reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 3 - DEALER'S REGISTRATION AND CERTIFICATION REQUIREMENTS › Section 16-87-11 - Registration of dealer

Current through June, 2024
(a) A person shall
				not be registered as a motor vehicle repair dealer unless the person is a duly
				registered or certified mechanic, or unless the person has in the dealer's
				employ, on a full-time basis, a duly registered or certified
				mechanic.
(b) A person who employs
				a mechanic and who engages in the business of diagnosing or repairing of
				malfunctions of motor vehicles shall be eligible to register as a motor vehicle
				repair dealer.
(c) A mechanic who
				engages in the business of diagnosing or repairing of malfunctions of motor
				vehicles shall be eligible to be registered as a motor vehicle repair
				dealer.
(d) Every motor vehicle
				repair dealer shall be a mechanic or shall have at least one mechanic in the
				dealer's employ.
(e) Registration
				of motor vehicle repair dealer shall be limited to the specialties or areas of
				certification in which the dealer and the dealer's full-time employees, or
				both, have been registered or certified as mechanics by the board.
(f) Any person engaging in the business of
				rebuilding or restoring rebuilt vehicles shall be registered or certified in or
				shall employ mechanics registered or certified in all eight automotive
				specialties and shall provide a $25,000 performance bond as required by section
				437-26,
				HRS.
(g) Any person doing business
				as an auto body shop, auto paint shop, auto glass shop, auto machine shop,
				radiator shop, or other auto specialty shops shall register with the board as a
				motor vehicle repair dealer if the person performs work on the motor vehicle
				involving the removal, replacement, and repairing or modification, or both, of
				any component of the motor vehicle's engine, automatic transmission, brakes,
				electrical systems, front and rear suspensions, air-conditioner, and standard
				transmission and rear axle.
(h) No
				motor vehicle repair dealer's registration shall be transferable.
(i) If a motor vehicle repair dealer uses a
				valid fictitious name or "dba" the dealer shall register the name or "dba" with
				the board.
(j) The dealer shall,
				within thirty days from the termination of the dealer's business, notify the
				board in writing of the termination and shall return to the board the dealer's
				certificate and identification card.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 3 - DEALER'S REGISTRATION AND CERTIFICATION REQUIREMENTS › Section 16-87-12 - Certification of dealer

Current through June, 2024
(a) A person shall
				not be a certified motor vehicle repair dealer unless at least fifty per cent
				of all the mechanics employed by the dealer on a full-time basis are certified
				mechanics.
(b) Certification of a
				motor vehicle repair dealer shall be limited to the specialties or areas of
				certification in which at least fifty per cent of the mechanics, who are
				employed by the dealer on a full-time basis, have been certified by the
				board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 3 - DEALER'S REGISTRATION AND CERTIFICATION REQUIREMENTS › Section 16-87-13 - Display of certificate

Current through June, 2024
The registration certificate or the certification
				  certificate of the dealer shall be displayed in a conspicuous place in the
				  dealer's place of business and on each of the dealer's mobile repair facilities
				  and shall clearly show the areas for which the dealer is registered or
				  certified.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 3 - DEALER'S REGISTRATION AND CERTIFICATION REQUIREMENTS › Section 16-87-14 - Denial

Current through June, 2024
If an application for registration or certification, or
				  temporary permit 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 right to a hearing if
				  so desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 3 - DEALER'S REGISTRATION AND CERTIFICATION REQUIREMENTS › Section 16-87-15 - Demand for hearing

Current through June, 2024
Any person whose application for registration or
				  certification, or temporary permit has been denied by the board shall be
				  entitled to a hearing after notice, provided that a demand for hearing is filed
				  with the board not later than sixty days of the date of the mailing of the
				  letter informing the applicant of the denial of the
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 3 - DEALER'S REGISTRATION AND CERTIFICATION REQUIREMENTS › Section 16-87-16 - Proceedings on demand for hearing

