reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-7 Medicare or medicaid nurse aide certification.

§457A-7 Medicare or medicaid nurse aide certification.
(a) To be certified as a medicare or medicaid nurse aide, an applicant shall successfully complete:
(1) Training in a training program approved by the director of human services under section 346-46; and
(2) A nurse aide examination approved by the director.
(b) No person shall be permitted to take the examination who has not complied with the training requirements established by the director of human services in accordance with 42 United States Code sections 1395i-3 and 1396r.
(c) Reciprocity shall be granted to nurse aides who have completed a state-approved program that meets both federal and state requirements.
(d) Nurse aides employed in medicare or medicaid certified nursing facilities shall meet both federal and state requirements.
(e) Maintenance requirements for the recertification process shall be on a biennial basis, and shall include an annual performance review and in-service training and employment in a medicare or medicaid facility as required by federal and state law.
(f) No charge shall be imposed on medicare or medicaid certified nurse aides for the maintenance of the nurse aide registry. [L 2007, c 226, pt of §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-8 Nurse aide certification for state-licensed or state-certified health care settings.

§457A-8 Nurse aide certification for state-licensed or state-certified health care settings.
(a) This certification applies to nurse aides working in state-licensed and state-certified health care settings other than a medicare or medicaid certified nursing facility.
(b) To be certified, an applicant shall successfully complete:
(1) Training in a training program approved by the director of human services under section 346-46; and
(2) A nurse aide examination approved by the director.
(c) Fees may be imposed for services rendered to carry out the purposes of this section.
(d) Reciprocity shall be granted to qualified nurse aides who have completed a state-approved program, the requirements of which are comparable to the requirements of this chapter.
(e) Maintenance requirements for the recertification process shall be required on a biennial basis and shall include a competency evaluation approved by the department of human services, and employment in a state-licensed or state-certified health care setting. [L 2007, c 226, pt of §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-2 Definitions.

§457B-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Administrator" means the individual responsible for planning, organizing, directing, and controlling of the operation of a nursing home.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Nursing home" means any nursing facility licensed by the department of health.
"Practice of nursing home administration" means the planning, organizing, directing, or controlling of the operation of a nursing home. [L 1970, c 63, pt of §1; am L 1994, c 184, §3; am L 1997, c 235, §2]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-3 License required.

§457B-3 License required.
No person shall operate a nursing home in the State without having a nursing home administrator's license from the department as hereinafter provided. It shall be unlawful for any person not licensed under this chapter to practice or offer to practice nursing home administration or to use any sign, card, or device to indicate that the person is licensed as a nursing home administrator. [L 1970, c 63, pt of §1; am L 1983, c 135, §1; am L 1997, c 235, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-3.1 Conditions concerning qualifications for licensure examination.

§457B-3.1 Conditions concerning qualifications for licensure examination.
The director shall adopt rules setting minimum educational, training, and experience qualifications that must be satisfied before an applicant is allowed to sit for the licensing examination. [L 1985, c 199, §1; am L 1989, c 103, §2; am L 1994, c 184, §4; am L 1997, c 235, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-3.2 Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of licenses.

§457B-3.2 Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of licenses.
The director may refuse to renew, reinstate, or restore, or may revoke, suspend, deny, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant:
(1) Altering in any way the physician's order for any patient's or resident's medical or therapeutic care unless the orders are clearly hazardous to the patient or resident, in which case the physician shall be immediately notified;
(2) Defrauding any federal, state, county, or social agency, business, or individual in the operation of a nursing home;
(3) Engaging in false, fraudulent, or deceptive advertising, or making false or improbable statements regarding the services of the nursing home; and
(4) Submitting or filing with the board any notice, statement, or other document required under this chapter which is false or which contains any material misstatement of fact. [L 1994, c 184, §1; am L 1997, c 235, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-3.5 Limited and temporary licenses.

§457B-3.5 Limited and temporary licenses.
The director may issue a limited and temporary license to an applicant who has not been examined as required by section 457B-6, if the applicant is otherwise qualified to be examined. Such a license shall be effective only until the next licensure examination process has been completed. [L 1989, c 103, §1; am L 1997, c 235, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-6 Powers and duties of director.

