reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-17 Fees.

§456-17 Fees.
Subject to section 456-18, every notary public is entitled to demand and receive the following fees:
(1) For noting the protest of mercantile paper, $5;
(2) For each notice and certified copy of protest, $5;
(3) For noting any other protest, $5;
(4) For every notice thereof and certified copy of protest, $5;
(5) For every deposition or official certificate, $5;
(6) For the administration of oath, including the certificate of the oath, $5; for affixing the certificate of the oath to every duplicate original instrument beyond four, $2.50;
(7) For taking any acknowledgment, $5 for each party signing; for affixing to every duplicate original beyond one of any instrument acknowledged before the notary public, the notary public's certificate of the acknowledgment, $2.50 for each person making the acknowledgment; and
(8) For any of the foregoing notarial acts performed for a remotely located individual under section 456-23, other than affixing a notary public's certificate to a duplicate original, $25. [CC 1859, §1276; L 1888, pt of c 6; am L 1917, c 132, §1; RL 1925, §3183; RL 1935, §5209; am L 1935, c 147, §1; RL 1945, §7676; am L 1951, c 281, §1; RL 1955, §168-16; HRS §456-17; am L 1976, c 146, §3; am L 1985, c 154, §1; am L 1995, c 141, §3; am L 2020, c 54, §16; am L 2021, c 230, §16]
Cross References
Modification of fees, see §92-28.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-18 Notaries in government service.

§456-18 Notaries in government service.
Except as otherwise provided for by law, the head of every department (which term as used in this chapter includes any department, board, commission, bureau, or establishment of the United States, or of the State, or any political subdivision thereof) may designate one or more of the head of every department's subordinates to be a notary public who, upon duly qualifying and receiving a commission as a notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
Any provision of this chapter to the contrary notwithstanding, a subordinate so designated and thus qualified and commissioned as a notary public in government service shall:
(1) Be authorized to perform the duties of a notary public in one or more of the judicial circuits of the State as the attorney general shall designate;
(2) Not be required to:
(A) Pay any fee to the clerk of any circuit court for filing a copy of the notary's commission;
(B) Pay any fee to the attorney general for the issuance of the notary's commission or the renewal thereof; or
(C) Furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate, in which event, the expense of furnishing any such bond shall be borne by the department concerned; and
(3) Not demand or receive any fee for the notary's service as a notary public; provided that where the occasion, in the judgment of the head of the department, is deemed one of urgent necessity and convenience, the notary may, but shall not be compelled to, administer oaths or take acknowledgments in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and covered into the notaries public special fund established by section 456-9.5, except that if that fund is terminated, the fees shall thereafter be deposited into the general fund of the State; provided further that with the prior written approval of the attorney general, the notary public, upon paying the fees prescribed by law and upon executing, depositing, and filing at the notary's own expense, the required official bond, may demand or receive the fees prescribed by law for services rendered by the notary in matters not pertaining to such public business. [L 1931, c 136, §1; RL 1935, §5210; am L 1941, c 322, §6; am L 1943, c 173, pt of §1; RL 1945, §7677; RL 1955, §168-17; HRS §456-18; gen ch 1985; am L 1998, c 290, §7; am L Sp 2021, c 9, §56]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-19 Notary public signing for disabled person.

§456-19 Notary public signing for disabled person.
A notary public may sign the name of a person physically unable to sign or to make a mark on a document presented for notarization; provided that the notary public is satisfied that the person has voluntarily given consent for the notary public to sign on the person's behalf, if the notary public writes, in the presence of the person: "Signature affixed by notary public pursuant to section 456-19, Hawaii Revised Statutes." beneath the signature, and if a doctor's written certificate is provided to the notary public certifying that the person is unable to physically sign or make a mark because of the disability, and that the person is capable of communicating the person's intentions. The certificate shall be attached to the document. [L 1995, c 141, §1; am L 2020, c 54, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-20 Failure to verify identity and signature.

