reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 5 - RESPONSIBLE MANAGING EMPLOYEE › Section 16-94-26.2 - Notice due board on death, dissociation, or disability of RME

Current through June, 2024
(a) A pest control operator who qualified for
				licensure by employment of an RME shall within thirty calendar days after the
				death, dissociation, or disability of the RME, notify the board of the death,
				dissociation, or disability of the RME, submit an application to qualify a new
				RME, appoint a new RME who already holds a license, or place its pest control
				operator's license on inactive status. The pest control operator may continue
				to operate until the board makes a final determination upon its timely
				application to qualify a new RME; provided that the pest control operator may
				not bid upon or enter into new contracts until the board's determination is
				made or a new licensed RME is appointed.
(b) For purposes of this section,
				"Disability" includes any situation in which the direct management of the
				licensed pest control operator's business is no longer under the control of the
				principal RME or when a subordinate RME is unable to be responsible for all
				pest control services relating to the classifications of branches held by the
				subordinate RME.
(c) Failure of the
				pest control operator to notify the board of the death, dissociation, or
				disability of the RME within the thirty-calendar day period shall result in the
				license being automatically forfeited without a hearing. The license may be
				restored when the pest control operator employs another licensed individual as
				the RME or the pest control operator files a new application with the
				board.
(d) Failure of the pest
				control operator to submit an application for a new principal RME within thirty
				calendar days of the death, dissociation, or disability, and to qualify a new
				principal RME within the time period allowed by the board shall result in the
				automatic forfeiture of the pest control operator's license without a
				hearing.
(e) Pest control operators
				shall not bid or enter into contracts without having a principal RME in its
				employ who has direct management of the pest control business.
(f) An RME who dissociates from the pest
				control operator shall notify the board within thirty calendar days of the
				dissociation. The RME shall:
(1) Apply to
				become a pest control operator by submitting fees, tax clearance or proof of
				payment arrangement, credit report, and required insurance;
(2) Obtain employment with another pest
				control operator which shall submit a proper application thereof; or
(3) Place the license on an inactive
				status.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 6 - PEST CONTROL FIELD REPRESENTATIVE › Section 16-94-32 - Pest control field representative

Current through June, 2024
Each pest control operator and its principal RME shall be
				  held responsible for the acts, conduct, representations, etc., of a pest
				  control field representative within the scope of pest control field
				  representative's employment. Each pest control operator and its principal RME
				  shall also be held responsible along with the pest control field representative
				  for any violation of chapter
				  460J, HRS, this chapter, or
				  applicable safety rules by the field representative; and the board may take
				  disciplinary action against the pest control operator, its principal RME, and
				  the pest control field representative.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 7 - EXAMINATION FOR INDIVIDUAL LICENSE › Section 16-94-35 - Examination

Current through June, 2024
(a) All applicants shall qualify for a
				license by taking and passing a written examination approved by the board with
				a score of seventy per cent or better.
(b) Examinations shall be given regularly and
				partial credit shall not be given for any part of the examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 7 - EXAMINATION FOR INDIVIDUAL LICENSE › Section 16-94-35.1 - Examination not required

Current through June, 2024
An examination shall not be required when the applicant,
				  within a period of one year prior to application, has previously qualified by
				  written examination or was licensed in good standing or on an inactive status;
				  provided that the applicant applies for a license in the same branch in which
				  the applicant previously qualified by examination or was licensed in good
				  standing or on an inactive status.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 7 - EXAMINATION FOR INDIVIDUAL LICENSE › Section 16-94-36 - Reexamination

Current through June, 2024
An applicant for reexamination shall apply on a form
				  prescribed by the board, accompanied by the nonrefundable application fee. A
				  candidate may be reexamined any number of times provided that the application
				  fee is submitted for each examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 8 - LICENSE RENEWAL › Section 16-94-40 - License renewal

Current through June, 2024
(a) Each license
				shall be renewed on or before June 30 of each even numbered year.
(b) Each renewal application shall be
				accompanied by the applicable fee.
(c) A licensed pest control operator shall
				submit a tax clearance or proof of compliance with a payment arrangement from
				the state department of taxation issued within six months of the renewal
				application date.
(d) Each pest
				control operator and RME shall submit proof of a valid, current certification
				with the department of agriculture in the appropriate category and
				subcategories.
(e) The failure,
				neglect, or refusal to pay the renewal fee shall constitute grounds for
				forfeiture of license. A forfeited license may be restored upon written
				application within one year and upon payment of the applicable fee. If
				application for restoration is not made within one year from date of
				forfeiture, the individual shall be considered a new applicant and shall
				satisfy all of the current requirements for licensure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 10 - INSURANCE › Section 16-94-49 - Insurance