Current through June, 2024
If a demand for hearing is filed within the time prescribed,
				  the board shall order a hearing upon notice, which shall be conducted in accord
				  with the provisions of chapter 16-201 relating to contested cases and unless
				  the context otherwise requires, subchapter
				  6.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 4 - RECORDS REQUIRED; INSPECTION › Section 16-87-17 - Records

Current through June, 2024
The following records shall be maintained by the
				  dealer:
(1) Warranty work invoices;
				all warranty offered for repair work shall be so indicated on the repair order
				and shall indicate the terms of the warranty;
(2) All invoices, relating to automative
				repair including invoices received from other sources for parts or labor, or
				both;
(3) All written estimates
				pertaining to work performed, customer consent forms, and all other forms
				required by the board; and
(4) All
				work orders or contracts for repairs, or both, parts and labor. All records
				shall be maintained for at least two years. The records shall be open for
				inspection by the board or other law enforcement officials.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 5 - SIGN REQUIRED AND NOTICE TO CUSTOMER › Section 16-87-21 - Sign; notice

Current through June, 2024
A board approved sign shall be placed in all motor vehicle
				  repair dealer locations in a place and manner conspicuous to the public. The
				  sign shall not be less than 6" x 8" and shall be white with blue wording. The
				  sign shall give notice that inquiries concerning a service may be made to the
				  board and shall inform the customers that the customer is entitled to the
				  following:
(1) Written estimate for
				repair work;
(2) Detailed invoice
				of work done and parts supplied;
(3) Return of replaced parts, if requested at
				the time a work order is placed;
(4) Information and questions concerning
				paragraphs (1) to (3) should be directed to the manager of the repair facility;
				and
(5) Unresolved questions
				regarding service work may be submitted to the board. Location and telephone
				number of each island's office of the department of commerce and consumer
				affairs;
(6) The board will furnish
				the original sign and charge a reasonable fee for any replacement
				sign.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 6 - REQUIRED FORMS › Section 16-87-22 - Forms

Current through June, 2024
The board shall prescribe the form and content of all forms
				  required by chapter
				  437B, HRS, and by this chapter.
				  Customer Consent to Increase Cost of Repair Above the Estimate Price and
				  Customer's Waiver of Right to a Repair Estimate forms shall not be incorporated
				  with other forms.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 7 - ESTIMATE FOR REPAIRS › Section 16-87-23 - Fee for estimate

Current through June, 2024
A reasonable fee may be charged for making the estimate. The
				  motor vehicle repair dealer shall notify the customer of the fee prior to
				  making the estimate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 8 - REPLACED PARTS › Section 16-87-24 - Return of replaced parts; exceptions

Current through June, 2024
Upon request of the customer, the motor vehicle repair
				  dealer shall return replaced parts to the customer at the time of the
				  completion of the work. The motor vehicle repair dealer may but shall not be
				  required to return the following parts:
(1) Transmission;
(2) Differential; and
(3) Engine block.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 9 - MOTOR VEHICLE MECHANIC › Section 16-87-25 - Registration of mechanic

Current through June, 2024
(a) After July 1,
				1976, no person shall be registered as a motor vehicle mechanic unless the
				person has been certified by successfully passing a certification
				test.
(b) Except as provided in
				section
				437B-24(b),
				HRS, registration of a motor vehicle mechanic shall be limited to the
				specialties or areas of certification in which the person is certified by the
				board.
(c) No motor vehicle
				mechanic shall engage in the repair of motor vehicles for compensation unless
				the person is registered or certified as a motor vehicle repair dealer or
				unless the person is employed by a registered or certified repair
				dealer.
(d) Upon successfully
				passing the certification test and being certified, a person may apply for
				registration on a form, as prescribed by the board, accompanied by the required
				original biennial registration fee.
(e) The pocket card provided by the
				department to the mechanic shall be carried on the person or readily available
				for inspection upon request.
(f)
				Upon written request of a registrant, the board may place that person's active
				registration on an inactive status. The registrant, upon payment of the
				inactive registration fee of $20, may continue inactive status for the biennial
				period.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 9 - MOTOR VEHICLE MECHANIC › Section 16-87-26 - Certification of mechanic

