reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-8 Witnesses in such proceeding.

§463E-8 Witnesses in such proceeding.
In any proceeding related to revocation or suspension of a license issued under this chapter, the board and each member of the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in the proceeding. The person whose license is sought in the proceeding to be revoked or suspended shall be entitled to require the board or any member of the board to subpoena and to administer oaths to any witness or witnesses who presents evidence relevant in the proceeding, and shall be entitled to examine any such witness and any other witness in the proceeding. The circuit court of the circuit in which the proceeding is held may enforce by proper proceeding the attendance and testimony of witnesses in the proceeding. [L 1973, c 80, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-9 Recalcitrant witnesses; contempt.

§463E-9 Recalcitrant witnesses; contempt.
If any person called before the board as a witness in any proceeding involving the revocation or suspension of a license, whether under subpoena or otherwise, except as privileged by law, refuses to answer any question which is relevant to the proceeding and is put to the person by the board, a member of the board, or the person whose license is sought to be revoked or suspended in the proceeding, or disobeys any order of the circuit court relating to the proceeding, the board shall report the matter in writing to any judge of the circuit court of the circuit in which the proceeding is held and the person shall be cited to appear before the circuit judge to show cause why the person should not be punished for contempt of court. [L 1973, c 80, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-10 Perjury.

§463E-10 Perjury.
Any person who wilfully and knowingly makes under oath any false statement in connection with any proceeding before the board shall be guilty of perjury and shall be subject to the penalty prescribed by law for perjury. Whenever the board is satisfied that the witness has committed perjury in any proceeding before the board, it shall report the same to the prosecuting officer of the county in which the perjury took place, who shall prosecute the witness for perjury. [L 1973, c 80, pt of §1]
Cross References
Perjury and related offenses, see chapter 710, pt V.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-11 Penalty.

§463E-11 Penalty.
Any person who violates this chapter shall be guilty of a misdemeanor. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1973, c 80, pt of §1; am L 1986, c 273, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-12.5 Delegation of duties.

§463E-12.5 Delegation of duties.
Except for proceedings under section 463E-6 and the adoption of rules under section 463E-12, the board may delegate its duties under this chapter to a committee of not less than three podiatrists licensed under this chapter appointed by the board; provided that the board shall ratify any action taken by the committee. [L 1978, c 163, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-14 Discrimination prohibited.

§463E-14 Discrimination prohibited.
No department, office, or agency of the state or county government, or any subdivision thereof, or any clinic, medical service, insurance carrier, or any board administering relief or foundations under the law of the State shall deny to the recipient or beneficiary of podiatric aid or services the freedom to choose podiatric care or services which are within the scope of activities of a podiatrist licensed under this chapter. [L 1973, c 80, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-15 Use of podiatrist; public programs.

§463E-15 Use of podiatrist; public programs.
Whenever medical or surgical services within the scope of activities of a podiatrist licensed under this chapter are included in any program financed by public funds or administered by any public agency for aid to the indigent, the aged, the legally blind, or any other group or class, the recipient of such aid shall be entitled to choose whether the services are to be performed by a duly licensed physician or by a duly licensed podiatrist. [L 1973, c 80, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 463E. Podiatrists › 463E-16 Qualifications; ankle fracture surgery.

§463E-16 Qualifications; ankle fracture surgery.
A podiatric physician may perform ankle fracture surgery if the podiatric physician is board qualified or board certified in reconstructive rearfoot ankle surgery by the American Board of Podiatric Surgery and has completed a thirty-six-month podiatric surgical residency. [L 2014, c 69, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-2 Licensing of practicing engineers, etc.

§464-2 Licensing of practicing engineers, etc.
In order to safeguard life, health, and property, no person except those exempted by sections 464-3 and 464-5 shall practice professional engineering, architecture, land surveying or landscape architecture in the State unless the person is duly licensed under this chapter. [L 1923, c 227, §1; RL 1925, §3683; am L 1931, c 165, §1; RL 1935, §7030; RL 1945, §7602; RL 1955, §166-2; HRS §464-2; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §4]
Case Notes
Contract made by unregistered architect, although illegal, is not necessarily void. 57 H. 124, 551 P.2d 525 (1976).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-3 Persons exempt from licensure.

