reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-92-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
Every licensee shall file the licensee's business address
				  with the board and shall notify the board in writing, of any and all changes
				  within thirty days of the change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-92-4 - Display of wall certificate; license identification card

Current through June, 2024
The wall certificate shall be conspicuously displayed in the
				  place of business and the licensee shall have evidence of current licensure in
				  the licensee's possession at all times.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-92-5 - Renewal of license

Current through June, 2024
Renewal fees paid by mail shall not be considered as
				  delinquent if the envelope bears a postmark of December 31 of each odd-numbered
				  year or earlier. In addition to the renewal fee, each licensee shall submit the
				  required continuing education hours pursuant to subchapter 7.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-92-7 - Forfeiture of license

Current through June, 2024
Failure to submit the required renewal fees and continuing
				  education hours pursuant to subchapter 7 on or before December 31 of each
				  odd-numbered year shall constitute a forfeiture of license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-92-8 - Restoration of forfeited license

Current through June, 2024
(a) A license which
				is forfeited due to failure to submit continuing education hours pursuant to
				subchapter 7 and the renewal fee by December 31 of each odd-numbered year may
				be restored within four years upon payment of a penalty fee, all delinquent
				fees and recordkeeping fees, and submittal of all continuing education hours
				required for the previous biennium.
(b) A person who fails to restore the license
				as provided in this section, shall apply as a new applicant and meet the
				current requirements at the time the application is filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 2 - APPLICATIONS › Section 16-92-10 - Forms and instructions

Current through June, 2024
(a) An application
				for license or therapeutic certification filed with the board shall be prepared
				in accordance with and contain the information called for in the application
				form provided by the board, or any instructions which may be required by the
				board with respect to the filing. A certified copy of the applicant's diploma
				or certificate of graduation and applicable NBEO written and practical
				examinations scores shall be submitted with the application for license. Each
				applicant for licensure shall attest that the applicant has read and will abide
				by the provisions of chapter
				459,
				HRS, and this chapter.
(b)
				Applicants shall submit appropriate forms prescribed by the board for
				licensure, certification, renewal of license, and restoration of license, and
				any other forms designated by the board. The aforementioned forms may be
				modified from time to time as required.
(c) The appropriate fees shall be paid as
				provided in chapter 16-53.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 3 - HEARINGS › Section 16-92-13 - Denial

Current through June, 2024
If an application for examination, issuance of a license or
				  certificate, 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 therefor and a statement informing the applicant or licensee, as the
				  case may be, of the right to a notice and hearing if so
				  desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 3 - HEARINGS › Section 16-92-14 - Demand for a hearing

Current through June, 2024
Any person whose application for examination, issuance of a
				  license or certificate, 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, administrative practice and procedure, provided that the petition for
				  hearing relief is filed with the board within sixty days of the date of the
				  denial of the application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 3 - HEARINGS › Section 16-92-15 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for hearing is filed within the time prescribed
				  pursuant to section
				  16-92-14, the board shall order a
				  hearing pursuant to chapter 16-201, administrative practice and
				  procedure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 3 - HEARINGS › Section 16-92-16 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedures for optometrists shall
				  be as provided in chapter 16-201, the rules of practice and procedure of the
				  department which are incorporated by reference and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 4 - ORAL TESTIMONY › Section 16-92-17 - 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 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 92 - OPTOMETRISTS › Subchapter 5 - EXAMINATION › Section 16-92-19 - Examination requirements for license

Current through June, 2024
(a) Each applicant
				shall be required to take and pass the following:
(1) All parts of the NBEO written
				examinations; and
(2) The NBEO
				practical (Patient Care) examination.
Subjects covered in the above examinations shall be
				  established by the NBEO
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 5 - EXAMINATION › Section 16-92-20 - NBEO examinations

Current through June, 2024
The board shall not accept the scores of the NBEO written
				  examinations unless the examinations were passed in their entirety by the
				  applicant after December 31, 1986. The board shall not accept the scores of the
				  practical (Patient Care) examination unless the examination was passed in its
				  entirety by the applicant after January 1, 1991. The board may accept scores
				  earned prior to these dates if the examination taken is determined by the NBEO
				  to be substantially equivalent to current examinations, and the applicant holds
				  a current and valid license under the laws of another state.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 5 - EXAMINATION › Section 16-92-25 - Courses and examination to use diagnostic pharmaceutical agents (DPAs)

