reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-10.15 Recordkeeping for continuing competence.

§461J-10.15 Recordkeeping for continuing competence.
(a) Each licensee shall keep and maintain records showing that each course or activity for which credit is claimed has been completed.
(b) These records shall reflect the title of the course or activity, the date taken or completed, and the record of participation.
(c) Each licensee shall retain such documentation for a period of seven years after the course or activity concludes.
(d) Each licensee shall provide copies of such documentation to the board or its designee within fourteen calendar days after being requested to provide such documentation. [L 2013, c 35, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-12 Revocation, suspension, probation of license.

§461J-12 Revocation, suspension, probation of license.
(a) In addition to any other actions authorized by law, any license issued under this chapter may be revoked or suspended by the board 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 physical 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 physical therapy;
(8) Professional misconduct, gross carelessness, or manifest incapacity in the practice of physical therapy;
(9) Conduct or practice contrary to the ethics of the profession of physical therapy in the United States;
(10) Violation of the conditions or limitations upon which a temporary license is issued or an exemption is granted; or
(11) Violation of this chapter or the rules adopted pursuant thereto.
(b) To reinstate a suspended license, or to grant licensure to an applicant whose license was previously revoked, the board may require further education or training or require proof of competence in performance.
(c) In lieu of revoking or suspending a license, the board may place the licensee on probation, the terms of which may require observation of the licensee by an appropriate group or society of physical therapists. [L 1985, c 276, pt of §1; am L 1992, c 202, §143; am L 1995, c 123, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-12.5 Inactive status.

§461J-12.5 Inactive status.
(a) A licensee may apply in writing to have the licensee's license placed on inactive status. While on inactive status, the licensee shall not engage in the practice of physical therapy.
(b) A license on inactive status shall be renewed during the same time period as active licenses. While on inactive status, the licensee shall not be required to comply with the continuing competence requirements in this chapter.
(c) To reactivate a license on inactive status, the licensee shall:
(1) Pay the renewal and any applicable fees; and
(2) Have obtained continuing competence units equivalent to that required for a single renewal period of an active license within the last two years prior to applying to restore the license to active status.
(d) The inactive status of any licensee shall not deprive the board of its authority to institute or continue any disciplinary or enforcement action against the licensee. [L 2013, c 35, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-1 Definitions.

§462A-1 Definitions.
As used in this chapter:
"Department" means the department of commerce and consumer affairs.
"Director" means the director of the department of commerce and consumer affairs.
"License" means a pilot's license issued pursuant to this chapter.
"Pilot" means a state pilot licensed pursuant to this chapter as a port pilot or a deputy port pilot.
"Pilotage waters" means the waters of this State covered by this chapter.
"Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Each tug and each of its tows shall be considered a separate vessel. [L 1978, c 231, pt of §2; am L 1985, c 126, §1]
Revision Note
Numeric designations deleted.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-3 Powers and duties of the director.

§462A-3 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall:
(1) Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;
(2) Adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;
(3) Develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services or the department of transportation's harbors division. Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot, or deputy port pilot licenses are qualified;
(4) Enforce this chapter and rules adopted pursuant thereto;
(5) Suspend, revoke or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of the rules;
(6) Investigate any person for violations of any provisions of this chapter;
(7) Adopt methods to improve disciplinary and enforcement programs against violations of this chapter; and
(8) Do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter. [L 1978, c 231, pt of §2; am L 1983, c 8, §1; am L 1985, c 126, §3; am L 1988, c 131, §1; am L 1992, c 202, §144; am L 2001, c 13, §3; am L 2015, c 48, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-3.5 Adequate supply of licenses.

§462A-3.5 Adequate supply of licenses.
(a) The director shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.
(b) The director, in consultation with users of pilotage services, the department of transportation's harbors division, and the professional association of port pilots in the State shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce. [L 2001, c 13, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-6 Duration and renewal of license.