§456-20 Failure to verify identity and signature.
(a) A person commits the offense of failure to verify identity if the person is a commissioned notary public and knowingly notarizes a document and if a witness to the signing of the instrument, fails to verify the identity of the signer by proof of the signer's signature and identity, or by obtaining satisfactory evidence of identity of a remotely located individual under section 456-23.
(b) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(c) A conviction under this section shall result in the automatic revocation of the notary public's commission. [L 2008, c 175, pt of §2; am L 2020, c 54, §18]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-21 Failure to authenticate with a certification statement.

§456-21 Failure to authenticate with a certification statement.
(a) A person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly performs a notarial act with respect to a document and fails to include any of the following in the notary certification:
(1) Date of notarization and signature of the notary public;
(2) The printed name, date of expiration, and stamp or seal of the notary public; and
(3) Identification of the jurisdiction in which the notarial act is performed.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be stamped, impressed, or attached on the certificate. If a notarial act is performed regarding a tangible record by a notary public and the certificate contains the information specified in this section, an official stamp shall be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in this section, an official stamp shall be attached to or logically associated with the certificate.
(c) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(d) A conviction under this section shall result in the automatic revocation of the notary public's commission. [L 2008, c 175, pt of §2; am L 2020, c 54, §19]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-22 Authority to refuse to perform notarial act.

§456-22 Authority to refuse to perform notarial act.
(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
(1) The person executing the document is competent or has the capacity to execute the document;
(2) The person's signature is knowingly and voluntarily made; or
(3) The notary public has proof of the signer's signature and identity or, if the person is a remotely located individual, satisfactory evidence of the identity under section 456-23.
(b) A notary public may refuse to perform a notarial act unless the refusal is prohibited by any provision of law other than this chapter. [L 2020, c 54, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-24 Remote online notaries public; application; qualifications.

§456-24 Remote online notaries public; application; qualifications.
(a) A notary public or an applicant for commission as a notary public may apply to the attorney general to be commissioned as a remote online notary public in the manner provided by this section.
(b) A person qualifies to be commissioned as a remote online notary public by:
(1) Satisfying the qualification requirements for commission as a notary public under this chapter;
(2) Paying any application fee established pursuant to subsection (c); and
(3) Submitting to the attorney general an application in the form prescribed by the attorney general that establishes the applicant's qualifications.
(c) The attorney general may charge a fee for an application submitted under this section in an amount necessary to administer this section.
(d) An individual commissioned as a remote online notary public under this section shall forthwith file a literal or photostatic copy of the individual's commission with the clerk of the circuit court of the circuit in which the remote online notary public resides.
(e) An individual commissioned as a remote online notary public under this section shall be deemed a notary public for purposes of this chapter and shall be subject to the requirements, powers, and duties of a notary public under this chapter. [L 2020, c 54, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-25 Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record

§456-25 Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record
. (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic documents. No person shall require a notary public to perform a notarial act with respect to an electronic document using a technology that the notary public has not selected.
(b) Prior to the performance of an initial notarial act with respect to an electronic document, the notary public shall notify the attorney general that the notary public will be performing notarial acts with respect to electronic documents and identify the technology the notary public intends to use; provided that the technology selected by a remote online notary public for remote online notarizations shall conform to the attorney general's standards developed for this chapter.
(c) The registrar of conveyances may accept for recording under chapter 502 a tangible copy of an electronic document containing a notarial certificate as satisfying any requirement that a document accepted for recording be an original; provided that the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic document. [L 2020, c 54, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-26 Validity of notarial acts

§456-26 Validity of notarial acts
. Except as otherwise provided in section 456-14(b), the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not validate or invalidate a notarial act performed by the notary public. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the document or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this State other than this chapter or based on the laws of the United States. This section shall not be deemed to validate a purported notarial act performed by a person who does not have the authority to perform notarial acts. [L 2020, c 54, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-27 Relation to the federal Electronic Signatures in Global and National Commerce Act

§456-27 Relation to the federal Electronic Signatures in Global and National Commerce Act
. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, title 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, title 15 United States Code section 7003(b). [L 2020, c 54, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-1 Purpose.