Current through June, 2024
(a) All optometrists licensed after January
				1, 1987, shall be required to be certified to use DPAs by having taken and
				passed a pharmacology course given by an optometric school, college, or
				university accredited by a regional or professional accreditation organization
				and recognized by the council on post-secondary accreditation or by the United
				States Office of Education, and having passed the NBEO practical (Patient Care)
				examination.
(b) An optometrist
				holding a current and valid license under the laws of another state or
				jurisdiction, in addition to Hawaii, may be certified to administer DPAs for
				examination purposes provided the licensee meets the requirements set forth in
				subsection (a), or is certified to administer DPAs in the other state or
				jurisdiction, at the time of application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 5 - EXAMINATION › Section 16-92-25.1 - Requirements for therapeutic certification

Current through June, 2024
Each applicant for therapeutic certification shall hold a
				  current and unencumbered license, with certification to use DPAs, and submit
				  documentation of successful completion of the following requirements:
(1) A one hundred hour board approved course
				in the treatment and management of ocular diseases prepared and graded by an
				accredited school of optometry, provided that an applicant who graduated from
				an accredited optometric college, school, or university after January 1, 1997,
				may satisfy the course requirement by submitting written verification from the
				optometric college, school, or university that the applicant has satisfactorily
				completed at least one hundred hours of education in the treatment and
				management of ocular diseases. Board approval of the course includes, but is
				not limited to:
(A) Favorable evaluation of
				the applicant's official transcripts, as related to the course in the treatment
				and management of ocular diseases, issued by an accredited school of
				optometry;
(B) The provision of
				written verification from the accredited school of optometry that the applicant
				has satisfactorily completed the course; and
(C) Any other such criteria, as determined
				and approved by the board;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 5 - EXAMINATION › Section 16-92-26 - Reciprocity

Current through June, 2024
An optometrist who is registered and licensed under the laws
				  of another state or jurisdiction shall be licensed in this State, subject to
				  all of the following:
(1) That the
				originating state accords like privileges to the licensees of this
				State;
(2) That the educational
				requirements of the originating state are equivalent to or greater than those
				of this State, as specified in section
				459-7,
				HRS;
(3) That the applicant has met
				the requirements of section 16-92-10;
(4) That the applicant has passed the NBEO
				written and practical examinations in their entirety;
(5) That the applicant shall have been
				engaged in the practice of optometry or in federal service continuously for not
				less than four of the five years immediately preceding the date of
				application;
(6) That the applicant
				must not have committed acts which constitute professional misconduct, gross
				carelessness or negligence, or manifest incapacity in the practice of optometry
				as specified in subchapter
				10; and
(7) That all states or jurisdictions in which
				applicant is licensed provide a certified statement that the license of the
				applicant shall not have been and is not currently in the process of being
				investigated, suspended, or revoked by that state for any cause which
				constitutes grounds for revocation, suspension, or refusal to issue a license
				as specified in this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 7 - CONTINUING EDUCATION › Section 16-92-38 - Minimum hours

Current through June, 2024
(a) Licensees who are not therapeutically
				certified shall obtain thirty-two hours during the biennium in approved
				programs of continuing education for relicensure. A person who is initially
				licensed in the first year of the biennium shall be required to submit
				certification of having earned sixteen continuing education hours for the
				biennium, and a person who obtains licensure in the second year of the biennium
				need not obtain any continuing education hours for the first renewal of the
				license.
(b) Licensees who are
				therapeutically certified shall obtain thirty-six hours of approved continuing
				education in the diagnosis, treatment, and management of ocular and systemic
				diseases for relicensure, regardless of initial date of licensure. The one
				hundred hour course in the treatment and management of ocular disease shall
				satisfy the thirty-six hour requirement provided that the course was taken
				within the two years prior to the date the application of license renewal was
				received by the board, and credits for the course were not used for a previous
				license renewal.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 7 - CONTINUING EDUCATION › Section 16-92-39 - Educational courses; approval