§462A-6 Duration and renewal of license.
All licenses shall expire on June 30 of even-numbered years. All applicants for renewal of license shall submit a renewal application pursuant to section 436B-13 and comply with all applicable rules of the department. No applicant shall be denied a renewal of the applicant's license, except as provided in this chapter, as long as the applicant possesses the qualifications established by the department and remains in active service as a pilot in the State. [L 1978, c 231, pt of §2; am L 1985, c 126, §6; gen ch 1985; am L 2015, c 48, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-8 Denial, suspension, or revocation.

§462A-8 Denial, suspension, or revocation.
In addition to any other actions authorized by law, the director may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:
(1) Violation of this chapter or any rule adopted by the director;
(2) Loss, damage, or injury due to negligent pilotage;
(3) Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;
(4) Inability to physically or mentally perform the duties of a pilot;
(5) Failure to maintain active service as a pilot in the State;
(6) Procurement of a license through fraudulent misrepresentation or deceit;
(7) Participation in any unfair or deceptive act or practice as prohibited by section 480-2;
(8) Violation of any law or rule intended to promote marine safety or protect navigational waters;
(9) Failure to report marine accidents in accordance with the rules of this chapter; or
(10) Failure to maintain a current and valid federal pilots license issued in accordance with title 46, United States Code, chapter 71. [L 1978, c 231, pt of §2; am L 1985, c 126, §7; am L 1987, c 283, §33; am L 1992, c 202, §145]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-9 Exhibition of license.

§462A-9 Exhibition of license.
A pilot, on boarding a vessel, and if required by the master thereof, shall exhibit the pilot's license or a photostatic copy thereof. [L 1978, c 231, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-10 Piloting without a license.

§462A-10 Piloting without a license.
It shall be unlawful for any person not licensed as a pilot under this chapter to pilot or to offer to pilot a vessel not exempt from this chapter. It shall be unlawful for any person on board a tug or towboat to tow a vessel or barge not exempt from this chapter, unless the vessel or barge shall have on board a pilot licensed under this chapter. Violation of this section shall be a misdemeanor. [L 1978, c 231, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-11 Rates of pilotage.

§462A-11 Rates of pilotage.
The director shall establish the rates of pilotage for vessels subject to this chapter as follows:
(1) The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter.
(2) No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91. Due notice of hearing shall be mailed at least thirty days prior to the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department.
(3) The director, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States.
(4) Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91. [L 1978, c 231, pt of §2; am L 1985, c 126, §8; am L 1987, c 283, §34]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-14 Lien for pilotage fees.

§462A-14 Lien for pilotage fees.
Every licensed pilot shall have a lien for the pilot's pilotage fees upon the whole of any vessel liable to the pilot therefor. [L 1978, c 231, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-15 Pilot association.

§462A-15 Pilot association.
The pilots licensed under this chapter, each of whom shall be deemed an individual contractor, may form a nonprofit association which shall not be deemed a partnership or corporation for liability purposes, in order to provide such arrangements and facilities as may be necessary and desirable for the efficient dispatching of vessels and rendering of pilotage services required under this chapter. The association shall have no control over the selection of persons to be licensed as pilots or their discharge. The association shall have no direction over the manner in which an individual pilot performs the pilot's duties. The association may adopt any working rules that are not inconsistent with the law or of the rules of the department. [L 1978, c 231, pt of §2; am L 1980, c 41, §1; am L 1985, c 126, §11; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-17 Description of pilotage waters.

