reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-4 Board of public accountancy.

§466-4 Board of public accountancy.
(a) There shall be a board of public accountancy to be known as the state board of public accountancy, which shall consist of nine members. All members of the board shall be citizens of the United States and residents of this State. Seven members thereof shall hold current licenses issued under this chapter, of which six of the seven members shall hold current permits to practice public accountancy and be in active practice; and two shall be public members.
(b) The governor shall remove or suspend any member of the board for cause, in accordance with section 26-34, including any member thereof:
(1) Who ceases to engage in active practice as a certified public accountant or as a public accountant, as the case may be; or
(2) Whose license of certified public accountant or of public accountant, as the case may be, or whose permit to practice public accountancy:
(A) Has been canceled, revoked, or suspended;
(B) Has expired without renewal; or
(C) Has otherwise become invalid.
(c) The director shall employ clerks, proctors, examiners, and other personnel under chapter 76 to assist the board in the performance of its duties.
(d) In addition to any other powers and duties authorized by law, the board, in accordance with chapter 91 shall:
(1) Initiate investigations and hearings, either upon complaint or on its own motion on any matter involving the conduct of certified public accountants, public accountants, or firms, or the violation of any of the provisions of this chapter or the rules of the board;
(2) Adopt, amend, and repeal rules governing the administration and enforcement of this chapter and the conduct of the licensees, as it deems appropriate to establish and maintain high standards of competence and integrity in the practice of public accountancy;
(3) Grant, deny, suspend, or revoke licenses that are authorized by this chapter and impose such conditions as may be necessary in connection with the granting, denial, suspension, or revocation of licenses;
(4) Prescribe the proof to be furnished for the issuance of a duplicate license in place of one alleged to have been lost or destroyed, including a requirement for any indemnity deemed appropriate to the case; and
(5) Grant, renew, forfeit and restore permits to practice that are authorized by this chapter and impose such conditions as may be necessary in connection with the granting, renewal, forfeiture and restoration of permits. [L 1973, c 158, pt of §2; am L 1978, c 208, §13; am L 1983, c 6, §1; gen ch 1985; am L 1989, c 110, §5; am L 1992, c 202, §163 and c 204, §1; am L 1993, c 51, §1; am L 1997, c 86, §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-5.5 Educational requirements for licensure effective December 31, 2000.

§466-5.5 Educational requirements for licensure effective December 31, 2000.
Effective December 31, 2000, an applicant for licensure shall have at least one-hundred-fifty semester hours of college education. Within the one-hundred-fifty semester hours, the applicant shall have:
(1) A baccalaureate or higher degree conferred by a college or university acceptable to the board; and
(2) An accounting concentration or its equivalent as specified in the rules of the board;
except that applicants for licensure who have successfully completed the Uniform Certified Public Accountant Examination before December 31, 2000, or held conditional credit before December 31, 2000, and subsequently completed the examination before the conditional credit expired, may continue to meet the educational requirements of section 466-5(b). [L 1997, c 35, §1; am L 2002, c 135, §1]
Revision Note
Subsection designation deleted pursuant to §23G-15(1).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-6 License of public accountant.

§466-6 License of public accountant.
(a) A license and a permit are required to actively practice public accountancy. A person:
(1) Who has attained eighteen years of age;
(2) Who possesses a history of competence, trustworthiness, and fair dealing;
(3) Who was serving in the armed forces of the United States on June 15, 1955;
(4) Who was a resident of the Territory of Hawaii at the time of entering such service in the armed forces; and
(5) Who at the time of entering such service, met the requirements set forth in subparagraph (A), (B) or (C) of this subsection, shall, upon application to the board within six months after honorable discharge or release from such service, be licensed by the board as a "public accountant":
(A) Any person who held oneself out to the public as being engaged in the practice of public accountancy and who was engaged in the practice of public accountancy as the person's principal occupation, either on the person's own account or as a member of a firm, or as an employee of a certified public accountant, or public accountant, and was regularly assigned to accountancy engagements;
(B) Any person who was engaged in accounting or auditing work in the Territory of Hawaii as an employee of the United States, of the Territory, or of any county, in a position in grade GS-9 under the territorial classification schedule in effect on March 1, 1955, or the equivalent or higher grade; or
(C) Any person who was engaged in private accounting or auditing who has had not less than three years of experience in such work, or in public accounting, or both, and whose experience was of such a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to three years of public accounting experience.
(b) Licenses shall be effective for a period not exceeding two years and shall be renewable biennially on or before December 31 of every odd-numbered year upon application to the board.
(c) A person who, on January 1, 1974, holds a license of public accountant under the laws of this State theretofore existing, shall not be required to obtain an additional license under this chapter, but shall otherwise be subject to all the provisions of this chapter; and such previous license shall, for all purposes, be considered a license under this chapter and subject to the provisions herein. [L 1973, c 158, pt of §2; am L 1975, c 118, §30(2); gen ch 1985; am L 1989, c 110, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-7 Permits to practice.