§457B-6 Powers and duties of director.
In addition to any other powers and duties authorized by law, the director shall:
(1) Develop, impose, and enforce standards which shall be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators shall be individuals who by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards of this chapter or the rules adopted pursuant thereto;
(3) Issue licenses to individuals determined, after the application of appropriate techniques, to meet the required standards, and revoke or suspend licenses in any case where the individual holding a license is determined substantially to have failed to conform to the required standards of this chapter or the rules adopted pursuant thereto;
(4) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators shall, during any period that they serve as such, comply with the required standards. The director shall also initiate and maintain cooperative arrangements with the long-term care ombudsman, department of human services, and the department of health for the sharing of information on the performance of administrators;
(5) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the department to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of this chapter or the rules adopted pursuant thereto;
(6) Adopt in accordance with chapter 91 rules as may be necessary for the purposes of this chapter; and
(7) Maintain a record of all proceedings. [L 1970, c 63, pt of §1; am L 1983, c 135, §3; am L 1985, c 199, §3; am L 1987, c 339, §4; am L 1992, c 202, §113; am L 1997, c 235, §7]
Law Journals and Reviews
Elder Abuse and Laws to Protect Older Persons in Hawaii. 15 HBJ, no. 13, at 93 (2013).
Holding Hawai`i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233 (2004).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-7 Subpoenas.

§457B-7 Subpoenas.
The director may issue subpoenas to compel the attendance of witnesses and the production of documentary evidence or the production of any books, papers, or records. If any person subpoenaed as a witness fails or refuses to respond thereto, or refuses to answer questions material to the matter pending before the department propounded by an examiner, any circuit judge, upon application of the department or any examiner thereof, may enforce by proper proceeding the attendance and testimony of the witnesses. If any person wilfully testifies falsely under oath before the department or wilfully makes a false affidavit in any proceeding before the department, the person shall be charged for perjury and shall be subject to the penalties for perjury provided by law. [L 1970, c 63, pt of §1; am L 1997, c 235, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-9 Fees.

§457B-9 Fees.
(a) An applicant for a license to practice nursing home administration by examination shall pay application and examination fees. A reexamination fee is required for each reexamination. Application fees shall not be refundable. Each applicant who successfully passes the examination shall pay a license fee.
(b) There shall be a biennial renewal fee which shall be paid to the department on or before June 30 of each even-numbered year. Failure, neglect, or refusal of any duly licensed nursing home administrator to pay the biennial renewal fee shall constitute a forfeiture of the nursing home administrator's license. The license may be restored within three years upon written application therefor and the payment to the department of all delinquent fees plus a penalty fee and evidence of participation in educational programs. [L 1970, c 63, pt of §1; am L 1971, c 54, §2; am L 1973, c 22, §1; am L 1975, c 118, §20; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §49; am L 1992, c 202, §114; am L 1997, c 235, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-10 Injunctive relief.

§457B-10 Injunctive relief.
The director may apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or has expired from practicing nursing home administration; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing nursing home administration. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing nursing home administration without having been issued a license or has been or is practicing nursing home administration after the defendant's license has been suspended or revoked or has expired, the court or any judge thereof may enter a decree enjoining the defendant from further practicing nursing home administration. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. [L 1970, c 63, pt of §1; am L 1983, c 135, §4; am L 1997, c 235, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-11 Severability.

§457B-11 Severability.
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1970, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-12 Penalties.

§457B-12 Penalties.
Any person who violates this chapter shall be fined not more than $500 for a first offense. For each subsequent offense the person shall be fined not more than $1,000, or imprisoned not more than one year, or both. [L 1970, c 63, pt of §1; am L 1983, c 135, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457B. Nursing Home Administrators Act › 457B-13 Remedies or penalties cumulative.

§457B-13 Remedies or penalties cumulative.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 211, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-1 Definitions.

§457G-1
Definitions.
As used in this chapter unless the context otherwise requires:
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Foreign-trained person" means a person who has completed an educational program or course of study in occupational therapy in an institution located outside the United States.
"Occupational therapist" means a person who engages in the practice of occupational therapy in this State.
"Occupational therapy assistant" means a person who engages in the practice of occupational therapy under the supervision of and in partnership with an occupational therapist. [L 2001, c 198, pt of §1; am L 2003, c 97, §5; am L 2014, c 209, §3]
Note
Former §457G-1 renumbered as §457G-1.5.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-1.3 Powers and duties of the director.