Current through June, 2024
(a) There are
				established the following specialties or areas of certification:
(1) Automotive (eight specialties):
(A) Engine;
(B) Tune-up;
(C) Automatic transmission;
(D) Brakes;
(E) Electrical systems;
(F) Suspension and steering;
(G) Heating and air-conditioning;
				and
(H) Manual drive train and
				axles;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 10 - MOTOR VEHICLE MECHANIC HELPERS › Section 16-87-27 - Supervision by registered or certified mechanic

Current through June, 2024
Any person not a registered or certified mechanic who, for
				  compensation, engages in the diagnosis or repair of motor vehicles shall be
				  deemed to be a motor vehicle mechanic helper. The helper shall work under the
				  supervision of a registered or certified mechanic and the repair dealer shall
				  be answerable for failure to provide supervision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 11 - PROHIBITED PRACTICES AND ENFORCEMENT › Section 16-87-28 - Acts, omissions, and enforcement

Current through June, 2024
The acts or omissions and enforcement relating to the repair
				  of motor vehicles shall be in conformance with chapter
				  437B, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 12 - ADVERTISING › Section 16-87-33 - Advertising practices

Current through June, 2024
The following advertising practices are unlawful:
(1) To advertise as a motor vehicle repair
				dealer unless the repair dealership holds a valid registration issued under
				chapter
				437B, HRS;
(2) To advertise without including in the
				advertisement the motor vehicle repair dealer's registration number;
				and
(3) To advertise as being able
				to perform repair work in the specialties or areas of certification in which
				the motor vehicle repair dealer is not registered or certified.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 13 - PRACTICE AND PROCEDURE › Section 16-87-37 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for motor vehicle repair
				  dealers and mechanics shall be as provided in chapter 16-201, the rules of
				  practice and procedure of the department of commerce and consumer affairs which
				  are incorporated by reference and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 14 - ORAL TESTIMONY › Section 16-87-39 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall so notify the board no later than forty-eight hours prior to
				the meeting, and at that time shall 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 shall, at the beginning of the testimony,
				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;
(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 88 - NATUROPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-88-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  455, HRS, to the end that the
				  provisions thereunder may be best effectuated and the public interest most
				  effectively protected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-88-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
Every licensee shall file the licensee's mailing address with
				  the board and shall notify the board in writing of any and all changes within
				  thirty calendar days of the change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-88-4 - Payment of renewal fees

Current through June, 2024
Renewal fees paid by mail shall be considered as paid when
				  due if the envelope bears the postmark of December 31 or earlier of each
				  odd-numbered year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-88-5 - Automatic forfeiture of license

Current through June, 2024
A licensee's license shall be automatically forfeited
				  if:
(1) The licensee fails to pay the
				renewal fee on or before December 31 of each odd-numbered year;
(2) The licensee pays the renewal fee by
				check which is not honored due to insufficient funds; or
(3) For any other reason, the renewal fee
				shall be considered not paid.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-88-6 - Restoration of forfeited license

Current through June, 2024
A license which is forfeited pursuant to section 16-88-5 may
				  be restored upon:
(1) Submitting an
				application for renewal on a form approved by the board and payment of a
				renewal fee;
(2) Payment of all
				delinquent fees; and
(3) Payment of
				a penalty fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-88-7.5 - Use of titles

Current through June, 2024
A person licensed under chapter
				  455, HRS, and this chapter:
(1) Shall clearly identify him or herself as
				being a naturopathic physician;
(2)
				May use the titles "natureopath", "naturopath", "doctor of naturopathy",
				"doctor of naturopathic medicine", "naturopathic healthcare", "naturopathic
				physician", "naturopathic medicine", "naturopathy", "naturopathic doctor", and
				"N.D.";
(3) Shall not use any title
				to induce the belief that the person is licensed as a physician or an
				osteopathic physician in this State; and
(4) Shall not use the title "naturopathic
				medical doctor" or the acronym "N.M.D."; provided that this prohibition shall
				not apply to a naturopathic physician who is licensed as a physician or an
				osteopathic physician in this State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 2 - APPLICATIONS › Section 16-88-9 - Application for licensure