§466-7 Permits to practice.
(a) A license and permit are required to actively engage in the practice of public accountancy. The board may grant or renew a permit to actively engage in the practice of public accountancy. Permits shall be initially issued and renewed for periods of two years but in any event shall expire on December 31 of every odd-numbered year. The board shall prescribe the methods and requirements for application.
(b) An applicant for the initial issuance or renewal of a permit shall have:
(1) A valid license;
(2) Completed continuing professional education hours, the content of which shall be specified by the board which may provide for special consideration by the board to applicants for permit renewal when, in the judgment of the board, full compliance with all requirements of continuing education cannot reasonably be met;
(3) Completed an application;
(4) Paid appropriate fees and assessments; and
(5) In the case of a renewal, undergone and provided proof of having undergone the peer review process pursuant to part II.
(c) The board may grant a temporary permit to actively engage in the practice of public accountancy to any person who:
(1) Has attained eighteen years of age;
(2) Possesses a history of competence, trustworthiness, and fair dealing;
(3) Holds a valid license of certified public accountant or of public accountant issued under the laws of another state, or who holds a valid comparable certificate, registration, or license or degree from a foreign country determined by the board to be a recognized qualification for the practice of public accountancy in such other country;
(4) Incidental to the person's practice in such other state or country, desires to practice public accountancy in this State on a temporary basis; and
(5) Has completed an application.
Such permit shall be effective for a period not exceeding three months, and shall specify the nature and extent of the practice so permitted.
(d) All firms shall obtain a permit to practice. The board may issue or renew a permit to actively engage in the practice of public accountancy to any firm which submits a completed application and demonstrates qualifications as prescribed by the board.
(e) Failure to submit the required fees, continuing education hours, or other requirements for renewal as specified in this section by December 31 of every odd-numbered year, shall constitute forfeiture of the permit. Continued performance in the practice of public accountancy without a permit shall constitute unlicensed activity and the individual or firm shall be subject to sections 466-9, 466-11, 487-13, and 26-9.
(f) The board may restore forfeited permits to the individual or firm which satisfies the following:
(1) The requirements of subsection (a), (b), (c), or (d) of this section; and
(2) Payment of required fees. [L 1973, c 158, pt of §2; am L 1975, c 118, §30(3); am L 1980, c 53, §2; gen ch 1985; am L 1989, c 110, §8; am L 2009, c 172, § §2, 9; am L 2010, c 66, §3; am L 2012, c 324, §3(1)]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-8 Fees.