§457-1 Purpose.
In order to safeguard life and health, any person practicing or offering to practice as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse in this State for compensation shall be required to submit evidence that the person is qualified to so practice, and shall be licensed as provided in this chapter. It shall be unlawful for any person not licensed under this chapter to practice or offer to practice nursing as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse; or to use any sign, card, or device, or in any manner indicate or imply that the person is an advanced practice registered nurse, a registered nurse, or a licensed practical nurse. [L 1970, c 71, pt of §1; am L 1983, c 119, §1; am L 2004, c 88, §1; am L 2014, c 46, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-1.5 Practice of nursing.

§457-1.5 Practice of nursing.
(a) Nursing is a scientific process founded on a body of professional knowledge. It is a learned profession based on an understanding of the human condition across the lifespan of a client and the relationship of a client with others and within the environment. It is also an art dedicated to caring for others. The practice of nursing means assisting clients in attaining or maintaining optimal health, implementing a strategy of care to accomplish defined goals within the context of a client-centered health care plan, and evaluating responses to nursing care and treatment. Nursing is a dynamic discipline that is continually evolving to include more sophisticated knowledge, technologies, and client care activities. Nursing applies evidence-based practice to promote optimal client outcomes.
(b) The scope of nursing practices established in this chapter and by the rules of the board shall serve as general guidelines and are not intended to address the appropriateness of the use of specific procedures in any particular work setting or to grant permission to implement specific procedures in any particular work setting. [L 2010, c 57, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-2.5 Registered nurse

§457-2.5 Registered nurse
.
Practice as a registered nurse means the full scope of nursing, regardless of compensation or personal profit, that incorporates caring for all clients in all settings and is guided by the scope of practice authorized by this chapter, the rules of the board, and nursing standards established or recognized by the board including but not limited to:
(1) The National Council of State Boards of Nursing Model Nursing Practice Act, Article II, Scope of Nursing Practice, section 2; and
(2) The National Council of State Boards of Nursing Model Nursing Administrative Rules, Chapter Two, Standards of Nursing Practice, sections 2.2.2
through 2.2.6;
provided that NCSBN shall have no legal authority over the board and shall have no legal authority or powers of oversight of the board in the exercise of its powers and duties authorized by law. [L 2010, c 57, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-2.6 Licensed practical nurse

§457-2.6 Licensed practical nurse
.
Practice as a licensed practical nurse means the directed scope of nursing practice, regardless of compensation or personal profit, that takes place under the direction of a registered nurse, advanced practice registered nurse, licensed physician, or other health care provider authorized by the State, and is guided by the scope of practice authorized by this chapter, the rules of the board, and nursing standards established or recognized by the board including but not limited to:
(1) The National Council of State Boards of Nursing Model Nursing Practice Act, Article II, Scope of Nursing Practice, section 3; and
(2) The National Council of State Boards of Nursing Model Nursing Administrative Rules, Chapter Two, Standards of Nursing Practice, sections 2.3.1 through 2.3.3;
provided that NCSBN shall have no legal authority over the board and shall have no legal authority or powers of oversight of the board in the exercise of its powers and duties authorized by law. [L 2010, c 57, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-2.7 Advanced practice registered nurse.

§457-2.7 Advanced practice registered nurse.
(a) Practice as an advanced practice registered nurse means the scope of nursing in a category approved by the board, regardless of compensation or personal profit, and includes the registered nurse scope of practice. The scope of an advanced practice registered nurse includes but is not limited to advanced assessment; telehealth; and the diagnosis, prescription, selection, and administration of therapeutic measures including over the counter drugs, legend drugs, and controlled substances within the advanced practice registered nurse's role and specialty-appropriate education and certification.
(b) The advanced practice registered nurse's scope of practice supersedes the registered nurse's scope of practice. Advanced practice registered nurses shall practice within standards established or recognized by the board and be guided by the scope of practice authorized by this chapter, the rules of the board, and nursing standards established or recognized by the board including but not limited to:
(1) The National Council of State Boards of Nursing Model Nursing Practice Act, Article II, Scope of Nursing Practice, section 4; and
(2) The National Council of State Boards of Nursing Model Nursing Administrative Rules, Chapter Two, Standards of Nursing Practice, section 2.4.1;
provided that NCSBN shall have no legal authority over the board and shall have no legal authority or powers of oversight of the board in the exercise of its powers and duties authorized by law.
(c) An advanced practice registered nurse shall comply with the requirements of this chapter; recognize limits of the advanced practice registered nurse's knowledge and experience and planning for the management of situations that exceed the scope of authorized practice; and consult with or refer clients to other health care providers, as appropriate. [L 2010, c 57, pt of §2; am L 2014, c 159, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-3 State board of nursing; appointment; term of office.

