reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-6 Examination; license.

§461-6 Examination; license.
(a) Every applicant for a license as a pharmacist shall meet all qualifications set by the board including, but not limited to, passing all examinations as prescribed by rules of the board. The board shall determine the passing score for each examination.
(b) Every applicant for a license as a pharmacist, except an applicant applying under section 461-8.5, shall apply on a form to be supplied by the board and shall either file the form with the board at least sixty days before the examination, or if taking the examination in another state pursuant to the National Association of Boards of Pharmacy Score Transfer Program, shall file the form no later than ninety days after the examination. Each application shall be accompanied by application and examination fees. The board shall establish the schedule for examinations.
(c) Each applicant who successfully passes each required examination and meets all other requirements of the board shall pay a license fee.
(d) An applicant who fails an examination shall file an application for reexamination in the examination for which a passing score was not achieved and shall not be licensed until the applicant successfully passes all of the licensure examinations. [L 1949, c 175, pt of §1; RL 1955, §71-6; am L 1957, c 316, §11; HRS §461-6; am L 1979, c 10, §1; am L 1984, c 7, §62; am L 1986, c 143, §7; am L 1988, c 74, §1; am L 1992, c 196, §5; am L 1995, c 34, §3; am L 1998, c 42, §1]
Cross References
Disposal of examination records, see §94-5.
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-7 Temporary license.

§461-7 Temporary license.
(a) A registered pharmacist of any state or territory of the United States who does not have an encumbered license or any pending disciplinary action or unresolved complaints in any state or territory of the United States and who is not eligible for licensure by reciprocity under section 461-8.5 may be granted a temporary license by the board; provided that the person shall first pass a jurisprudence examination as required by the board.
(b) A temporary license shall not entitle the holder to a permanent license, and no permanent license shall be issued until the person has passed the remaining licensure examinations set forth in section 461-6. Only one temporary license shall be issued to the same applicant.
(c) A temporary license shall only remain in effect until the results of the next licensure examinations are announced; provided that the board may extend any temporary license, upon written request, and for good and just cause. Any applicant who fails to take or to pass the next licensure examination shall surrender the temporary license. The board shall receive a fee for the issuance of a temporary license. [L 1949, c 175, pt of §1; RL 1955, §71-7; am L 1961, c 142, §8(a); HRS §461-7; am L 1972, c 62, §1; am L 1973, c 105, §2; am L 1984, c 7, §63; am L 1985, c 223, §2; am L 1986, c 143, §8; am L 1988, c 74, §2; am L 1990, c 248, §2; am L 1995, c 34, §4; am L 1998, c 42, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-8.5 Reciprocity.

§461-8.5 Reciprocity.
(a) Any pharmacist who is registered or licensed under the laws of any state or territory of the United States with qualifications for licensure which equal or exceed those of this State, shall be eligible for licensure; provided that:
(1) The pharmacist possesses a current valid license;
(2) The pharmacist has practiced as a registered pharmacist for fifteen hundred hours or more within the five years preceding the date of application;
(3) There is no disciplinary action pending or other unresolved complaints against the pharmacist in any state or territory of the United States;
(4) The pharmacist does not have an encumbered license or a pending disciplinary action or unresolved complaint in the practice of pharmacy in any state or territory of the United States, or if any license has been or is encumbered, the pharmacist shall provide any information requested by the board; and
(5) The laws of the other state or territory grant reciprocal treatment to licensees of this State.
The board may examine these licensees only as to knowledge of this State's statutes and rules.
(b) An applicant applying for licensure pursuant to this section shall provide proof that the standards upon which licensure was granted by another state or territory of the United States are at least equivalent to the licensing standards that were in effect in this State under sections 461-5 and 461-6 at the time licensure in the other state or territory was granted.
(c) An applicant for reciprocity who is unable to demonstrate that licensure was based on standards at least equal to those in sections 461-5 and 461-6, may be issued a temporary license while fulfilling requirements necessary for licensure in this State. The requirements and limitations of a temporary license shall be the same as those under section 461-7. [L 1985, c 264, §2; am L 1990, c 248, §4; am L 1994, c 39, §3; am L 1995, c 34, §5; am L 1996, c 208, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-8.6 Wholesale prescription drug distributor license.