Current through June, 2024
(a) Professional
				educational but not practice management courses sponsored by the following are
				automatically approved:
(1) United States
				accredited colleges and schools of optometry;
(2) Regional and national optometric
				societies and councils;
(3)
				American Academy of Optometry;
(4)
				International Optometric Extension Program Foundation; and
(5) United States optometric
				associations.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 7 - CONTINUING EDUCATION › Section 16-92-40 - Certificates of continuing education

Current through June, 2024
(a) Certificates of
				continuing education shall be submitted on or before December 31 of each
				odd-numbered year and shall contain the following information:
(1) Name of sponsoring
				organization;
(2) Name of
				licensee;
(3) Place of
				course;
(4) Title of
				course;
(5) Number of hours of
				course;
(6) Date of
				course;
(7) The index number
				assigned by the board, except for courses provided by sponsors listed in
				section 16-92-39(a) and (b); and
(8) Signature of lecturer or any authorized
				official of the sponsoring body.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 7 - CONTINUING EDUCATION › Section 16-92-41 - Hours which qualify

Current through June, 2024
(a) A minimum of
				fifty minutes shall constitute one continuing education hour. The hours spent
				in continuing education programs shall be measured as follows:
(1) One hour of attendance in a group program
				other than a university or college course shall equal one continuing education
				hour;
(2) An academic credit hour
				earned on a semester basis at an accredited university or college as specified
				in section 16-92-39(a)(1) shall equal fifteen continuing education
				hours;
(3) An academic credit
				earned on a quarter basis at an accredited university or college as specified
				in section 16-92-39(a)(1) shall equal ten continuing education hours;
				and
(4) One accredited university
				or college classroom hour in non-credit study shall equal one continuing
				education hour.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 7 - CONTINUING EDUCATION › Section 16-92-42 - Exceptions

Current through June, 2024
Any licensee seeking restoration of license without full
				  compliance with the continuing education requirements shall submit the
				  restoration application, the required fees, a notarized affidavit setting forth
				  the facts explaining the reasons for noncompliance, and a request to extend the
				  time for compliance if good cause is shown. The board shall consider each case
				  on an individual basis and may extend the time for compliance of the
				  requirements based on the following:
(1) Health, as certified by a medical doctor
				currently licensed in accordance with chapter
				453, HRS, or licensed in the state or
				jurisdiction in which the applicant was treated; or
(2) Military service on extended active duty
				with the armed forces of the United States.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 10 - PROFESSIONAL MISCONDUCT › Section 16-92-49 - Actions which constitute professional misconduct, gross carelessness or negligence, or manifest incapacity in the practice of optometry

Current through June, 2024
Professional misconduct, gross carelessness or negligence,
				  or manifest incapacity in the practice of optometry includes, but shall not be
				  limited to, any of the following:
(1)
				Fraudulent or deceptive procurement or use of a license or
				certificate;
(2) Making or filing a
				false report or records in the practice of optometry, wilfully impeding or
				obstructing the proper making and filing of reports or records, or wilfully
				failing to file the proper report or record;
(3) Exercising undue influence on a person
				using the licensee's services, or promoting the sale or use of services or
				goods in a manner which exploits a person for the financial gain of the
				practitioner or third party;
(4)
				Failure to comply with provisions of federal law or state statute governing the
				practice of optometry;
(5)
				Conviction of a crime related to the practice of optometry;
(6) Failing to make available, upon request
				of a person using the licensee's services, or the person's designee, copies or
				summaries of documents in the possession and under the control of the licensee,
				when those documents have been prepared by the licensee relating to the
				licensee's services performed for the person;
(7) Practicing optometry when medically unfit
				to do so; and
(8) Malpractice, or
				an act or acts below the standard of care held by practitioners in the same
				community.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 12 - TRADE NAMES › Section 16-92-65 - Approval of trade name

Current through June, 2024
All trade names, other than the licensed name of an
				  individual optometric practitioner, shall be approved by the board. All trade
				  names shall not connote or imply any relationship either directly or indirectly
				  with any governmental agencies (municipal, state, or federal), union or labor
				  organizations, church or religious sects, schools or colleges, medical or
				  optometric material manufacturing business corporations or companies, nor shall
				  it imply that it is connected with any race or racial organizations, student
				  leagues, fraternities or sororities, or imply the use of specialized
				  techniques.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 12 - TRADE NAMES › Section 16-92-66 - Trade name restricted to licensee

