reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-10 License by endorsement.

§451A-10
License by endorsement.
Whenever the director determines that another state or jurisdiction has a program with requirements equivalent to or higher than those in effect under this chapter to fit and sell hearing aids, the director may issue licenses by endorsement to applicants who hold current, unsuspended, and unrevoked certificates or licenses to fit and sell hearing aids in another state or jurisdiction. Applicants for licenses by endorsement shall not be required to pass an examination as provided in section 451A-2. The holder of a license by endorsement shall be subject to the same provisions applying to a licensee regarding registration, fees, and grounds for renewal, suspension, and revocation of a license. [L 1969, c 205, pt of §1; am L 1997, c 88, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-11 Notice to director.

§451A-11
Notice to director.
(a) Any person who holds a license shall notify the director in writing of the person's current mailing and residence address. It shall be the licensee's duty to provide written notice of any change of address within thirty days of the change.
(b) Any notice required to be given by the director to the person shall be mailed to the last known address. Failure to provide the written notice of change of address shall absolve the director from any duty to provide notice of any matter required by law to be provided to the licensee. [L 1969, c 205, pt of §1; gen ch 1985; am L 1997, c 88, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-12 Receipt required to be furnished to a person supplied with hearing aid.

§451A-12 Receipt required to be furnished to a person supplied with hearing aid.
(a) Any person who practices the fitting and sale of hearing aids shall deliver to each purchaser a receipt containing the licensee's signature, the licensee's business address, and the number of the licensee's certificate, together with specifications as to the make and model of the hearing aid furnished and the terms of the sale. If hearing aid which is not new is sold, the receipt and the container thereof shall be clearly marked as "used" or "reconditioned", with the terms of guarantee, if any.
(b) The receipt shall bear, in type no smaller than the largest that is used in the body copy portion, the following: the purchaser has been advised at the outset of the purchaser's relationship with the hearing aid dealer and fitter that any examination or representation made by a hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State and shall not be considered as medical opinion or advice. [L 1969, c 205, pt of §1; am L 1974, c 167, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-13 Discipline; grounds; proceeding; hearings.

§451A-13 Discipline; grounds; proceeding; hearings.
(a) In addition to any other actions authorized by law, the director may deny, revoke, or suspend any license issued under this chapter and fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to proof that the person has:
(1) Obtained a license by fraud or deceit;
(2) Obtained a fee or the making of a sale by fraud or misrepresentation;
(3) Employed with knowledge, directly or indirectly, any suspended or unlicensed person to perform any work covered by this chapter;
(4) Applied, caused, or promoted for advertising, the use of any matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation which is misleading, deceptive, or untruthful;
(5) Advertised a particular model or type of hearing aid for sale which in fact is not immediately available and where it is established that the purpose was to obtain prospects for the sale of a different model or type;
(6) Represented that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or used the words "doctor", "clinic", or similar words, abbreviations, or symbols related to the medical profession when it is not accurate;
(7) Permitted the use of a license by another;
(8) Advertised a product or used a manufacturer's name or trademark which implies a relationship which in fact does not exist;
(9) Given or offered to give, directly or indirectly, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing persons to refrain from dealing in the products of competitors;
(10) Engaged in the fitting and selling of hearing aids under a false name or alias with fraudulent intent;
(11) Sold a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids;
(12) Committed gross incompetence or negligence in fitting and selling hearing aids;
(13) Violated any provisions of this chapter and any rules;
(14) Submitted to or filed with the director any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement of fact; or
(15) Failed to report to the director any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final.
(b) Any fine imposed by the director after hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation. [L 1969, c 205, pt of §1; am L 1974, c 205, §2(14); gen ch 1985; am L 1986, c 25, §4; am L 1992, c 202, §94; am L 1997, c 88, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-14 Prohibited acts and practices.

§451A-14 Prohibited acts and practices.
No person shall:
(1) Sell, barter, offer to sell, barter, or transfer or assign a license;
(2) Purchase or procure by barter a license with intent to use it as evidence of qualification to practice the fitting and selling of hearing aids;
(3) Alter a license with fraudulent intent;
(4) Use or attempt to use a license which is invalid because it was purchased, fraudulently obtained, forged, or materially altered;
(5) Make a false statement in an application for a license or in an application for renewal of a license; and
(6) Sell hearing aids through "door-to-door sales" as defined in section 481C-1. [L 1969, c 205, pt of §1; am L 1974, c 167, §2; am L 1989, c 246, §1; am L 1997, c 88, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-14.1 Requirement of authorization from physician or otorhinolaryngologist; authorization records.

