reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-85 - Scope of practice of a pharmacy intern

Current through June, 2024
A pharmacy intern may perform all functions under the
				  definition of "practice of pharmacy" as stated in section
				  461-1, HRS, except
				  where prohibited by any state or federal law or rule and excluding the final
				  drug verification before it is dispensed. The pharmacy intern shall at all
				  times be under the immediate supervision of a licensed or registered
				  pharmacist.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-86 - Scope of practice of a pharmacy technician

Current through June, 2024
A pharmacy technician may perform the following tasks, not
				  requiring professional judgment, under the immediate supervision of a
				  pharmacist:
(1) Process prescription
				labels, drug packaging, stocking, delivery, record keeping, pricing,
				documentation of third party reimbursements, and preparing, labeling,
				compounding, storing, and providing medication; and
(2) Medication preparation is permissible
				provided that the pharmacy technician:
(A) Has
				a working knowledge of the pharmaceutical medical terms, abbreviations, and
				symbols commonly used in the prescribing, dispensing, and charting of
				medications;
(B) Is able to perform
				the arithmetic calculations required for the usual dosage determination and
				solution preparation;
(C) Has a
				thorough knowledge and understanding of the pharmacy technician's duties and
				responsibilities, including standards of ethics and applicable laws and
				regulations governing the practice of pharmacy;
(D) Has a working knowledge of drug dosages,
				route of administration, and dosage forms and therapeutics;
(E) Has a working knowledge of the procedures
				and operations relating to the manufacturing, packaging, and labeling of drug
				products; and
(F) Has an
				appropriate working knowledge of the procedures and operations relating to
				aseptic compounding and parenteral admixture operations.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-87 - Return or exchange of drugs prohibited

Current through June, 2024
No prescription drug shall be accepted for return or exchange
				  after the drug has been taken from the premises where dispensed or sold by
				  prescription.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 11 - RECORD KEEPING REQUIREMENTS › Section 16-95-93 - Records of dispensing

Current through June, 2024
(a) Records of
				dispensing for original and refill prescriptions are to be made and kept by
				pharmacies for five years and, in addition to the requirements of section
				16-95-82, shall include but not be
				limited to the following:
(1) Quantity
				prescribed and quantity dispensed;
(2) Date of dispensing;
(3) Serial number or, if an institution,
				equivalent control system;
(4)
				Identification of the pharmacist responsible for dispensing; and
(5) Record of refills to date.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 11 - RECORD KEEPING REQUIREMENTS › Section 16-95-94 - Automated data processing systems

Current through June, 2024
As an alternative to procedures set forth in section
				  16-95-93, an ADP system may be
				  employed for the record keeping system provided the following conditions have
				  been met:
(1) The ADP system shall
				have the capability of producing hard copy documents of all drug orders of
				original and refilled prescription information. The hard copy produced must be
				of a print size that is readable without the aid of any special
				device;
(2) Information to be kept
				on the ADP system shall include, but not be limited to the information required
				in section
				16-95-82, valid prescriptions, and
				section 16-95-93, records of
				dispensing;
(3) The pharmacist
				responsible for entries into the ADP system shall ensure that the information
				entered into the computer is accurate and complete;
(4) The documentation used to satisfy the
				above requirements shall be provided to the pharmacy within seventy-two hours
				of the date of dispensing;
(5) An
				auxiliary record keeping system shall be established for the documentation of
				refills in the event the ADP system is inoperative for any reason. The
				auxiliary system shall ensure that all refills are authorized by the original
				prescription and that the maximum number of refills is not exceeded. When the
				ADP system is restored to operation, the information regarding drug orders and
				prescriptions filled and refilled during the inoperative period shall be
				entered in the ADP system within ninety-six hours;
(6) Any pharmacy using an ADP system shall
				comply with all applicable state and federal laws, rules, and regulations;
				and
(7) A pharmacy shall make
				arrangements with the supplier of data processing services or materials to
				assure that the pharmacy continues to have adequate and complete records for
				any drug order, prescription, and dispensing if the relationship with such
				supplier terminates for any reason. The pharmacy shall assure continuity in the
				maintenance of records.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 11 - RECORD KEEPING REQUIREMENTS › Section 16-95-95 - Security of records