§462A-17 Description of pilotage waters.
Pilotage waters as established under this chapter shall be the waters of the State described as follows:
(1) Port Allen: All waters inside a line drawn from Puolu Point to Weli Point.
(2) Nawiliwili: All waters inside a line drawn from Ninini Point to Kawaii Point.
(3) Honolulu: All waters inside a line drawn from Diamond Head Light, 278 ° true, to the intersection of a line drawn from the seaward edge of the reef runway at Latitude 21 °-18.2' North and Longitude 157 °-55.6' West, 180 ° true.
(4) Kahului: All waters inside a line drawn from Waiehu Point to Waihee Reef Lighted Buoy 2 in Latitude 20 ° 55.9' North and Longitude 156 ° 28.5' West and thence to Papaula Point.
(5) Hilo: All waters inside a line drawn from the outer extremity of the Hilo Bay breakwater to Paukaa Point Light.
(6) Kawaihae: All waters inside a line drawn from the outer extremity of the Kawaihae Harbor breakwater due West to Longitude 155 ° 51' West, thence due North to Latitude 20 °03' North and thence due East to where it intersects with the shoreline.
(7) Barbers Point: All waters inside a line drawn from the northernmost refinery tower, 250 ° true, to the intersection of a line drawn tangentially to Maile Point, 165 ° true. [L 1978, c 231, pt of §2; am L 1986, c 104, §1; am L 1992, c 25, §2]
Revision Note
In paragraph (6), "20 °03'" substituted for "20 °03 °".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-18 Vessels required to take a pilot.

§462A-18 Vessels required to take a pilot.
Every vessel, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director of transportation to be in immediate danger of destruction or which poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available. [L 1978, c 231, pt of §2; am L 1980, c 110, §1; am L 2015, c 48, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 462A. Pilotage › 462A-19 Exempt vessels.

§462A-19 Exempt vessels.
This chapter does not apply to:
(1) Any vessel required by the laws of the United States of America to be under the direction and control of a federally licensed pilot;
(2) Public vessels of the United States of America;
(3) Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States of America;
(4) Tugs or towboats of 1,600 gross tons or less which are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water which the vessel is traversing; or
(5) Vessels under 300 gross tons.
This section provides minimum pilotage requirements, and is not intended to negate the department of transportation's responsibility for the safety of all ports and shore waters in the State, nor does it limit the department's right to require additional pilotage should that department determine it is necessary to ensure safety in the ports or shore waters of the State. [L 1978, c 231, pt of §2; am L 1984, c 111, §1; am L 1985, c 126, §13; am L 1988, c 131, §3; am L 1991, c 27, §3; am L 2015, c 48, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-1 Definitions.

§463-1 Definitions.
As used in this chapter:
"Board" means the board of private detectives and guards described in section 463-2.
"Detective", "private detective", or "investigator" means a licensed person qualified to obtain information and evidence not readily or publicly accessible.
"Detective agency" or "private detective agency" means a licensed firm engaged in the private detective business.
"Firm" means a sole proprietor, corporation, joint venture, limited liability partnership, limited liability corporation, partnership, association, or any other legal business entity.
"Guard"
[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.]
means a registered uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. "Guard" shall not include any active duty federal, state, or county law enforcement officers or personnel.
"Guard agency" means a licensed firm engaged in the guard business.
"Principal detective" means a licensed detective designated as the detective agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees.
"Principal guard" means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees. [L 1961, c 77, pt of §1; Supp, §165A-1; HRS §463-1; am L 1983, c 40, §1; am L 1994, c 122, §1; am L 2004, c 94, §1; am L 2010, c 208, §2]
Note
Definition of "guard": repeal and reenactment on July 1, 2016, by L 2010, c 208, §8 as noted in the main volume deleted by L 2014, c 94, §3.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-2 Board of private detectives and guards; appointment; qualifications; term.

§463-2 Board of private detectives and guards; appointment; qualifications; term.
Appointment and removal. There shall be a board of detectives and guards consisting of seven members, six of whom shall be nominated, and by and with the advice and consent of the senate, appointed by the governor. The terms of the members shall be for four years. Each term shall commence on July 1 and expire on June 30. No person shall be appointed consecutively to more than two terms, provided that membership shall not exceed eight consecutive years. The director of commerce and consumer affairs shall be an ex officio[,] nonvoting seventh member of the board and may designate a representative to sit in the director's stead.
Of the six appointed members, two shall be chiefs of police of any of the four counties, two shall be private citizens not engaged in any of the licensed practices, and two shall be persons actively engaged in any of the licensed practices; provided that one person shall be a licensed private detective and one person shall be a licensed guard. [L 1961, c 77, pt of §1; Supp, §165A-2; HRS §463-2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1985, c 306, §1; gen ch 1985; am L 1986, c 11, §1 and c 130, §3; am L 1992, c 202, §146]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-3 Policy; powers and duties.