§457G-1.3 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:
(1) Grant, 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 occupational therapy and to use the title of "licensed occupational therapist" or a description indicating that the person is a licensed occupational therapist in this State;
(3) Grant permission to a person to practice as an occupational therapy assistant and to use the title "licensed occupational therapy assistant" or a description indicating that the person is a licensed occupational therapy assistant in this State;
(4) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out the purposes of this chapter;
(5) Administer, coordinate, and enforce this chapter;
(6) Discipline a licensed occupational therapist or licensed occupational therapy assistant on grounds specified by this chapter or chapter 436B or for any violation of rules adopted by the director pursuant to this chapter;
(7) 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 an occupational therapist or occupational therapy assistant; and
(8) Appoint an advisory committee composed of practicing occupational therapists and occupational therapy assistants to assist with the implementation of this chapter. [L 2014, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-1.4 License required.

§457G-1.4 License required.
(a) Except as specifically provided in this chapter, no person shall engage in the practice of occupational therapy or use the title "licensed occupational therapist" or "occupational therapist" without a valid license to practice occupational therapy issued pursuant to this chapter.
(b) Except as specifically provided in this chapter, no person shall engage in the practice of occupational therapy as an occupational therapy assistant or use the title "licensed occupational therapy assistant" or "occupational therapy assistant" unless:
(1) The practice is performed under the supervision of and in partnership with a person who is an occupational therapist licensed to practice occupational therapy in the State; and
(2) The person possesses a valid license issued pursuant to this chapter to practice occupational therapy as an occupational therapy assistant.
(c) Any person who violates this section shall be subject to a fine of not more than $1,000 per violation. [L 2014, c 209, pt of §2; am L 2015, c 35, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-2 Qualifications of occupational therapists.

§457G-2
Qualifications of occupational therapists.
(a)
To qualify for licensure in this State, occupational therapists shall have completed the educational requirements and supervised field work experience required for certification by the National Board for Certification in Occupational Therapy and shall have passed a national certification examination administered by that association.
(b) In the case of foreign-trained persons, the applicant for an occupational therapy license shall have completed the National Board for Certification in Occupational Therapy eligibility determination process for occupational therapists and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy. [L 1978, c 146, pt of §1; am L 1998, c 35, §1 as superseded by c 97, § §2, 4; am L 2001, c 198, §3; am L 2003, c 97, §4; am L 2014, c 209, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-2.6 Qualifications of occupational therapy assistants.

§457G-2.6 Qualifications of occupational therapy assistants.
(a) Effective January 1, 2017, occupational therapy assistants shall be licensed pursuant to this chapter.
(b) To qualify for licensure in this State, occupational therapy assistants shall have completed the educational requirements and supervised field work required for certification by the National Board for Certification in Occupational Therapy and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy.
(c) In the case of foreign-trained persons, the applicant for an occupational therapy assistant license shall have completed the National Board for Certification in Occupational Therapy eligibility determination process for occupational therapy assistants and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy. [L 2014, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-2.7 Supervision of occupational therapy assistants; partnership with occupational therapists.

§457G-2.7 Supervision of occupational therapy assistants; partnership with occupational therapists.
(a) An occupational therapy assistant may practice occupational therapy only under the supervision of, and in partnership with, an occupational therapist who is licensed to practice occupational therapy in the State. The occupational therapist shall be responsible for occupational therapy evaluation, appropriate reassessment, treatment planning, interventions, and discharge from occupational therapy based on standard professional guidelines. The supervising occupational therapist and the supervised occupational therapy assistant shall have legal and ethical responsibility for ongoing management of supervision, including providing, requesting, giving, or obtaining supervision.
(b) The supervising occupational therapist shall:
(1) Determine the frequency, level, and nature of supervision with input from the occupational therapy assistant; and
(2) Base the supervision determination on a variety of factors, including the clients' required level of care, treatment plan, and experience and pertinent skills of the occupational therapy assistant.
(c) The supervising occupational therapist shall supervise the occupational therapy assistant to ensure that the occupational therapy assistant:
(1) Does not initiate or alter a treatment program without prior evaluation by and approval of the supervising occupational therapist;
(2) Obtains prior approval of the supervising occupational therapist before making adjustments to a specific treatment procedure; and
(3) Does not interpret data beyond the scope of the occupational therapy assistant's education and training. [L 2014, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-5 Exemptions.