§464-3 Persons exempt from licensure.
Persons practicing professional engineering, architecture, land surveying, or landscape architecture solely as officers or employees of the United States shall be exempted from the provisions of this chapter. [L 1923, c 227, §8; RL 1925, §3690; am L 1931, c 165, §5; RL 1935, §7031; RL 1945, §7603; RL 1955, §166-3; am L 1961, c 142, §12(a); HRS §464-3; am L 1970, c 85, §1; am L 1983, c 155, §1; am L 1989, c 210, §5; am L 1997, c 8, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-4 Public works.

§464-4 Public works.
(a) Notwithstanding any other provision to the contrary, public works projects involving:
(1) Alteration or new construction shall be required to have:
(A) Plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect. The licensed professional engineer, architect, or landscape architect, as the case may be, shall stamp the plans or specifications, and indicate that the licensee has prepared or supervised the preparation of the plans or specifications; and
(B) A licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the alteration or new construction. For the observation of construction of these types of public works projects, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.
(2) Maintenance work shall:
(A) Not be required to have plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect; and
(B) Be required to have a licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the maintenance work. For the observation of construction of this type of public works project, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.
(b) All land surveys involving property boundaries for public purposes or plans thereof shall be made or supervised by a licensed surveyor. The licensed land surveyor shall stamp the land surveys or plans, and indicate that the licensee has prepared or supervised the preparation of the land surveys or plans.
(c) For purposes of this section:
"Maintenance" means minor repairs or replacement work which do not affect or involve the structural integrity of the public works project.
"Public works projects" means projects undertaken by the State, counties, or any political subdivisions thereof. [L 1923, c 227, §9; RL 1925, §3691; am L 1931, c 165, §6; RL 1935, §7032; RL 1945, §7604; RL 1955, §166-4; HRS §464-4; am L 1970, c 85, §1; am L 1988, c 226, §2; am L 1989, c 210, §6; am L 2002, c 53, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-5 Limitation upon application of chapter.

§464-5 Limitation upon application of chapter.
Nothing in this chapter shall prevent any person from engaging in engineering, architectural, or landscape architectural work and undertakings upon property owned or exclusively controlled or possessed by that person, or from hiring any person to do the work and undertakings, unless the work and undertakings involve the safety or health of the public, nor shall anything in this chapter prevent any person from engaging in land surveying upon property owned or exclusively controlled or possessed by that person or from hiring any person to do the work, unless the work involves a common boundary.
Nothing in this chapter shall be construed as applying to the business conducted in this State by any agriculturist, horticulturist, tree expert, arborist, forester, gardenshop operator, nursery operator or landscape nursery operator, gardener, landscape gardener, landscape contractor, landscape designer, landscape consultant, garden or lawn caretaker, or cultivator of land, as these terms are generally used, except that no person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed under the provisions of this chapter.
All engineering work, architectural work, and landscape architectural work in which the public safety or health is involved shall be designed by and the construction observed by a duly licensed professional engineer, architect, or landscape architect, respectively. [L 1923, c 227, §10; RL 1925, §3692; am L 1931, c 165, §7; RL 1935, §7033; RL 1945, §7605; RL 1955, §166-5; HRS §464-5; am L 1970, c 85, § §1, 3; am L 1988, c 226, §3; am L 1989, c 210, §7; gen ch 1993]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-6 Board of professional engineers, etc., members; appointment; tenure; qualifications.

§464-6 Board of professional engineers, etc., members; appointment; tenure; qualifications.
There shall be a state board of professional engineers, architects, surveyors, and landscape architects hereinafter called "the board". The board shall consist of fourteen members, including at least four professional engineers, three professional architects, two professional surveyors, two professional landscape architects, and three public members. Each county shall be represented by at least one member who is a resident of the county. Each member shall hold over after the expiration of the member's term until the member's successor is duly appointed and qualified.
Each member shall have been a resident of the State for at least three years. A member representing the profession shall have been engaged in the practice of the member's profession for at least five years immediately preceding the date of the member's appointment. Any member of the board who incurs expenses in connection with the preparation and grading of examination papers shall be reimbursed for those expenses with the approval of the department. [L 1923, c 227, §2; RL 1925, §3684; am L 1933, c 134, § §1, 6; RL 1935, §7035; RL 1945, §7607; am L 1949, c 306, §2; RL 1955, §166-6; am L Sp 1959 2d, c 1, §5; am L 1967, c 85, §2; HRS §464-6; am L 1970, c 85, §4; am L 1978, c 208, §12; am L 1982, c 204, §8; am L 1983, c 155, §2; gen ch 1985; am L 1989, c 210, §8; am L 1992, c 202, §153; ree L 1993, c 322, §14]
Cross References
Design claim conciliation panel, see chapter 672B.
Attorney General Opinions
This statute is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-7 Powers and duties of board; secretary; records.