Current through June, 2024
(a) No person shall engage in the business of
				pest control unless the person has filed with the board a current copy of a
				certificate of general liability insurance from an insurer authorized to
				conduct business in this State, an unauthorized insurer in accordance with
				article 8 of chapter
				431, HRS, or a risk retention or risk
				purchasing group in accordance with chapter
				431K, HRS, showing full policy
				coverage of the applicant in the minimum amount of $100,000 for any one claim
				and a minimum aggregate of not less than $300,000 for all claims arising during
				a policy term of one year. The insurance shall cover all branches of pest
				control work performed or subcontracted by the pest control operator. The board
				shall be notified in writing at least thirty calendar days prior to any
				cancellation, termination, or withdrawal of any policy by the insurer. If such
				policy cannot be obtained, the licensee may file with the board in lieu thereof
				a verified statement providing proof satisfactory to the board of financial
				responsibility equivalent to that provided for by such insurance policy;
				provided that no employee of any company need have such policy in effect with
				respect to work covered by a policy of the company by which the employee is
				employed. This section shall not apply to vault fumigation.
(b) In addition to subsection (a), no person
				shall engage in the business of pest control unless the person has filed with
				the board a current copy of a workers' compensation certificate from an insurer
				authorized to conduct business in this State or an unauthorized insurer in
				accordance with article 8 of chapter
				431, HRS, or a risk retention or risk
				purchasing group in accordance with chapter
				431K, HRS, that indicates that the
				policy is in force; or proof that the person has been authorized to act as a
				self-insurer under chapter
				386, HRS, or is excluded from the
				requirements of chapter
				386. Applicants claiming an exclusion
				under chapter
				386, HRS, shall submit and sign a
				statement claiming such exclusion to the board. The board shall be notified in
				writing at least thirty calendar days prior to any cancellation, termination,
				or withdrawal of any policy by the insurer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 12 - GENERAL PEST CONTROL REGULATIONS (HOUSEHOLD PESTS) › Section 16-94-66 - General pest control

Current through June, 2024
The possession and use of pesticides shall comply with all
				  requirements of federal and state pesticides, and other applicable
				  laws.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 13 - TERMITE CONTROL REGULATIONS › Section 16-94-70 - Termite control

Current through June, 2024
The possession and use of termiticides shall comply with all
				  requirements of federal and state pesticides, and other applicable laws. An
				  inspection report shall be prepared on a form prescribed by the board which
				  shall contain, in addition to the requirements contained in section
				  460J-19(b),
				  HRS, the following:
(1) A foundation
				diagram or sketch of the structure or structures or portions of the structure
				or structures inspected. The diagram shall indicate the approximate location of
				any damage by termites; and
(2) A
				statement describing inaccessible areas that were not inspected. These areas
				may include but not be limited to inaccessible subareas, attics, areas with
				insufficient clearance, areas which require defacing finished surfaces for
				entry, furnished interiors, interior of hollow walls, spaces between a floor or
				porch deck and the ceiling or soffit below, and areas where storage conditions
				or locks make inspection impractical. The. licensee shall explain the reason or
				reasons why any accessible area was not inspected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 13 - TERMITE CONTROL REGULATIONS › Section 16-94-72 - Control service agreement

Current through June, 2024
(a) A control
				service agreement if entered into, shall be in writing and signed by the
				licensee, or the licensee's representative, and the client and shall include,
				in addition to requirements as set forth in section
				460J-19(c),
				HRS, the following:
(1) The frequency of the
				inspection service to be provided, the fee to be charged for each inspection
				service performed, and the expiration date of agreement;
(2) The type and manner of treatment of any
				infestation or reinfestation;
(3)
				Whether control service inspection fee includes repairs; and
(4) Whether the treatment of any infestation
				or reinfestation covered under a control service agreement may be performed at
				the time of inspection and whether there will be an additional charge for the
				treatment at that time.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 13 - TERMITE CONTROL REGULATIONS › Section 16-94-73 - Termite inspection standards