§457G-5 Exemptions.
(a) Nothing in this chapter shall be construed to prohibit any person from acting within the scope of a license issued to that person under any other law; provided that the person shall not claim to be an occupational therapist or occupational therapy assistant, or claim to be performing occupational therapy, unless the person is also licensed under this chapter.
(b) Nothing in this chapter shall be construed to prohibit students in an educational program for occupational therapists or occupational therapy assistants from participating in activities that are conducted as part of the educational program and are under the guidance and supervision of a licensed occupational therapist.
(c) Nothing in this chapter shall be construed to prohibit a person licensed as an occupational therapist in another state or foreign country from practicing occupational therapy in this State if the person is part of an educational demonstration or instructional program or seminar sponsored by an educational institution, hospital, medical care program, the Occupational Therapy Association of Hawaii, or any other similar person or group, for the duration of the program or seminar and confined to the purpose of the program or seminar.
(d) Nothing in this chapter shall be construed to prohibit an occupational therapist who is practicing in the United States armed services, United States Public Health Service, or Department of Veterans Affairs pursuant to federal regulations for state licensure of health care providers from practicing as an occupational therapist; provided that if the person, while federally employed as an occupational therapist, engages in the practice of occupational therapy outside the course and scope of the person's federal employment, the person shall be required to obtain a license in accordance with this chapter. [L 2014, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-6 Biennial renewal; failure to renew; restoration, inactive license; conversion from registration.

§457G-6 Biennial renewal; failure to renew; restoration, inactive license; conversion from registration.
(a) The biennial renewal fee shall be paid to the department on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before this date shall constitute a forfeiture of the license. A forfeited license may be restored upon written application within one year from the date of forfeiture and the payment of the delinquent fee plus an amount equal to fifty per cent of the delinquent fee.
(b) Upon written application by the licensee, the director may place the licensee's active license on inactive status. During the inactive period, a licensee shall not engage in the practice of occupational therapy. The license may be reactivated at any time by the licensee by submitting a written application to the director and payment of the renewal and any other applicable fees. A licensee's inactive status shall not deprive the director of the director's authority to institute or continue any disciplinary or enforcement action against the licensee.
(c) Effective with the December 31, 2014, renewal period, each active occupational therapist registration shall be converted to an active occupational therapist license by operation of law. The conversion from registration to licensure shall not:
(1) Affect any prior discipline, limitation, or condition imposed by the director on an occupational therapist's registration;
(2) Limit the director's authority over any registrant; or
(3) Affect any pending investigation or administrative proceeding.
(d) Effective January 1, 2015, the director shall treat any application pending for an occupational therapist registration as an application for licensure, and the application shall be subject to the requirements established by the director in accordance with this chapter. [L 2014, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457G. Occupational Therapy Practice › 457G-7 License revocation or suspension; reinstatement; probation.

§457G-7 License revocation or suspension; reinstatement; probation.
(a) In addition to any other actions authorized by law, any license issued under this chapter may be revoked or suspended by the director at any time for any cause authorized by law, including but not limited to the following:
(1) Obtaining a fee on the assurance that a manifestly incurable disease can be permanently cured;
(2) Wilfully betraying patient confidentiality;
(3) Making an untruthful and improbable statement in advertising one's practice or business;
(4) False, fraudulent, or deceptive advertising;
(5) Being habituated to the excessive use of drugs or alcohol or being or having been addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;
(6) Practicing occupational therapy while the ability to practice is impaired by alcohol, drugs, or mental instability;
(7) Procuring a license through fraud, misrepresentation, or deceit, or knowingly permitting an unlicensed person to practice occupational therapy;
(8) Professional misconduct, gross negligence, or manifest incapacity in the practice of occupational therapy;
(9) Conduct or practice contrary to recognized standards of ethics for the practice of occupational therapy in the United States; or
(10) Violation of this chapter, chapter 436B, or any rule or order of the director.
(b) To reinstate a suspended license, or to grant licensure to an applicant whose license was previously revoked, the director may require further education or training or require proof of competence in performance.
(c) In lieu of revoking or suspending a license, the director may place the licensee on probation, the terms of which may require observation of the licensee by a licensed occupational therapist.
(d) Any licensee or applicant who violates this section may be fined not more than $1,000 per violation in addition to any other fine or fee imposed. [L 2014, c 209, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-1 Dispensing optician defined.