§461-8.6 Wholesale prescription drug distributor license.
It shall be unlawful for any person to operate, maintain, open, change location, or establish any wholesale prescription drug distribution business within the State without first having obtained a license from the board. [L 1992, c 196, §3]
Cross References
Regulation of wholesale prescription drug distributors, see chapter 328, pt VII.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-9 Pharmacist in charge; pharmacy personnel.

§461-9 Pharmacist in charge; pharmacy personnel.
(a) A registered pharmacist shall be in personal and immediate charge of the pharmacy and personnel employed in the pharmacy. Temporary absences of the registered pharmacist shall be unlawful except for periods of time and under circumstances as authorized under the rules of the board. During any absence of the registered pharmacist, prescriptions may not be filled, compounded, or received by telephone and no drugs shall be sold; provided that this shall not preclude the sale at those times of things that might be sold were the pharmacy a store not subject to this chapter. No person other than a registered pharmacist or a pharmacy intern under the registered pharmacist's immediate supervision shall fill or compound prescriptions except as provided by subsection (c).
(b) No person shall practice as a pharmacy intern without having first obtained a permit from the board. The board shall adopt rules pursuant to chapter 91 defining the functions of a pharmacy intern, establishing the requirements to be met by an applicant for a pharmacy intern permit, and specifying the duration of the permit and the procedures for the immediate supervision of the pharmacy intern by a registered pharmacist.
(c) A pharmacy technician may be employed to assist the registered pharmacist under rules adopted by the board pursuant to chapter 91 that define the qualifications and functions of the pharmacy technician and provide the procedures for control and supervision by a registered pharmacist. [L 1949, c 175, pt of §1; RL 1955, §71-9; HRS §461-9; am L 1983, c 23, §3; am L 1985, c 223, §3; gen ch 1985; am L 1986, c 143, §10; am L 1993, c 112, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-10 Pharmacies.

§461-10 Pharmacies.
Any proprietor or manager of a pharmacy who fails or neglects to place a registered pharmacist in charge thereof or who permits the compounding of prescriptions, or the vending of drugs, except by or under the immediate supervision of a registered pharmacist, shall be deemed to have violated this chapter. Any person who, not being a registered pharmacist, compounds prescriptions or vends drugs, while not subject to the immediate supervision of a registered pharmacist, shall be deemed to have violated this chapter. [L 1949, c 175, pt of §1; RL 1955, §71-10; HRS §461-10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-10.2 Return for disposal of unused, remaining, or expired drugs; pharmacy options.

§461-10.2 Return for disposal of unused, remaining, or expired drugs; pharmacy options.
(a) No pharmacy shall accept the return of any prescription drug unless:
(1) The pharmacy is collecting the prescription drug for disposal only; and
(2) The pharmacy is registered with the United States Drug Enforcement Administration as an authorized collector pursuant to title 21 Code of Federal Regulations section 1317.40.
(b) No prescription drug returned to the pharmacy for disposal shall be redispensed or returned for cash or credit.
(c) Any pharmacy accepting prescription drugs for disposal shall use the following methods:
(1) Secured collection receptacles in compliance with title 21 Code of Federal Regulations section 1317.75; or
(2) Mail-back programs.
(d) In any pharmacy accepting prescription drugs for disposal under this section, the pharmacist-in-charge shall ensure that only Drug Enforcement Administration approved reverse distributors acquire prescription drugs collected through collection receptacles and mail-back programs. [L 2019, c 183, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-11 Duties of registered pharmacist.

§461-11 Duties of registered pharmacist.
Every registered pharmacist in charge of a pharmacy shall comply with all laws and rules. The pharmacist shall be responsible for the management of the pharmacy and every activity thereof which is subject to this chapter shall be under the pharmacist's complete control.
All registered pharmacists shall notify the board of changes of business address within ten days. [L 1949, c 175, pt of §1; RL 1955, §71-11; HRS §461-11; am L 1983, c 23, §4; gen ch 1985; am L 1986, c 143, §11; am L 2000, c 11, §1; am L 2001, c 207, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-11.2 CLIA-waived tests; authority; permitting and education requirements; reporting.