§451A-14.1 Requirement of authorization from physician or otorhinolaryngologist; authorization records.
(a) No person engaged in the fitting and selling of hearing aids shall sell, barter, offer to sell or otherwise knowingly establish a commercial relationship with a potential purchaser without first obtaining and maintaining in the dealer's possession written authorization by a physician that the purchaser or potential purchaser has been examined by the physician and that the physician has prescribed or approved a hearing device; provided that in the case of a child ten years of age or under, the written authorization must be by an otorhinolaryngologist.
(b) For the purposes of subsection (a) the written authorization must be signed by the physician or otorhinolaryngologist within six months prior to the date of sale, barter, offer, or commencement of a commercial relationship; provided that the six-month limit shall not apply if the written authorization of the physician or otorhinolaryngologist states that a return visit of the patient is not necessary for subsequent purchases of a hearing device.
(c) For the purposes of subsection (a), the hearing aid dealer and fitter may offer persons eighteen years of age or older an opportunity to waive the requirement of a medical examination if the hearing aid dealer and fitter:
(1) Informs the prospective user that the exercise of the waiver is not in the user's best health interest;
(2) Does not in any way actively encourage the prospective user to waive the medical examination; and
(3) Affords the prospective user the opportunity to sign the following statement:
"I have been advised by __________________ (hearing aid dealer and fitter's name) that the Director of Commerce and Consumer Affairs has determined that my best health interest would be served if I had a medical examination by a physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. I do not wish a medical examination before purchasing a hearing aid."
(d) Every hearing aid dealer and fitter licensed pursuant to this chapter shall keep a suitable book or file, or a microfilm of the book or file, in which shall be preserved, for a period of not less than five years, every authorization by physicians or otorhinolaryngologists received pursuant to this section and every statement executed in accordance with subsection (c)(3). The book, file, or microfilm of the authorizations and statements shall at all times be open to inspection by the director and other law enforcement agencies. [L 1974, c 167, §3; gen ch 1985; am L 1986, c 277, §1; am L 1997, c 88, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-17 Injunctive relief.

§451A-17
Injunctive relief.
The director may apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or has expired from practicing in the dealing and fitting of hearing aids; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing in the dealing and fitting of hearing aids. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing dealing and fitting of hearing aids without having been issued a license or after the license has been suspended or revoked or has expired, the court or any judge thereof may enter a decree enjoining the defendant from further practicing in the dealing and fitting of hearing aids. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of all penalties and other remedies provided in this chapter. [L 1969, c 205, pt of §1; am L 1997, c 88, §12]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-18 Persons and practices not affected.

§451A-18 Persons and practices not affected.
This chapter is not intended to:
(1) Prohibit any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing aids; provided that the person or the organization employing the person does not sell hearing aids or accessories;
(2) Prohibit a person in maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license; provided that it employs persons licensed under this chapter responsible for the fitting and direct sale of such products;
(3) Apply to a person who is a physician licensed to practice in Hawaii; or
(4) Apply to a person who is licensed as an audiologist pursuant to chapter 468E. [L 1969, c 205, pt of §1; am L 1997, c 88, §13; am L 2018, c 173, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-19 Penalties.

§451A-19 Penalties.
Any person who violates this chapter shall be fined not more than $500 or imprisoned not more than ninety days, or both. [L 1969, c 205, pt of §1]
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 › 451A. Hearing Aid Dealers and Fitters › 451A-20 Remedies or penalties cumulative.

§451A-20 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 25, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451D. Health Care Professionals › 451D-1 Construction of laws.

§451D-1 Construction of laws.
The purpose of licensing health care professionals is to protect the public health and safety and the general welfare of the people of this State. The powers conferred upon licensing boards and the department by the applicable licensing statutes and by this chapter shall be liberally construed to carry out this purpose. Any license issued to a health care professional is a revocable privilege. The provisions of this chapter are not intended to confer any particular professional status upon health care providers mentioned in this chapter for purposes of third party payments for services rendered. [L 1987, c 67, pt of §1; am L 1991, c 138, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451D. Health Care Professionals › 451D-2 Definitions.