§463-3 Policy; powers and duties.
It is the policy of this State to protect the general public from unlawful and unethical conduct and operation of the business of private detectives and guards. In addition to any other powers and duties authorized by law, the board may adopt, amend, or repeal rules, which shall have the force and effect of law, relating to qualifications for licensing of private detectives and guards, to the conduct and operation of the businesses of such license, and to the denial, renewal, reactivation, revocation, or suspension for cause of such licenses. The board shall consult with appropriate state and federal agencies and any appropriate industry or trade organization in establishing those rules. The rules so established shall be on the basis of what the board deems best suited to the public interest. The board also shall examine applicants for private detective or guard licenses, grant licenses, and revoke or suspend licenses of licensees who violate this chapter. [L 1961, c 77, pt of §1; Supp, §165A-3; HRS §463-3; am L 1992, c 202, §147; am L 2004, c 94, §2]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-4 Procedure in appeal of denial of licensure, revocation, or suspension of licenses.

§463-4 Procedure in appeal of denial of licensure, revocation, or suspension of licenses.
Actions to revoke, suspend, or otherwise discipline licenses granted under this chapter or appeals of denials of licensure shall be subject to chapter 91 and shall be commenced by a notice of hearing. [L 1961, c 77, pt of §1; am L 1965, c 96, §105; Supp, §165A-4; HRS §463-4; am L 1992, c 202, §148; am L 1997, c 46, §1; am L 2004, c 94, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-5 Private detectives and detective agencies; license required.

§463-5 Private detectives and detective agencies; license required.
(a) No individual shall engage in the business of private detective, represent oneself to be, hold oneself out as, list oneself, or advertise as a private detective or as furnishing detective or investigating services without first obtaining a license as a private detective from the board and paying the application and license fees.
(b) No firm shall engage in the business of private detective, represent itself to be, hold itself out as, list itself as, or advertise as a private detective agency or as furnishing detective or investigating services without first obtaining a license as a private detective agency from the board and paying the application and license fees. A detective agency shall have in its employ at least one principal detective who shall be fully responsible for the direct management and control of the detective agency and the agency's employees when detective services are being provided. [L 1961, c 77, pt of §1; Supp, §165A-5; HRS §463-5; am L 1983, c 40, §2; am L 1984, c 7, §68; am L 1987, c 57, §2; am L 1994, c 122, §2; am L 2004, c 94, §4; am L 2006, c 13, §1]
Case Notes
License not transferable. 66 H. 607, 671 P.2d 446 (1983).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-6 Private detectives and detective agencies; qualifications for license.

§463-6 Private detectives and detective agencies; qualifications for license.
(a) The board may grant a private detective license to any suitable individual, or a detective agency license to any suitable firm making written application therefor. The applicant, if an individual, or the principal detective of a firm shall:
(1) Be not less than eighteen years of age;
(2) Have had a high school education or its equivalent;
(3) Have had experience reasonably equivalent to at least four years of full-time investigational work;
(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(6) Possess a history of honesty, truthfulness, financial integrity, and fair dealing.
A firm applying for a detective agency license shall have in its employ an individual who is licensed as a private detective and who shall be designated as the principal detective for the firm, and shall provide a bond as required under section 463-12.
(b) A detective agency may employ as many agents, operatives, and assistants in an investigative capacity and as necessary for the conduct of business; provided that the principal detective shall be held responsible for, and have direct management and control of, the agency and the agency's employees while they are acting within the scope and purpose of the detective agency's business. These employees
shall not be required to have private detective licenses, and shall:
(1) Have had an eighth grade education or its equivalent;
(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(4) Be registered with the board upon employment with the agency.
The employer, with the written authorization of the employee, shall conduct a criminal history records check of all new employees employed in an investigative capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §1; Supp, §165A-6; HRS §463-6; am L 1974, c 21, §2 and c 205, §2(23); am L 1983, c 40, §3; am L 1987, c 57, §3; am L 1994, c 122, §3; am L 2004, c 94, §5]
Cross References
Hawaii criminal justice data center, see chapter 846.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-7 Guard and guard agencies; license required.