§466-8 Fees.
(a) An application for admission to the examination described in section 466-5(e) shall be accompanied by the application and examination fees. The board may prescribe by rule the terms and conditions upon which an applicant who is unable to attend the examination may receive a credit in the amount of the fee paid toward a subsequent examination.
(b) An application for the issuance of a license of certified public accountant under section 466-5(a) or a license of public accountant under section 466-6(a) shall be accompanied by a license fee.
(c) An applicant for the renewal of a current license of certified public accountant under section 466-5 or for the renewal of a license of public accountant under section 466-6 shall pay a fee biennially in each odd-numbered year on or before December 31. An applicant for the restoration of a forfeited license of certified public accountant or public accountant shall submit with the application for restoration of the forfeited license the renewal fee, a penalty fee equal to the amount of the renewal fee, and a recordkeeping fee for each biennium the license was on forfeited status.
(d) An application for the issuance of a biennial permit to practice for an individual or firm under section 466-7(a) and (d) shall be accompanied by the application and permit to practice fees.
(e) An application for the issuance of a temporary permit to practice under section 466-7(c) shall be accompanied by the application and temporary permit to practice fees.
(f) Any person requesting the board to proctor the certified public accountant examination for another state shall pay a proctoring fee.
(g) All fees shall be established and adopted by the director in accordance with chapter 91 and shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). [L 1973, c 158, pt of §2; am L 1975, c 118, §30(4); am L 1983, c 6, §2; am L 1984, c 7, §74; am L 1989, c 110, §9; am L 1992, c 202, §164; am L 1997, c 35, §3 and c 227, §1; am L 2009, c 172, § §3, 9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-11 Injunctions against prohibited acts.

§466-11 Injunctions against prohibited acts.
(a) Whenever, as a result of an investigation under section 466-13 or otherwise, the board has reason to believe that any person or firm has engaged, or is about to engage, in any act, or acts, or practices that constitute or will constitute a violation of section 466-10, the board may certify the facts underlying the belief to the attorney general of this State, who shall make application to the appropriate court for an order enjoining the act, or acts, or practices, and, upon a showing by the board that the person or firm has engaged, or is about to engage, in any act, or acts, or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court without bond.
(b) A violation of section 466-10 is a misdemeanor. Whenever the board has reason to believe that any person is liable to punishment under this section it may certify the facts underlying the belief to the county attorney or prosecuting attorney of the county in which the violation occurred who shall cause appropriate proceedings to be brought.
(c) Any person or firm who violates this chapter may be fined not more than $5,000 for each violation.
(d) The display or uttering by a person or firm of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a person's or firm's name in conjunction with the words "certified public accountant" or any abbreviation thereof, of the words "public accountant" or any abbreviation thereof, shall be prima facie evidence in any action brought under subsection (a) or (b) of this section that the person or firm whose name is so displayed, caused or procured the display or uttering of the card, sign, advertisement, or other printed, engraved, or written instrument or device and that the person or firm is holding itself out to be a certified public accountant or public accountant holding a current permit to practice issued under section 466-7.
(e) 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 1973, c 158, pt of §2; am L 1975, c 24, §10; gen ch 1985; am L 1986, c 211, §9; am L 1989, c 110, §12; am L 2014, c 58, §2]
Note
Section 466-13 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-11.5 Single act evidence of practice.

§466-11.5 Single act evidence of practice.
In any action brought under this chapter, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct. [L 1989, c 110, pt of §2; am L 1990, c 34, §31]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-12 Ownership of accountant's working papers.

§466-12 Ownership of accountant's working papers.
All statements, records, schedules, working papers, and memoranda made by the licensee, partner, shareholder, officer, director, or employee incidental to, or in the course of rendering services to a client in the practice of public accountancy, except reports submitted by the licensee to the client and except for records that are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or stockholders of the licensee, or any combined or merged firm or successor in interest to the licensee or operation of law. [L 1973, c 158, pt of §2; gen ch 1985; am L 1989, c 110, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-15 Advisory committees.

§466-15 Advisory committees.
(a) The director may establish advisory committees, the members of which shall serve as consultants to the board in their review of certified public accountants and public accountants referred for possible disciplinary action, and as experts to the department for investigation. The advisory committee shall be appointed by the director from a list of certified public accountants and public accountants submitted annually by the board.
(b) Each member of the committee shall serve until a new committee is established, or until the particular case for which the member was designated a consultant or expert has been concluded.
(c) The members of the advisory committee shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(d) No member of the advisory committee shall bear any civil liability for any act done in furtherance of the purpose for which the advisory committee was established. [L 1989, c 110, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-17 Construction; severability.