§464-7 Powers and duties of board; secretary; records.
In addition to any other powers and duties authorized by law, the board may compel the attendance of witnesses upon subpoena, administer oaths, take testimony, and do all other things necessary and proper to carry out this chapter in all matters within its jurisdiction. It shall adopt and have an official seal and adopt, subject to chapter 91 and with the approval of the governor and the director of commerce and consumer affairs, rules for the performance of its duties and the carrying on of its business and the enforcement of this chapter, including, but not limited to, rules which define the branches of engineering in which licensure shall be offered, clarify the qualifications needed for licensure, and set forth practice requirements. It shall have a chairperson, a vice-chairperson, and a secretary, and a quorum shall consist of not less than six members.
The board shall keep a record of its proceedings and all applicants for licensure as engineers, architects, surveyors, or landscape architects, the date of application, name, educational and other qualifications, address, whether or not an examination was required, and whether or not the applicant was licensed and a certificate issued to the applicant and the date of the action. The records shall be prima facie evidence of all matters therein contained. [L 1923, c 227, §3; RL 1925, §3685; am L 1933, c 40, §1; RL 1935, §7036; RL 1945, §7608; am L 1949, c 306, §3; RL 1955, §166-7; am L Sp 1959 2d, c 1, § §14, 15; am L 1961, c 184, §24; am L 1963, c 114, § §1, 3; am L 1965, c 96, §106; am L 1967, c 9, §1; HRS §464-7; am L 1970, c 85, §1; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 155, §3; gen ch 1985; am L 1988, c 226, §4; am L 1989, c 210, §9; am L 1992, c 11, §1 and c 202, §154; am L 1997, c 8, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-10 Licensees; suspension or revocation of licenses; fines; hearings.

§464-10 Licensees; suspension or revocation of licenses; fines; hearings.
In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew the license of any licensee for any cause authorized by law, including but not limited to fraud or deceit in obtaining the license or gross negligence, incompetency, or misconduct in the practice of the profession, or violating this chapter or the rules of the board. Any person may prefer charges in writing with the executive secretary of the board against any person holding a license.
In every case where it is proposed to impose any penalty under this section, the board shall give the licensee concerned notice and hearing in conformity with chapter 91. The notice shall be given in writing by registered or certified mail with return receipt requested at least fifteen days before the hearing.
In all proceedings before it, the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the board or of any member thereof, or of any subpoena issued by it or by a member, or the refusal of any witness to testify to any matter regarding which the person may be questioned lawfully, any circuit judge, on application by the board or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein.
Any licensee who violates this chapter or the rules adopted pursuant thereto may also be fined not less than $500 nor more than $1,000 per violation. Each day of violation or failure to comply shall constitute a separate offense. [L 1923, c 227, §5; RL 1925, §3687; am L 1931, c 165, §3; RL 1935, §7038; RL 1945, §7610; RL 1955, §166-10; HRS §464-10; am L 1979, c 94, §1; am L 1983, c 155, §6; gen ch 1985; am L 1986, c 24, §2; am L 1989, c 210, §12; am L 1992, c 202, §157]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-11 Contents of certificates; use of seal mandatory when.

