration of this chapter by rule. [L 2022, c 71, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-10 Refusal to grant and revocation or suspension of license.

§471-10 Refusal to grant and revocation or suspension of license.
(a) In addition to any other actions authorized by law, the board may refuse to grant, renew, reinstate or restore a license for any cause which would be ground for revocation of a license under the law.
(b) In addition to any other actions authorized by law, the board may revoke or suspend the license of any veterinarian, fine a licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Professional misconduct, gross negligence, or manifest incapacity;
(2) Violation of this chapter or the rules adopted pursuant thereto or any other law which applies to the licensee as a practicing veterinarian;
(3) Making any false representations or promises through advertising or otherwise;
(4) Habitual intemperance in the use of alcoholic beverages or addiction to the use of narcotic or dangerous substances;
(5) Mental incompetence;
(6) Any fraudulent, dishonest, or deceitful act in connection with the practice of veterinary medicine;
(7) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(8) Revocation, suspension, or other disciplinary action by another state of a license or certificate for reasons as provided in this section;
(9) Conviction of or plea of nolo contendere to a penal offense substantially related to the qualifications, functions, or duties of a veterinarian, notwithstanding any statutory provision to the contrary;
(10) Violation of chapter 329, the uniform controlled substances act, or any rule adopted pursuant thereto;
(11) Failure to report any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final; or
(12) Conduct or practice contrary to the recognized principles of medical ethics of the veterinary profession as adopted by the Hawaii Veterinary Medical Association and the American Veterinary Medical Association. [L 1949, c 280, pt of §1; RL 1955, §73-10; HRS §471-10; am L 1973, c 121, §1; am L 1974, c 205, §2(30); gen ch 1985; am L 1986, c 153, §3; am L 1992, c 202, §175; am L 2010, c 13, §1; am L 2012, c 306, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-11 Hearings.

§471-11 Hearings.
In every case where it is proposed to refuse to grant, renew, reinstate, or restore a license or to revoke or suspend the exercise of a license for any of the causes enumerated in section 471-10, the person concerned shall be given notice and opportunity for hearing in conformity with chapter 91.
In all proceedings before it, the Hawaii board of veterinary medicine and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the board, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, any circuit judge, on application by the board, or any member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein. [L 1949, c 280, pt of §1; RL 1955, §73-11; am L 1965, c 96, §54; HRS §471-11; am L 1973, c 31, pt of §21; gen ch 1985; am L 1992, c 202, §176; am L 2018, c 203, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-13 Violations; penalties.

§471-13 Violations; penalties.
Any person who violates or fails to comply with any provision of this chapter shall be fined not more than $5,000 for each violation. Each day that the person is in violation of section 471-2 shall be a separate violation for the purposes of this section. [L 1949, c 280, pt of §1; RL 1955, §73-13; HRS §471-13; am L 1986, c 153, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-14 Rules and regulations.

§471-14 Rules and regulations.
The Hawaii board of veterinary medicine may, in the manner prescribed in chapter 91, adopt, amend, or repeal such rules and regulations as it deems proper to effectuate this chapter and to carry out the purpose thereof, which purpose is hereby stated to be the protection of the general public. [L 1965, c 74, §1; Supp, §73-14; HRS §471-14; am L 2018, c 203, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-15 Criminal penalties.

§471-15 Criminal penalties.
Any person convicted of violating section 471-2 shall have committed a misdemeanor and be subject to a fine not to exceed $500 or imprisoned not more than six months, or both.
Additionally, all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for disposition as it may choose to make. [L 1986, c 153, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-16 Cumulative penalties.

§471-16 Cumulative penalties.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 153, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-17 Exception to liability; emergency care; veterinarian-client-patient relationship.