§458-1 Dispensing optician defined.
An individual is deemed to be engaged in the occupation of dispensing optician when the individual prepares and dispenses lenses, spectacles, eyeglasses, or appurtenances thereto to the intended wearer thereof on written prescription from physicians or optometrists duly licensed to practice their professions, and in accordance with the prescriptions interprets, measures, adapts, fits, and adjusts the lenses, spectacles, eyeglasses, or appurtenances thereto to the human face based on the prescription or for the aid or correction of visual or ocular anomalies of the human eyes, or when the individual offers to sell or sells non-corrective contact lenses. [L 1949, c 183, pt of §1; RL 1955, §69-1; HRS §458-1; am L 1981, c 86, §1; am L 1984, c 202, §1; am L 1997, c 301, §3; am L 2008, c 63, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-3 Powers and duties.

§458-3 Powers and duties.
In addition to any other powers and duties authorized by law, the director of commerce and consumer affairs, subject to chapter 91, may adopt, amend, and repeal rules for the administration of this chapter.
The director shall appoint an advisory committee to serve as experts to the department in licensing matters. [L 1949, c 183, pt of §1; RL 1955, §69-3; am L Sp 1959 2d, c 1, § §6, 15; am L 1963, c 114, §3; am L 1965, c 96, §49; HRS §458-3; am L 1983, c 71, §1; am L 1985, c 255, §6; am L 1987, c 300, §3; am L 1992, c 202, §116; am L 1997, c 301, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-6.5 License; application; qualifications.

§458-6.5 License; application; qualifications.
(a) An individual shall be licensed as a dispensing optician to engage in the occupation of dispensing optician.
(b) The applicant shall provide evidence of having:
(1) The equivalent of a high school education and two years of opticianry work experience as required by administrative rules;
(2) Graduation from an opticianry course accredited by the Commission on Opticianry Accreditation; or
(3) A current and valid license as a dispensing optician in another state or territory of the United States and passage of the national examinations specified in subsection (c).
The applicant shall submit to the director an application for a license on a form prescribed by the director, which shall include the applicant's experience and signature, and an application fee.
(c) The applicant shall provide evidence of having passed the following examinations:
(1) The National Opticianry Competency Examination;
(2) The National Contact Lens Registry Examination; and
(3) A nationally standardized practical examination may be required by the director as a prerequisite for dispensing optician licensure.
Any applicant who has previously passed both the National Opticianry Competency Examination and the National Contact Lens Registry Examination in a state or territory of the United States shall not be required to retake these examinations provided that the applicant's passing scores have been certified. [L 1987, c 300, §7; am L 1992, c 155, §1 and c 202, §117; am L 1997, c 301, §5]
Cross References
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-6.9 Dispensing optician identification tags. Each licensed dispensing optician may wear an identification tag for the purpose of identifying to the customer that the person is a licensed dispensing optician. [L 1997, c 301, §1]

§458-6.9
Dispensing optician identification tags.
Each licensed dispensing optician may wear an identification tag for the purpose of identifying to the customer that the person is a licensed dispensing optician. [L 1997, c 301, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-8 Expiration and renewal.