§466-17 Construction; severability.
If any provision of this chapter or the application thereof to any person or entity or in any circumstance is held invalid, the remainder of the chapter and the application of such provision to others or in other circumstances shall not be affected thereby. [L 1989, c 110, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-31 Definitions.

§466-31 Definitions.
As used in this part, unless the context clearly indicates otherwise:
"Rating" means the type of report issued following a peer review. Rating shall be "pass", "pass with deficiency", or "fail".
"Sponsoring organization" means a third-party entity that meets the standards specified by this part for administering a peer review. [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-32 Establishment of peer review process; confidentiality.

§466-32 Establishment of peer review process; confidentiality.
(a) There is established a peer review process to review the attest work of firms. The peer review process shall be for educational or remedial and not punitive purposes.
(b) The peer review process shall keep confidential the identity of any person or firm for whom attest work has been performed by the firm under review.
(c) Neither the proceedings nor the records of any peer review process shall be subject to discovery. No person involved in the peer review process shall be required to testify on that process; provided that statements made by any person in connection with the peer review process who is a party to an action or proceeding, the subject matter of which was reviewed in that process, shall be subject to discovery.
(d) This part shall not be construed to require any firm to become a member of any sponsoring organization. [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-33 Standards for peer reviews and sponsoring organizations.

§466-33 Standards for peer reviews and sponsoring organizations.
(a) Except as otherwise provided by section 466-36, the board shall adopt the Standards for Performing and Reporting on Peer Reviews and any applicable ethical requirements adopted by the American Institute of Certified Public Accountants and the public company accounting oversight board firm inspection standards for public company audit firms required under the Sarbanes-Oxley Act of 2002, as amended, as its minimum standards for peer reviews.
(b) Subject to sections 466-40 and 466-41, qualified sponsoring organizations shall be the American Institute of Certified Public Accountants peer review program, the Hawaii Society of Certified Public Accountants peer review program, state certified public accountant societies fully involved in the administration of the American Institute of Certified Public Accountants peer review program, the public company accounting oversight board, the board, and other entities that are approved by the board. [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-35 Peer review compliance reporting form.

§466-35 Peer review compliance reporting form.
(a) Upon the completion of a peer review, each reviewed firm shall submit a peer review compliance reporting form to the board pursuant to section 466-38. The peer review compliance reporting form shall include the following:
(1) The name of the firm conducting the peer review;
(2) The name of the approved sponsoring organization;
(3) Except for public company accounting oversight board inspections, the name of the team captain or peer reviewer or reviewers, who shall not be affiliated with the firm being reviewed;
(4) The rating issued to the firm as a result of the review, which shall be clearly indicated in the review report;
(5) The date of completion of the peer review; and
(6) A representation that the peer review or the inspection by the public company accounting oversight board firm inspection program includes the firm's Hawaii attest engagements within the scope of the review or the inspection.
(b) A firm shall include, with the peer review compliance reporting form, the contemporaneous Hawaii supplement to the peer review report pursuant to section 466-36, if:
(1) A peer review report from an approved sponsoring organization does not include the selection of a Hawaii office or Hawaii attest engagement;
(2) The peer reviewer does not hold permits to practice public accountancy under section 466-7 or is not licensed to practice public accountancy in any other state, except inspectors for the public company accounting oversight board; or
(3) The final report resulting from any inspection by the public company accounting oversight board firm inspection program does not include the firm's Hawaii offices, if any, and Hawaii attest engagements in the scope of the inspection, and the firm is not required to enroll in another peer review program under section 466-34. [L 2012, c 324, pt of §1; am L 2016, c 145, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-36 Hawaii supplement to the peer review report.