Current through June, 2024
Whenever a trade name is used, the trade name shall be used
				  in conjunction with the name under which the licensee is licensed to practice.
				  The only exception to this rule shall be when the trade name is used verbally.
				  If the name of a licensed optometrist appears in the trade name of the firm and
				  the optometrist's association with the firm is terminated because of
				  resignation, retirement, or otherwise, the trade name shall be deleted
				  forthwith.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 12 - TRADE NAMES › Section 16-92-67 - Registration of trade name

Current through June, 2024
Once approved by the board, all trade names shall be
				  registered with the business registration division of the department, in
				  accordance with chapter
				  482, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 1 - GENERAL PROVISIONS › Section 16-93-1 - Objective

Current through June, 2024
This chapter adopted by the board of osteopathic examiners,
				  hereafter referred to as "board", is intended to clarify chapter
				  460, Hawaii Revised Statutes, to the
				  end that the provisions thereunder may be best implemented and the public
				  interest most effectively protected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-2 - General requirements

Current through June, 2024
(a) An application
				filed with the board shall be prepared in accordance with and contain the
				information called for in the application form prescribed by the board, or any
				instructions which may be issued by the board.
(b) The applicant may be licensed by any of
				the following means:
(1) By
				examination;
(2) By endorsement;
				and,
(3) By reciprocity.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-3 - Application for license by examination

Current through June, 2024
(a) In addition to
				the requirements of section 16-93-2(c), an applicant for license by examination
				shall comply with the requirements of this section.
(b) The applicant shall submit verification
				of eligibility for meeting the requirements of the American Osteopathic
				Association (AOA) toward a certificate from the National Board of Osteopathic
				Medical Examiners, Inc., (NBOME). The evidence of eligibility shall verify that
				the applicant meets the following:
(1)
				Evidence of a passing grade on the examination given by the NBOME or by the
				Federation of State Medical Board of the United States, Inc., (FLEX). The
				passing score for the NBOME and FLEX is a score of 75 or more for each part of
				component; and
(2) Verification of
				any other osteopathic licenses held in other jurisdictions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-4 - Application for license by endorsement

Current through June, 2024
In addition to the requirements of section
				  16-93-2(c), an
				  applicant for license by endorsement shall comply with the requirements of this
				  section and shall submit the following:
(1) Verification of the NBOME certificate; or
				the FLEX transcript of grades; and
(2) Verification of any other osteopathic
				licenses held in other jurisdictions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-4.1 - Application for license by reciprocity

Current through June, 2024
In addition to the requirements of section
				  16-93-2(c), an
				  applicant for license by reciprocity shall comply with the requirements of this
				  section and shall submit the following:
(1) Copy of license and verification that the
				license is currently active, unrestricted, and not subject to disciplinary
				action;
(2) Verification of
				osteopathic licenses held in all jurisdictions; and
(3) Verification of any specialty
				postdoctoral awards.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-5 - Preliminary scrutiny of the application

Current through June, 2024
The executive secretary, under supervision of the chairman,
				  shall preliminarily scrutinize each application filed with the board, and shall
				  preliminarily advise the applicant with regard to proper compliance with the
				  laws and rules governing the application; provided that nothing in this section
				  shall be construed to limit the board's authority and responsibility ultimately
				  to pass upon the applicant's qualifications.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-6 - Preliminary investigation of applicants

Current through June, 2024
Upon request of any member of the board, the executive
				  secretary of the board shall, under supervision of the chairman, initiate
				  preliminary investigation of applicants in conjunction with the investigative
				  staff of the department of commerce and consumer affairs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-7 - Denial of application

Current through June, 2024
In the event any application for a license is not reported
				  favorably, the board shall notify the applicant by mail of the board's action
				  which letter shall include a concise statement of the reasons therefor and a
				  statement informing the applicant of the right to a hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-8 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for hearing is filed with the board within sixty
				  days of the date of the letter informing the applicant of the denial of
				  application, the board shall order a hearing, in accordance with the standard
				  procedures of the department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 2 - APPLICATION › Section 16-93-9 - Abandonment of application