§458-8 Expiration and renewal.
(a) A license issued under this chapter, unless sooner suspended or revoked, shall expire on July 1 of each even-numbered year, but may be biennially renewed by the license holder in good standing upon the payment of a biennial renewal fee. Failure to pay the biennial fee shall constitute a forfeiture of the license as of the date of expiration.
(b) The holder of an expired license may have the same restored within one year of the date of expiration upon due application therefor and payment of the delinquent fees and a penalty fee. A person whose license has been forfeited and who fails to restore the license as provided in this section shall apply as a new applicant. [L 1949, c 183, pt of §1; am L 1955, c 113, §1; RL 1955, §69-8; am L 1961, c 142, §6; HRS §458-8; am L 1975, c 118, §21; am L 1984, c 7, §52; am L 1987, c 300, §10; am L 1997, c 301, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-9 Revocation or suspension of licenses.

§458-9 Revocation or suspension of licenses.
In addition to any other actions authorized by law, the director, in conformity with chapter 91, may revoke or suspend any license issued under this chapter for any cause authorized by law, including but not limited to fraud or dishonesty in obtaining the license, for dishonesty, fraud, gross negligence, or incompetency in the occupation of dispensing optician, or for violation of this chapter. [L 1949, c 183, pt of §1; RL 1955, §69-9; HRS §458-9; am L 1987, c 300, §11; am L 1992, c 202, §118; am L 1997, c 301, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-10 Subpoenas, oaths.

§458-10 Subpoenas, oaths.
In all proceedings before the director, the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, and the production of documentary evidence, as are possessed by circuit courts. In case of disobedience by any person or persons of any order of the director or any subpoena issued by the director or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge on application by the director shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from a circuit court or a refusal to testify therein. [L 1949, c 183, pt of §1; RL 1955, §69-10; am L 1965, c 96, §50; HRS §458-10; am L 1973, c 31, pt of §21; gen ch 1985; am L 1992, c 202, §119; am L 1997, c 301, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-11 Reinstatement.

§458-11 Reinstatement.
The director may reinstate without examination the license of any dispensing optician issued under this chapter which has been revoked or may modify the suspension of any such license which has been suspended. [L 1949, c 183, pt of §1; RL 1955, §69-11; HRS §458-11; am L 1987, c 300, §12; am L 1992, c 202, §120; am L 1997, c 301, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-13 Acts prohibited.

§458-13 Acts prohibited.
It shall be unlawful to do any of the following:
(1) To engage in the occupation of dispensing optician without first having been issued a dispensing optician license under this chapter;
(2) To advertise in any manner that would tend to mislead or deceive the public;
(3) To dispense, furnish, or supply the services and appliances to the intended wearer or user thereof, except upon a prescription issued by a licensed physician or optometrist; provided that duplications, replacements, reproductions, and repetitions without change in the refractive value may be done without prescription by individuals holding a license of dispensing optician issued under this chapter;
(4) To fit or duplicate, or offer, undertake, or attempt to fit or duplicate, hard and soft contact lenses or artificial eyes except under the written orders and personal supervision of an ophthalmologist or optometrist;
(5) For a dispensing optician to grant, allow, credit, or pay, directly or indirectly, openly or secretly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, to any oculist, optometrist, physician, or practitioner of any other profession for or on account of:
(A) The referring or sending by any oculist, optometrist, physician, or practitioner to the dispensing optician of any person for the rendition of any of the services performed or articles or appliances furnished by a dispensing optician as described in section 458-1; or
(B) The rendition of any services or the furnishing of any articles or appliances to a person so referred or sent by any oculist, optometrist, physician, or practitioner.
Every scheme, agreement, undertaking, arrangement, or device shall also be deemed in violation of section 481-7. The license of every dispensing optician who violates this paragraph shall be revoked; or
(6) For a dispensing optician to permit any unlicensed person to take facial measurements or to fit or adjust lenses or frames or duplicate frames unless the unlicensed person is acting under the direct personal supervision of a licensed dispensing optician. "Direct personal supervision" means the licensed optician is present on the premises of the optical dispensing establishment and is available for consultation by the unlicensed person. [L 1949, c 183, pt of §1; RL 1955, §69-13; am L 1963, c 38, §1; HRS §458-13; am L 1979, c 163, §1; am L 1981, c 86, §7; am L 1984, c 202, §4; am L 1987, c 300, §15; am L 1997, c 301, §10; am L 2021, c 230, §17]
Note
Section 458-12.5 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-14 Exceptions; acts not prohibited.