§466-36 Hawaii supplement to the peer review report.
(a) A firm required to undergo a peer review under this chapter shall engage the services of a practitioner or firm holding a permit issued under section 466-7 to perform the following procedures to supplement the peer review report:
(1) Obtain from the reviewed firm a list of Hawaii attest engagements included in the scope of the peer review, in accordance with the American Institute of Certified Public Accountants Standards for Performing and Reporting on Peer Reviews;
(2) Select one or more engagements from the list of engagements obtained from the reviewed firm;
(3) Obtain from the reviewed firm, the reports, financial statements, work papers, and work product resulting from the attest engagements selected;
(4) Read and compare the reports, work papers, and work product to an appropriate disclosure checklist to evaluate the firm's compliance with professional standards; and
(5) Document all instances of noncompliance with professional standards detected while performing the procedures listed in this section.
(b) The procedures required by this section shall be performed in accordance with the Statements on Standards for Attestation Engagements adopted by the American Institute of Certified Public Accountants.
(c) The Hawaii supplement to the peer review report to the firm and to the board shall state, at a minimum, the following:
(1) Name of firm;
(2) Date the Hawaii supplement to the peer review report was completed;
(3) Period that was reviewed;
(4) Any Hawaii office or offices selected;
(5) Number and type of Hawaii engagements reviewed;
(6) Any limitations that may have been imposed upon the peer reviewer in complying with subsection (a), including the selection of Hawaii engagements and peer review standards by the peer reviewer; provided that the acceptability of the limitations shall be subject to board approval; and
(7) The procedures performed and any instances of noncompliance with professional standards found.
(d) The practitioner or firm selected to perform the procedures required by this section shall:
(1) Hold a permit to practice under section 466-7;
(2) Not be affiliated with the firm being reviewed; and
(3) Be recognized as a qualified peer reviewer by a sponsoring organization. [L 2012, c 324, pt of §1; am L 2016, c 145, §3; am L 2017, c 167, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-37 Retention of documents.

§466-37 Retention of documents.
(a) Each reviewer shall maintain all documentation necessary to establish that each review conforms to the review standards of the relevant review program, including the review working papers, copies of the review report, and any correspondence indicating the firm's concurrence and non-concurrence, along with any proposed remedial actions and any related implementation.
(b) The documents described in subsection (a) shall be retained by the reviewer for a period of time corresponding to the retention period of the sponsoring organization, and upon request of the board, shall be made available to the board; provided that the document shall be retained for at least one hundred twenty days after the date of completion of the review by the sponsoring organization. [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-38 Reporting to the board.

§466-38 Reporting to the board.
(a) A firm shall submit to the board:
(1) A copy of the peer review report and the final letter of acceptance from the sponsoring organization, if the report has a rating of "pass";
(2) A copy of the peer review report, the firm's letter of response, the corrective action letter, and the final letter of acceptance if the report has a rating of "pass with deficiency" or "fail"; or
(3) A copy of any report or Part I and any other public portion of the report resulting from any inspection by the public company accounting oversight board firm inspection program together with documentation of any significant deficiencies, findings, and the firm's response.
(b) For peer reviews scheduled after December 31, 2014, any report or document required to be submitted under subsection (a) shall be filed with the board as follows:
(1) Firms enrolled in the American Institute of Certified Public Accountants and Hawaii Society of Certified Public Accountants peer review programs and administered by the Hawaii Society of Certified Public Accountants, within thirty calendar days of receipt of the notice of completion from the Hawaii Society of Certified Public Accountants, shall complete the peer review compliance reporting form under section 466-35 and submit the form to the board along with the required documents;
(2) Firms otherwise enrolled in the American Institute of Certified Public Accountants peer review program, including those whose peer reviews are administered by the National Peer Review Committee, within thirty calendar days of receipt of the notice of completion from the sponsoring organization, shall complete the peer review compliance reporting form under section 466-35 and submit the form to the board along with the required documents;
(3) Firms enrolled in the public company accounting oversight board inspection program shall, within thirty calendar days of receipt of the issuance of the Part I report from the public company accounting oversight board, complete the peer review compliance reporting form required by section 466-35 and submit the form to the board along with the required documents; and
(4) Firms enrolled in any other peer review program approved by this part shall submit the report generated by that review process and all associated documentation to the board in a form acceptable to the board.
(c) Any report or document submitted to the board under this section, including the board's peer review compliance reporting form, shall be confidential. [L 2012, c 324, pt of §1; am L 2016, c 145, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-39 Appeals

§466-39 Appeals
. (a) A firm shall have thirty calendar days after the filing of the peer review compliance reporting form to appeal a "pass with deficiency" or a "fail" rating that may result in the denial, termination, or nonrenewal of a permit to practice.
(b) A firm may also appeal the findings or conclusions of any peer review process under this part that results in the denial, termination, or nonrenewal of a permit to practice.
(c) The appeal process under this section shall include the postponement of any adverse action during the pendency of the appeal. [L 2012, c 324, pt of §1; am L 2016, c 145, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-40 Procedures for sponsoring organization.