Current through June, 2024
(a) The following
				represents the minimum standards for conducting a termite inspection and
				completing a TIR. The board's PC-9 form along with a diagram(s) showing
				locations of termite evidence and damage, if any, and descriptions of
				inaccessible areas shall be provided to document the findings of the
				inspection.
(b) A termite
				inspection shall be performed by a pest control operator or RME licensed in a
				BR-1 (Fumigation) or BR-3 (Termite) category. The licensee shall be responsible
				for the inspection, identified as the responsible party, and who shall sign the
				TIR. A pest control field representative licensed in BR-1 (Fumigation) and BR-3
				(Termite) category may conduct an inspection; provided that the pest control
				field representative is under supervision of the licensed pest control operator
				or RME and the TIR is signed by the license pest control operator or
				RME.
(c) While individual
				inspectors may utilize various equipment and tools to conduct an inspection,
				the following shall at a minimum be required:
(1) Flashlight or lighting device;
(2) Probe to confirm evidence of termites in
				termite damaged wood where access allows (e.g., ice pick, pointer, etc.);
				and
(3) Supplies for diagramming
				(e.g., paper, graph paper, pens, pencils, rulers, computers, etc.).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 15 - ADVERTISEMENT › Section 16-94-80 - Guaranty; guarantee; guaranteed

Current through June, 2024
(a) The terms
				"guaranty," "guarantee," or "guaranteed" shall not be used in any advertising
				without a specific statement describing the limitations and conditions of the
				"guaranty", "guarantee", or "guaranteed".
(b) The statement shall include a clear
				description of the work to be performed under the "guaranty", guarantee", or
				"guaranteed".
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 15 - ADVERTISEMENT › Section 16-94-82 - Free inspection; free inspection report

Current through June, 2024
The terms "free inspection" or "free inspection report" shall
				  not be used in advertisements unless a written report of the "free inspection"
				  or "free inspection report" is given to the person requesting the service. The
				  report shall be on a form which conforms to the minimum requirements of chapter
				  460J, HRS and this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 15 - ADVERTISEMENT › Section 16-94-83 - Bond; bonded

Current through June, 2024
The terms "bond" or "bonded" shall only be used when the
				  conditions and circumstances under which the bond is issued are clearly stated.
				  The payee of the bond shall be clearly identified in the written
				  statement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 15 - ADVERTISEMENT › Section 16-94-86 - Advertising

Current through June, 2024
The company's name and pest control operator's number shall
				  appear in all advertisements on TV, radio, newspapers, telephone directories,
				  handbills, or other media.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 16 - SEVERABILITY › Section 16-94-90 - Severability

Current through June, 2024
If any section of this chapter is declared unconstitutional,
				  or the applicability thereof to any person or circumstance is held invalid, the
				  constitutionality of the remainder of this chapter and applicability thereof to
				  other persons and circumstances shall not be affected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 94 - PEST CONTROL OPERATORS › Subchapter 17 - PRACTICE AND PROCEDURE › Section 16-94-94 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for pest control
				  operators 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 94 - PEST CONTROL OPERATORS › Subchapter 17 - PRACTICE AND PROCEDURE › Section 16-94-97 - 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 before 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 or immaterial to the agenda item on
				which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-95-1 - Objective; scope

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  461, Hawaii Revised Statutes, to the
				  end that the provisions thereunder may be best effectuated and the public
				  interest and welfare most effectively served and protected. Other requirements
				  of state or federal law, including the laws enforced by the state department of
				  health and department of public safety, which also may be applicable to the
				  practice of pharmacy or to licensees or permittees under chapter
				  461, HRS, are not encompassed within
				  the scope of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-95-14 - Display of license or permit

Current through June, 2024
The license or permit, together with evidence of current
				  validation, shall be conspicuously displayed in the place of business and the
				  holder of a license shall have the holder's license or evidence of current
				  validation in the holder's possession at all times, provided that a relief
				  pharmacist shall not be required to display a license or
				  permit.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, August,
				  eff.8/15/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-95-18 - License or permit required

Current through June, 2024
It shall be unlawful for a person who is not licensed or who
				  has not been issued a permit under chapter
				  461, HRS, and this chapter to engage
				  in the practice of a pharmacist, to perform the duties of a pharmacy intern, to
				  operate a pharmacy, to engage in the wholesale distribution of drugs, or to
				  engage in any activities requiring a miscellaneous permit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-95-19 - License or permit nontransferable