§451D-2 Definitions.
Solely for the purpose of this chapter:
"Board" means the board of dentistry, the Hawaii medical board, the board of psychology, the board of nursing, the Hawaii board of veterinary medicine, the board of acupuncture, the board of massage therapy, the board of naturopathic medicine, the Hawaii board of chiropractic, and the board of pharmacy.
"Department" means the department of commerce and consumer affairs.
"Health care professional" includes physicians and surgeons and others licensed pursuant to chapter 453, podiatrists licensed pursuant to chapter 463E, dentists licensed pursuant to chapter 448, psychologists licensed pursuant to chapter 465, nurses licensed pursuant to chapter 457, veterinarians licensed pursuant to chapter 471, acupuncturists licensed pursuant to chapter 436E, massage therapists licensed pursuant to chapter 452, naturopathic physicians licensed pursuant to chapter 455, chiropractors licensed pursuant to chapter 442, and pharmacists licensed pursuant to chapter 461. [L 1987, c 67, pt of §1; am L 1990, c 36, § §1, 2; am L 1991, c 138, §2; am L 2008, c 9, §3; am L 2009, c 11, §60; am L Sp 2009, c 22, §11(1); am L 2018, c 203, § §2, 4, 8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451D. Health Care Professionals › 451D-3 Powers.

§451D-3 Powers.
(a) In addition to any other powers conferred by law, the boards shall have the following powers:
(1) To establish by rule an inactive license category for those not currently practicing in the State, including the procedure and conditions for activation of the license;
(2) To establish by rule a retired license category including the procedure and conditions for activation of the license.
(b) Notwithstanding any other law to the contrary, the boards and the department may communicate or cooperate with any federal, state, or county licensing board or agency, or any other federal, state, or county agency which is investigating an applicant or a licensee, on matters pertaining to the professional qualifications or fitness of the applicant or licensee. All disciplinary actions taken by the boards, including license denials, shall be matters of public record and be promptly reported by the board to any central disciplinary data bank or clearinghouse in the United States, to the state professional societies, to the state hospital association, and, upon request, to any health care facility. Voluntary surrender of, and voluntary limitations on, the license of any person shall be a matter of public record and shall be reported to the disciplinary [data] banks or clearinghouses, to the state professional societies, to the state hospital association, and, upon request, to any health care facility in the State. [L 1987, c 67, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451D. Health Care Professionals › 451D-4 Advisory committees.

§451D-4 Advisory committees.
(a) The director of commerce and consumer affairs may establish advisory committees, the members of which shall serve as consultants to the boards in their review of health care professionals referred for possible disciplinary action and as experts to the department for investigations. The advisory committee shall be appointed by the director from a list of health care professionals submitted annually by the board for which an advisory committee is appointed.
The director shall develop an information sheet for each member describing the committee's purpose, roles and responsibilities of members, and procedures used to carry out the committee's work. When the board or director requests assistance from any member of the committee on a case, the board or director, as the case may be, shall make initial inquiries as may be necessary for the purpose of eliminating conflicts of interest prior to submission to any member of the committee.
(b) The membership of the advisory committee shall reflect, insofar as is practical, all areas of professional practice and include subgroupings of the major specialties. Each member of the committee shall serve until a new committee is established, or until the particular case for which the member was designated a consultant or expert has been concluded.
(c) All members of the advisory committee shall serve voluntarily and without compensation, but shall be paid reasonable allowances for travel and living expenses which may be incurred as a result of performance of their duties on the committee. The costs shall be paid by the department.
(d) There shall be no civil liability for any member of the advisory committee for any act done in furtherance of the purpose for which the advisory committee was established. [L 1987, c 67, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451D. Health Care Professionals › 451D-5 Filing of electronic mail address.

§451D-5 Filing of electronic mail address.
Every individual applying for or renewing a license as a physician under chapter 453, osteopathic physician under chapter 453, physician assistant under chapter 453, advanced practice registered nurse under chapter 457, or naturopathic physician under chapter 455 shall, at the time of applying for licensure or renewal, provide the licensing authority with a current electronic mail address in the form and manner prescribed by the licensing authority; provided that an applicant or licensee has an established electronic mail address. It shall be the licensee's duty to provide notice to the licensing authority of any change of current electronic mail address within thirty days of the change. The electronic mail addresses may be shared by the licensing authority only with other state or federal agencies, upon request, for purposes of public health and safety and may be used by the licensing authority for any purpose related to the license. Nothing herein shall be construed to modify the method by which the licensing authority provides notice of any matter required by law to be provided to the applicant or licensee. [L 2016, c 115, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-2 Marriage and family therapist licensing program.