Current through June, 2024
(a) An application
				for licensure filed with the board shall be prepared in accordance with the
				application forms and instructions provided by the board and shall be
				accompanied by:
(1) The required application
				fees, which shall not be refunded;
(2) A certified copy of an official
				transcript;
(3) Passing scores of
				the examinations as required in section 16-88-14.1. The applicant shall be
				responsible for having the professional testing agency verify, directly to the
				board, the passing scores of the examinations as required in section
				16-88-14.1; and
(4) Any other
				documents deemed necessary by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 3 - EXAMINATION › Section 16-88-12.1 - Examination requirements for licensure

Current through June, 2024
Each applicant shall be required to take and pass the
				  following Naturopathic Physicians Licensing Examinations (NPLEX):
(1) Part I of the NPLEX;
(2) Part II of the NPLEX; and
(3) Examination on homeopathy; provided that
				after February 2007, the examination on homeopathy will no longer be a separate
				examination as it will be incorporated into the Part II of the NPLEX.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 3 - EXAMINATION › Section 16-88-12.2 - Educational requirements for licensure

Current through June, 2024
The naturopathic medical education program shall be a minimum
				  of four academic years, with in-residence curriculum in basic science and
				  clinical didactic studies, as well as clinical training.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 3 - EXAMINATION › Section 16-88-14.1 - Passing score

Current through June, 2024
(a) The passing score, which shall be
				verified directly to the board by the professional testing agency, for each
				examination or each part of the examinations specified in section 16-88-12.1
				shall be a converted score of at least seventy-five or a result of "P" or
				"pass"; provided that the score report of "P" or "pass" is equivalent to a
				converted score of at least seventy-five.
(b) The professional testing agency shall
				grade and score the examinations.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 3 - EXAMINATION › Section 16-88-14.2 - Reexamination

Current through June, 2024
(a) An applicant who fails any part of Part I
				of the NPLEX shall be required to retake all failed parts during the same
				administration of the NPLEX examination and shall attain a converted score of
				at least seventy-five on all parts of the examination that the applicant had
				failed and had retaken; provided that:
(1) An
				applicant who fails more than two parts of Part I of the NPLEX shall retake the
				entire Part I of the NPLEX; and
(2)
				An applicant who fails to pass all parts of Part I of the NPLEX within four
				attempts shall retake the entire Part I of the NPLEX. An applicant who has not
				passed all five parts of Part I of the NPLEX prior to August 2009, shall retake
				the entire Part I of the NPLEX. After February 2009, an applicant who fails any
				part of the Part I of the NPLEX shall retake the entire examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 4 - HEARINGS › Section 16-88-15 - Denial

Current through June, 2024
If an application for a license, renewal of a license, or
				  restoration of a license is denied by the board, the applicant or licensee, as
				  the case may be, shall be notified by letter of the board's action which shall
				  include a concise statement of the reasons for denial and a statement informing
				  the applicant or licensee of the right to a hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 4 - HEARINGS › Section 16-88-16 - Demand for a hearing

Current through June, 2024
Any person whose application for a license, renewal of a
				  license, or restoration of a license has been denied by the board may petition
				  for hearing relief pursuant to chapter
				  16-201; provided that the petition for
				  hearing relief is filed with the board within sixty calendar days of the date
				  of the denial of the application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 4 - HEARINGS › Section 16-88-17 - Proceedings upon demand for a hearing

Current through June, 2024
If a demand for a hearing is filed pursuant to section
				  16-88-16, the board shall order a hearing pursuant to chapter
				  16-201.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 4 - HEARINGS › Section 16-88-18 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure provided in chapter
				  16-201, as amended, shall be followed
				  for administrative hearings, and are hereby incorporated into and made a part
				  of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 5 - ORAL TESTIMONY › Section 16-88-20 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's 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
				prior to the meeting, and at that time shall 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 shall, at the beginning of the testimony,
				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 88 - NATUROPATHS › Subchapter 7 - FEES › Section 16-88-31 - Fees