Current through June, 2024
To maintain the confidentiality of patient's prescriptions or
				  drug orders, there shall exist adequate safeguards for security of the records
				  whether kept manually or in an ADP system.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 11 - RECORD KEEPING REQUIREMENTS › Section 16-95-96 - Record keeping for wholesale prescription drug distributors

Current through June, 2024
(a) Wholesale distributors shall establish
				and maintain inventories and records of all transactions regarding the receipt
				and distribution or other disposition of prescription drugs. These inventories
				and records shall include the following information:
(1) The source of the drugs, including the
				name and principal address of the seller or transferor, and the address of the
				location from which the drugs were shipped;
(2) The identity and quantity of the drugs
				received and distributed or disposed of; and
(3) The dates of receipt and distribution or
				other disposition of the drugs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 12 - ADVERTISING PRACTICES › Section 16-95-101 - Procedures to advertise prescription drugs

Current through June, 2024
(a) Advertising of
				prescription drugs is to provide the public with information in a manner
				consistent with public health and safety. Prescription drug advertising is for
				the purpose of providing information and not to create a demand for drugs. A
				pharmacy, if it chooses to advertise, will advertise prescription prices,
				drugs, and reference to prescription prices and drugs in accordance with this
				section:
(1) A pharmacy may post its prices
				for prescription drugs on a prescription price poster. The form of the posting
				shall be legible;
(2) A pharmacy
				may advertise prescription prices by publication or display in any media. For
				purposes of this section, "media" includes but is not limited to newspapers,
				magazines, calling cards, and directories, including all listings in telephone
				directories;
(3) Any advertisement
				for prescription drugs shall be made in three commonly prescribed
				quantities;
(4) Any advertisement
				for prescription drugs or prices shall be truthful, reasonable, fully
				informative, and understandable to the public and shall not be false or
				misleading;
(5) Any advertisement
				for prescription drugs shall state the time period during which the prices
				advertised will be effective; and
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 12 - ADVERTISING PRACTICES › Section 16-95-102 - Procedures to advertise related pharmacy services

Current through June, 2024
Advertising of related pharmacy services is to provide the
				  public with information in a manner consistent with public health and safety
				  and shall be truthful, reasonable, fully informative, and understandable to the
				  public and shall not be false or misleading. A pharmacy may advertise that it
				  performs the following services:
(1)
				Personal medication record. To qualify as providing this service, a system must
				be maintained which enables the immediate retrieval of information concerning
				individual pharmacy patients which is of sufficient scope to enable a
				determination by the pharmacist of rational drug utilization. In accomplishing
				this purpose the design and use of the system must be to ascertain and record
				all patient information necessary to assist the pharmacist in avoiding adverse
				drug reactions, drug-drug interactions, and inappropriate use of
				drugs.
(2) Professional
				consultation with patient and practitioners. The availability of patient
				consultation means that the pharmacist routinely informs the patient, either
				directly or indirectly, on what the patient is taking, how to take it, what to
				expect, what special precautions should be observed, and how the medication is
				to be properly stored. This service is to assure that the patient understands
				the proper use of the drug and that the practitioner's intentions will
				materialize in a drug regimen of optimal effectiveness, safety, and duration.
				Practitioner consultation denotes the availability and practice of pharmacists
				acting as drug information specialists who discuss with practitioners drug
				effects interactions, side effects, and drugs of choice for diseased
				conditions.
(3) "Emergency
				prescription service" means the providing of pharmaceutical services, which
				includes prescription dispensing, at any time after usual pharmacy hours. This
				means that a pharmacist is available, can be readily contacted, and will
				respond with reasonable expediency at any hour, day or night, in a manner
				consistent with security and personal safety.
Should the pharmacy choose to advertise the performance of
				  the foregoing services, it shall conform with the definition of that service as
				  herein set forth.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 12 - ADVERTISING PRACTICES › Section 16-95-103 - Advertising of controlled substances prohibited

Current through June, 2024
No person shall advertise or promote to the public in any
				  manner the sale of a Scheduled II, III, IV, or V controlled substance as
				  defined in the Federal Controlled Substances Act and the rules promulgated
				  thereunder as well as any other controlled substances as defined in chapter
				  329, HRS, as amended, and the rules
				  promulgated thereunder by the state department of health.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 13 - DISCIPLINARY SANCTIONS, APPLICATION DENIAL, HEARINGS, ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 16-95-110 - Grounds for revocation, suspension, refusal to renew or restore, denial, or conditioning of license or permit