Current through June, 2024
An application shall be deemed to have been abandoned if all
				  requirements, including filing of forms and payment of fees, have not been
				  completed within one year from the date first filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 3 - EXAMINATION › Section 16-93-12 - Examination requirements

Current through June, 2024
The examination registration requirements for the National
				  Board of Osteopathic Medical Examiners, Inc., and the Federation of State
				  Medical Board of the United States, Inc., are as follows:
(1) The applicant shall apply directly with
				the National Board of Osteopathic Examiners Inc., for examination which is
				divided into three examination parts:
(A) Part
				I may be taken after satisfactorily completing one-half of the second year in
				an approved college of osteopathic medicine;
(B) Part II may be taken after satisfactorily
				completing part I and one-half of senior year in an approved college of
				osteopathic medicine;
(C) Part III
				may be taken after satisfactorily completing parts I and II, earning a Doctor
				of Osteopathy degree from an approved college of osteopathic medicine, and
				completing at least six months of internship; and
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 4 - LICENSE › Section 16-93-16 - Biennial renewal

Current through June, 2024
Renewal fees paid by mail shall be considered as paid when
				  due if the envelope bears the postmark of June 30 or earlier in each
				  even-numbered year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 4 - LICENSE › Section 16-93-17 - Activation of license

Current through June, 2024
(a) Prior to
				activation of a license and entering into active practice in this State the
				licensee shall give the board written notification of the intended location of
				the licensee's practice.
(b) Any
				licensee who has ceased to engage in the practice of osteopathy in this State
				for a period of two or more years and who plans to practice in this State shall
				be considered as a licensee entering into active practice.
(c) Before entering active practice, the
				licensee shall:
(1) Notify the board of
				licensee's intent to resume and the intended location of the practice of
				osteopathy in this State;
(2) File
				an affidavit with the board describing the licensee's activities during the
				inactive period; and
(3) Complete
				an application for activation of license and pay such fees as are required by
				the board and includes but not limited to verification of licenses from each
				jurisdiction where an osteopathic license was held.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 4 - LICENSE › Section 16-93-18 - Restoration of forfeited license

Current through June, 2024
A license which has been forfeited for failure to pay the
				  biennial renewal fee as required may be restored by the board:
(1) Within two years of the date of
				forfeiture upon written application and payment of the biennial renewal fee,
				penalty fee, and the applicable compliance resolution fund assessments;
				or
(2) After two years from the
				date of forfeiture upon written application and payment of the biennial renewal
				fee, penalty fee, and compliance resolution fund assessments; provided the
				board may require the applicant to provide verification of licenses from all
				jurisdiction in which the applicant held a license from the time of
				forfeiture.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 8 - PRACTICE AND PROCEDURE › Section 16-93-36 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for osteopathy shall be
				  as provided in chapter 16-201, the rules of practice and procedure of the
				  department, which are incorporated by reference and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 9 - ORAL TESTIMONY › Section 16-93-40 - 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 shall so 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 93 - OSTEOPATHS › Subchapter 10 - OSTEOPATHIC PHYSICIAN'S ASSISTANT › Section 16-93-44 - Purpose

Current through June, 2024
The purpose of this section is to implement section
				  460-1(2), HRS, to provide the osteopathic physician's assistant standards of
				  supervision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 93 - OSTEOPATHS › Subchapter 10 - OSTEOPATHIC PHYSICIAN'S ASSISTANT › Section 16-93-45 - Standards of supervision

Current through June, 2024
The following shall apply to the osteopathic physician's
				  assistants but not those persons, such as nurses and clerical personnel, who
				  provide limited assistance to a licensed osteopathic physician and
				  surgeon:
(1) Osteopathic physician's
				assistant shall be employed by the licensed osteopathic physician and surgeon
				and the osteopathic physician's assistant shall not charge fees to patients for
				services;
(2) Care rendered by an
				osteopathic physician's assistant should be given in the presence of a licensed
				osteopathic physician and surgeon; however, an osteopathic physician's
				assistant may provide certain medical services to patients without direct
				supervision where in the physician and surgeon's opinion a patient is not
				endangered nor where unforseen complications could arise;
(3) Services rendered by an osteopathic
				physician's assistant shall be those commonly furnished in licensed osteopathic
				physician and surgeon's office;
(4)
				An osteopathic physician's assistant shall not be called on to render medical
				judgments without consent and approval of the licensed physician and surgeon;
				and
(5) The osteopathic physician's
				assistant augments and not supplements the care rendered by a licensed
				osteopathic physician and surgeon.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-94-2 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  460J, HRS, 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 94 - PEST CONTROL OPERATORS › Subchapter 2 - DEFINITIONS › Section 16-94-3 - Definitions