§461-11.2 CLIA-waived tests; authority; permitting and education requirements; reporting.
(a) Unless otherwise authorized by law, a pharmacist shall only exercise the authority granted under paragraph (5) of the definition of "practice of pharmacy" in section 461-1 to order, perform, and report the results of certain CLIA-waived tests:
(1) After completing appropriate training that includes programs approved by the Accreditation Council for Pharmacy Education, curriculum-based programs from an Accreditation Council for Pharmacy Education-accredited college of pharmacy, state or local health department programs, or programs recognized by the board, and any regulations promulgated by the federal Centers for Medicare and Medicaid Services; and
(2) Upon application for and receipt of a permit pursuant to the requirements of section 321-13.
(b) Any pharmacist performing a CLIA-waived test for a patient shall report the results of the test to a minor patient's pediatrician or an adult patient's primary care provider, if such information is provided by the patient at the time of testing. The pharmacist shall attempt to solicit pediatrician or primary care provider information at the time of performing the CLIA-waived test.
(c) For any CLIA-waived tests performed, pharmacists shall follow all applicable state laws and rules regarding the reporting of diseases. [L 2023, c 103, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-11.4 Vaccinations; children

§461-11.4 Vaccinations; children
. (a) A pharmacist may administer:
(1) A vaccine to persons between fourteen and seventeen years of age pursuant to a valid prescription; and
(2) A human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine to persons between eleven and seventeen years of age pursuant to a valid prescription.
The pharmacist shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.
(b) After the vaccination is administered, the pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The pharmacist shall provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacists who administer vaccines to persons between the ages of fourteen and seventeen years or administer human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, and influenza vaccines to persons between the ages of eleven and seventeen years shall complete a training program approved by the Accreditation Council of Pharmacy Education for which a certificate of completion is issued. The pharmacist shall complete the training program and submit the completion certificate for the training program to the board prior to administering any vaccine to persons between the ages of fourteen and seventeen years and prior to administering any human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine to persons between the ages of eleven and seventeen years.
(e) For the purposes of this section, "medical home" means the primary care physician who, working in collaboration with the family, oversees the acute, chronic, and preventive health needs of the patient in a comprehensive, coordinated, and continuous fashion. [L 2012, c 42, §2; am L 2015, c 36, §3; am L 2017, c 68, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-11.6 Contraceptive supplies; authority to prescribe and dispense; requirements.

§461-11.6 Contraceptive supplies; authority to prescribe and dispense; requirements.
(a) A pharmacist may prescribe and dispense contraceptive supplies to a patient regardless of whether the patient has evidence of a previous prescription for contraceptive supplies from a licensed physician, advanced practice registered nurse, or other primary care provider authorized to prescribe contraceptive supplies.
(b) A pharmacist who prescribes and dispenses contraceptive supplies pursuant to subsection (a) shall:
(1) Complete an Accreditation Council for Pharmacy Education program approved by the board related to prescribing contraceptive supplies;
(2) Provide a self-screening risk assessment tool that a patient shall complete before the pharmacist prescribes any contraceptive supplies; provided that the self-screening risk assessment tool shall be based on the current version of the United States Medical Eligibility Criteria for Contraceptive Use developed by the federal Centers for Disease Control and Prevention;
(3) Refer the patient to the patient's primary care provider upon prescribing and dispensing the contraceptive supplies; provided that if the patient does not have a primary care provider, the pharmacist shall advise the patient to consult a licensed physician, advanced practice registered nurse, or other primary care provider of the patient's choice;
(4) Provide the patient with a written record of the contraceptive supplies prescribed and dispensed and advise the patient to consult with a primary care provider of the patient's choice; and
(5) Dispense the contraceptive supplies to the patient as soon as practicable after the pharmacist issues the prescription.
(c) A pharmacist who prescribes and dispenses contraceptive supplies pursuant to subsection (a) shall not require a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of contraceptive supplies. [L 2017, c 67, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-11.8 Opioid antagonist; authority to prescribe and dispense; requirements.