§464-11 Contents of certificates; use of seal mandatory when.
Each certificate of licensure issued hereunder shall bear the date of the original license and shall specify whether the person to whom it is issued is authorized by the board to practice professional engineering, architecture, land surveying or landscape architecture.
In the case of a certificate issued to a person authorizing the person to practice professional engineering, the certificate shall furthermore indicate the major branch or branches of engineering in which the person has especially qualified.
Every licensee may use a seal or rubber stamp of the design authorized by the board bearing the licensee's name and the words "licensed professional engineer", "licensed architect", "licensed land surveyor", or "licensed landscape architect", or otherwise as may be authorized by the board.
All plans, specifications, maps, and reports prepared by or under the supervision of a licensed engineer, architect, surveyor, or landscape architect shall be stamped with such seal or stamp when filed with public officials. It shall be unlawful for anyone to seal or stamp any document with such seal or stamp after the license has expired or has been revoked or suspended unless such license has been renewed or reissued.
No official of the State nor of any political subdivision thereof, charged with the enforcement of laws or ordinances relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect or with the seal of a licensed engineer who has qualified in the structural engineering branch, unless the building or structure, for which the plans or specifications are submitted is exempted from this chapter, and no map or survey shall be filed in the land court unless stamped with the seal of a licensed land surveyor. [L 1923, c 227, §6; RL 1925, §3688; am L 1931, c 165, §4; am L 1933, c 134, §2; RL 1935, §7039; RL 1945, §7611; RL 1955, §166-11; HRS §464-11; am L 1970, c 85, § §1, 6; am L 1983, c 155, §7; gen ch 1985; am L 1989, c 210, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-12 Corporations and partnerships.

§464-12 Corporations and partnerships.
A corporation or copartnership may engage in the practice of professional engineering, architecture, surveying, or landscape architecture in the State if the person or persons connected with the corporation or copartnership directly in charge of the professional work is duly licensed. [L 1923, c 227, §7; RL 1925, §3689; am L 1933, c 134, §3; RL 1935, §7040; RL 1945, §7612; RL 1955, §166-12; HRS §464-12; am L 1970, c 85, §1; am L 1983, c 155, §8; am L 1989, c 210, §14; am L 1997, c 8, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-13 Structures exempted from provisions of chapter.

§464-13 Structures exempted from provisions of chapter.
(a) The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied building or structure, the estimated cost of which does not exceed $40,000, nor to any privately controlled two-storied building or structure, the estimated cost of which does not exceed $35,000.
(b) The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied residence, the estimated cost of which does not exceed $180,000, nor to any privately owned or privately controlled two-storied residence, the cost of which does not exceed $162,000.
(c) Whenever the exemption provided for in subsection (b) is applied to the construction of a new residence, it shall be noted and recorded with the bureau of conveyances.
(d) Notwithstanding subsections (a) and (b), the following work shall not be exempt from the requirements of this chapter:
(1) Any building, structure, or residence in which the principal structural members consist of reinforced concrete or structural steel having riveted, bolted, or welded connections;
(2) Any structure or improvement for which the State, a county, or political subdivision requires the use of an appropriately licensed design professional, including but not limited to:
(A) Structures within special management areas, flood hazard areas, and special design districts; or
(B) Improvements resulting from conditional use or other discretionary zoning permits, code compliances or variances, and building permit expediting procedures; and
(3) Any improvement resulting from rules established by a landowner or an association of owners for private property owned by the landowner or association of owners. [L 1931, c 165, §9; RL 1935, §7041; RL 1945, §7613; RL 1955, §166-13; am L 1961, c 151, §1; HRS §464-13; am L 1969, c 146, §2; am L 1979, c 113, §1; am L 2023, c 177, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-14 Unlicensed activity; penalties.