Current through June, 2024
As used in this chapter: "Board" means the pest control
				  board.
"BREG" means the department's business registration
				  division.
"Department" means the department of commerce and consumer
				  affairs.
"Direct management of the pest control business" means the
				  direct supervision of the pest control project undertaken by the pest control
				  operator, the control of technical and administrative decisions, personnel
				  management, the review of pest control contracts, and enforcing compliance with
				  all laws and rules affecting the pest control business.
"Person" means an individual, firm, partnership, corporation,
				  joint venture, and any other association of natural persons.
"Pest control field representative" means any individual who
				  is licensed by the board to secure pest control work, identify infestations,
				  make inspections, submit bids, or sign contracts on behalf of a licensed pest
				  control operator.
"Pesticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any pest.
"Principal responsible managing employee" or "Principal RME"
				  means the RME through which the business license is maintained.
"Responsible managing employee" or "RME" means the individual
				  responsible for the direct management of the pest control business of the pest
				  control operator.
"TIR" means a termite inspection report.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 3 - TYPES OF LICENSES › Section 16-94-4 - Individuals

Current through June, 2024
The board shall issue the following types of licenses:
(1) Pest control operator, branch
				1;
(2) Pest control operator,
				branch 2;
(3) Pest control
				operator, branch 3;
(4) RME,
				branches 1, 2, and 3; and
(5) Pest
				control field representative, branches 1, 2, and 3.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 3 - TYPES OF LICENSES › Section 16-94-5 - Sole proprietorship and other business entities

Current through June, 2024
The board may issue licenses to a sole proprietorship,
				  partnership, corporation, joint venture, limited liability company, limited
				  liability partnership, and any other business entity duly registered and in
				  good standing with BREG for categories falling under section
				  16-94-4(1), (2), and
				  (3).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-12 - Business office

Current through June, 2024
A pest control operator's place of business shall be located
				  in a zone approved by the political subdivision for operation of the business
				  and shall be a permanent place of business within the State where the pest
				  control operator, RME, or pest control field representative may be served
				  notice and legal process. For purposes of this section, "permanent place of
				  business" means a physical address, not a post office box number. Each place of
				  business shall require approval of the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-13 - Use of "dba"

Current through June, 2024
Use of a trade name or "dba" by a pest control operator shall
				  have been previously registered with BREG and shall be filed with and approved
				  by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-16 - Qualification through RME for pest control operator's license

Current through June, 2024
Sole proprietorships, partnerships, corporations, joint
				  ventures, limited liability companies, limited liability partnerships, and any
				  other business entities duly registered and in good standing with BREG shall
				  qualify for a pest control operator's license through an RME in its
				  employ.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-18 - Exhibits required

Current through June, 2024
(a) Individual
				applicants for licenses shall provide the board with the following exhibits:
(1) Two certificates to support experience
				qualifications on a form prescribed by the board. One certificate shall be
				completed by the pest control operator or RME licensed in the branch for which
				the application is made and who provided the supervision; and
(2) A job list to support the experience
				qualifications on a form prescribed by the board, which shall include the
				information listed in section
				16-94-17;
				provided that if, after a good faith effort, the applicant is unable to obtain
				a verified job list from the pest control operator or RME, the board in its
				sole discretion may accept a job list completed and verified by another person
				familiar with the applicant's experience.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-19 - Joint venture license