§461-11.8 Opioid antagonist; authority to prescribe and dispense; requirements.
[Repeal and reenactment on June 30, 2024. L 2019, c 255,
§4.]
(a) A pharmacist, acting in good faith and exercising reasonable care, may prescribe and dispense an opioid antagonist to an individual who is at risk for an opioid overdose or a family member or caregiver of an individual who is at risk of an opioid overdose regardless of whether the individual has evidence of a previous prescription for an opioid antagonist from a practitioner authorized to prescribe opioids. The opioid antagonist prescribed and dispensed for a family member or caregiver of an individual who is at risk for an opioid overdose may be prescribed and dispensed in the name of the individual who is to be treated with the opioid antagonist or in the name of the individual who is requesting the opioid antagonist, or an "Opioid Antagonist Recipient" or "OAR".
(b) A pharmacist who prescribes and dispenses opioid antagonists pursuant to subsection (a) shall:
(1) Complete a training program related to prescribing opioid antagonists that is approved by the Accreditation Council for Pharmacy Education (ACPE), a curriculum-based program from an ACPE-accredited college of pharmacy, a state or local health department program, or a program recognized by the board;
(2) Provide the individual who is receiving the opioid antagonist with information and written educational material on risk factors of opioid overdose, signs of an overdose, overdose response steps, and the use of the opioid antagonist; and
(3) Dispense the opioid antagonist to the individual who is at risk for an opioid overdose, family member, caregiver, or individual requesting the opioid antagonist for an individual at risk for an opioid overdose as soon as practicable after the pharmacist issues the prescription. [L 2018, c 154, §2; am L 2019, c 255, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-12 Adequate equipment.

§461-12 Adequate equipment.
A pharmacy that compounds drugs shall be equipped with adequate pharmaceutical equipment to ensure the proper compounding of prescriptions. The board shall by rules prescribe the minimum of professional and technical equipment and reference materials that a pharmacy shall at all times possess. [L 1949, c 175, pt of §1; RL 1955, §71-12; HRS §461-12; am L 1986, c 143, §12; am L 1998, c 70, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-13 Prescription record.

§461-13 Prescription record.
A pharmacy shall keep prescription records of each prescription compounded or dispensed at the pharmacy for a period of not less than five years. The prescription records shall at all times be open to inspection by the board of pharmacy and other law enforcement officers. [L 1949, c 175, pt of §1; RL 1955, §71-13; HRS §461-13; am L 1998, c 70, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-13.5 Pharmacies; prescription drug label information; accessibility.

§461-13.5 Pharmacies; prescription drug label information; accessibility.
(a) When dispensing a prescription drug to an individual who, as acknowledged by the individual, has difficulty seeing or reading standard printed labels on prescription drug containers, the dispensing pharmacy shall provide the individual with a means of access to obtain the prescription drug label information required pursuant to section 328-16(a) by:
(1) Including an electronic label affixed to the prescription drug container that transmits prescription drug label information, directions, and written instructions to an end-user's external accessible device, including an individual's compatible prescription drug reader; or
(2) Providing a prescription drug reader at no cost to the individual.
(b) Dispensing pharmacies shall make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers.
(c) Dispensing pharmacies shall otherwise follow the best practices as recommended by the United States Access Board for pharmacies in providing independent access to prescription drug label information.
(d) This section shall not apply to a pharmacy that is a sole proprietorship with no more than two pharmacists; provided that the pharmacy has requested and been granted an exemption from the requirements of this section by the board; provided further that the exemption shall be subject to an annual review and approval that the board may grant on a case-by-case basis upon a finding that compliance with this section would result in an undue burden for the pharmacy, determined by the board in accordance with the Americans with Disabilities Act (42 U.S.C. 12182). [L 2023, c 256, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-14 Permits for operation of pharmacy.

§461-14 Permits for operation of pharmacy.
(a) It shall be unlawful for any person to operate, maintain, open, change location, or establish any pharmacy within the State without first having obtained a permit from the board.
(b) Application for permits shall be made on a form to be prescribed by the board. Separate application shall be made and separate permits issued for each separate place at which is carried on any of the operations for which a permit is required.
(c) On evidence satisfactory to the board, a permit shall be issued, provided:
(1) That the pharmacy for which the permit is sought is or will be, in full compliance with this chapter and rules of the board;
(2) That the location and appointments of the pharmacy are such that it can be operated and maintained without endangering the public health or safety; and
(3) That the pharmacy will be under the personal and immediate supervision of a registered pharmacist.
(d) No application for a permit shall be refused except pursuant to this section and only after notice to the applicant and a full and fair hearing. [L 1949, c 175, pt of §1; RL 1955, §71-14; HRS §461-14; am L 1983, c 23, §5; am L 1986, c 143, §13; am L 2008, c 212, § §4, 7; am L 2009, c 11, §20 and c 96, §3; am L 2013, c 184, §2; am L 2014, c 9, §10]
Note
The repeal and reenactment note at this section in the main volume took effect on January 1, 2016, pursuant to L 2013, c 184, §2; L 2014, c 9, §10.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-15.5 Distribution of dialysate drugs and devices.