§464-14 Unlicensed activity; penalties.
(a) Any person who practices, offers to practice, or holds oneself out as authorized and qualified to practice professional engineering, architecture, land surveying, or landscape architecture in the State, except as provided in sections 464-3 and 464-5; or who uses the title "engineer", "architect", "land surveyor" or "landscape architect", or any title, sign, card, or device to indicate that such person is practicing professional engineering, architecture, land surveying, or landscape architecture, or is a professional engineer, architect, land surveyor, or landscape architect, without having first acquired a license in accordance with this chapter and without having a valid unexpired license; or who uses or attempts to use as the person's own the seal, certificate or license of another, or who falsely impersonates any duly licensed practitioner hereunder, or who uses or attempts to use an expired, suspended, or revoked license shall be fined not more than $500 or imprisoned not more than one year, or both.
(b) Any corporation or copartnership which advertises that it furnishes architectural, engineering, land surveying, or landscape architectural services in the making of plans or specifications or in the construction of any building or other structure, without first complying with section 464-12; or any corporation or copartnership which furnishes or offers to furnish architectural, engineering, land surveying, or landscape architectural services for the construction of any building, structure, project, or utility in the State, without first complying with section 464-12, shall be fined not more than $1,000. Notwithstanding any law to the contrary, persons, corporations, or copartnerships working on structures exempted in section 464-13 shall not be affected by this subsection. [L 1923, c 227, §11; RL 1925, §3693; am L 1931, c 165, §8; am L 1933, c 134, §4; RL 1935, §7042; RL 1945, §7614; RL 1955, §166-14; HRS §464-14; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §15; am L 1993, c 127, §2]
Case Notes
Nonrenewal of registration held not to warrant forfeiture of contract rights in addition to penal sanctions of this section. 57 H. 124, 551 P.2d 525 (1976).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 464. Professional Engineers, Architects, Surveyors and Landscape Architects › 464-15 Remedies or penalties cumulative.

§464-15 Remedies or penalties cumulative.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 24, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-2 License required.

§465-2 License required.
Except as otherwise provided in this chapter, it shall be unlawful to represent one's self as a psychologist or engage in the practice of psychology without having first obtained a license as provided in this chapter. [L 1967, c 290, pt of §1; HRS §465-2; am L 1971, c 84, §2; am L 1985, c 115, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-3.5 Public service employment.

§465-3.5 Public service employment.
(a) Notwithstanding other provisions in this chapter the director of health may certify that there is an absence or shortage of licensed psychologists for government employment in a particular locality. Upon receiving certification of the absence or shortage, the board shall authorize the director to hire and retain persons currently in government employment to fill the absence or shortage; provided persons hired or retained have been duly licensed as a psychologist by written examination under the laws of another state or territory of the United States prior to 1977.
(b) Persons hired and retained under this section shall be exempt from the requirements of this chapter for no more than eighteen months while employed in a government position that the director continues to certify as subject to an absence or shortage.
(c) In no case shall persons hired and retained under the provisions of this section provide private patient care for a fee. [L 1992, c 265, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-4 Board of psychology; appointment, qualifications, term, expenses.

§465-4 Board of psychology; appointment, qualifications, term, expenses.
There is created a board of psychology consisting of seven members. There shall be five members representing varied specialties of the profession, each of whom shall be licensed to practice psychology under this chapter and have a minimum of five years of post-doctoral professional experience, and two lay members from the community at large. A lay member shall not be a psychologist, an applicant, or former applicant for licensure as a psychologist. [L 1967, c 290, pt of §1; HRS §465-4; am L 1982, c 204, §8; ree L 1983, c 136, §2; am L 1985, c 115, §6; am L 1987, c 72, §1; am L 1992, c 202, §158; ree L 1993, c 322, §15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-6 Powers and duties.

§465-6 Powers and duties.
In addition to any other powers and duties authorized by law, the board shall:
(1) Examine the qualifications of applicants for licensing under this chapter to determine their eligibility for licensing as psychologists;
(2) Administer and grade examinations for applicants as may be required for the purposes of this chapter. The board shall determine the examinations and the score that shall be deemed a passing score. Examinations shall be scheduled at least once annually;
(3) Keep a record of action taken on all applicants for licensing; the names of all persons licensed; petitions for temporary permits; actions involving suspension, revocation, or denial of licenses; decisions on waiver of examination in whole or in part and receipt and disbursal of any moneys; and
(4) Adopt, amend, and repeal pursuant to chapter 91, rules as it deems proper for the purposes of this chapter. [L 1967, c 290, pt of §1; HRS §465-6; am L 1971, c 84, §4; am L 1983, c 136, §3; am L 1985, c 115, §8; am L 1987, c 72, §2; am L 1992, c 202, §159; am L 1997, c 37, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-7 Requirements for licensing.