§463-7 Guard and guard agencies; license required.
(a) No individual shall engage in the business of guard for the purpose of protecting persons or property or to prevent theft or unlawful taking of goods, wares, merchandise, money, bonds, documents, or other articles of value for hire or reward or represent oneself to be, or hold oneself out as such without first obtaining a license as guard from the board and paying the application and license fees.
(b) No firm shall engage in the business of guard for the purpose of protecting persons or property or to prevent theft or unlawful taking of goods, wares, merchandise, money, bonds, documents, or other articles of value for hire or reward or represent itself to be, hold itself out as, list itself as, or advertise as a guard agency without first obtaining a license as a guard agency from the board and paying the application and license fees. A guard agency shall have in its employ at least one principal guard who shall be fully responsible for the direct management and control of the guard agency and the agency's employees when guard services are being provided. [L 1961, c 77, pt of §1; Supp, §165A-7; HRS §463-7; am L 1983, c 40, §4; am L 1984, c 7, §69; am L 1994, c 122, §4; am L 2004, c 94, §6; am L 2006, c 13, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-8 Principal guards and guard agencies; qualifications for license.

§463-8 Principal guards and guard agencies; qualifications for license.
[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.]
(a) The board may grant a principal guard license to any suitable individual, or a guard agency license to any suitable firm making written application therefor. The applicant, if an individual, or the principal guard of a firm shall:
(1) Be not less than eighteen years of age;
(2) Have had a high school education or its equivalent;
(3) Have had experience reasonably equivalent to at least four years of full-time guard work;
(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(6) Possess a history of honesty, truthfulness, financial integrity, and fair dealing.
A firm applying for a guard agency license shall have in its employ an individual who is licensed and registered as a guard pursuant to section 463-10.5 and who shall be designated as the principal guard for the firm, and shall provide a bond as required under section 463-12.
(b) A guard agency may employ as many agents, operatives, and assistants in a guard capacity and as necessary for the conduct of business; provided that the principal guard shall be held responsible for, and have direct management and control of, the agency and the agency's employees while they are acting within the scope and purpose of the guard agency's business. These employees shall:
(1) Have had a high school education or its equivalent;
(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and
(4) Be registered with the board upon employment with the agency.
The employer, with the written authorization of the employee, shall conduct a criminal history records check, in accordance with section 463-10.5 and the rules of the board adopted pursuant thereto, of all new employees employed in a guard capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §2; Supp, §165A-8; HRS §463-8; am L 1974, c 21, §3 and c 205, §2(24); am L 1983, c 40, §5; am L 1987, c 57, §4; am L 1994, c 122, §5; am L 2004, c 94, §7; am L 2010, c 208, §3]
Note
Repeal and reenactment on July 1, 2016, by L 2010, c 208, §8 deleted by L 2014, c 94, §3.
Cross References
Hawaii criminal justice data center, see chapter 846.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-8.5 Guards; concurrent employment.

§463-8.5 Guards; concurrent employment.
No person shall engage in the business of guard when the guard work is concurrent with other duties performed under the agreement of employment or when the guard work is not the principal fact of the employment without first obtaining a license as a guard. [L 1973, c 165, §1; am L 1983, c 40, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-9 Form of application for license or registration.