§461-15.5 Distribution of dialysate drugs and devices.
(a) The license, registration, and permit requirements of this chapter shall not apply to a manufacturer, wholesale distributor, manufacturer engaged in direct distribution to qualified persons, or third-party logistics provider, to the extent the manufacturer, wholesale distributor, manufacturer engaged in direct distribution to qualified persons, or third-party logistics provider is engaged in the distribution of dialysate drugs or devices necessary to perform home dialysis on patients with end-stage renal disease; provided that the following criteria shall be met:
(1) The dialysate drugs or devices are approved by the United States Food and Drug Administration, as required by federal law;
(2) The dialysate drugs or devices are lawfully held by a manufacturer or a manufacturer's agent that is properly licensed with the board as a manufacturer, wholesale distributor, or manufacturer engaged in direct distribution to qualified persons;
(3) The dialysate drugs or devices are held and delivered in the original, sealed, and labeled packaging from the manufacturing facility;
(4) The dialysate drugs or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of an order by a physician, a physician assistant, or an advanced practice registered nurse with prescriptive authority; and
(5) The manufacturer or the manufacturer's agent delivers the dialysate drugs or devices directly to:
(A) A patient with end-stage renal disease, or the patient's designee, for the patient's self-administration of dialysis therapy; or
(B) A health care provider or an institution for administration or delivery of dialysis therapy to a patient with end-stage renal disease.
(b) For the purposes of this section:
"Manufacturer" has the same meaning as in section 328-112.
"Third-party logistics provider" means an entity that provides or coordinates warehousing or other logistics services on behalf of a manufacturer, wholesale distributor, or dispenser of a product.
"Wholesale distributor" has the same meaning as in section 328-112. [L 2023, c 101, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-16 Fees for permits and licenses; renewal.

§461-16 Fees for permits and licenses; renewal.
(a) The board shall collect application, license, and permit fees for each permit to operate a pharmacy or for each license to operate as a wholesale prescription drug distributor and a fee for the issuance of a permit in accordance with section 461-15(a)(1), (5), (6) and (7).
(b) Permits issued under sections 461-14 and 461-15 and licenses issued under section 461-8.6 shall be conspicuously displayed in the place for which the permit or license was granted. The permits and licenses shall not be transferable, shall expire on December 31 of each odd-numbered year following the date of issuance, and shall be renewed biennially.
(c) The holder of an expired permit or an expired license to operate as a wholesale prescription drug distributor may have the same restored within three years of the date of expiration upon due application therefor and payment of the delinquent fees and a penalty fee; provided that in the case of an expired permit, the holder of the expired permit meets the requirements for the renewal of permits. [L 1949, c 175, pt of §1; am L 1953, c 76, §3; RL 1955, §71-16; am L 1961, c 142, §8(c), (d); HRS §461-16; am L 1975, c 118, §25(2); am L 1984, c 7, §66; am L 1986, c 143, §14; am L 1992, c 196, §6; am L 1993, c 259, §2; am L 2000, c 83, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-17 Penalties.

§461-17 Penalties.
Any person violating this chapter or the rules duly prescribed by the board of pharmacy shall be fined not more than $500, or imprisoned not more than six months, or both. [L 1949, c 175, pt of §1; RL 1955, §71-17; HRS §461-17; am L 1983, c 23, §6]
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 › 461. Pharmacists and Pharmacy › 461-18 Right of injunction.

§461-18 Right of injunction.
The department may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 1949, c 175, pt of §1; RL 1955, §71-18; HRS §461-18; am L 1986, c 143, §16]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-19 Application of law.

§461-19 Application of law.
This chapter shall not apply to any practitioner legally licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the practitioner's practice when the practitioner is handling drugs in the course of the practitioner's professional duties or prohibit the practitioner from personally supplying the practitioner's own patients with such prescription drugs if the prescription drugs fall within the practitioner's scope of authorized practice. [L 1949, c 175, pt of §1; RL 1955, §71-19; am L 1964, c 15, §5; HRS §461-19; gen ch 1985; am L 1995, c 34, §6; am L 1997, c 214, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461. Pharmacists and Pharmacy › 461-21 Disciplinary action.