§457-3 State board of nursing; appointment; term of office.
The board shall consist of nine members as follows:
(1) Six shall be registered nurses, one of whom shall be licensed as an advanced practice registered nurse in this State;
(2) One shall be a licensed practical nurse; and
(3) Two shall be public members.
Both nursing education and direct providers of nursing services shall be represented on the board. The term of office for members of the board shall be four years. No member shall be appointed to more than two consecutive terms or serve more than eight consecutive years. Six members of the board shall be residents of the city and county of Honolulu and three shall be residents of counties other than the city and county of Honolulu. [L 1970, c 71, pt of §1; am L 1978, c 208, §7; am L 1992, c 202, §106; am L 1994, c 277, §5; am L 2000, c 61, §1; am L 2014, c 46, §4; am L 2016, c 8, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-4 Qualifications of board members.

§457-4 Qualifications of board members.
(a) Each member of the board shall be a resident of this State.
Each registered nurse member of the board shall also:
(1) Be a graduate of a state-accredited educational program to prepare for becoming a registered nurse and have at least a bachelor's degree in nursing but preferably a graduate degree in nursing;
(2) Have a current, unencumbered license as a registered nurse in the State; and
(3) Have at least five years of experience after graduation in the practice of nursing as a registered nurse and at least three years of active nursing experience as a registered nurse immediately preceding appointment or reappointment.
(b) Each licensed practical nurse member of the board shall also:
(1) Be a graduate of a state-accredited educational program to prepare for becoming a licensed practical nurse;
(2) Have a current, unencumbered license as a licensed practical nurse in the State; and
(3) Have at least five years of successful experience in the practice of nursing as a licensed practical nurse after graduation and at least three years of active nursing experience as a licensed practical nurse immediately preceding appointment or reappointment.
(c) Each advanced practice registered nurse member of the board shall:
(1) Have current, unencumbered licensure by the board as an advanced practice registered nurse; and
(2) Have at least five years of experience in the practice of nursing as an advanced practice registered nurse and at least three years of active nursing experience as an advanced practice registered nurse immediately preceding appointment or reappointment. [L 1970, c 71, pt of §1; am L 1983, c 119, §2; am L 1992, c 234, §1; am L 1993, c 322, §9; am L 1994, c 277, §6; am L 2014, c 46, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-5.5 Nursys; verification of nurse license.

§457-5.5 Nursys; verification of nurse license.
Notwithstanding any other law to the contrary, the board of nursing may fully participate in Nursys by sharing licensure and discipline data with Nursys. By applying for nurse licensure, individuals shall consent to allowing the board to share their licensure and discipline data with Nursys. [L 2016, c 18, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-6.5 Application of National Council of State Boards of Nursing Model Nursing Practice Act and Model Nursing Administrative Rules.

§457-6.5 Application of National Council of State Boards of Nursing Model Nursing Practice Act and Model Nursing Administrative Rules.
(a) In accordance with chapter 91, the board shall adopt the provisions of the NCSBN Model Nursing Practice Act and Model Nursing Administrative Rules relating to the scope and standards of nursing practice for registered nurses, licensed practical nurses, and advanced practice registered nurses and shall adopt any subsequent modifications adopted by the Delegate Assembly of the NCSBN; provided that the board shall not be required to adopt rules or provisions that the board finds are inappropriate or inapplicable.
(b) If the board finds that any rule or provision of the NCSBN is inappropriate or inapplicable, the board shall state clearly in the record of the board's proceedings the board's rationale for rejecting or modifying the NCSBN's model rules.
(c) The NCSBN shall have no legal authority over the board and shall have no legal authority or powers of oversight of the board in the exercise of its powers and duties authorized by law. [L 2010, c 57, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-7.5 Delegation.