§451J-2
Marriage and family therapist licensing program.
There is established a marriage and family therapist licensing program within the department. The program shall be administered by the director. [L 1998, c 159, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-3 Powers and duties of the director.

§451J-3 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director may:
(1) Examine and approve the qualifications of all applicants under this chapter, and issue a license to each successful applicant granting permission to use the title of marriage and family therapist or licensed marriage and family therapist in this State pursuant to this chapter and the rules adopted under this chapter;
(2) Adopt, amend, or repeal rules pursuant to chapter 91;
(3) Administer, coordinate, and enforce this chapter and rules;
(4) Discipline a person licensed as a marriage and family therapist for any cause described by this chapter, or for any violation of rules, or refuse to license a person for failure to meet licensing requirements or for any cause that would be grounds for disciplining a licensed marriage and family therapist; and
(5) Appoint an advisory committee of licensed marriage and family therapists and members of the public to assist with the implementation of this chapter and the rules; except that the initial members of the committee who are marriage and family therapists shall not be required to be licensed pursuant to this chapter. [L 1998, c 159, pt of §2; am L 2016, c 29, §6]
Note
L 1998, c 159, §4 provides:
"SECTION 4. The director of commerce and consumer affairs may appoint an administrative assistant and secretary, without regard to chapters 76 and 77, Hawaii Revised Statutes, to assist with the activities of the marriage and family [therapist] licensing program."
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-4 Fees; disposition.

§451J-4 Fees; disposition.
(a) Application, examination, reexamination, license, renewal, penalty fees, and any other fees relating to the administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.
(b) Fees assessed shall defray costs incurred by the director to support the operation of the marriage and family therapist licensing program. Fees collected shall be managed in accordance with section 26-9(l). [L 1998, c 159, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-5 Prohibited acts.

§451J-5
Prohibited acts.
Except as specifically provided elsewhere in this chapter, no person shall use the title marriage and family therapist or licensed marriage and family therapist without first having secured a license under this chapter. The department shall investigate and prosecute any individual using the title of marriage and family therapist or licensed marriage and family therapist without being properly licensed as a marriage and family therapist. Any person who violates this section shall be subject to a fine of not more than $1,000 per violation. Each day's violation shall be deemed a separate offense. Any action taken to impose or collect the fine imposed under this section shall be a civil action. [L 1998, c 159, pt of §2; am L 2016, c 29, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-6 Exemptions.

§451J-6 Exemptions.
(a) Licensure shall not be required of:
(1) A person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of marriage and family therapy; provided the person does not purport to be a marriage and family therapist or licensed marriage and family therapist;
(2) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a graduate degree in marriage and family therapy or other professional field; provided that the student's activities and services are part of a prescribed course of study supervised by the educational institution and the student is identified by an appropriate title including but not limited to "marriage and family therapy student or trainee", "clinical psychology student or trainee", "clinical social work student or trainee", or any title which clearly indicates training status; or
(3) Any individual who uses the title marriage and family therapy intern for the purpose of obtaining clinical experience in accordance with section 451J-7(3).
(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professions as defined by any law, rule, or the department, including but not limited to social workers, psychologists, registered nurses, or physicians, from doing or advertising that they assist or treat individuals, couples, or families consistent with the accepted standards of their respective licensed professions; provided that no person, unless the person is licensed as a marriage and family therapist, shall use the title of marriage and family therapist or licensed marriage and family therapist. [L 1998, c 159, pt of §2; am L 2016, c 29, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-7 Application for licensure.

§451J-7
Application for licensure.
Any person who files an application with the department after December 31, 1998, shall be issued a license by the department if the applicant provides satisfactory evidence to the department that the applicant is qualified for licensure pursuant to the requirements of this chapter and meets the following qualifications:
(1) Has completed a master's degree or doctoral degree from an accredited educational institution in marriage and family therapy or in an allied field related to the practice of mental health counseling which includes or is supplemented by graduate level course work comprising a minimum of thirty-three semester, or forty-four quarter hours in the following course areas:
(A) Marriage and family studies--nine semester or twelve quarter hours;
(B) Marriage and family therapy studies--nine semester or twelve quarter hours;
(C) Human development--nine semester or twelve quarter hours;
(D) Ethical and professional studies--three semester or four quarter hours; and
(E) Research--three semester or four quarter hours;
(2) Has one year practicum with three hundred hours supervised client contact;
(3) Completes one thousand hours of direct marriage and family therapy, and two hundred hours clinical supervision in not less than twenty-four months; and
(4) Has passed the National Marriage and Family Therapy Exam in accordance with section 451J-8.
An individual who is a clinical member of the association shall be deemed to have met the educational and clinical experience requirements of this section. [L 1998, c 159, pt of §2; am L 2009, c 11, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-7.5 Reciprocity.