§461-21 Disciplinary action.
(a) In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee or permit holder for any cause authorized by law, including but not limited to the following:
(1) Procuring a license through fraud, misrepresentation, or deceit;
(2) Professional misconduct, gross carelessness, or manifest incapacity;
(3) Permitting an unlicensed person to perform activities that require a license under this chapter;
(4) Violation of any of the provisions of this chapter or the rules adopted pursuant thereto;
(5) Violation of any state or federal drug, controlled substance, or poison law;
(6) False, fraudulent, or deceptive advertising;
(7) Any other conduct constituting fraudulent or dishonest dealings;
(8) Failure to comply with a board order;
(9) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(10) Habitual intemperance or addiction to the use of habit-forming drugs;
(11) Administering a vaccine, including a human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine, without complying with section 461-11.4; or
(12) Prescribing or dispensing contraceptive supplies without complying with section 461-11.6.
(b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant thereto shall be fined not less than $100 nor more than $1,000 for each violation.
(c) All proceedings for denial, suspension, fine, or revocation of a license or permit on any grounds specified in subsection (a) shall be conducted pursuant to chapter 91, including the right of judicial review. [L 1986, c 143, §2; am L 1992, c 202, §139; am L 2004, c 165, §4; am L 2012, c 42, §5; am L 2015, c 36, §4; am L 2017, c 67, §7 and c 68, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-2 Practice of physical therapy; qualifications.

§461J-2 Practice of physical therapy; qualifications.
(a) No person shall practice physical therapy gratuitously or for pay, offer to practice physical therapy, offer physical therapy or physical therapy services, or represent, advertise, or announce, either publicly or privately, that the person is a physical therapist or physiotherapist, unless the person is appropriately licensed under this chapter.
(b) No person shall use, in connection with the person's name or business, the words "licensed physical therapist", "physical therapist", or "physiotherapist", or the letters "RPT", "LPT", "DPT",
"PT", or any other words, letters, abbreviations, or insignia indicating or implying that the person is a physical therapist, unless the person is appropriately licensed as a physical therapist
under this chapter.
(c) No person shall use the title "physical therapist assistant", the letters "PTA", or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is appropriately licensed as a physical therapist assistant under this chapter.
(d) No person shall practice as a physical therapist or as a physical therapist assistant, except as licensed pursuant to this chapter and under the administrative rules determined by the board in accordance with chapter 91. [L 1985, c 276, pt of §1; am L 2013, c 220, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-2.3 Physical therapist use of support or auxiliary personnel

§461J-2.3 Physical therapist use of support or auxiliary personnel
. (a) A physical therapist may use support or auxiliary personnel, including licensed physical therapist assistants, to assist the physical therapist in the practice of physical therapy; provided that the support or auxiliary personnel shall:
(1) Perform only the duties prescribed in the rules of the board; and
(2) Perform these duties under the supervision and direction of a physical therapist.
(b) Physical therapists and physical therapist assistants shall provide proof of compliance with this section upon written request from the board. [L 2013, c 220, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-2.5 Prohibited practices. A physical therapist shall not use invasive procedures. For purposes of this section, an invasive procedure is the breaking or puncturing of a person's good skin integrity, for example, through surgery or injections. [L 1993, c 150, §1]

§461J-2.5
Prohibited practices.
A physical therapist shall not use invasive procedures. For purposes of this section, an invasive procedure is the breaking or puncturing of a person's good skin integrity, for example, through surgery or injections. [L 1993, c 150, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-3 Exemptions.