Current through June, 2024
All fees under chapter
				  455, HRS, and this chapter shall be
				  specified in chapter
				  16-53, relating to boards and
				  commissions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 9 - PARENTERAL THERAPY › Section 16-88-56 - Authorization to use parenteral therapy required

Current through June, 2024
(a) For the
				purposes of this chapter, parenteral therapy is limited to subcutaneous,
				intramuscular, and intravenous injection.
(b) Only a naturopathic physician licensed
				under chapter
				455, HRS, who meets the education and
				training requirements of this subchapter shall be authorized to administer
				parenteral therapy in the naturopathic physician's practice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 9 - PARENTERAL THERAPY › Section 16-88-57 - Education and training requirements for parenteral therapy

Current through June, 2024
(a)
				To qualify to administer parenteral therapy in the naturopathic physician's
				practice, a naturopathic physician shall submit an application and applicable
				fees to the board and demonstrate that the naturopathic physician has:
(1) A current naturopathic physician's
				license in this State; and
(2)
				Completed a qualifying course on parenteral therapy from an approved course
				provider as provided in this section.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 9 - PARENTERAL THERAPY › Section 16-88-58 - Disapproval of course providers, courses, and instructors

Current through June, 2024
(a)
				Course providers, courses, and instructors may be disapproved when:
(1) The instructor or administrators of the
				course provider have had any disciplinary action imposed against them in any
				jurisdiction; or
(2) The course
				provider, course, or instructor fails to meet the requirements in section
				16-88-57.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 9 - PARENTERAL THERAPY › Section 16-88-59 - Standards to administer parenteral therapy

Current through June, 2024
(a) To protect the
				general public, every licensee authorized to administer parenteral therapy in
				the licensee's practice shall make a good faith effort to comply with the
				standards set forth in this section. These standards are designed to be a
				systematic process to improve professional performance, a measurable tool for
				implementation and disciplinary action, and a statement of level of practice
				for the best outcome in patient care. Standard of practice guidelines for
				parenteral therapy are not intended to replace professional clinical judgment
				in individual cases, but rather to establish patient care parameters for safe
				and effective patient care.
(b)
				Standards of care summary:
(1) General and
				intravenous specific history and physical examination;
(2) Appropriate laboratory
				evaluations;
(3) Referrals:
				assessment of referral from other provider and necessity for potential referral
				from your facility;
(4) Prevention
				and intervention: assessment of need for prevention of adverse events specific
				to the patient's history and condition and intervention in the plan to address
				these assessments;
(5) Follow up
				evaluation: evaluate the patient at the end of treatment and on
				discharge;
(6) Stated assessment on
				weekly, monthly, quarterly, or yearly basis: the original plan should have
				treatment goals and intervals for follow up assessment;
(7) Therapeutic options: address other
				options (additional to the original plan) as the need arises;
(8) Self management education: assure that
				patient follow-up instruction is given and patient care at home is addressed;
				and
(9) Note appropriate details of
				treatment in a patient's record.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 10 - MINOR OFFICE PROCEDURES › Section 16-88-70 - Authorization to perform minor office procedures required

Current through June, 2024
(a)
				Only a naturopathic physician licensed under chapter
				455, HRS, who meets the examination
				requirements of this section shall be authorized to perform minor office
				procedures in the naturopathic physician's practice.
(b) To qualify to perform minor office
				procedures in the naturopathic physician's practice, a naturopathic physician
				shall submit an application and applicable fees to the board and demonstrate
				that the naturopathic physician has a current naturopathic physician's license
				in this State, and:
(1) Successfully passed
				the NPLEX Clinical Elective Minor Surgery Examination; or
(2) Licensees who were licensed prior to the
				establishment of the NPLEX may provide evidence of successful passage of a
				minor surgery examination that was administered by another licensing
				jurisdiction and required to allow the licensee to practice minor surgery in
				that licensing jurisdiction. The licensee shall be responsible for having the
				other licensing jurisdiction verify, directly to the board, the successful
				passage of the minor surgery examination and that passage of that examination
				was required to allow the licensee to practice minor surgery in that licensing
				jurisdiction.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 88 - NATUROPATHS › Subchapter 11 - STANDARDS OF PRACTICE, CARE, AND ETHICS › Section 16-88-81 - Standards of practice and care