§457-7.5 Delegation.
(a) A registered nurse may delegate nursing care tasks, functions, and activities to unlicensed assistive personnel in a manner that is appropriate to the level of knowledge and skill of the unlicensed assistive personnel; provided that the delegation of tasks, functions, and activities complies with applicable federal and state laws; and provided further that the practice-pervasive functions of assessment, evaluation, and nursing judgment shall not be delegated.
(b) The delegating nurse is responsible for individually assessing the patient and the situational circumstances and for ascertaining the competence of the delegatee before delegating any task, function, or activity. The delegating nurse shall supervise, monitor, evaluate, and follow-up on instructions to a delegatee after delegating any task, function, or activity. The delegatee shall assume liability for accepting the delegation and for the delegatee's own actions in carrying out the delegated task, function, or activity.
(c) When delegating a task, function, or activity, a delegating nurse shall use the NCSBN delegation decision-making process as a model for decision-making. The delegating nurse shall consider and carefully analyze:
(1) Patient needs and circumstances;
(2) Qualifications of the proposed delegatee;
(3) The nature of the delegating nurse's delegation authority set forth in this chapter;
(4) The delegating nurse's personal competence in the area of nursing relevant to the task, function, or activity to be delegated; and
(5) The protocols contained in NCSBN documents, including but not limited to: Five Rights of Delegation, Delegation-Decision Making Tree, and The Continuum of Care Framework. [L 2010, c 57, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-8.7 Advanced practice registered nurses; abortions by medication or aspiration; refusal to perform.

§457-8.7 Advanced practice registered nurses; abortions by medication or aspiration; refusal to perform.
(a) Notwithstanding section 453-16 or any other law to the contrary, an advanced practice registered nurse may provide medication or aspiration abortion care in the first trimester of pregnancy, so long as the advanced practice registered nurse:
(1) Has prescriptive authority;
(2) Practices within the advanced practice registered nurse's practice specialty; and
(3) Has a valid, unencumbered license obtained in accordance with this chapter.
(b) The State shall not deny or interfere with a pregnant person's right to choose to:
(1) Obtain an abortion; or
(2) Terminate a pregnancy if the termination is necessary to protect the life or health of the pregnant person.
(c) Nothing in this section shall require any hospital or any person to participate in an abortion, nor shall any hospital or any person be liable for a refusal.
(d) For purposes of this section, "abortion" and "nonviable fetus" shall have the same meaning as defined in section 453-16. [L 2021, c 3, §2; am L 2023, c 2, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-8.8 Advanced practice registered nurses; global signature authority.

§457-8.8 Advanced practice registered nurses; global signature authority.
Notwithstanding any other law to the contrary, advanced practice registered nurses shall be authorized to sign, certify, or endorse all documents relating to health care within their scope of practice provided for their patients, including workers' compensation verification documents, verification and evaluation forms of the department of human services and department of education, verification and authorization forms of the department of health, and physical examination forms; provided that nothing in this section shall be construed to expand the scope of practice of advanced practice registered nurses. [L 2009, c 169, §5; am L 2014, c 45, §14]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-8.9 Advanced practice registered nurses; expedited partner therapy.

§457-8.9 Advanced practice registered nurses; expedited partner therapy.
Advanced practice registered nurses who meet the definition of a health professional as defined in section 453-51, shall be authorized to provide expedited partner therapy in accordance with part III of chapter 453. [L 2013, c 250, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-9.3 Learning activity options.