§451J-7.5 Reciprocity.
The director may enter into a reciprocity agreement with another state and issue a license to a marriage and family therapist who is licensed in that state; provided that the requirements for a license in that state are deemed by the director to be at least as stringent as the current requirements for a license in this State. [L 2002, c 260, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-8 Examination.

§451J-8 Examination.
(a) The department shall conduct an examination of licensing applicants at least once a year at a time and place designated by the department.
(b) The department shall administer the National Marriage and Family Therapy Exam in compliance with the Association of Marital and Family Therapy Regulatory Board standards.
(c) An applicant shall be held to have passed an examination by obtaining a passing score as determined by the director. [L 1998, c 159, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-9 Licensure fees.

§451J-9 Licensure fees.
Licenses shall be valid for three years and shall be renewed triennially. Any applicant for renewal of a license that has expired within one year of the renewal deadline shall be required to pay a restoration fee in addition to all renewal fees. [L 1998, c 159, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-11 Denial, revocation, or suspension of license.

§451J-11 Denial, revocation, or suspension of license.
(a) The department shall deny, revoke, condition, or suspend a license granted pursuant to this chapter on the following grounds:
(1) Conviction by a court of competent jurisdiction of a crime which the department has determined, by rules adopted pursuant to chapter 91, to be of a nature that renders the person convicted unfit to practice marriage and family therapy;
(2) Failing to report in writing to the director any disciplinary decision related to the provision of mental health services issued against the licensee or the applicant in any jurisdiction within thirty days of the disciplinary decision, or within thirty days of licensure;
(3) Violation of recognized ethical standards for marriage and family therapists or licensed marriage and family therapists as set by the association;
(4) Fraud or misrepresentation in obtaining or renewing a license, including making a false certification of compliance with the continuing education requirement set forth in section 451J-10;
(5) Revocation, suspension, or other disciplinary action by any state or federal agency against a licensee or applicant for any reason provided under this section; or
(6) Other just and sufficient cause that renders a person unfit to practice marriage and family therapy.
(b) Any licensee who violates this section may also be fined not more than $1,000 per violation. [L 1998, c 159, pt of §2; am L 2014, c 28, §4; am L 2016, c 29, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-12 Confidentiality and privileged communications.

§451J-12 Confidentiality and privileged communications.
No person licensed as a marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances:
(1) As required by law;
(2) To prevent a clear and immediate danger to a person or persons;
(3) In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;
(4) In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;
(5) In accordance with the terms of a client's previously written waiver of the privilege; or
(6) Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a therapist may disclose information received from any family member in accordance with the terms of the person's waiver. [L 1998, c 159, pt of §2]
Case Notes
Where none of the exceptions under this section applied to the case, family court was not authorized to order therapist to disclose the information therapist acquired in rendering marriage and family therapy services. 112 H. 437 (App.), 146 P.3d 597 (2006).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451J. Marriage and Family Therapists › 451J-13 Therapist prohibited from testifying in alimony and divorce actions.

§451J-13 Therapist prohibited from testifying in alimony and divorce actions.
If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of therapy. This section shall not apply to custody actions whether or not part of a divorce proceeding.
[L 1998, c 159, pt of §2]
Case Notes
Where therapist's testimony pertained solely to the custody part of the divorce case, the prohibition against a therapist's testimony under this section did not apply. 112 H. 437 (App.), 146 P.3d 597 (2006).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-1 Definitions.