Current through June, 2024
(a) Basic
				standards. To protect the general public, a naturopathic physician shall make a
				good faith effort to abide by the standards of practice and patient care
				provided in this section.
(b)
				Ongoing education. A naturopathic physician shall use his or her best efforts
				to keep up with the changes and advancements in naturopathic medicine.
(1) A naturopathic physician shall critically
				and without bias evaluate new therapeutic agents and methods that may be of
				benefit to the naturopathic physician's patients; and
(2) A naturopathic physician shall use his or
				her best efforts to continually evolve the naturopathic physician's practice of
				medical care to provide increased benefit to patients.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 1 - GENERAL PROVISIONS › Section 16-89-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  457, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively served. The scopes of
				  nursing practice established in chapter
				  457,
				  Hawaii Revised Statutes, and this chapter are to serve as general guidelines
				  and not intended to address the appropriateness of or to grant permission to
				  implement specific procedures in particular work settings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 1 - GENERAL PROVISIONS › Section 16-89-3 - Licensure requirement

Current through June, 2024
(a) A nurse engaged
				in practice as a registered nurse or licensed practical nurse shall possess a
				current Hawaii license. Until such time as a license is issued, the nurse may
				not be employed as either a RN or LPN.
(b) Nurses not licensed in Hawaii, whether
				United States citizens or aliens, who are enrolled in accredited nursing
				education programs for practical nurse ("PN"), associate degree ("AD"),
				bachelor of science ("BS"), or graduate-level program in nursing, shall not be
				in violation of the law, provided the practice of nursing is incidental to the
				program of study as stated in section
				457-13, HRS.
(c) Nurses not licensed in Hawaii, whether
				United States citizens or aliens, who are enrolled in ancillary health training
				programs that are not regulated by the board, shall not be in violation of the
				law provided the practice of nursing is incidental to the ancillary health
				training programs.
(d) Faculty
				members whose Hawaii licenses are pending shall provide instruction in theory
				only. Instruction in the clinical area shall not be provided until the Hawaii
				license is issued.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 2 - LICENSE BY EXAMINATION › Section 16-89-7 - Registration, time, and place

Current through June, 2024
Registration for and the time and place for the National
				  Council Licensure Examination (NCLEX) shall be designated by the National
				  Council unless otherwise determined by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 2 - LICENSE BY EXAMINATION › Section 16-89-8 - License requirements

Current through June, 2024
(a) Persons
				applying for a license by examination shall submit to the board:
(1) An application prescribed by the board
				accompanied by the required fee;
(2) A student final record or official
				transcript sent directly from the applicant's school to the board to establish
				compliance with section
				16-89-10,
				16-89-11,
				or
				16-89-12;
				and
(3) Applicants whose school of
				nursing records are unobtainable because of events beyond the control of the
				applicant shall be considered on an individual basis when the following is
				found to be satisfactory to the board:
(A)
				Evidence of graduation from a school of nursing that is recognized by the
				board; or
(B) Evidence of previous
				licensure as a nurse in another state or a United States jurisdiction;
				and
(C) Two notarized letters from
				official agencies or previous colleagues.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 2 - LICENSE BY EXAMINATION › Section 16-89-9 - Examination policies