Current through June, 2024
(a) In addition to
				any other acts or conditions provided by law, the board may revoke, suspend,
				refuse to renew or restore, deny, or condition a license or permit for any one
				or more of the following acts or omissions:
(1) Procuring a license or permit through
				misrepresentation or deceit;
(2)
				Failing to meet or maintain the requirements or conditions necessary to qualify
				for license or permit;
(3)
				Conviction of, or pleading nolo contendere to a crime that is substantially
				related to the qualification, functions, or duties of a pharmacist;
(4) Committing any act or omission in the
				practice of pharmacy or wholesale distribution which constitutes dishonesty,
				fraud, or misrepresentation with the intent to substantially benefit the
				pharmacist or wholesale distributor or with the intent to substantially injure
				another person;
(5) Aiding or
				abetting an unlicensed person to directly or indirectly evade chapter
				461, HRS, or this chapter;
(6) Failing to maintain records or to make
				accessible any records as required in subchapter 11;
(7) Violating any provisions of the
				department of health or department of public safety;
(8) Except as provided by law, accepting
				returns or exchanges of prescription drugs after the drugs have been
				dispensed;
(9) Dispensing a
				different drug or brand in place of the drug or brand prescribed without the
				express consent of the person prescribing;
(10) Failing to comply with the state's drug
				formulary or substitution laws as set forth in part VI of chapter
				328, HRS;
(11) Professional misconduct, gross
				carelessness, or manifest incapacity;
(12) Violation of any state or federal law,
				including violation of a drug, controlled substance, or poison law;
(13) False, fraudulent, or deceptive
				advertising;
(14) Making a false
				statement on any document submitted or required to be filed by this
				chapter;
(15) Habitual intemperance
				or addiction to the use of habit-forming drugs;
(16) Violating the provisions of chapter
				461, HRS, this chapter, or any order
				of the board;
(17) Failure to
				comply with the pharmaceutical compounding requirements found in chapters 795
				(nonsterile preparations) and 797 (sterile preparations) of the United States
				Pharmacopeia National Formulary, as amended;
(18) Failure to report, in writing to the
				licensing authority, any disciplinary decision issued against the licensee or
				the applicant in another jurisdiction within thirty days of the disciplinary
				decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 13 - DISCIPLINARY SANCTIONS, APPLICATION DENIAL, HEARINGS, ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 16-95-111 - Denial

Current through June, 2024
In the event an application for the issuance of a license or
				  permit or for the reinstatement thereof is denied, the board shall notify the
				  applicant by letter of the board's action which shall include a concise
				  statement of the reasons therefor and a statement informing the applicant of
				  the applicant's right to a hearing if the applicant so
				  desires.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 13 - DISCIPLINARY SANCTIONS, APPLICATION DENIAL, HEARINGS, ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 16-95-112 - Demand for hearing; proceedings upon demand for hearing

Current through June, 2024
(a)
				Any person whose application for a license or permit or whose application for
				the reinstatement of a license or permit has been denied by the board shall be
				entitled to a hearing, provided that a demand for a hearing is filed with the
				board within sixty days of the date of denial of the application.
(b) If a demand for hearing is filed within
				the time prescribed, the board shall order a hearing in accordance with chapter
				91, HRS, relating to contested cases and unless the context otherwise requires,
				the rules set forth in chapter 16-201, the rules of practice and procedure of
				the department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 13 - DISCIPLINARY SANCTIONS, APPLICATION DENIAL, HEARINGS, ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 16-95-113 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for pharmacies and
				  pharmacists shall be as provided in chapter 16-201, the rules of practice and
				  procedure of the department as adopted, and as may subsequently be amended,
				  which are incorporated by reference and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 14 - ORAL TESTIMONY › Section 16-95-118 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the agenda, provided that the
				testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony is requested to notify the board not later than forty-eight hours
				before the meeting, and at that time to state the item on which testimony is to
				be presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony at the beginning of the testimony shall
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 15 - FEES › Section 16-95-123 - Fees established

Current through June, 2024
The fees are as established in chapter 16-53. The fees for
				  wholesale prescription drug distributors license shall be the same fees as
				  established for a pharmacy in chapter 16-53.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 16 - EMERGENCY CONTRACEPTION COLLABORATIVE AGREEMENT › Section 16-95-130 - Emergency contraception written collaborative agreement