Current through June, 2024
Any license or permit issued by the board shall be valid only
				  for the person to which it is issued and shall not be
				  transferable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-21 - Forms, documentation, and notification

Current through June, 2024
(a) An application
				for license or permit shall be made under oath on forms provided by the board
				and shall not be considered complete unless accompanied with the required
				documentation and fees. It shall be each applicant's responsibility to furnish
				all information and any documentation requested by the board.
(b) The application form may require the
				applicant and any personnel of the applicant to provide the following:
(1) The applicant's full name;
(2) A statement that the applicant has
				attained the age of majority;
(3)
				The applicant's current business or mailing address for publication, and the
				applicant's current residence address;
(4) The applicant's social security
				number;
(5) The applicant's
				educational history and evidence of the education;
(6) The date and place of any conviction of a
				crime directly related to the practice of pharmacy, drugs, drug samples,
				wholesale or retail drug distribution, or distribution of controlled
				substances, unless the conviction has been expunged or annulled or is otherwise
				precluded from consideration by section
				831-3.1,
				HRS;
(7) The state or states or
				United States territory in which the applicant is currently licensed, and any
				information regarding any disciplinary proceedings pending or disciplinary
				actions taken by any state or jurisdiction against the license;
(8) A statement that the applicant is a
				United States citizen or an alien authorized to work in the United
				States;
(9) The names, addresses,
				phone numbers, and social security numbers of corporate officers or partners or
				other personnel of the applicant;
(10) Verification that the corporation,
				partnership, or entity is properly registered with BREG;
(11) Verification that the trade name, if
				any, is properly registered with BREG;
(12) The name and license number of the
				pharmacist in charge of the prescription area and the name or names and license
				number or numbers of any other pharmacists employed;
(13) The name, position, and title of any
				person responsible for the distribution of drugs; and
(14) Any other information the board may
				require to investigate the applicant's qualifications for license or
				permit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-22 - Application and requirements for pharmacist license by examination

Current through June, 2024
(a) An application for license by examination
				shall be accompanied by the required application fee, which shall not be
				refunded, and the examination fee. An examination fee may be refunded provided
				a written request for refund is made prior to the application
				deadline.
(b) An applicant shall:
(1) Have attained the age of majority;
				and
(2) Hold a degree from a school
				or college of pharmacy which has received candidate status with or has been
				accredited by the ACPE;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-22.5 - Application and requirements for pharmacist license by reciprocity

Current through June, 2024
(a) An application for license by reciprocity
				shall be filed on forms provided by the board. The applicant shall submit:
(1) Evidence of current and valid licensure
				to practice pharmacy in another state or jurisdiction with qualifications which
				equal or exceed those of this State;
(2) Information regarding any disciplinary
				action taken or any complaints or investigations pending against the
				applicant;
(3) Evidence of having
				practiced for at least fifteen hundred hours as a licensed pharmacist within
				the five years preceding the date of application; and
(4) A completed official NABP licensure
				transfer application within ninety days from the date of issuance by the NABP,
				unless extended by the NABP.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-23 - Temporary license

Current through June, 2024
(a) An application
				for temporary license may be filed at the same time as an application for
				examination and shall be accompanied by the non-refundable application fee.
				Following a determination by the board that the qualifications for admission to
				the examinations listed in section
				461-6, HRS
				exist, a temporary license to practice pharmacy may be issued, provided the
				applicant:
(1) Passes the Hawaii MPJE with a
				score of at least seventy-five points;
(2) Submits a verification, by an official of
				the licensing authority of that other state or territory of the United States,
				of a current and valid license to practice pharmacy in the other state or
				territory of the United States; and
(3) Submits evidence that the applicant has
				practiced for at least fifteen hundred hours as a licensed pharmacist within
				the five years preceding the date of application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-24 - Pharmacy intern permit

Current through June, 2024
(a) An application
				for a permit to work as a pharmacy intern may be filed at any time. The board
				may delegate to the board's executive officer the authority to issue a pharmacy
				intern permit to qualified applicants.
(b) An applicant shall provide verification
				that the applicant is currently enrolled in or is a graduate of a college of
				pharmacy which has received candidate status with or has been accredited by the
				ACPE.
(c) An official transcript
				showing the date of graduation, or a letter from the dean or registrar that the
				applicant is currently enrolled at an ACPE accredited college of pharmacy shall
				be submitted with the application.
(d) The applicant shall provide the name and
				license number of the supervising pharmacist and the name and address of the
				pharmacy at which the applicant is employed or will be employed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-26 - Pharmacy permit