§451K-1 Definitions.
As used in this chapter, unless the context requires otherwise:
"Active candidate status" means documentation of eligibility to take the American Board of Genetic Counseling or its equivalent certification examinations.
"Board certified" means an individual who has passed the American Board of Genetic Counseling certification examination and remains actively certified by American Board of Genetic Counseling or its equivalent.
"Department" means the department of health.
"Director" means the director of health.
"Genetic counseling practice" means the rendering of professional counseling services based on specialized education and training to individuals, families, or groups for compensation, monetary or otherwise. These counseling services include the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder. "Genetic counseling practice" includes:
(1) Obtaining and interpreting individual, family, medical, developmental, and reproductive histories;
(2) Determining the mode of inheritance and risk of transmission of genetic conditions and birth defects;
(3) Discussing the inheritance, features, natural history, means of diagnosis, and management of these conditions;
(4) Identifying, coordinating, interpreting, and explaining genetic laboratory tests and other diagnostic studies;
(5) Assessing psychological factors and recognizing social, educational, and cultural issues related to having or being at risk for genetic conditions;
(6) Evaluating the client's or family's responses to the genetic condition or risk of having the genetic condition, and providing client-centered counseling and anticipatory guidance;
(7) Communicating information to their clients in an understandable manner;
(8) Facilitating informed decision-making about testing, treatment, and management;
(9) Identifying and effectively using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
(10) Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals.
"Genetic counselor" means a person licensed under this chapter who engages in genetic counseling practice.
"Licensed genetic counselor" means an individual who holds a license in good standing to practice genetic counseling under this chapter. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-3 Powers and duties of the director.

§451K-3 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:
(1) Examine and approve the qualifications of all applicants under this chapter and issue a license to each successful applicant granting permission to use the title of "licensed genetic counselor" or "genetic counselor" in this State pursuant to this chapter and the rules adopted pursuant thereto;
(2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
(3) Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;
(4) Discipline a licensed genetic counselor for any cause described by this chapter or for any violation of the rules, and refuse to license an individual for failure to meet licensure requirements or for any cause that would be grounds for disciplining a licensed genetic counselor; and
(5) Work with the department of health's genetics program to assist with the implementation of this chapter and the rules adopted pursuant thereto. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-4 Licensure required.

§451K-4 Licensure required.
No individual shall purport to be a licensed genetic counselor or use the letters "L.G.C." in connection with the individual's name, or use any words or symbols indicating or tending to indicate that the individual is a licensed genetic counselor without meeting the applicable requirements and holding a license as set forth in this chapter. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-5 Exemptions.

§451K-5 Exemptions.
(a) This chapter does not prohibit any persons legally regulated in this State by any other law from engaging in the practice for which they are authorized as long as they do not represent themselves by the title of "genetic counselor" or "licensed genetic counselor". This chapter shall not prohibit the practice of nonregulated professions whose practitioners are engaged in the delivery of human services as long as these practitioners do not represent themselves as or use the title of "genetic counselor" or "licensed genetic counselor".
(b) Nothing in this chapter shall be construed to limit the activities and services of:
(1) A student, intern, resident, or fellow in genetics or genetic counseling seeking to fulfill educational requirements to qualify for a license under this chapter if those activities and services constitute a part of that individual's supervised course of study;
(2) An individual seeking to fulfill the post-degree practice requirements to qualify for licensing under this chapter, as long as the activities and services are supervised by a licensed genetic counselor or physician. A student, intern, resident, or fellow shall be designated by the title "intern", "resident", "fellow", or any other designation of trainee status; or
(3) An American Board of Genetic Counseling or an American Board of Medical Genetics certified genetic counselor who is brought into the State as a consultant to train health care providers within the State. Nothing contained in this subsection shall be construed to permit students, interns, residents, fellows, or consultants to offer their services as genetic counselors or geneticists to any other person.
(c) Nothing in this chapter shall be construed to prevent a physician licensed to practice medicine in this State or an intern, fellow, or resident from performing genetic counseling within the person's scope of practice as long as the person is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor".
(d) Nothing in this chapter shall be construed to prevent any licensed nurse in this State from performing genetic counseling within the nurse's scope of practice as long as the nurse is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor".
(e) Nothing in this chapter shall be construed to prevent any licensed social worker, licensed psychologist, or licensed marriage and family therapist from practicing professional counseling in this State as long as the person is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor" and does not hold out the person's services as being genetic counseling. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-6 Licensure requirements.

§451K-6 Licensure requirements.
The director shall adopt rules as deemed necessary for the licensure of genetic counselors to protect public health and safety and may consider the following factors as evidence in determining whether an applicant is qualified to be licensed:
(1) Board-certification by the American Board of Genetic Counseling or its equivalent; and
(2) A report of any disciplinary action or rejection of license applications or renewals relating to genetic counseling practice taken against the applicant in another jurisdiction. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-7 Provisional license.