Current through June, 2024
(a)
				Each arrangement between a licensed pharmacist and a licensed physician
				relating to the distribution to a patient of emergency contraception drugs
				shall be documented in a signed collaborative agreement in accordance with the
				form attached hereto as Exhibit A entitled "Emergency Contraception Drug
				Therapy Collaborative Agreement" dated December 2004, located at the end of
				this chapter and made a part of this chapter. The agreement shall be delivered
				to the board by the licensed pharmacist within ten days of the execution of the
				agreement by the pharmacist and the physician.
(b) Before a pharmacist may participate in
				the collaborative agreement, the pharmacist shall have completed an emergency
				contraception training course approved by the ACPE, curriculum-based programs
				from an ACPE-accredited college of pharmacy, applicable state or local health
				department programs, or programs recognized by the board of pharmacy. Training
				shall include procedures listed in Exhibit A, entitled, "Emergency
				Contraception Drug Therapy Collaborative Agreement", dated December 2004 and
				located at the end of this chapter, the management of the sensitive
				communications often encountered in emergency contraception, providing service
				to minors, quality assurance, referral for additional services, and
				documentation.
(c) By executing the
				collaborative agreement, both the physician and pharmacist agree and
				acknowledge that:
(1) They accept the
				responsibility for the distribution of the emergency contraception drugs and
				that the licensed pharmacist shall dispense only certain drugs approved for
				emergency contraception by the United States Food and Drug Administration. Some
				of the currently approved drugs are listed in the attached Exhibit B entitled
				"Brands and Doses", dated August 2004, located at the end of this chapter and
				made a part of this chapter however, drugs approved for emergency contraception
				are not limited to this list. Other drugs listed in Exhibit B entitled "Brands
				and Doses", dated August 2004 and located at the end of this chapter, may be
				dispensed instead of Plan B® in the following circumstances:
(A) Plan B® is unavailable;
(B) Plan B® is not covered under the
				patient's health insurance plan and another drug listed in Exhibit B is
				covered; or
(C) The patient chooses
				another listed drug after the pharmacist advises the patient that side effects
				are usually less with Plan B®.
The list of approved drugs in Exhibit B also shall include
				  adjunctive drugs for treatment of nausea and vomiting that may be associated
				  with emergency contraceptives;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 16 - EMERGENCY CONTRACEPTION COLLABORATIVE AGREEMENT › Exhibit B - Brands and Doses Of Oral Contraceptive Pills Used For Emergency Contraception

Current through June, 2024
There are now two prepackaged emergency contraceptive pill
				  products (dedicated emergency contraceptive pills) as well as 14 brands of
				  birth control pills that can be used for emergency contraception.
Brand
Manufacturer
Pills per Dose (Treatment schedule is one dose ASAP
						  after unprotected intercourse, and a second dose 12 hours later)
Ethinyl Estradiol per Dose (mcg)
Levonorgestrel per Dose (mg)*
Dedicated Emergency Contraceptive
						  Pills
PlanB
Women's Capital Corporation
1 white pill
0
0.75
Preven
Gynetics
2 blue pills
100
0.50
Oral Contraceptivte Pills
Levora
Watson
4 white pills
120
0.60
Levlen
Berlex
4 light-orange pills
120
0.60
Lo/Ovral
Wyeth-Ayerst
4 white pills
120
0.60*
Low-Ogestrel
Watson
4 white pills
120
0.60*
Nordette
Wyeth-Ayerst
4 light-orange pills
120
0.60
Alesse
Wyeth-Ayerst
5 pink pills
100
0.50
Aviane
Duramed
5 orange pills
100
0.50
Levlite
Berlex
5 pink pills
100
0.50
Ogestrel
Watson
2 white pills
100
0.50*
Ovral
Wyeth-Ayerst
2 white pills
100
0.50*
Tri-Levlen
Berlex
4 yellow pills
120
0.50
Triphasil
Wyeth-Ayerst
4 yellow pills
120
0.50
Trivora
Watson
4 pink pills
120
0.50
Adapted from RA Hatcher, et al,
Contraceptive
				  Technology: Seventeenth Revised Edition.
New York NY: Ardent Media,
				  1998. Updated by Felicia Steward, MD 2001.
*
This progestin in Ovral, Lo/Ovral, Low-Ogestrel,
				  Ogestrel and Ovrette is norgestrel, which contains two isomers only one of
				  which (levonorgestrel) is bioactive; the amount of norgestrel in each dose is
				  twice the amount of levonorgestrel.
Anti-nausea Treatment Options for use with Emergency
				  Contraception
Drug
Dose
Timing of Administration
Non-prescription Drugs
Meclizine hydrochloride (Dramamine, Bonine)
One or two 25mg tablets
1 hour before first EC dose; repeat if needed in 24
						  hours
Diphenhydramine hydrochloride (Benadryl)
One or two 25mg tablets or capsules.
1 hour before first EC dose; repeat as needed every 4-6
						  hours.
Dimenhydrinate (Dramamine)
One or two 50mg tablets or 4-8 teaspoons liquid
30 minutes to 1 hour before first ECP dose; repeat as
						  needed every 4-6 hours.
Cyclizine hydrochloride (Marezine)
One 50mg tablet
30 minutes before first EC dose; repeat as needed every
						  4-6 hours.
Adapted from RA Hatcher, et al,
Contraceptive
				  Technology: Seventeenth Revised Edition.
New York NY: Ardent Media,
				  1998. Updated by Felicia Steward, MD 2001.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 1 - GENERAL PROVISIONS › Section 16-96-2 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  462A, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 2 - PILOTAGE RATES › Section 16-96-3 - Pilotage rates and charges