Current through June, 2024
(a) An application
				for a pharmacy permit shall be filed in duplicate at least fifteen days before
				a board meeting and must be accompanied by the application fee which shall not
				be refunded.
(b) The application
				shall include:
(1) A floor plan of the
				prescription area which shall diagram the space and location of fixtures such
				as counters, tables, drawers, shelves, storage cabinets including a locked
				cabinet, library, sink with hot and cold water, proper sewage outlet, and
				refrigeration storage equipment;
(2) The name and license number of the
				pharmacist in charge and any other pharmacists employed;
(3) A letter of verification or bill of sale
				that the pharmacy has been bought with the effective date of sale if the
				pharmacy was purchased;
(4)
				Evidence that the entity is currently registered with BREG. If a corporation,
				partnership, or limited liability company has been registered for more than one
				year, a "Certificate of Good Standing" from the department shall be attached.
				If a corporation, partnership, or limited liability company has been registered
				for less than one year, a "file-stamped" copy of the document filed with BREG
				shall be attached;
(5) Evidence
				that the trade name, if any, is properly registered with BREG;
(6) An attestation that, at a minimum, the
				pharmacy possesses or has electronic access to the following reference
				materials:
(A) United States Pharmacopeia
				National Formulary, and all supplements;
(B) Federal Drug Enforcement Administration
				regulations;
(C) State uniform
				controlled substances laws, chapter
				329,, HRS.
(D) State food and drug laws, 328
				HRS;
(E) State pharmacy law,
				chapter
				461, HRS, and chapter 16-95
				HAR;
(F) Prescription files
				and;
(G) Drug Facts and Comparison
				or other current drug information guide; and
(7) An attestation that, at a minimum, the
				pharmacy possesses the following technical equipment and supplies:
(A) Class A prescription balance or a balance
				of greater sensitivity and appropriate weights;
(B) Mortar and pestle (glass or
				porcelain);
(C)
				Refrigerator;
(D) Bottles and vials
				of assorted sizes;
(E) Graduates or
				other similar measuring device; and
(F) Prescription labels.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-30 - Wholesale prescription drug distributor license requirements

Current through June, 2024
(a) Application for a wholesale prescription
				drug distributor license shall be made under oath on a form to be provided by
				the board. In addition to providing information required by section
				16-95-21(b), the
				applicant shall provide the following information as it pertains to the
				applicant including any officer, director, manager, or other persons in charge
				of wholesale drug distribution, storage, or handling:
(1) Any convictions under any federal, state,
				or local laws relating to drug samples, wholesale or retail drug distribution,
				or distribution of controlled substances;
(2) Any felony conviction under federal,
				state, or local laws;
(3) Each
				person's past experience in the manufacture or distribution of prescription and
				controlled drugs;
(4) Any
				suspension, revocation, disciplinary action, or pending investigation by any
				federal, state, or local government of any license currently or previously held
				for the manufacture or distribution of any drugs, including controlled
				substances;
(5) Verification of at
				least one year of experience in the distribution or handling of prescription
				drugs for any person responsible for the distribution of drugs; and
(6) A current list of officers, directors,
				managers, and other persons in charge of the wholesale distribution, storage,
				and handling of prescription drugs, including a description of each person's
				duties and a summary of each person's qualifications.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-31 - Miscellaneous permit

Current through June, 2024
An application for a miscellaneous permit shall be filed at
				  least fifteen days before a board meeting and shall be accompanied by the
				  application fee, which shall not be refunded, and required
				  fees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-32 - Criminal conviction

Current through June, 2024
When an applicant or the applicant's personnel has been
				  convicted of a crime related to the pharmacy profession and it is determined
				  that the conviction may be considered under section
				  831-3.1,
				  HRS, the board may request the following documents from the applicant:
(1) Copies of any court records, judgments,
				orders, or other documents that state the facts and statutes upon which the
				applicant was convicted, the judgment of the court with regard to that
				conviction, the sentence imposed, and the record of compliance with the
				sentence imposed; and
(2)
				Affidavits from any parole officer, employer, or other persons who can attest
				to a firm belief that the applicant has been sufficiently rehabilitated to
				warrant the public trust.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 2 - APPLICATIONS › Section 16-95-32.2 - Denial or rejection of application