§466-40 Procedures for sponsoring organization.
(a) To qualify as a sponsoring organization, a third-party entity shall submit a peer review administration plan to the board for review and approval. The peer review administration plan shall:
(1) Establish a peer review report committee and any necessary subcommittees and provide professional staff as needed for the operation of the peer review program;
(2) Establish a program to communicate to firms participating in the peer review program the latest developments in peer review standards and the most common findings in the peer reviews conducted by the sponsoring organization;
(3) Establish procedures for resolving any disagreement that may arise out of the performance of a peer review;
(4) Establish procedures to resolve matters that may lead to the dismissal of a firm from the peer review program;
(5) Establish procedures to evaluate and document the performance of each peer reviewer, including procedures related to the disqualification of a reviewer who does not meet the American Institute of Certified Public Accountants standards;
(6) Require the maintenance of records of peer reviews conducted under the program in accordance with the records retention rules of the American Institute of Certified Public Accountants and this part; and
(7) Provide for periodic reports to the board on the results of the peer review program; provided that reports submitted to the board shall not contain information concerning specific firms or peer reviewers.
(b) A sponsoring organization:
(1) Shall be subject to review and oversight by the board;
(2) Shall not require firms or the firms' owners or employees to become members of the sponsoring organization to participate in a peer review; and
(3) Shall charge the same rate for peer review services to members and nonmembers.
(c) The public company accounting oversight board shall be exempt from the requirements of this section. [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-41 Oversight of sponsoring organizations

§466-41 Oversight of sponsoring organizations
. (a) The board shall retain oversight of sponsoring organizations through the peer review oversight committee described in section 466-42.
(b) The board shall periodically publish a list of sponsoring organizations that have been approved by the board. [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-43 Oversight of peer reviewers for a Hawaii supplemental peer review.

§466-43 Oversight of peer reviewers for a Hawaii supplemental peer review.
(a) A peer reviewer for a Hawaii supplement to the peer review report under section 466-36 shall be a person who:
(1) Holds a permit to practice public accountancy under section 466-7; and
(2) Is not affiliated with the firm being reviewed.
(b) The board shall retain oversight of the peer reviewers for a Hawaii supplement to the peer review report by monitoring the peer reviewers to ensure that the peer reviewers are in compliance with subsection (a) and that peer reviews are conducted in accordance with the standards established under section 466-36.
(c) Information concerning any peer reviewer that is obtained during the board's peer review oversight activities shall be confidential as required by section 466-32.
(d) The board shall annually assess the qualifications of all peer reviewers for a Hawaii supplement to the peer review report based on a random selection of each reviewer's published Hawaii supplement to the peer review reports and shall determine whether the published reports comply with subsection (b). The board may suspend a person from being a peer reviewer for a Hawaii supplement to the peer review report for a period not to exceed one year for failure to comply with subsection (b).
(e) A peer reviewer suspended under subsection (d) may appeal the suspension to the board at a public hearing that shall be an action or proceeding subject to discovery under the provisions of section 466-32(c). [L 2012, c 324, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-1 Definitions.