Current through June, 2024
(a) All rates,
				charges, policies, procedures, and practices that are made, charged, or
				observed by a licensed pilot shall be filed with the director in such form and
				manner as the director may require, and copies shall be furnished by the pilot
				to any person upon request. Copies of the rates, charges, rules, and practices
				shall also be made available at the department.
(b) No rate, charge, rule, or practice shall
				be made, charged, or observed by any licensed pilot except after a duly noticed
				public hearing and contested hearing held pursuant to chapter
				91, HRS, and as further provided in
				subchapter 3 of this chapter. Except to the extent that the director finds that
				unfairness would result, the director shall establish uniform rates and
				charges.
(c) All rates, charges,
				rules, and practices that were in effect prior to the effective date of this
				chapter shall remain in effect until otherwise ordered by the director pursuant
				to this section.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 2 - PILOTAGE RATES › Section 16-96-7.3 - Rates and charges when two pilots are required

Current through June, 2024
Unless there is a port pilot training program established
				  pursuant to section
				  16-96-63, whenever it is necessary
				  for a Hawaii licensed port pilot and a Hawaii licensed deputy port pilot to
				  provide pilotage services together pursuant to section
				  16-96-26(a)(1)(B),
				  only the licensed port pilot shall receive compensation for the services
				  provided.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 3 - RATE CHANGES › Section 16-96-8 - Petition for changes in rates and charges

Current through June, 2024
(a) The director
				may at any time increase, lower, or alter any rate, charge, rule, or practice
				of pilotage after a public hearing and contested hearing pursuant to chapter
				91, HRS.
(b) Any interested person
				may petition the director for a change in any rate, charge, rule, or practice
				by filing a petition which shall provide the following information:
(1) Name of the petitioner;
(2) Statement of petitioner's
				interest;
(3) Statement of current
				and proposed changes;
(4) Facts and
				circumstances giving rise to the petition, including the necessity for the
				proposed changes;
(5) The
				anticipated effect or impact of the proposed change on the maritime industry,
				the pilotage industry, and the general public;
(6) Financial statements for each of the two
				annual periods preceding the date of the petition under current and proposed
				rates and charges, including but not limited to the following:
(A) Statement of gross pilotage revenues and
				expenses;
(B) Statement of
				operating expenses, including maintenance, depreciation, separately stated;
				and
(C) Statement of current and
				projected rate of return on investment for property used in the business of
				pilotage;
(7) Statement
				of any rates and charges of pilotage at any comparable ports of the United
				States, including a statement describing the basis or conditions that a port
				may be comparable; and
(8) Any
				other relevant information the director or department may require.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 3 - RATE CHANGES › Section 16-96-8.2 - Hearings officer

Current through June, 2024
(a) Upon the filing
				of the petition, the director shall assign the petition to a hearings officer
				for further proceedings consistent with this chapter.
(b) The hearings officer shall preside over
				the public hearing and contested hearing and shall file with the director a
				recommended decision together with a summary of all the public testimonies
				provided at the public hearing and a separate findings of fact, conclusions of
				law, and a recommended order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 3 - RATE CHANGES › Section 16-96-8.4 - Public hearing