§458-14 Exceptions; acts not prohibited.
(a) Nothing in this chapter applies to any physician, optometrist, or ophthalmologist licensed under the laws of the State, nor shall anything in this chapter prohibit the sale of glasses, sun glasses, colored glasses, or eye devices if they do not have refractive values and are not contact lenses.
(b) Nothing in this chapter shall be construed to prohibit a certified ocularist who is certified by the American Board of Ocularistry, the National Examining Board of Ocularists, or any other nationally recognized ocularistry certifying board from performing within the scope of such certification; provided that the ocularist performs only those functions dealing with the designing, fitting, and fabricating of artificial eyes, and not contact lenses of refractive value, and is under the supervision of a licensed ophthalmologist or optometrist. The ocularist shall inform the director in writing of the name of the supervising ophthalmologist or optometrist. [L 1949, c 183, pt of §1; RL 1955, §69-14; HRS §458-14; am L 1988, c 198, §1; am L 2008, c 63, §2; am L 2019, c 242, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 458. Opticians, Dispensing › 458-15 Penalties.

§458-15 Penalties.
Any person who violates this chapter shall be fined not more than $500, or imprisoned not more than one year, or both. [L 1949, c 183, pt of §1; RL 1955, §69-15; HRS §458-15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-1 Optometry; practice of, defined.

§459-1 Optometry; practice of, defined.
(a) The practice of optometry, for the purpose of this chapter, is defined to be:
(1) The examination, diagnosis, treatment, and management of diseases and disorders of the human visual system, the eye, and the eyelids;
(2) The employment of trial frame or trial lenses, and any objective or subjective means or methods, other than the use of surgery, including refractive or therapeutic laser surgery, but including the use and prescription of pharmaceutical agents, as established by the board, and the performance of non-invasive diagnostic procedures or ordering of laboratory tests related to the use of pharmaceutical agents for the purpose of examining, diagnosing, treating, and managing visual, muscular, or other diseases and disorders of the human visual system, the eye, and the eyelids; or
(3) The prescribing, fitting, or adaptation of any ophthalmic lenses, contact lenses, prisms, frames, mountings, or orthoptic exercises for the correction or relief of the visual or muscular anomalies of the human eye.
Superficial foreign bodies may be removed from the human eye and eyelids, including the removal of corneal superficial foreign bodies above Bowman's Layer.
(b) Any person who engages in the prescribing of visual training, with or without the use of scientific instruments to train the visual system or other abnormal condition of the eyes, or claims to be able to do so, shall be deemed to be engaged in the practice of optometry and shall first secure and hold an unrevoked and unsuspended license as provided in this chapter; provided that an orthoptist may give visual training, including exercises, under the supervision of a physician or optometrist. The use and prescription of pharmaceutical agents and the removal of superficial foreign bodies from the human eye and eyelid shall be granted to an optometrist licensed under this chapter who has met the requirements under sections 459-7 and 459-7.4.
(c) If while examining or treating a patient a licensed optometrist finds, by history or examination, any ocular abnormality or any evidence of systemic disease requiring further diagnosis and possible treatment beyond the scope of practice as defined in this section, the optometrist shall refer that patient to an appropriate licensed physician. [L 1917, c 187, §1; RL 1925, §1112; RL 1935, §1370; RL 1945, §2801; am L 1949, c 58, §1(1); RL 1955, §68-1; HRS §459-1; am L 1985, c 224, §1 and c 294, §2; am L 1997, c 335, §2; am L 2002, c 164, §3; am L 2004, c 46, §2]
Cross References
Optometric service corporations, see §424-1.
Visual care, see §431:10A-116.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-1.5 Definitions.

§459-1.5 Definitions.
As used in this chapter:
"Board" means the Hawaii board of optometry.
"Director" means the director of commerce and consumer affairs.
"Ophthalmic lens" means any spectacle lens that has a spherical, cylindrical, or prismatic power or value and is ground pursuant to a prescription.
"Surgery" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. [L 1987, c 152, §2; am L 1997, c 335, §1; am L 2018, c 203, §6; am L 2021, c 230, §18]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-2 Optometry; unauthorized practice, unlawful.