§466D-1 Definitions.
For the purposes of this chapter:
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Licensed respiratory therapist" means a person:
(1) Who engages in the practice of respiratory care and uses the title of licensed respiratory therapist;
(2) Who has been issued a license under this chapter; and
(3) Whose license is in effect and not revoked, suspended, or encumbered.
"Practice of respiratory care" means providing assessment, therapy, management, rehabilitation, support services for diagnostic evaluation, education, and care for patients with deficiencies and abnormalities that affect the pulmonary system, including:
(1) Respiratory care services, including the administration of pharmacological, diagnostic, and therapeutic care related to respiratory care procedures necessary for treatment, disease prevention, rehabilitative, or diagnostic regimens prescribed by a physician or an osteopathic physician licensed pursuant to chapter 453, a physician assistant licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457;
(2) Observation and monitoring of signs, symptoms, reactions, and physical responses to respiratory care treatment and diagnostic testing;
(3) Diagnostic or therapeutic use of:
(A) Medical gases, excluding general anesthesia;
(B) Aerosols, humidification, environmental control systems, or invasive and non-invasive modalities;
(C) Pharmacological care related to respiratory care procedures;
(D) Mechanical or physiological ventilatory support, including maintenance of natural airways and insertion and maintenance of artificial airways;
(E) Cardiopulmonary resuscitation; and
(F) Respiratory protocol and evaluation or diagnostic and testing techniques required for implementation of respiratory care protocols; and
(4) The transcription and implementation of the written, verbal, and telecommunicated orders of a licensed physician, licensed osteopathic physician, licensed physician assistant, or licensed advanced practice registered nurse, pertaining to the practice of respiratory care.
"Qualified direction" means ready access by a respiratory therapist to a licensed physician, licensed osteopathic physician, licensed physician assistant, or licensed advanced practice registered nurse, who has specialty training or experience in the management of acute and chronic respiratory disorders and who is responsible for the quality, safety, and appropriateness of the respiratory services provided by the respiratory therapist. [L 2010, c 178, pt of §2; am L 2023, c 102, §2]
Note
Definition of "qualified medical direction" changed to "qualified direction". L 2023, c 102, §2.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-3 License required.

§466D-3 License required.
(a) Except as specifically provided in this chapter, no person shall engage in the practice of respiratory care or use the title "licensed respiratory therapist" or "respiratory therapist" without a valid license issued pursuant to this chapter.
(b) 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. The director may initiate a civil action to collect the fine imposed under this section in accordance with rules adopted by the director. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-4 Order and qualified direction required.

§466D-4 Order and qualified direction required.
No person shall practice respiratory care under this chapter except under the order and qualified direction of a physician or an osteopathic physician licensed pursuant to chapter 453, a physician assistant licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457. [L 2010, c 178, pt of §2; am L 2023, c 102, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-5 Powers and duties of the director.

§466D-5 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, deny, renew, refuse to renew, restore, terminate, reinstate, condition, restrict, suspend, or revoke a license issued pursuant to this chapter;
(2) Grant permission to a person to practice respiratory care and to use the title of "licensed respiratory therapist" or a description indicating that the person is a licensed respiratory therapist in this State;
(3) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
(4) Administer, coordinate, and enforce this chapter;
(5) Prepare and administer examinations pursuant to the requirements of this chapter;
(6) Establish the criteria for successful passage of an examination administered pursuant to this chapter;
(7) Discipline a licensed respiratory therapist on grounds specified by this chapter or chapter 436B or for any violation of rules adopted by the director pursuant to this chapter;
(8) Refuse to license a person for failure to meet the licensing requirements in this chapter or for any reason specified by this chapter as grounds to discipline a respiratory therapist; and
(9) Appoint an advisory committee composed of practicing respiratory therapists to assist with the implementation of this chapter. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-6 Fees; disposition.

§466D-6 Fees; disposition.
(a) Upon issuance of a new license and at each license renewal period, each respiratory therapist shall pay a fee of $304 that shall be deposited into the compliance resolution fund established pursuant to section 26-9(o).
(b) Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director shall establish examination, reexamination, license, renewal, restoration, penalty, and other fees relating to the administration of this chapter by rule.
(c) Fees assessed pursuant to this chapter shall be used to defray costs incurred by the department in implementing this chapter. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-7 Exemptions.