Current through June, 2024
(a) An application
				for issuance of a license or permit shall be denied when an application is
				insufficient or incomplete; is not accompanied with the required fees; or when
				an applicant has failed to provide satisfactory proof that the applicant meets
				the requirements for the license or permit. In addition, the board may deny
				issuance of a license or permit in accordance with sections
				436B-19
				and
				461-21, HRS,
				and section
				16-95-110.
(b) An application shall be automatically
				rejected and the applicant shall be denied a license or permit when the
				applicant, after having been notified to do so:
(1) Fails to pay the appropriate fees within
				sixty days from notification; or
(2) After being requested by the board, fails
				to provide any information or documentation concerning the requirements for
				licensure or permit within sixty days of the request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 3 - EDUCATION AND EXPERIENCE DOCUMENTATION › Section 16-95-33 - Education documentation for a pharmacist license

Current through June, 2024
(a) The
				board will accept the following as verification of education requirements for a
				pharmacist:
(1) A certified copy of an
				official transcript showing the date of graduation from a college of pharmacy
				which has received candidate status with or has been accredited by the
				ACPE;
(2) In lieu of the
				requirements of paragraph (1), at the time of application, the board will
				accept a certified letter from the college registrar or dean verifying that the
				applicant is on track to graduate. However, prior to the issuance of the
				license, the applicant shall have complied with chapter
				461, HRS, and shall have provided a
				certified copy of an official transcript from a college of pharmacy, which has
				received candidate status with or has been accredited by the ACPE and has been
				conferred a degree.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 3 - EDUCATION AND EXPERIENCE DOCUMENTATION › Section 16-95-33.2 - Education documentation for a pharmacy intern permit

Current through June, 2024
The board will accept the following as verification of
				  education requirements for a pharmacy intern permit:
(1) A certified copy of an official
				transcript showing the date of graduation from a college of pharmacy which has
				received candidate status with or has been accredited by the ACPE; or
(2) A verification letter from the college
				dean or registrar that the applicant is currently enrolled at a school or
				college of pharmacy which has received candidate status with or has been
				accredited by the ACPE.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 3 - EDUCATION AND EXPERIENCE DOCUMENTATION › Section 16-95-34 - Experience verification for a pharmacist by examination

Current through June, 2024
(a)
				An applicant shall have at least fifteen hundred hours of practical experience
				under the supervision of a registered pharmacist. Practical experience shall
				have been acquired subsequent to graduation or completion of the first year's
				attendance at a school or college of pharmacy which has received candidate
				status with or has been accredited by the ACPE and may include:
(1) Post graduate experience;
(2) Supervised practice during
				vacations;
(3) Experience gained
				concurrent with attendance at a pharmacy school; and
(4) Experience gained during pharmacy school
				coordinated externships and clinical clerkship programs.
(A) For purposes of this section, externship
				means a pharmacy school coordinated practical experience program which was:
(i) Conducted outside the classroom in
				licensed pharmacies;
(ii)
				Developed to provide a broad experience in all distributive and patient
				oriented practice tasks;
(iii)
				Supervised by a licensed preceptor or licensed pharmacist with a one to one
				teaching and supervisory relationship between the preceptor or pharmacist and
				the extern; and
(iv) A component
				of the pharmacy school's curriculum for which academic credit is
				given.
(B) For purposes
				of this section, clinical clerkship means a pharmacy school coordinated
				practical experience program which:
(i) Was
				conducted in patient care settings where the student is provided with actual
				experience in patient care;
(ii)
				Placed emphasis on all phases of drug therapy relative to the disease states of
				individual patients;
(iii) Provided
				clinical service on either an outpatient or an inpatient basis as a primary
				student activity;
(iv) May
				minimize general drug distributive functions; and
(v) Is a component of the pharmacy school's
				curriculum for which academic credit is given.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 3 - EDUCATION AND EXPERIENCE DOCUMENTATION › Section 16-95-36 - Experience verification for a pharmacist license by reciprocity or temporary pharmacist license