Current through June, 2024
(a) The passing
				standards for the NCLEX-RN and NCLEX-PN examinations accurately reflect the
				amount of nursing ability currently required to practice competently at the
				entry level. The passing standards for the NCLEX-RN and the NCLEX-PN shall be
				established by the National Council of State Boards of Nursing unless otherwise
				determined by the board.
(b)
				Candidates may take the examination, provided candidates register for each
				examination. Any candidate who fails the license examination three times,
				regardless of when or where the examination was taken, and regardless of which
				state or jurisdiction the candidate was made eligible, shall be required to
				complete a board-approved remedial course and submit proof of passing the
				course before the candidate may be approved for reexamination. The candidate
				shall apply for reexamination within six months after completion of the
				remedial course. After taking the remedial course, the candidate may be
				approved to retake the examination up to three additional times before the
				candidate is required to take remediation again.
(c) Graduates from programs which are outside
				the United States who have been granted licensure in another state or United
				States jurisdiction shall be required to pass the NCLEX-RN or NCLEX-PN or the
				State Board Test Pool Exam or SBTPE (Canadian provinces only) before a license
				is granted.
(d) The board
				determination regarding candidate eligibility for examination shall be made
				after receipt of complete application as described in section
				16-89-8(a), (b),
				or (c).
(1)
				The board shall notify the testing service of eligibility status of the
				candidate.
(2) The frequency of
				retests by unsuccessful candidates shall be as established by the National
				Council unless otherwise determined by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 2 - LICENSE BY EXAMINATION › Section 16-89-10 - Eligibility for registered nurse examination

Current through June, 2024
Graduates of the following nursing programs shall be eligible
				  to take the NCLEX-RN, provided the requirements of section
				  16-89-47
				  have been met:
(1) A state-approved or
				nationally accredited baccalaureate, the pre-licensure portion of a graduate
				level program in nursing, an associate degree or diploma nursing program in the
				United States or district or a territory of the United States;
(2) A foreign nursing school: and
(A) Applicants shall have their transcripts
				evaluated by a professional education credentials evaluator recognized by the
				board and shall have a report sent directly to the board by the evaluator;
				and
(B) Applicants whose reports
				from a board-recognized education credentials evaluator indicate that they have
				successfully completed a nursing program which is comparable to an accredited
				nursing program in the United States shall be deemed qualified as having met
				the educational requirements set forth in chapter
				457, HRS,
				and this chapter; or
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 2 - LICENSE BY EXAMINATION › Section 16-89-11 - Eligibility for licensed practical nurse examination

Current through June, 2024
Graduates of the following programs shall be eligible to take
				  the NCLEX-PN, provided the requirements of section
				  16-89-48
				  have been met:
(1) Any state-approved
				or National League of Nursing accredited practical nursing program in the
				United States or a United States jurisdiction;
(2) Armed forces programs which have been
				approved by the board in the state where the program is located and provided
				the program meets or surpasses the educational standards of this board in
				accordance with this chapter;
(3)
				Foreign nursing schools: Applicants shall have their transcripts evaluated by
				professional education credentials evaluators designated by the board and shall
				have a report sent directly to the board by the evaluator; and
(4) A state-approved certificate by
				examination program recognized by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 2 - LICENSE BY EXAMINATION › Section 16-89-12 - Other eligible candidates

Current through June, 2024
The following shall be eligible to take the NCLEX-PN,
				  provided the requirements of section
				  16-89-48
				  have been met:
(1) Nursing students
				who withdrew in good standing from state-approved programs which prepare
				graduates for practice as registered nurses, who have successfully completed
				the current minimum curriculum requirements for LPN licensure at the time of
				application and have submitted acceptable evidence to the board; and
(2) Nursing students presently enrolled in
				state-approved programs which prepare graduates for practice as registered
				nurses who have successfully completed the minimum curriculum requirements for
				LPN licensure and have submitted acceptable evidence to the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 3 - LICENSE WITHOUT EXAMINATION › Section 16-89-16 - License requirements

Current through June, 2024
An applicant for license without examination shall submit to
				  the board:
(1) An application
				prescribed by the board accompanied by the required fee;
(2) A verification of license completed by
				the originating state board verifying licensure; completion of United States
				accredited nursing program or nursing program approved by state board as being
				equivalent to a United States accredited nursing education program; licensing
				exam score(s) and exam series; number of times applicant wrote exam; and
				whether or not there are any encumbrances on the license.
The verification of license form shall be signed and sealed
				  by the originating state board showing that the eligibility requirements of
				  this chapter, including the requirements of section
				  16-89-17
				  or
				  16-89-18
				  have been met. Verification obtained directly from Nursys shall not require a
				  signature or seal. However, all other eligibility requirements of this chapter
				  shall be met; and
(3) A
				self-query report from the NPDB. The board may require additional background
				checks of nurse applicants from an independent background check service as
				approved by the board, provided that the applicant shall pay the cost of the
				background check.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 3 - LICENSE WITHOUT EXAMINATION › Section 16-89-17 - Eligibility for registered nurse license without examination (endorsement)