Current through June, 2024
(a) Within thirty
				days of filing of the petition, the director shall cause proper notice of the
				petition to be published in a newspaper which is printed and issued at least
				twice weekly in the county affected by the proposed action. The notice shall
				include a statement of the proposed change in rates, charges, rules, or
				practice and the deadline for seeking intervention in the contested hearing as
				a party. Due notice of the hearing shall also be mailed at least thirty days
				prior to the date of hearing to the individual licensed pilots, the pilot's
				association, and all owners, charterers, operators, and agents of vessels who
				have registered with the director.
(b) The public hearing shall afford all
				interested persons the opportunity to submit data, views, or arguments in favor
				or against the proposed changes. Comments may be presented orally or in writing
				at the hearing or may be filed with the director within seven days subsequent
				to the public hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 3 - RATE CHANGES › Section 16-96-8.6 - Contested hearing administrative procedures

Current through June, 2024
Upon completion of the public hearing, the director or
				  hearings officer shall convene a contested hearing in accordance with chapter
				  91, HRS, and the subchapter on hearing relief in chapter 16-201, Hawaii
				  Administrative Rules, which is incorporated herein by reference and made a part
				  of this subchapter. The contested case hearing shall commence within ninety
				  days of the completion of the public hearing if the requirements of section
				  16-96-8 have been met. To the
				  extent that this subchapter may directly conflict with the subchapter on
				  hearing relief in chapter 16-201, Hawaii Administrative Rules, or provide
				  additional requirements, the provisions in this subchapter will
				  prevail.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 3 - RATE CHANGES › Section 16-96-8.8 - Prepared written testimony

Current through June, 2024
(a) To promote an
				orderly hearing procedure in all contested proceedings for changes in any rate
				or charges, the director or hearings officer may issue a prehearing order that
				will establish a schedule during which the parties may file with the director
				in advance of the hearing the prepared written testimony of any witness
				providing oral testimony at the hearing. A copy of the written testimony shall
				be served upon all parties to the proceeding.
(b) The prepared testimony and exhibits
				accompanying the prepared testimony may be received in evidence without
				reading. Witnesses may summarize their prepared testimony during the hearing.
				The parties to the proceeding may during the hearing object on evidentiary
				grounds to the admissibility of all or part of the prepared testimony or
				exhibits and move to strike same.
(c) Any amendments to the prepared testimony
				shall be served upon all parties and filed with the director or hearings
				officer in accordance with the prehearing order or as the presiding officer
				directs. A party introducing totally new matters by revisions or supplements
				shall attach a sworn affidavit explaining why these matters were not submitted
				with the previous testimony. The presiding officer may, if the explanation is
				unreasonable, reject the amended testimony.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 3 - RATE CHANGES › Section 16-96-9 - Investigation of rate changes

Current through June, 2024
The department may conduct its own investigation into such
				  rate change requests by either using State auditors or private certified public
				  accountants, whose expenses shall be borne by the department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 4 - QUARTERLY REPORTS › Section 16-96-13 - Filing of reports by pilot associations

Current through June, 2024
All pilot associations shall file with the director by the
				  thirtieth day of January, April, July, and October of each year a report of
				  revenues and expenses in a form to be determined by the
				  director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 4 - QUARTERLY REPORTS › Section 16-96-14 - Filing of reports by non-association member

Current through June, 2024
A pilot who is not an association member shall also file
				  with the director on or before the above-filing dates, a report of revenues and
				  expenses in a form to be determined by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 4 - QUARTERLY REPORTS › Section 16-96-15 - Audit of records

Current through June, 2024
The financial records of port pilots, deputy port pilots,
				  and the pilot associations relating to pilotage shall be subject to audit at
				  the discretion of the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-23 - Adequate supply of pilots

Current through June, 2024
In order to maintain an adequate supply of pilots, the
				  director may invite, as the need arises, qualified individuals to apply for
				  licensure as deputy port pilots.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-24 - Limitations of deputy port pilot license

Current through June, 2024
Except as otherwise provided, a deputy port pilot license
				  shall authorize the licensee to pilot vessels under five hundred feet in length
				  and less than thirty feet maximum draft at all deep draft harbors in the
				  State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-25 - Requirements for deputy port pilot license