§459-2 Optometry; unauthorized practice, unlawful.
It shall be unlawful for any person to practice optometry or to append the letters "O.D." or any other optometric degree to a person's name with the intent thereby to imply that the individual is a practitioner of optometry, without first securing and holding an unrevoked and unsuspended license under and as provided in this chapter. This chapter shall not:
(1) Apply to, or prohibit, a duly licensed physician from practicing optometry as defined in this chapter;
(2) Prohibit a duly licensed physician or optometrist from filling prescriptions or orders;
(3) Prohibit the replacement, duplication, or repair of ophthalmic lenses, contact lenses, or frames, or fittings thereof, by persons qualified to write or fill prescriptions or orders under this chapter;
(4) Prohibit or prevent any dispensing optician licensed under chapter 458 from performing the activities authorized by the license; or
(5) Apply to optometric service corporations formed for the primary purpose of contracting with individuals, groups of individuals, and corporations for defraying or assuming the cost of services of optometrists and of contracting on behalf of optometrists to furnish services as provided in chapter 424. [L 1949, c 58, §1(2); RL 1955, §68-2; am L 1965, c 84, §1; HRS §459-2; am L 1985, c 224, §2; am L 1987, c 300, §16; am L 2021, c 230, §19]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-3 Hawaii board of optometry; members, appointment, qualifications.

§459-3 Hawaii board of optometry; members, appointment, qualifications.
There shall be a board to be known as the Hawaii board of optometry, for the State. The board shall consist of seven members, five of whom shall be licensed optometrists who have actually engaged in the practice of optometry for at least five years and two of whom shall be public members. One of the five licensed optometrist members shall be from a county other than the city and county of Honolulu. No member of the board shall be a stockholder, member of the faculty, or on a board of trustees of any school of optometry. [L 1917, c 187, §2; RL 1925, §1113; RL 1935, §1371; RL 1945, §2802; RL 1955, §68-3; am L Sp 1959 2d, c 1, §5; HRS §459-3; am L 1978, c 208, §9; am L 1985, c 224, §3; am L 1987, c 152, §3; am L 1992, c 202, §121; ree L 1993, c 322, §10; am L 2018, c 203, § §6, 7]
Cross References
Departmental administration, see § §26-9 and 26-35.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-4 Powers and duties of the board.

§459-4 Powers and duties of the board.
In addition to any other powers and duties authorized by law, the board shall prescribe rules in harmony with this chapter, as may be necessary to carry out its legal responsibilities and duties, to do all things necessary or incidental to the exercise of the powers and duties as established by these statutes, and to regulate the practice of optometry in the State. [L 1917, c 187, pt of §3; RL 1925, pt of §1114; RL 1935, pt of §1372; am L 1941, c 195, pt of §1; RL 1945, pt of §2803; RL 1955, §68-4; HRS §459-4; am L 1985, c 224, §4; am L 1992, c 202, §122]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-5 Records.

§459-5 Records.
The department of commerce and consumer affairs on behalf of the Hawaii board of optometry shall preserve a record of all applications for examination. The record shall also show whether applicants were rejected or licensed, and, if rejected, the reasons therefor. [L 1917, c 187, §4; RL 1925, §1115; RL 1935, §1373; RL 1945, §2804; RL 1955, §68-5; HRS §459-5; am L 1985, c 224, §5; am L 2018, c 203, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 459. Optometry › 459-6 Examinations, time of.

§459-6 Examinations, time of.
Examinations shall be administered by the National Board of Examiners in Optometry (NBEO) at least once a year with additional examinations as the National Board of Examiners in Optometry deems necessary. The time and place of the examinations shall be determined by the National Board of Examiners in Optometry. If any of the examinations administered by the National Board of Examiners in Optometry are no longer considered appropriate by the board or any of the examinations are no longer administered by the National Board of Examiners in Optometry, the examination shall be administered by the board or a testing agency designated by the board. [L 1917, c 187, pt of §3; RL 1925, pt of §1114; RL 1935, pt of §1372; am L 1941, c 195, pt of §1; RL 1945, pt of §2803; RL 1955, §68-6; HRS §459-6; am L 1985, c 224, §6; am L 1992, c 21, §1]
Cross References
Disposal of examination papers, see §94-5.