§463-9 Form of application for license or registration.
[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.]
Application for a license or registration shall be made on a form prescribed by the board which may require a statement of the applicant's full name, age, date and place of birth, residence and business address, the business or occupation the applicant has engaged in for ten years immediately preceding the date of the filing of the application with names and addresses of employers, the date and place of any arrest or conviction of a crime where there has not been any order annulling or expunging the sentence or of any offense involving moral turpitude, whether the applicant has received treatment for any psychiatric or psychological disorder, or whether the treatment has ever been recommended, and such information, including fingerprints of the applicant and such other information as the board may require to investigate the character, competency, and integrity of the applicant. The board shall conduct such investigation of the applicant's background, character, competency, and integrity as it deems appropriate, and shall request, in accordance with section 846-2.7, criminal history records of the applicant from each jurisdiction in which the application form indicates the applicant lived for any substantial period of time. The Hawaii criminal justice data center shall provide such information on request to the director of commerce and consumer affairs. [L 1961, c 77, pt of §1; Supp, §165A-9; HRS §463-9; am L 1983, c 40, §7; am L 1987, c 57, §5; am L 1992, c 202, §149; am L 1997, c 40, §17; am L 2003, c 95, §13; am L 2010, c 208, §4]
Note
Repeal and reenactment on July 1, 2016, by L 2010, c 208, §8 deleted by L 2014, c 94, §3.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-10 Licenses; fees; renewal of licenses; inactive license.

§463-10 Licenses; fees; renewal of licenses; inactive license.
(a) The license shall state the name and address of the principal office or place of business of the licensee, the name under which the licensed business is to be conducted, and the name of the principal detective or principal guard, if the licensee is a detective agency or guard agency.
(b) Except as provided in section 463-10.5, the renewal fee and compliance resolution fund fees, or the inactive license fee, shall be paid to the board on or before June 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. The failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before June 30 of each even-numbered year shall result in the automatic forfeiture of the licensee's license.
(c) A forfeited license may be restored upon written application within one year of the date of expiration and upon submittal of all required documents, fees, delinquent fees, and a penalty fee.
(d) Upon written request by a licensee, the board may place that licensee's active license on an inactive status. The licensee, upon payment of the inactive license fee, may continue on inactive status for the applicable renewal period. A licensee may renew an inactive license upon notification to the board. The failure, neglect, or refusal of any licensee on inactive status to pay the inactive license fee shall result in the automatic forfeiture of the licensee's license. While on inactive status, a licensee shall not be engaged in the practice of a private detective, guard, or agency. Any person who violates this prohibition shall be subject to discipline under this chapter and the board's rules. The license may be reactivated at any time by filing an application for reactivation with the board and:
(1) Fulfilling all requirements established by the board, including the payment of the appropriate fees the licensee would have paid had the licensee continued to maintain the license on an active status; and
(2) Providing any information regarding any arrest or conviction of any crime that reflects unfavorably on the fitness of the licensee to engage in the profession, and information that the licensee, while on inactive status, has suffered a psychiatric or psychological disorder that is directly related and detrimental to the licensee's performance in the profession.
The board may deny an application for reactivation as provided in its rules.
(e) For the purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. [L 1961, c 77, pt of §1 and c 142, §11; Supp, §165A-10; HRS §463-10; am L 1975, c 118, §27; am L 1984, c 7, §70; am L 1992, c 202, §150; am L 1994, c 122, §6; am L 2004, c 94, §8; am L 2017, c 160, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-11 Association with government not to be implied.

§463-11 Association with government not to be implied.
No licensee shall use any designation or trade name which implies any association with any municipal, county, state, or territorial government or the federal government, or any agency thereof; nor shall a licensee or employee of any licensee wear any badge or uniform capable of being associated with the badge or uniform of any government law enforcement organization. [L 1961, c 77, pt of §1; Supp, §165A-11; HRS §463-11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-12 Bond.