Current through June, 2024
(a) An applicant
				for a deputy port pilot license shall file an application with the director at
				least sixty days prior to a scheduled deputy port pilot examination. The
				applicant shall:
(1) Be eighteen years of age
				or older;
(2) Possess a current
				United States coast guard license as master of steam and motor vessels of any
				gross tonnage upon oceans issued by the United States coast guard;
(3) Possess a United States coast guard
				endorsement as a first-class pilot for all deep draft harbors where pilot
				services are provided in the State; and
(4) Possess the following experience:
(A) Four years of ocean or coastwise service
				as a licensed deck officer, including at least one year as chief officer, on
				vessels of one thousand or more gross tons; or
(B) Two years of ocean or coastwise service
				as a licensed deck officer on vessels of one thousand gross tons or more, plus
				one year of pilot service, docking registered or enrolled vessels of at least
				five thousand gross tons; and
(C)
				The requirement to have served at least one year as chief officer may be
				substituted on a month-for-month basis by experience as a master of tugs,
				engaged in docking and undocking vessels of five thousand gross tons or more;
				and
(D) A minimum of fifty round
				trips in and out of Honolulu harbor to and from the various piers as an
				observer. Twenty-five of these trips shall have been on vessels over five
				thousand gross tons and at least ten shall have been during hours of
				darkness.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-26 - Requirements for port pilot license

Current through June, 2024
(a) An applicant
				for a port pilot license shall:
(1) Serve a
				minimum of eighteen months as a deputy port pilot licensed by the State in the
				following manner:
(A) The first six months
				shall include piloting vessels under five hundred feet in length and less than
				thirty feet maximum draft at all deep draft harbors in the State;
(B) The next twelve months shall include
				piloting vessels indicated in subparagraph (A) and in addition, vessels over
				five hundred feet in length and over thirty feet draft at all deep draft
				harbors in the State; provided that when piloting a vessel over five hundred
				feet in length and over thirty feet draft, a licensed Hawaii port pilot shall
				be present at all times; and
(C) A
				deputy port pilot shall not pilot a tanker or passenger vessel until the deputy
				port pilot has had twelve months of pilotage experience as a deputy port
				pilot.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-26.3 - Waiver of requirements for port pilot license

Current through June, 2024
Upon presentation of proof satisfactory to the director that
				  a deputy port pilot applicant for port pilot license has met the requirements
				  of section
				  16-96-26(1)(A) and
				  (B), the director may waive all or part of
				  the eighteen months service requirements of section
				  16-96-26(1).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-26.5 - Waiver of requirements for deputy port pilot license

Current through June, 2024
If the director finds that there is a shortage of pilots
				  that presents an imminent peril to the public health and safety, the director
				  may grant a limited and temporary deputy port pilot license to an applicant
				  that meets all requirements of section
				  16-96-25 except for first-class
				  endorsements for certain deep draft harbors other than Honolulu Harbor. A
				  deputy port pilot licensed under this section shall provide pilotage services
				  in only those waters for which the deputy port pilot has first-class
				  endorsements. A limited and temporary license issued under this section shall
				  expire after one year and cannot be renewed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-27 - Renewal of license

Current through June, 2024
A pilot who is in active service as a pilot in the State
				  shall be issued a renewed license upon submittal of a renewal application, the
				  renewal fee, and a current certificate of physical examination, dated no
				  earlier than sixty days before the renewal deadline.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-28 - Investigations, interviews, examinations, and audits

Current through June, 2024
In addition to requesting supporting documentation or
				  clarifying information from the applicant, the director or department may
				  initiate or require any investigation, interview, examination, or audit to be
				  performed as deemed appropriate. Any investigation, interview, examination, or
				  audit regarding an application may include a review of an applicant's
				  background including but not limited to an applicant's formal education and
				  seagoing and ship-handling experience or performance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-28.5 - Panel of knowledgeable individuals

Current through June, 2024
The director shall appoint a panel of knowledgeable
				  individuals that can be used to assist in the evaluation of the credentials and
				  pilotage experience of any applicant for a deputy port pilot or port pilot
				  license. The director may also consult with the panel of knowledgeable
				  individuals on other matters relating to pilotage.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 6 - REQUIREMENTS FOR LICENSE › Section 16-96-29 - Decision and appeal