§457-9.3 Learning activity options.
The successful completion of one of the following shall meet the learning activity options requirements for continuing competency:
(1) National certification or recertification related to the nurse's practice role;
(2) Thirty contact hours of continuing education activities;
(3) Completion of a board approved refresher course;
(4) Completion of a minimum of two semester credits of post-licensure academic education related to nursing practice from an accredited nursing program;
(5) Participation as a preceptor, for at least one nursing student or employee transitioning into new clinical practice areas for at least one hundred twenty hours, in a one-to-one relationship as part of an organized preceptorship program; provided that the licensee may precept more than one student or employee during the one hundred twenty hours and shall be evidenced by documentation of hours completed and objectives of the preceptorship by the institution supervising the student;
(6) Completion as principal or co-principal investigator of a nursing research project that is an institution review board project or evidence-based practice project that has been preapproved by the board;
(7) Authoring or coauthoring a peer reviewed published nursing or health-related article, book, or book chapter;
(8) Developing and conducting a nursing education presentation or presentations totaling a minimum of five contact hours of actual organized instruction that qualifies as continuing education;
(9) Completion of a board-recognized nurse residency program; or
(10) A similar type of learning activity option; provided that the type of activity shall be recognized by the board. [L 2015, c 127, pt of §2]
Revision Note
Subsection (a) designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-9.5 Center for nursing fee.

§457-9.5 Center for nursing fee.
(a) Upon the issuance of a new license and at each license renewal period, each nurse shall pay an additional fee of $60, which shall be deposited in a separate account in the compliance resolution fund established pursuant to section 26-9(o).
[(b)] The director of commerce and consumer affairs shall disburse on a quarterly basis from the compliance resolution fund, established pursuant to section 26-9(o), to the credit of the center for nursing special fund all moneys deposited in the separate account established pursuant to [this section]. [L 2003, c 198, § §3, 6, 10; am L 2008, c 173, §2; am L 2012, c 53, §1; am L 2022, c 66, §2]
Revision Note
L 2003, c 198, §6 is codified to this section pursuant to §23G-15.
Cross References
Center for nursing special fund, see §304A-2163.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-11 Nursing education programs.

§457-11 Nursing education programs.
(a) An institution desiring to conduct a nursing education program to prepare for the practice of nursing [as] advanced practice registered nurses, registered nurses, or licensed practical nurses shall apply to the board and submit evidence that it is prepared to:
(1) Carry out a program in advanced practice nursing, registered nursing, or licensed practical nursing; and
(2) Meet the standards as shall be established by law and by the board.
(b) If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be approved as a nursing education program for advanced practice, registered, or licensed practical nurses.
(c) The approval standards shall include qualifications necessary for administrators and faculty members of the nursing education program; provided that the standards shall not include a requirement that each individual faculty member receive approval of the board prior to teaching in the program. The qualifications shall be reasonable and relevant to the proper teaching of the practice of nursing. In establishing the qualifications, the board shall consult with the University of Hawaii.
(d) From time to time as deemed necessary by the board, it shall be the duty of the board, through its authorized representative, to survey nursing education programs in the State. Written reports of the surveys shall be submitted to the board. If the board determines that any approved nursing education program is not maintaining the standards required by law and by the [board], notice thereof in writing specifying the discrepancies shall be immediately given to the institution conducting the program. A program that fails to correct these conditions to the satisfaction of the board within a reasonable time shall be discontinued after a hearing held in conformance with chapter 91. [L 1970, c 71, pt of §1; am L 1983, c 119, §8; am L 1984, c 182, §4; am L 2000, c 9, §3; am L 2004, c 88, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-13 Exceptions.

§457-13 Exceptions.
This chapter does not prohibit:
(1) The furnishing of nursing assistance in an emergency;
(2) The practice of nursing that is incidental to the program of study engaged in by students enrolled in nursing education programs accredited by the board;
(3) The practice of nursing under a nonrenewable permit by:
(A) A graduate of; or
(B) An applicant who has provided proof that the applicant has completed the entire educational curriculum required for graduation for a nursing license from,
a school that is in or under the jurisdiction of the United States, a territory, or a foreign jurisdiction, and whose accreditation is recognized by the board; provided that following completion of subparagraph (A) or (B), the candidate takes the first licensing examination scheduled by any board of nursing recognized by the board and has submitted to the board an application for a license to practice nursing in the State; provided further that the permit shall be valid for three months or until the results of the licensing examination are received by the board;
(4) The practice of any legally qualified nurse of another state who is employed by the United States or any bureau, division, or agency thereof, while in the discharge of the nurse's official duties;
(5) The practice of nursing in connection with healing by prayer or spiritual means alone in accordance with the tenets and practice of any well recognized church or religious denomination; provided that no person practicing the nursing described in this paragraph claims to practice as a registered nurse or a licensed practical nurse; or
(6) The administration of oral and topical medication and in emergency situations, other premeasured medication, by school health assistants as provided in section 302A-853. [L 1970, c 71, pt of §1; am L 1981, c 200, §2; am L 1983, c 119, §10; am L 1990, c 105, §4; am L 1991, c 139, §1; am L 1997, c 217, §6; am L 2022, c 203, §4; am L 2023, c 173, §6]
Note
Section 321-242 referred to in text is repealed.
Cross References
Self-administration of medication by student and emergency administration permitted, see §302A-1164.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-14 Violations of chapter; penalties.