Current through June, 2024
The following shall be eligible; provided all applicable
				  requirements of this chapter and chapter
				  457, HRS,
				  have been met:
(1) Applicants who are
				graduates of accredited United States schools of nursing including graduates of
				external degree programs recognized by the board who meet the requirements of
				section
				16-89-9;
(2) Applicants who are graduates of nursing
				schools located outside the United States who have met the requirements of
				section
				16-89-9;
				or
(3) Applicants who passed a
				registered nurse state board constructed licensing examination in another
				jurisdiction of the United States prior to the inception of the SBTPE in that
				jurisdiction.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 3 - LICENSE WITHOUT EXAMINATION › Section 16-89-18 - Eligibility for practical nurse license without examination (endorsement)

Current through June, 2024
The following shall be eligible; provided all applicable
				  requirements of this chapter and chapter
				  457, HRS,
				  have been met:
(1) Applicants who are
				graduates of accredited United States schools of practical nursing, and who
				meet the requirements of section
				16-89-9;
(2) Applicants who are graduates of schools
				of practical nursing located outside the United States who have met the
				requirements of section
				16-89-9;
				or
(3) Applicants who have passed a
				practical nurse state board constructed licensing examination in another
				jurisdiction of the United States prior to the inception of the SBTPE in that
				jurisdiction.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 4 - TEMPORARY PERMITS › Section 16-89-22 - Eligibility

Current through June, 2024
Temporary permits shall be granted to nurses who have been
				  licensed by another state board of nursing, have passed a professional
				  licensing examination recognized by the board, and have filed:
(1) An application prescribed by the board
				and accompanied by the required fee;
(2) Satisfactory evidence of a current
				license in another state, provided that the applicant submits proof that the
				applicant has requested from the originating state board a verification of
				licensure;
(3) Verification of
				employment by a Hawaii employer when the temporary permit is granted;
				and
(4) A self-query report from
				the NPDB. The board may require additional background checks of nurse
				applicants from an independent background check service as approved by the
				board, provided that the applicant shall pay the cost of the background check.
The temporary permit shall be valid for only that employer
				  and shall be in effect until the verification of licensure is received from the
				  originating state board, provided it is received within three months. The board
				  may grant an extension if verification receipt is delayed for good reasons
				  beyond applicant's control.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 4 - TEMPORARY PERMITS › Section 16-89-23 - Conditions

Current through June, 2024
(a) A second temporary permit shall not be
				granted.
(b) Temporary permits may
				be invalidated in accordance with section
				457-15,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 5 - LICENSE RENEWAL › Section 16-89-27 - Notice

Current through June, 2024
Notices to renew licenses shall be made available biennially
				  to holders of active licenses to the address of record. Failure to receive the
				  notice shall not be a valid reason for non-renewal. Each licensee shall be
				  responsible for ensuring timely renewal of the licensee's own nursing
				  license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 5 - LICENSE RENEWAL › Section 16-89-28 - Dishonored checks

Current through June, 2024
Licensees who submit checks which are not honored by the bank
				  and who do not make their checks good on or before June 30 of the year of
				  renewal shall be subject to a penalty for late renewal in addition to the
				  renewal fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 5 - LICENSE RENEWAL › Section 16-89-29 - Inactive status

Current through June, 2024
Licensees who do not intend to practice nursing in Hawaii may
				  request inactive status by writing to the board or by indicating so on the
				  license renewal form. It shall be the responsibility of each licensee on
				  inactive status to keep abreast with current licensing and renewal
				  requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 5 - LICENSE RENEWAL › Section 16-89-30 - Return to active status

Current through June, 2024
Return to active status shall require written notice to the
				  board, payment of the current renewal fee and the compliance resolution fund
				  fee, provided under section
				  16-53-27, and
				  fulfillment of the current licensing and license renewal
				  requirements.