§461J-3 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 a physical therapist or a physical therapist assistant, or that the person is performing physical therapy or physical therapy services.
(b) Nothing in this chapter shall be construed to prohibit students in an educational program for physical therapists, physical therapist assistants, or physical therapist support personnel from participating in activities that are conducted as part of the educational program and are under the guidance and direct supervision of a licensed physical therapist.
(c) Nothing in this chapter shall be construed to prohibit a person licensed as a physical therapist or as a physical therapist assistant in another state or foreign country from practicing physical 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 Hawaii Chapter of the American Physical Therapy Association, 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 individual from acting as an athletic trainer under chapter 436H.
(e) Nothing in this chapter shall be construed to prohibit a physical therapist or physical therapist assistant who is practicing in the United States Armed Services, United States Public Health Service, or Department of Veteran Affairs pursuant to federal regulations for state licensure of healthcare providers from practicing as a physical therapist or physical therapist assistant; provided that if the person, while federally employed as a physical therapist or a physical therapist assistant, engages in the practice of physical 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.
(f) Nothing in this chapter shall be construed to prohibit a physical therapist who is licensed in a jurisdiction of the United States or another country from engaging in the practice of physical therapy if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies that temporarily practice, compete, or perform in the State for no more than sixty days in a calendar year. [L 1985, c 276, pt of §1; am L 1986, c 140, §2; am L 1987, c 59, §1; am L 1995, c 123, §1; am L 2013, c 220, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-4 Board of physical therapy; establishment, appointment, membership

§461J-4 Board of physical therapy; establishment, appointment, membership
. (a) There is established within the department of commerce and consumer affairs for administrative purposes the board of physical therapy. The board shall consist of seven members. Four members shall be physical therapists, one member shall be a physical therapist assistant, and two members shall be consumers. All members shall be at least eighteen years of age and residents of the State.
(b) Each physical therapist member of the board shall possess a valid permanent license as a physical therapist and shall have, after graduation from a school of physical therapy, at least three years of full-time experience or the equivalent in any of the following areas or in any combination of the following: clinical physical therapy services, administration in physical therapy or related health fields, or teaching in an educational program to prepare practitioners of physical therapy.
(c) The physical therapist assistant member of the board shall possess a valid permanent license as a physical therapist assistant and shall have, after graduation from an accredited physical therapist assistant program or an accredited physical therapy program, at least three years of full-time experience.
(d) The governor may appoint and fill each vacancy on the board pursuant to section 26-34. [L 1985, c 276, pt of §1; am L 1992, c 202, §140; am L 1993, c 150, §4 and c 322, §13; am L 1997, c 229, §1; am L 2009, c 11, §64; am L 2013, c 220, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-5 Powers and duties of board.

§461J-5
Powers and duties of board.
In addition to any other powers and duties authorized by law, the board may:
(1) Adopt, amend, or repeal rules in accordance with chapter 91 for the purposes of this chapter;
(2) Recommend the denial or withdrawal of accreditation from educational programs for failure to meet prescribed standards;
(3) Conduct hearings upon charges calling for discipline of a licensee or denial, suspension, limitation, or revocation of a license;
(4) Exercise the power to issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings;
(5) Enforce this chapter and the rules adopted pursuant thereto; and
(6) Keep a record of all its proceedings. [L 1985, c 276, pt of §1; am L 1992, c 202, §141]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-6 Permanent licenses.

§461J-6 Permanent licenses.
(a) An applicant for a permanent license to practice as a physical therapist or physical therapist assistant shall submit proof of educational qualifications and any other information required by the board on an application form prescribed by the board. The board shall maintain a current list of schools of physical therapy that are approved by an agency recognized by the United States Department of Education or Council on Postsecondary Accreditation.
In the case of foreign-trained persons, the board shall establish procedures for assessing the education and training to determine in each case whether it is equivalent to that of applicants trained in the United States.
(b) Except as provided under section 461J-7, every applicant for a permanent license who meets the qualifications established by the board shall take an examination administered by the board or an examination administered by a testing agency selected by the board. The board shall establish the schedule for examinations, determine the passing score, and notify applicants of the results of examinations according to rules adopted by the board. [L 1985, c 276, pt of §1; am L 1992, c 202, §142; am L 2013, c 220, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-7 Examination waiver.

§461J-7 Examination waiver.
The board may recommend licensing without written examination of an applicant who submits evidence satisfactory to the board that the applicant has scored equal to or higher than the established passing score of the examination administered by a testing agency selected by the board. [L 1985, c 276, pt of §1; am L 1989, c 148, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-7.5 Physical therapist assistant license without necessity of examination

§461J-7.5 Physical therapist assistant license without necessity of examination
. Any applicant who submits proof of graduation from an accredited physical therapist assistant program or an accredited physical therapy program recognized by the United States Department of Education, and five years of work experience as a physical therapist assistant by December 31, 2014, may be licensed as a physical therapist assistant under this chapter without the necessity of examination. [L 2013, c 220, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-8 License without necessity of examination or meeting the education requirement.