§457-14 Violations of chapter; penalties.
It shall be a misdemeanor for any person, including any corporation, association, or individual to:
(1) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record or aid or abet therein; or
(2) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently signed or issued unlawfully or under fraudulent representation; or
(3) Practice nursing as a registered or as a licensed practical nurse unless licensed to practice under this chapter; or
(4) Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless licensed to practice under this chapter; or
(5) Practice nursing as a registered nurse or as a licensed practical nurse during the time the person's license issued under this chapter is suspended or revoked; or
(6) Conduct a nursing education program not accredited by the board to prepare for a registered nurse or licensed practical nurse unless the program has been accredited by the board; or
(7) Otherwise violate any provision of this chapter.
Any of these misdemeanors shall be punishable by a fine of not more than $500 for a first offense. Each subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. [L 1970, c 71, pt of §1; am L 1983, c 119, §11; am L 1992, c 234, §4]
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 › 457. Nurses › 457-15 Injunctive relief.

§457-15 Injunctive relief.
The practice of nursing as a registered nurse or as a licensed practical nurse by any person who has not been issued a license under this chapter or whose license has been suspended or revoked or has expired is declared to be inimical to the public welfare and to constitute a public nuisance. The board of nursing may, through the attorney general, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or expired, from practicing nursing as a registered nurse or as a licensed practical nurse; and, upon the filing of a verified petition in court, the court or any judge thereof, if satisfied by affidavit, or otherwise, that the person is or has been practicing nursing as a registered nurse or as a licensed practical nurse without having been issued a license, or after the person's license has been suspended or revoked or expired, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing nursing as a registered nurse or as a licensed practical nurse. A copy of the verified petition shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it be established that the defendant has been or is practicing nursing as a registered nurse or as a licensed practical nurse without having been issued a license or has been or is practicing nursing as a registered nurse or as a licensed practical nurse after the defendant's license has been revoked, or expired, the court, or any judge thereof, may enter a decree perpetually enjoining the defendant from further practicing nursing as a registered nurse or as a licensed practical nurse. In case of violation of any injunction issued under this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. [L 1970, c 71, pt of §1; am L 1983, c 119, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-16 Severability.

§457-16 Severability.
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable. [L 1970, c 71, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457. Nurses › 457-17 Telehealth; privacy, security, and confidentiality.

§457-17 Telehealth; privacy, security, and confidentiality.
[Section effective January 1, 2017.]
Services relating to the practice of nursing provided by telehealth pursuant to this chapter shall be consistent with all federal and state privacy, security, and confidentiality laws. [L 2016, c 226, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-1 Findings and purpose.

§457A-1 Findings and purpose.
(a) The legislature recognizes that 42 United States Code sections 1395i-3 and 1396r require nurse aides working in nursing facilities participating in medicare and medicaid programs to be certified.
(b) The legislature also recognizes that nurse aides who work in state-licensed or state-certified health care settings should be certified for the purpose of consumer safety and held to similar standards of competency and evaluation appropriate for these settings. This chapter implements 42 United States Code sections 1395i-3 and 1396r with respect to:
(1) Establishing the State's regulatory scheme for certifying nurse aides;
(2) Defining the scope of regulation;
(3) Establishing standards for certification and biennial recertification; and
(4) Establishing an interagency agreement between the state agencies responsible for various aspects of the program. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(1); am L 2007, c 226, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-1.5 Definitions.