§466D-7 Exemptions.
This chapter is not intended to restrict the practice of other licensed or credentialed healthcare practitioners practicing within their own recognized scopes of practice and shall not apply to:
(1) A person working within the scope of practice or duties of another licensed profession that overlaps with the practice of respiratory care; provided that the person does not purport to be a respiratory therapist;
(2) A person working as, or training to become, a sleep technologist or person who is enrolled in a Commission on Accreditation of Allied Health Education Programs, Accredited Sleep Technologist Education Program, or a program approved by the American Association of Sleep Technologists to become a sleep technologist; provided that, as used in this paragraph, a "sleep technologist" is defined as a person trained in sleep technology and relevant aspects of sleep medicine, evaluation, and follow-up care of patients with sleep disorders;
(3) A person enrolled as a student in an accredited respiratory therapy program where the performance of duties that are regulated by this chapter is an integral part of the student's program of study;
(4) A person employed by a durable medical equipment provider who engages in the delivery, assembly, setup, testing, and demonstration of oxygen and aerosol equipment upon the order of a physician; provided that no person providing those services shall be authorized to assess patients, develop care plans, instruct patients in taking treatment, or discuss the hazards, administration, or side effects of medication with patients;
(5) A person rendering services in the case of an emergency or in the domestic administration of family remedies; or
(6) A person employed by a federal, state, or county government agency in a respiratory therapist position, but only in the course of carrying out the duties and responsibilities of government employment. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-8 Application for license as a respiratory therapist.

§466D-8 Application for license as a respiratory therapist.
The department shall issue a license under this chapter to an applicant if the applicant provides satisfactory evidence to the department that the applicant meets the requirements for licensure contained in this chapter and rules adopted by the director and if the applicant:
(1) Has successfully completed a respiratory therapy training program at an accredited educational institution approved by the Committee on Accreditation for Respiratory Care or its predecessor or successor agencies;
(2) Has passed the Certified Respiratory Therapist Examination of the National Board for Respiratory Care, or its successor, within ninety days of submitting an application; and
(3) Has paid all fees for licensure established by the director. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-9 Licensure by endorsement.

§466D-9 Licensure by endorsement.
The director may issue a license by endorsement to an applicant who holds a current and unencumbered license as a respiratory therapist in another state; provided that the requirements for a license in that state are deemed by the director to be equivalent to or higher than the current requirements for licensure in this State. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-10 Renewal of license.

§466D-10 Renewal of license.
Licenses issued pursuant to this chapter shall be valid for three years and shall be renewed upon the payment of a renewal fee within sixty days before the expiration of the license. Failure to renew a license shall result in forfeiture of that license. Licenses that have been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year shall result in the automatic termination of the license. A person whose license has been terminated pursuant to this section shall be required to reapply for a new license as a new applicant. [L 2010, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466D. Respiratory Therapists › 466D-11 Grounds for refusal to renew, reinstate, or restore a license and for revocation, suspension, denial, or condition of a license.

§466D-11 Grounds for refusal to renew, reinstate, or restore a license and for revocation, suspension, denial, or condition of a license.
(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) Failure to meet or to 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 in advertising;
(3) Engaging in the practice of respiratory care while impaired by alcohol, drugs, physical disability, or mental instability;
(4) Procuring a license to practice respiratory care through fraud, misrepresentation, or deceit;
(5) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license to practice respiratory care;
(6) Engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of respiratory care;
(7) Engaging in conduct or a practice contrary to recognized standards of ethics for the practice of respiratory care;
(8) Violating any condition or limitation imposed on a license to practice respiratory care by the director;
(9) Engaging in the practice of respiratory care in a manner that causes injury to one or more members of the public;
(10) Failing to comply with, observe, or adhere to any law in a manner that causes the director to determine that the applicant or holder is unfit to hold a license;
(11) Having a license revoked or suspended or other disciplinary action by any state or federal agency for any reason that is provided by the applicable licensing laws or by this section;
(12) Having been convicted or pleaded nolo contendere to a crime directly related to the qualifications, functions, or duties of the practice of respiratory care;
(13) 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;
(14) Employing, whether gratuitously or for pay, any person not licensed pursuant to this chapter to perform the functions or duties of the practice of respiratory care; or
(15) 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, as established by the director by rule. [L 2010, c 178, pt of §2]