Current through June, 2024
(a) A joint venture
				license shall be issued to those joint venture applicants where at least one
				party holds an appropriate pest control operator's license under chapter
				460J, HRS, and this chapter. All
				unlicensed members in a joint venture or partners in a partnership shall submit
				current credit reports, a current tax clearance or proof of compliance with a
				payment arrangement from the state department of taxation and any other
				information requested by the board along with the application for
				licensure.
(b) Except as otherwise
				provided by law, all joint ventures and partnerships shall be registered with
				the department's business registration division prior to engaging in any pest
				control activity. Joint ventures and partnerships shall provide proof of the
				registration to the board at the time of application.
(c) The dissolution of the joint venture or
				partnership licensed under this section shall result in the immediate
				forfeiture of the license of the joint venture or partnership.
(d) The license of a joint venture or
				partnership shall be automatically forfeited without a hearing if the license
				of any member or partner is suspended, revoked, terminated, withdrawn,
				forfeited, or refused to be renewed.
(e) Upon dissolution or forfeiture, the joint
				venture or partnership shall be prohibited from engaging in any pest control
				activity and shall not bid upon or enter into any new contracts.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-20 - Power of board to approve other experience

Current through June, 2024
The board, in its sole discretion, may approve certain
				  technical training or business administration training as acceptable
				  experience, but in no case shall the training count as more than one year of
				  experience.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 4 - APPLICATION › Section 16-94-21 - Power of board to accept equivalent knowledge

Current through June, 2024
The board, in its sole discretion, may accept any reasonably
				  equivalent knowledge, training, or experience of the applicant in lieu of a
				  specific experience requirement if upon investigation it makes a detailed
				  finding to that effect.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-24.1 - Direct management of the pest control business

Current through June, 2024
The pest control business of a pest control operator shall be
				  under the direct management of a principal RME who shall be a bona fide
				  employee or who meets the exemptions in chapter
				  386, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-25 - Principal and subordinate RME

Current through June, 2024
(a) Pest Control
				operators may have in their employ more than one RME, but shall designate in
				every case a principal RME who shall be primarily responsible for the direct
				management of the pest control business and who shall be:
(1) In a posit ion to secure full compliance
				with the pest control laws and rules of board;
(2) Familiar with all contracts the pest
				control operator enters into and sees that all contract provisions are carried
				out. To demonstrate that familiarity, the RME shall sign or initial all
				contracts;
(3) Familiar with all
				projects the pest control undertakes and see that detailed records are kept on
				the projects;
(4) In residence in
				the State during the time the RME license is in effect or during the period a
				project is undertaken; and
(5) Held
				responsible for any violation of Chapter
				460J, HRS or this Chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-25.001 - RME for more than one pest control business

Current through June, 2024
An individual may be an RME for more than one pest control
				  operator if:
(1) There is a common
				ownership of at least fifty-one per cent of the equity of each pest control
				operator for which the individual acts as the RME;
(2) A pest control operator is a subsidiary
				of or joint venture with another pest control operator;
(3) There is a direct family relationship
				between the RME and the officers, directors, members, managers, or partners of
				the other pest control operators for which the individual acts as the RME;
				or
(4) There is a direct family
				relationship between the officers, directors, members, managers, and partners
				of all pest control operators for which the individual acts as the RME;
				and
(5) The board is satisfied that
				it is in the public's interest and that the individual is competent, able, and
				qualified to be an RME for more than one pest control operator.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-25.1 - Change of employment

Current through June, 2024
The pest control operator shall notify the board of any
				  change in employment status of its principal RME or RMEs within ten working
				  days of the change in status.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-25.5 - Record keeping

Current through June, 2024
A pest control operator or RME shall keep records on all jobs
				  performed for a period of at least two years. Each record shall include, but
				  not be limited to, the following information:
(1) Date of job;
(2) Client's name and address;
(3) Branch of pest control; and
(4) Chemicals and treatment method(s)
				used.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-26 - License nontransferable

Current through June, 2024
Licenses issued under the provisions of chapter
				  460J, HRS, and this chapter shall be
				  nontransferable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-26.1 - Revocation, suspension, and refusal to renew license of principal RME

Current through June, 2024
The license of the principal RME may be suspended, revoked,
				  terminated, or refused to be renewed if the license of the pest control
				  operator for which the person is the principal RME is revoked, terminated,
				  suspended, or refused renewal pursuant to section
				  460J-15,
				  HRS, and this chapter.