§463-12 Bond.
Each licensee shall give to the board a bond in the sum of not less than $5,000 executed by the applicant as principal and by a surety company authorized to do business in the State as surety. The bond shall be in such form as the board may prescribe, conditioned upon the honest conduct of the business of the licensee, and the right of any person injured by the wilful, malicious, or wrongful act of the licensee to bring in the person's own name an action on the bond. [L 1961, c 77, pt of §1; Supp, §165A-12; HRS §463-12; gen ch 1985; am L 1994, c 122, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-13 Exemptions.

§463-13 Exemptions.
[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.]
This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons, firms, or corporations, or as to personal habits and financial responsibility, of applicants for insurance, indemnity bonds, or commercial credit, or an attorney-at-law in performing the attorney's duties as such attorney-at-law. [L 1961, c 77, pt of §1; Supp, §165A-13; HRS §463-13; gen ch 1985; am L 2010, c 208, §5]
Note
Repeal and reenactment on July 1, 2016, by L 2010, c 208, §8 deleted by L 2014, c 94, §3.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-14 Contingent fee.

§463-14 Contingent fee.
Compensation for services of detectives or guards shall not be based upon promissory notes or property other than that allegedly stolen which have been obtained from suspects or others in their behalf as restitution. [L 1961, c 77, pt of §1; Supp, §165A-14; HRS §463-14]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-15 Penalties.

§463-15 Penalties.
Any employee or former employee of a licensee who divulges any information gained by the employee or former employee in the course of such employment except as the employee's or former employee's employer directs or as required by law, or who wilfully makes a false report to the employee's or former employee's employer, shall be fined not more than $100 or imprisoned not more than six months, or both. Any person who violates any other provision of this chapter or any rule or regulation adopted by the board of detectives and guards under this chapter shall be fined not more than $500 or imprisoned not more than one year, or both. [L 1961, c 77, pt of §1; Supp, §165A-15; HRS §463-15; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463. Private Investigators and Guards › 463-17 Provisions severable.

§463-17 Provisions severable.
If any provision of this chapter or the application thereof to any person or circumstance should be held invalid by any court, the invalidity shall not affect the other provisions or applications of the section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable. [L 1983, c 40, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-1 Definitions.

§463E-1 Definitions.
As used in this chapter:
"Board" means Hawaii medical board.
"Department" means department of commerce and consumer affairs.
"Foot appliance" means any artificial apparatus used as a replacement for, an addition to, or in the treatment of the human foot whether it is medical, surgical, mechanical, manipulative, or electrical in nature.
"Podiatric medicine" means the medical, surgical, mechanical, manipulative, and electrical diagnosis and treatment of the human foot, malleoli, and ankle, including the surgical treatment of the muscles and tendons of the leg governing the functions of the foot, but does not include amputation above the ankle, treatment of systemic conditions, or the use of any anesthetic except local anesthetic.
"Podiatrist" means a person in the professional practice of podiatric medicine. [L 1973, c 80, pt of §1; am L 1982, c 204, §8; am L 1988, c 111, §1; am L 1989, c 240, §1; am L 2008, c 9, §3; am L 2014, c 69, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-2 License required.

§463E-2 License required.
Except as otherwise provided by law, no person shall practice, offer to practice, advertise, or announce oneself, either publicly or privately, as prepared or qualified to practice podiatric medicine, either gratuitously or for pay, or use any sign or advertisement or otherwise use the title "podiatrist", "D.P.M." or "doctor of podiatric medicine", "foot specialist", or any other term or terms indicating or implying that the person is practicing podiatric medicine, without having a valid unrevoked license obtained from the Hawaii medical board, as prescribed in this chapter. [L 1973, c 80, pt of §1; gen ch 1985; am L 1989, c 240, §2; am L 2008, c 9, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-3 Qualification for licensure.