§465-7 Requirements for licensing.
(a) Every applicant for a license as a psychologist shall submit evidence satisfactory to the board that the applicant meets the following requirements:
(1) The applicant for licensure shall possess a doctoral degree from:
(A) An American Psychological Association approved program in clinical psychology, counseling psychology, school psychology, or programs offering combinations of two or more of these areas; or
(B) A professional psychology training program, awarded by an institution of higher education, or from a regionally accredited institution;
(2) The applicant for licensure shall demonstrate that the applicant has completed one year of post doctoral supervised experience in health service in psychology, and:
(A) An internship approved by the American Psychological Association; or
(B) One year of supervised experience in health service in psychology, in an internship or residency program in an organized health service training program; and
(3) The applicant for licensure has passed an examination as may be prescribed by the board.
(b) Notwithstanding subsection (a), a license may be issued to an applicant who holds:
(1) A diplomate certificate in good standing granted by the American Board of Professional Psychology;
(2) A current Certificate of Professional Qualification in Psychology issued by the Association of State and Provincial Psychology Boards; or
(3) A current National Register of Health Service Providers in Psychology credential.
(c) A license may be issued to a senior psychologist who:
(1) Holds a valid and current license in another jurisdiction in which the Examination for Professional Practice in Psychology was not required for licensure at the time of licensure or in a jurisdiction in which the Examination for Professional Practice in Psychology was required and the applicant obtained a score that was equal to or higher than the board's passing score at the time the applicant sat for the Examination for Professional Practice in Psychology;
(2) Before application in this jurisdiction, has been licensed as a psychologist for at least twenty years in United States or Canadian jurisdictions where that license was based on a doctoral degree. The total of twenty years shall be obtained by counting sequential, not concurrent, years of licensure;
(3) Has had no disciplinary sanction against the person's license in any jurisdiction during the entire period of being licensed as a psychologist; and
(4) Has submitted the application and fees as required. [L 1967, c 290, pt of §1; HRS §465-7; am L 1971, c 84, §5; am L 1983, c 95, §2; am L 1984, c 142, §1; am L 1985, c 68, §15 and c 115, §9; am L 1991, c 91, §1; am L 1994, c 125, §3; am L 1997, c 37, § §2, 3; am L 1998, c 40, §1; am L 2000, c 7, §2; am L 2003, c 79, §1; am L 2015, c 9, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-7.5 Foreign graduates.

§465-7.5 Foreign graduates.
An applicant trained in an institution other than an institution of higher education as defined in this chapter must demonstrate to the satisfaction of the board that the applicant possesses a doctoral degree in psychology, the requirements for which are substantially similar to the requirements for a doctoral degree in professional psychology as required in this chapter. The board shall consider the certification of the graduate division of the University of Hawaii that the degree from the foreign university is equivalent to a doctoral degree granted from an institution of higher education as defined in this chapter. [L 1986, c 46, §1; am L 1994, c 125, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-7.6 Licensure of state employed clinical psychologists.

§465-7.6 Licensure of state employed clinical psychologists.
(a) A psychologist employed in a civil service clinical psychologist position in this State after January 1, 1988, shall be licensed subject to:
(1) Meeting the requirements of section 465-7; and
(2) Obtaining licensure within two years from the date of employment.
(b) After the time period in subsection (a)(2) has expired, a psychologist, employed in a civil service clinical psychologist position rendering diagnostic or treatment services, who has not obtained a license, shall immediately cease and desist the practice of psychology until a license is obtained pursuant to this chapter. [L 1988, c 197, §3; am L 1997, c 37, §4; am L 2003, c 79, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-8 Licenses, issuance, display.

§465-8 Licenses, issuance, display.
Upon the board forwarding to the director the name of each applicant who is entitled to a license under this chapter and upon receipt of the prescribed fee, the director shall promptly issue to each applicant a license authorizing the applicant to engage in the practice of psychology for a period of two years. The license shall be in the form as the director shall determine. A licensed psychologist shall display the license in a conspicuous place in the psychologist's principal place of business. [L 1967, c 290, pt of §1; HRS §465-8; am L 1971, c 84, §6; am L 1975, c 118, §29(1); am L 1983, c 95, §3; am L 1985, c 115, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-9 Temporary permit.