§451K-7 Provisional license.
(a) The director shall grant, upon application and payment of proper fees, provisional licensure to an individual who, at the time of application, is documented to have active candidate status by the American Board of Genetic Counseling or its equivalent.
(b) Individuals with provisional licenses shall meet the requirements for full licensure within the first two available American Board of Genetic Counseling or its equivalent board examination cycles next following the filing of an application for provisional licensure. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-8 Licensure by endorsement.

§451K-8 Licensure by endorsement.
The director shall grant, upon application and payment of proper fees, licensure to an individual who, at the time of application, holds a valid license as a genetic counselor issued by another state, territory, or jurisdiction if the requirements for that certification or license are equal to, or greater than, the requirements of this chapter. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-10 Renewal of license.

§451K-10 Renewal of license.
(a) Every licensee or provisional licensee under this chapter shall renew a license granted pursuant to this chapter annually on or before June 30, with the first renewal deadline occurring on July 1, 2010. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been so forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and relicensure may require the individual to apply as a new applicant.
(b) Proof of maintenance of American Board of Genetic Counseling or its equivalent board certification shall be required for license renewal.
(c) Proof of continued active candidate status shall be required for provisional license renewal. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-11 Application for licensure.

§451K-11 Application for licensure.
(a) Application for a license shall be made on an application form to be furnished by the department. An applicant shall provide the following information:
(1) The applicant's legal name;
(2) The applicant's current residence and business mailing addresses and phone numbers;
(3) The applicant's social security number;
(4) The date and place of any conviction of a penal crime directly related to the profession or vocation in which the applicant is applying for licensure, unless the conviction has been expunged or annulled, or is otherwise precluded from consideration by section 831-3.1;
(5) Proof that the applicant is a United States citizen, a permanent resident, or is otherwise authorized to work in the United States;
(6) Disclosure of similar licensure in any state or territory;
(7) Disclosure of disciplinary action by any state or territory against any license held by the applicant; and
(8) Any other information the licensing authority may require to investigate the applicant's qualifications for licensure.
(b) Failure to provide the information required by subsection (a) and pay the required fees shall be grounds to deny the application for licensure. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-12 Fees; disposition.

§451K-12 Fees; disposition.
(a) Application, examination, reexamination, license, renewal, late renewal penalty, inactive, and other reasonable and necessary fees relating to administration of this chapter shall be as provided in rules adopted by the director pursuant to chapter 91.
(b) Fees assessed shall defray all costs to be incurred by the director to support the operation of the genetic counselor licensure program. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-13 Revocation, suspension, denial, or condition of licenses; fines.

§451K-13 Revocation, suspension, denial, or condition of licenses; fines.
In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, or may deny, revoke, suspend, fine, or condition in any manner any license for any one or more of the following acts or conditions on the part of the applicant or licensed genetic counselor:
(1) Conviction by a court of competent jurisdiction of a crime that the director has determined to be of a nature that renders the individual convicted unfit to practice genetic counseling;
(2) Failure to report in writing to the director any disciplinary decision or rejection of license application or renewal related to genetic practice issued against the licensed genetic counselor or the applicant in any jurisdiction within thirty days of the disciplinary decision or within twenty days of licensure;
(3) Violation of recognized ethical standards for genetic counselors as set by the National Society of Genetic Counselors;
(4) Use of fraud, deception, or misrepresentation in obtaining a license;
(5) Revocation, suspension, or other disciplinary action by another state, territory, federal agency, or country against the licensed genetic counselor or applicant for any reason provided under this section; or
(6) Other just and sufficient cause that renders an individual unfit to practice genetic counseling. [L 2009, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451K. Genetic Counselors › 451K-15 Prohibited acts; penalties.

§451K-15 Prohibited acts; penalties.
(a) No individual shall:
(1) Use in connection with the person's name any designation tending to imply that the individual is a licensed genetic counselor unless the individual is duly licensed and authorized under this chapter; or
(2) Make a representation that the individual is a licensed genetic counselor during the time the person's license issued under this chapter is forfeited, inactive, terminated, suspended, or revoked.
(b) Any individual who violates this section shall be subject to a fine of not more than $1,000 and each day's violation shall be deemed a separate offense. [L 2009, c 191, pt of §2]