§457A-1.5 Definitions.
As used in this chapter:
"Certified nurse aide" means a nurse aide who has met the requirements for certification under section 457A-7 or 457A-8.
"Director" means the director of commerce and consumer affairs.
"Medicare or medicaid certified nursing facility" means any intermediate care facility or skilled nursing facility licensed pursuant to section 321-11(10) and certified by the department of health in accordance with 42 United States Code sections 1395i-3 and 1396r.
"Medicare or medicaid nurse aide" means a certified nurse aide who works in a medicare or medicaid certified nursing facility.
"Nurse aide" means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. A nurse aide may also assist a nurse by changing bed linens, delivering messages, and sterilizing instruments.
"State-licensed or state-certified health care settings" means health care settings, other than medicare or medicaid certified nursing facilities, which are regulated by the department of health.
"Substantiated finding" means documentation of an investigation by the State that leads the State to conclude that an allegation is valid, including:
(1) The nature of the allegation and the evidence that led to the conclusion;
(2) The date of the hearing, if the individual chose to have one, and its outcome;
(3) A statement of the individual disputing the allegation, if the individual chose to make one; or
(4) A criminal conviction. [L 2007, c 226, pt of §4; am L 2016, c 21, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-2 Implementation.

§457A-2 Implementation.
(a) The director shall implement the provisions of this chapter, in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to:
(1) The minimum requirements and standards for certification as a nurse aide;
(2) Examination requirements, including the passing score;
(3) Maintenance requirements for continued certification on a biennial basis; and
(4) Implementation of a certified nurse aide registry.
(b) The director of health shall implement this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to disciplining certified nurse aides who are employed in:
(1) Nursing facilities participating in medicare and medicaid programs; and
(2) Health care settings licensed or certified by the department of health.
(c) The director of human services shall implement this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r, that relate to training programs for nurse aides and recertification; provided that recertification shall be required not less than every two years and the number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(2); am L 2007, c 226, §6; am L 2009, c 108, §3; am L 2016, c 21, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-3 Power of director.

§457A-3 Power of director.
(a) The director, in accordance with chapters 91 and 92, shall adopt rules to implement the provisions of this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r and the federal regulations adopted pursuant thereto, that relate to:
(1) The minimum requirements necessary for certification as a nurse aide;
(2) Examination requirements, including the passing score and provisions for contesting examination results;
(3) Maintenance requirements for continued certification; and
(4) Implementation and maintenance of a nurse aide registry of certified nurse aides employed in medicare or medicaid certified nursing facilities and certified nurse aides in other state-licensed and state-certified health care settings.
(b) The director shall issue certificates to qualified nurse aides and shall be responsible for maintenance of an up-to-date nurse aide registry that shall include the names of certified nurse aides, their places of employment, and all information that is reported by the department of health and the department of human services. The director's role, with regard to the disciplining of certified nurse aides, shall be limited to the placement into the certified nurse aide registry of all information and substantiated findings from the department of health, as required by 42 United States Code sections 1395i-3 and 1396r, and the department of human services, within ten working days of the finding, which information shall permanently remain in the registry except if:
(1) The finding was made in error;
(2) The individual is found not guilty in court; or
(3) The State receives notification of the individual's death. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(3); am L 2007, c 226, §7; am L 2016, c 21, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-4 Contract for administrative services.

§457A-4 Contract for administrative services.
The director may contract with a professional testing service that is qualified to test the competency of nurse aides. The department may require that fees for services be paid directly to the professional testing service. [L 1990, c 271, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 457A. Nurse Aides › 457A-6 Certification required.

§457A-6
Certification required.
Except as otherwise provided in this chapter, no person shall:
(1) Represent one's self as a certified nurse aide;
(2) Imply, in any manner, that one's self is a certified nurse aide; or
(3) Use the abbreviation "C.N.A." or any other words, letters, signs, or devices to identify one's self as a certified nurse aide;
without having first obtained certification as provided in this chapter. [L 2007, c 226, pt of §4]