Current through June, 2024
(a) After due
				consideration of all material presented, including but not limited to the
				application, experience, background, examination results, and personal
				interview of the applicant, the director shall issue a decision granting or
				denying the pilot's license application. In the case of a denial, the decision
				shall include a statement of the reasons for the decision.
(b) Within sixty days of the date of the
				decision, the applicant may petition the director for a hearing pursuant to
				chapter
				91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 7 - EXAMINATION › Section 16-96-30 - Written examination

Current through June, 2024
An applicant for a deputy port pilot license shall pass a
				  written examination that has been approved by the director and administered by
				  the department or a testing agency designated by the director. The examination
				  shall be in the English language.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 8 - PILOT LICENSE SUSPENSION, REVOCATION, AND DENIAL › Section 16-96-36 - Disciplinary action

Current through June, 2024
Upon receipt of information which indicates that a licensee
				  has violated any provision of this chapter or chapter
				  462A,
				  HRS, including but not limited to section
				  462A-8,
				  HRS, the director upon petition by the department may initiate a hearing
				  conducted pursuant to chapter 16-201, Hawaii Administrative Rules to determine
				  whether the license shall be suspended, revoked, or denied.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 8 - PILOT LICENSE SUSPENSION, REVOCATION, AND DENIAL › Section 16-96-37 - Suspension, revocation, and denial of license

Current through June, 2024
In addition to the provisions of section
				  462A-8,
				  HRS, the director may deny the issuance of a license to any applicant, and may
				  suspend or revoke the license of a pilot for the following reasons:
(1) Incompetence, including but not limited
				to, solo piloting a vessel that is beyond the capability of the pilot;
				and
(2) Noncompliance with the
				statewide pilotage system established by subchapter
				12.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 9 - PHYSICAL EXAMINATIONS › Section 16-96-40 - Physical examination requirement

Current through June, 2024
(a) Each applicant
				for an original or renewed pilot's license shall submit a certificate of
				physical examination to the director. The certificate shall be in a form
				prescribed by the director, shall be signed by a physician licensed to practice
				in the State, and shall be forwarded directly to the director by the
				physician.
(b) If a pilot fails to
				submit a current certificate of physical examination to the director prior to
				the renewal deadline but files the certificate within one year following the
				renewal deadline, the director shall renew the license without requiring the
				pilot to requalify as an original applicant for a license. If the pilot submits
				a certificate of physical examination to the director after one year following
				the renewal deadline, the director may restore the license based upon evidence
				that the pilot remains fit to perform pilotage duties or may require the pilot
				to reapply and fulfill the requirements of section 16-96-25 or 16-96-26 of this
				chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 9 - PHYSICAL EXAMINATIONS › Section 16-96-41 - Reporting requirements for physical or mental impairment

Current through June, 2024
Any licensed port pilot that has been physically or mentally
				  impaired for a period of sixty days or more shall report the impairment to the
				  director as soon as practicable after the sixty days have passed. The pilot
				  shall file with the director an examination report completed by a licensed
				  Hawaii physician declaring that the pilot is fit to resume active pilotage
				  before beginning such pilotage activities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 10 - INCIDENTS AND ACCIDENTS › Section 16-96-46 - Filing of report

Current through June, 2024
If a vessel under the directive of a port pilot is involved
				  in any incident of significance, such as collision, oil spillage or harbor
				  pollution, the director shall be notified as soon as practicable. In addition,
				  the pilot shall file a written report to the director within seven working days
				  if the incident or collision involved injury, death, extensive damages, or
				  running aground.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 10 - INCIDENTS AND ACCIDENTS › Section 16-96-47 - State department of transportation and United States coast guard rules

Current through June, 2024
Pilots shall abide by all applicable rules of the harbors
				  division of the State department of transportation, and of the United States
				  coast guard. Any material violation of such rules shall be punishable as
				  provided under section
				  462A-8,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 11 - ADMINISTRATIVE PROCEDURE › Section 16-96-51 - Administrative procedures

Current through June, 2024
Except as otherwise provided by chapter
				  462A,
				  HRS, or by this chapter, the administrative practice and procedure shall be as
				  provided in chapter 16-201, Hawaii Administrative Rules, which are incorporated
				  by reference and made a part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 11 - ADMINISTRATIVE PROCEDURE › Section 16-96-52 - Requests for additional material or documentation

Current through June, 2024
To facilitate the review of an application or petition, the
				  director or department may informally request the applicant or petitioner to
				  submit additional information or supporting documentation to clarify or
				  supplement the information already contained in the application or
				  petition.