§461J-8 License without necessity of examination or meeting the education requirement.
All persons holding licenses as physical therapists from the department of health and in practice on the day prior to January 1, 1986, shall be licensed under this chapter on January 1, 1986, without necessity of examination or meeting the education requirement. [L 1985, c 276, pt of §1]
Revision Note
"January 1, 1986," substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-9 Temporary license.

§461J-9 Temporary license.
The board shall establish rules for issuing temporary licenses to applicants for permanent licenses either under section 461J-6 or 461J-7. The rules adopted by the board shall include provisions concerning the length of time for which temporary licenses are valid, the renewal of such licenses, and the need for supervision by a physical therapist holding a permanent license. [L 1985, c 276, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-10 Biennial renewal; failure to renew.

§461J-10 Biennial renewal; failure to renew.
(a)
The biennial renewal fee shall be paid to the department of commerce and consumer affairs 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 such date shall constitute a forfeiture of the license.
(b) A forfeited license may be restored upon written application within one year from the date of forfeiture,
provision of proof of completion of the required continuing competence units,
and the payment of the delinquent fee plus an amount equal to fifty per cent of the delinquent fee. [L 1985, c 276, pt of §1; am L 2013, c 35, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-10.1 Continuing competence

§461J-10.1 Continuing competence
. (a) Beginning with the December 31, 2016, renewal, each licensed physical therapist shall be required to obtain at least thirty units of approved continuing competence units in each two-year license renewal period, where one continuing competence unit is equivalent to at least fifty minutes of classroom or hands-on instruction.
(b) For first-time license renewals, if the initial license was issued less than twelve months prior to the renewal date, no continuing competence units will be required for the first renewal period. If the initial license was issued more than twelve months prior to the renewal date, the licensee shall be required to obtain fifteen units of approved continuing competence units for the first renewal period.
(c) At the time of renewal, each licensee shall submit evidence of completing the required continuing competence units to the board or agency designated by the board. Failure to present evidence of compliance at the time of renewal shall constitute a forfeiture of the license, which may be restored only upon written application and payment to the board of a restoration fee and proof of compliance with continued competence requirements.
(d) The board may randomly audit a licensee's continuing competence units, and may establish guidelines for random audits in rules adopted in accordance with chapter 91. [L 2013, c 35, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-10.11 Content standards of continuing competence.

§461J-10.11 Content standards of continuing competence.
(a) Continuing competence units shall be obtained in subjects related to either the professional practice of physical therapy or patient/client management.
(b) The "professional practice of physical therapy" includes but is not limited to professional accountability, professional behavior, and professional development.
(c) "Patient/client management" includes but is not limited to examination, evaluation, diagnosis, and prognosis; plan of care; implementation; education; and discharge. [L 2013, c 35, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-10.12 Continuing competence subject matter requirements and other limitations. For each renewal period, a licensee's continuing competence units shall include the following: (1) Two units in ethics, laws, and rules (jurisprudence), or some combination thereof; and (2) Four units in life support for health care professionals; provided that such training shall be comparable to, or more advanced than, the American Heart Association's basic life support health care provider course. [L 2013, c 35, pt of §1]

§461J-10.12
Continuing competence subject matter requirements and other limitations.
For each renewal period, a licensee's continuing competence units shall include the following:
(1) Two units in ethics, laws, and rules (jurisprudence), or some combination thereof; and
(2) Four units in life support for health care professionals; provided that such training shall be comparable to, or more advanced than, the American Heart Association's basic life support health care provider course. [L 2013, c 35, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 461J. Physical Therapy Practice Act › 461J-10.13 Authorized providers of continuing competence units.

§461J-10.13 Authorized providers of continuing competence units.
Continuing competence units shall be obtained from a provider or agency approved by the board, including but not limited to:
(1) Continuing education courses, including home- and self-study courses, obtained from an agency recognized by the board;
(2) College coursework from an educational institution accredited by the United States Department of Education or other agency recognized by the board; and
(3) Other competence related activities approved by the board or an agency recognized by the board. [L 2013, c 35, pt of §1]