§465-9 Temporary permit.
A person not licensed in the State who wishes to engage in the practice of psychology for a period not to exceed ninety days within a calendar year shall petition the board for a temporary permit. If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, the person shall be entitled to a temporary permit in the same manner and subject to the same conditions specified in section 465-8 applicable to the issuance of licenses. The period of ninety days may be extended at the discretion of the board but not to exceed ninety days. [L 1967, c 290, pt of §1; HRS §465-9; am L 1971, c 84, §7; am L 1985, c 115, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-10 Examination waiver.

§465-10 Examination waiver.
(a) The board may recommend licensing without written examination of an applicant who has not previously failed to pass an examination in psychology prescribed by the board and who submits evidence satisfactory to the board that the applicant is certified or licensed, and in good standing, to practice psychology in another state deemed by the board to have standards equivalent to this chapter.
(b) The director shall issue a license under this section in the same manner and subject to the same conditions specified in section 465-8. [L 1967, c 290, pt of §1; HRS §465-10; am L 1983, c 95, §4 and c 136, §4; am L 1985, c 115, §12; am L 1987, c 72, §3; am L 1997, c 37, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-12 Fees; disposition.

§465-12 Fees; disposition.
Application, examination, license, renewal, and temporary permit fees required by this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91. [L 1967, c 290, pt of §1; HRS §465-12; am L 1975, c 118, §29(3); am L 1976, c 97, §1; am L 1978, c 59, §1; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 136, §5; am L 1984, c 7, §73; am L 1985, c 115, §13; am L 1992, c 202, §160]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465. Psychologists › 465-15 Prohibited acts; penalties.

§465-15 Prohibited acts; penalties.
(a) No person shall:
(1) Use in connection with the person's name any designation tending to imply that the person is a licensed psychologist unless the person is duly licensed and authorized under this chapter;
(2) Represent oneself as a licensed psychologist during the time the person's license issued under this chapter is suspended or revoked;
(3) Advertise or make a representation, either publicly or privately, as being a psychologist, licensed or otherwise, or as being able to perform professional services described in section 465-1, except as otherwise provided in this chapter, without having a valid unrevoked license or temporary permit issued by the director; or
(4) Otherwise violate this chapter.
(b) Any person who violates this chapter shall be fined not more than $1,000 for each violation of this chapter or imprisoned not more than one year, or both. [L 1967, c 290, pt of §1; HRS §465-15; am L 1983, c 95, §7; am L 1985, c 115, §16; am L 1987, c 72, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-1 Findings and declaration of necessity.

§465D-1 Findings and declaration of necessity.
It is the intent of the legislature to establish standards for the licensing of behavior analysts to address the present and critical need for ensuring that those in the community requiring diagnosis and treatment for autism receive the care needed along with other healthcare needs. The special state interest for creating this chapter is recognized, notwithstanding the requirements of section 26H-6. [L 2015, c 199, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-2 Definitions.

§465D-2 Definitions.
For the purposes of this chapter:
"Applied behavior analysis" means interventions that are based on scientific research and the direct observation and measurement of behavior and the environment.
"Behavior Analyst Certification Board" means the international accredited Behavior Analyst Certification Board or its successor.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Licensed behavior analyst" means a person:
(1) Who engages in the practice of applied behavior analysis and uses the title of licensed behavior analyst;
(2) Who has been issued a license under this chapter; and
(3) Whose license is in effect and not revoked, suspended, or encumbered.
"Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. Practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Practice of applied behavior analysis also includes the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. Practice of applied behavior analysis expressly excludes psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. [L 2015, c 199, pt of §2; am L 2018, c 205, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-3 Behavior analyst program; established; personnel.

§465D-3 Behavior analyst program; established; personnel.
(a) Notwithstanding any other law, there is established a behavior analyst program within the department to be administered by the director.
(b) The department may employ necessary personnel without regard to chapter 76 to assist with the implementation and continuing functions of this chapter. [L 2015, c 199, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-4 License required.

§465D-4 License required.
(a) Beginning on January 1, 2016, except as specifically provided in this chapter, no person shall engage in the practice of applied behavior analysis or use the title "licensed behavior analyst" or "behavior analyst" without a valid license issued pursuant to this chapter.
(b) Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. [L 2015, c 199, pt of §2; am L 2018, c 205, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-5 Powers and duties of the director.