§471-17
Exception to liability; emergency care; veterinarian-client-patient relationship.
(a) Any veterinarian duly licensed under this chapter who, in good faith, without remuneration or expectation of remuneration, renders emergency care to a sick or injured animal at large shall not be liable to the owner of that animal for any civil damages resulting from the veterinarian's acts or omissions, except for damages as may result from the veterinarian's gross negligence or wanton acts or omissions.
(b) A veterinarian duly licensed under this chapter may, in good faith, render necessary and prompt care and treatment to an animal patient without establishing a veterinarian-client-patient relationship if conditions do not allow the establishment of the relationship in a timely manner. A veterinarian who renders emergency treatment shall not be liable to the owner of the animal for any civil damages resulting from the veterinarian's acts or omissions, except for damages as may result from the veterinarian's gross negligence or wanton acts or omissions.
(c) A veterinarian acting under this section shall make an appropriate record including the basis for proceeding under this section. [L 2021, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 471. Veterinary Medicine › 471-18 Reporting; duty; dogfighting; animal cruelty; immunity from civil liability.

§471-18
Reporting; duty; dogfighting; animal cruelty; immunity from civil liability.
(a) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe that an animal has been injured or killed through participation in a staged animal fight, as prescribed in section 711-1109.3 or 711-1109.35, it shall be the duty of the veterinarian to promptly report the event to the appropriate law enforcement authorities of the county where the event occurred.
(b) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe an animal under the veterinarian's care has been a victim of animal cruelty, as prescribed in section 711-1108.5 or 711-1109, it shall be the duty of the veterinarian to promptly report the event to the appropriate law enforcement authorities of the county where the event occurred.
(c) No veterinarian duly licensed under this chapter shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35. [L 2021, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-1 Definitions.

§474-1 Definitions.
For purposes of this chapter, unless the context clearly requires otherwise:
"Applicant" means any person acting on the person's own behalf or who is authorized to act on behalf of any other person for the purpose of securing required permits to engage in business activities in the State.
"Center" means the business action center established in section 474-2.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Permit" means any license, certificate, registration, or any other form of authorization required by a federal, state, or county department or agency to engage in any business activity, excluding vocational and professional occupational licenses, certificates, or registration and environmental permits.
"Person" means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to obtain one or more permits for the conduct of its business activities.
"State agency" means any department, board, bureau, commission, division, office, council, or agency of the State, a public benefit corporation, or public authority having at least one member appointed by the governor. [L 2005, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-2 Business action center established; staff.

§474-2 Business action center established; staff.
(a) There is established within the department a business action center that shall provide information and services to coordinate, simplify, and expedite permit application processing for persons engaged in or intending to engage in business activities in the State. The center shall assist in the development of neighbor island operations that deliver similar services. The center shall also serve as an information clearinghouse that makes available to any person general information about state and federal laws and rules, county ordinances and rules, and financial assistance programs related to business activities.
(b) The center shall be headed by a supervisor who shall be appointed by the director without regard to chapter 76 and shall serve at the director's pleasure. The director may employ such other personnel as are required to carry out the functions of the center under this chapter. [L 2005, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-3 General functions; powers and duties.

§474-3 General functions; powers and duties.
The center shall have the following functions, powers, and duties:
(1) Accept permit and license applications and associated fees on behalf of participating agencies in accordance with agreements reached with these agencies;
(2) Provide comprehensive information on permits and licenses required for business activities in the State;
(3) Facilitate contacts between the applicant and state agencies with permit and license functions;
(4) Research, compile, and maintain a file of state and federal laws and rules and county ordinances and rules applicable to the various business activities for which permits and licenses are required, including but not limited to laws relating to employer requirements in such areas as state taxes, workers' compensation, and unemployment insurance;
(5) Research, compile, and maintain a file of various financial assistance programs available for business activities in the State;
(6) Encourage and facilitate the cooperation and participation of federal and county government agencies in permit and license coordination;
(7) Promote and publicize the center's services to the public, and provide information on its services for inclusion in any public informational material for permits and licenses provided by a state agency;
(8) Make recommendations to state agencies for eliminating, consolidating, simplifying, expediting, or otherwise improving permit and license procedures affecting business activities;
(9) Adopt rules, procedures, instructions, and forms as are necessary to carry out the functions, powers, and duties of the center; and
(10) Accept credit card payments and facsimile or digitized signatures for business permit, license, or registration filing fees, as authorized by the issuing agency. [L 2005, c 62, pt of §2]