§463E-3 Qualification for licensure.
No person shall be licensed to practice podiatric medicine unless the person has passed the examinations described in section 463E-4 and has been found to possess the necessary qualifications as required by the board.
Before any applicant shall be eligible for licensure, the applicant shall furnish satisfactory proof to the board that:
(1) The applicant is a graduate in podiatric medicine of a college approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association and by the Hawaii medical board; and
(2) The applicant has completed at least twenty-four months in an accredited podiatric residency, as approved by the Council on Podiatric Medical Education, prior to applying for licensure; provided that an applicant who has graduated from an approved college before January 1, 2004, shall:
(A) Have completed at least twelve months in an accredited podiatric residency;
(B) Have at least ten years of active licensed experience in podiatric medicine in another state; and
(C) Hold a current, unencumbered license in podiatric medicine in another state;
provided further that the residency and active licensed experience requirements in this paragraph shall not apply to podiatrists with current, active licenses to practice podiatric medicine in Hawaii. [L 1973, c 80, pt of §1; am L 1985, c 125, §2; gen ch 1985; am L 1986, c 273, §1; am L 1989, c 240, §3; am L 2008, c 9, §3; am L 2014, c 63, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-4 Examinations.

§463E-4 Examinations.
(a) The board shall require each applicant to furnish satisfactory evidence that the applicant has passed written examinations covering basic sciences, clinical sciences, and clinical competency as administered by the National Board of Podiatric Medical Examiners or its successor organization.
(b) The examinations shall be held in Honolulu twice a year at a time and day which is convenient for the board.
(c) The examinations shall be secured from and corrected by the National Board of Podiatric Medical Examiners or its successor organization. [L 1973, c 80, pt of §1; am L 1985, c 125, §3; am L 1986, c 273, §2; am L 1988, c 111, §2; am L 1993, c 182, §3]
Cross References
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-5 Fees; expenses.

§463E-5 Fees; expenses.
(a) No applicant shall be examined under this chapter until the applicant has paid to the board application, examination, and license fees. The board may provide separate fees for licensure by endorsement and for limited and temporary licenses.
(b) Every person holding a license under this chapter shall renew the license with the board no later than January 31 of each even-numbered year, pay a renewal fee, and comply with the continuing education requirements provided in rules adopted by the board.
(c) To determine compliance, the board may conduct a random audit. A licensee selected for audit shall be notified by the board. Within sixty days of notification, the licensee shall provide to the board documentation to verify compliance with the continuing education requirements.
(d) Failure to renew, pay the renewal fee, and in the case of audited licensees, provide documentation of compliance shall constitute a forfeiture of the license, which may be restored only upon the submission of written application therefor, payment to the board of a restoration fee, and in the case of audited licensees, documentation of compliance.
(e) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required. [L 1973, c 80, pt of §1; am L 1975, c 118, §26; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1986, c 273, §3; am L 1989, c 181, §6 and c 240, §4; am L 1990, c 34, §30; am L 1992, c 202, §151; am L 2001, c 66, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-6.5 Reporting requirements.

§463E-6.5 Reporting requirements.
(a) Every podiatrist licensed pursuant to this chapter who does not possess professional liability insurance shall report any settlement or arbitration award of a claim or action for damages for death or personal injury caused by negligence, error, or omission in practice, or the unauthorized rendering of professional services. The report shall be submitted to the department of commerce and consumer affairs within thirty days after any written settlement agreement has been reduced to writing and signed by all the parties thereto or thirty days after service of the arbitration award on the parties.
(b) Failure of a podiatrist to comply with the provisions of this section is an offense punishable by a fine of not less than $100 for the first offense, $250 to $500 for the second offense, and $500 to $1,000 for subsequent offenses.
(c) The clerks of the respective courts of this State shall report to the department any judgment or other determination of the court which adjudges or finds that a podiatrist is liable criminally or civilly for any death or personal injury caused by the podiatrist's professional negligence, error, or omission in the practice of the podiatrist's profession, or rendering of unauthorized professional services. The report shall be submitted to the department within ten days after the judgment is entered by the court.
(d) The department shall prescribe forms for the submission of reports required by this section. [L 1985, c 125, §5]