§465D-5 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:
(1) Grant, deny, renew, refuse to renew, restore, terminate, reinstate, condition, restrict, suspend, or revoke a license issued pursuant to this chapter;
(2) Grant permission to a person to engage in the practice of applied behavior analysis and to use the title of "licensed behavior analyst" or a description indicating that the person is a licensed behavior analyst in this State;
(3) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
(4) Administer, coordinate, and enforce this chapter;
(5) Discipline a licensed behavior analyst on grounds specified by this chapter or chapter 436B or for any violation of rules adopted by the director pursuant to this chapter; and
(6) Refuse to license a person for failure to meet the licensing requirements in this chapter or for any reason specified by this chapter as grounds to discipline a behavior analyst including but not limited to violations of the Behavior Analyst Certification Board's ethical guidelines for responsible conduct. [L 2015, c 199, pt of §2; am L 2018, c 205, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-6 Fees; disposition.

§465D-6 Fees; disposition.
(a) Upon issuance of a new license and at each license renewal period, each behavior analyst shall pay, in addition to a license fee or renewal fee, a surcharge of $50, which shall be maintained in a separate account within the compliance resolution fund established pursuant to section 26-9(o). At the end of each quarter, the moneys contained in the separate account established pursuant to this section shall be transferred to the compliance resolution fund until such time that the total transferred amounts equal the amount appropriated in section 5 of Act 199, Session Laws of Hawaii 2015. Thereafter, no surcharge shall be assessed, and any funds in excess of the amount appropriated in section 5 of Act 199, Session Laws of Hawaii 2015, shall be deposited into the compliance resolution fund.
(b) Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director shall establish examination, reexamination, license, renewal, restoration, enforcement, and other fees relating to the administration of this chapter by rule.
(c) Fees assessed pursuant to this chapter shall be used to defray costs incurred by the department in implementing this chapter. [L 2015, c 199, pt of §2; am L 2016, c 123, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-8 Application for licensure.

§465D-8 Application for licensure.
The department shall issue a license under this chapter to an applicant for behavior analyst if the applicant provides satisfactory evidence to the department that the applicant meets the requirements for licensure contained in this chapter and rules adopted by the director and if the applicant for behavior analyst:
(1) Successfully passed the Board Certified Behavior Analyst examination;
(2) Maintains active status with the Behavior Analyst Certification Board as a board certified behavior analyst or board certified behavior analyst-doctoral; and
(3) Pays all fees for licensure established by the director. [L 2015, c 199, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-9 Licensure by endorsement

§465D-9 Licensure by endorsement
. The director may issue a license by endorsement to an applicant who holds a current and unencumbered license as a behavior analyst in another state; provided that the requirements for a license in that state are deemed by the director to be equivalent to or higher than the current requirements for licensure in this State. [L 2015, c 199, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 465D. Behavior Analysts › 465D-10 Renewal of license.

§465D-10 Renewal of license.
Licenses issued pursuant to this chapter shall be valid for two years and shall be renewed upon the payment of a renewal fee within sixty days before the expiration of the license. Failure to renew a license shall result in forfeiture of that license. Licenses that have been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year shall result in the automatic termination of the license. A person whose license has been terminated pursuant to this section shall be required to reapply for a new license as a new applicant. [L 2015, c 199, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466. Public Accountancy › 466-1 Purpose.

Note
Part heading added by L 2012, c 324, §2.
Sections 466-1 to 466-17 designated as Part I by L 2012, c 324, §2.
§466-1 Purpose.
It is the policy of this State, and the purpose of this chapter to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial and noncommercial enterprises, whether public or private. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so, and that persons who have demonstrated and maintained such qualifications be permitted to hold themselves out as having such special competence or to offer such assurance; that the professional conduct of persons licensed as having special competence in accountancy be regulated in a manner consistent with nationally recognized standards of professional conduct; that a public authority competent to prescribe and assess the qualifications and to regulate the professional conduct of practitioners of public accountancy be established; and that the use of titles relating to the practice of public accountancy that are likely to mislead the public as to the status or competence of the persons using such titles be prohibited. [L 1973, c 158, pt of §2; am L 1989, c 110, §3]