Current through June, 2024
The applicant for a pharmacist license by reciprocity shall
				  provide proof of current licensure and at least fifteen hundred hours of
				  practical experience as a registered pharmacist within five years preceding the
				  date of application in the form of:
(1) A statement signed by an official of the
				licensing authority from another state or territory of the United States,
				attesting that the license is current, is valid, unencumbered, and in good
				standing and a statement signed by the applicant's employer or employers
				attesting that the applicant has practiced pharmacy as a licensed pharmacist
				for fifteen hundred hours or more within the five years preceding the date of
				application; or
(2) If the
				applicant is self-employed, a statement by the applicant attesting that the
				applicant owned and operated an independent pharmacy and that the applicant has
				practiced pharmacy as a licensed pharmacist for fifteen hundred hours or more
				within the five years preceding the date of application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 9 - RENEWAL › Section 16-95-71 - Date for filing

Current through June, 2024
All licensees and permit holders shall complete and submit a
				  renewal application together with the required fees on or before December 31 of
				  the odd-numbered year A completed renewal application with the required fees
				  sent by the United States mail shall be considered timely filed if the envelope
				  bears a postmark no later than December 31 of the odd-numbered year or if filed
				  on-line with the department by that date
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 9 - RENEWAL › Section 16-95-72 - Automatic forfeiture for failing to renew

Current through June, 2024
The failure to timely renew the license or permit or to pay
				  the applicable fees or paying fees with a check which is dishonored upon first
				  deposit shall cause the license or permit to be automatically
				  forfeited.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 9 - RENEWAL › Section 16-95-73 - Restoration of forfeited license or permit

Current through June, 2024
(a) A forfeited
				pharmacist license may be restored within three years of the forfeiture
				provided the applicant:
(1) Within the first
				year of the forfeiture:
(A) Applies for
				restoration on a from provided by the board;
(B) Pays the penalty, current biennial and
				renewal fees; and
(C) Complies with
				the continuing education requirements under section
				461-8,
				HRS;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 9 - RENEWAL › Section 16-95-74 - Board may refuse to renew or restore a license or permit

Current through June, 2024
(a)
				The board may refuse to renew or restore a license or permit for failure or
				refusal of the licensee or permit holder to:
(1) Properly complete or timely submit the
				renewal application form and submit all fees and required
				documentation;
(2) Meet and
				maintain the conditions and requirements necessary to qualify for the issuance
				of the license or permit; and
(3)
				Comply with chapter
				461, HRS, and this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-79 - Supervision by a registered pharmacist

Current through June, 2024
(a) A registered
				pharmacist shall immediately supervise all activities and operations of a
				pharmacy, and immediately supervise the functions and activities of pharmacy
				interns and pharmacy technicians to ensure that all functions and activities
				are performed in accordance with laws and rules governing the practice of
				pharmacy.
(b) A pharmacist either
				employed within an institutional facility or providing services to an
				institutional facility shall be responsible for ensuring that the institutional
				facility establishes, maintains, and operates in accordance with written
				policies and procedures as outlined in section
				16-95-80.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-81 - Emergency kits

Current through June, 2024
(a) A pharmacist may provide emergency kits
				to an institutional facility which does not have an institutional pharmacy to
				meet the immediate therapeutic needs of patients.
(b) The pharmacist and the medical staff of
				the institutional facility shall jointly determine the drugs, and quantity, to
				be included in the emergency kit.
(c) The exterior of emergency kits shall be
				labeled by the pharmacist to clearly indicate that the kit is an emergency drug
				kit. There shall be a listing of the drugs contained in the emergency kit,
				including name, strength, quantity, and expiration date of the drugs, which
				shall be maintained and kept in an accessible location near to the emergency
				kit, along with the name, address, and telephone number of the supplying
				pharmacy.
(d) All drugs contained
				within the emergency kit shall be labeled to identify, at a minimum, the brand
				or generic name, strength, route of administration, if other than oral,
				quantity, source, manufacturer, if generic, lot number, expiration date, and
				other information as may be required by the medical staff of the institutional
				facility to prevent any misunderstanding or risk of harm to the patients of the
				facility.
(e) On or before the
				earliest expiration date of any drug contained in the emergency kit, the
				pharmacist shall replace any expired drugs, relabel, and reseal the
				kit.
(f) The pharmacist shall
				ensure that the institutional facility has established written policies and
				procedures which shall provide, but not be limited to, policies and procedures
				covering:
(1) Storage of emergency kits in
				secured areas which shall be in an environment for preservation of the
				drugs;
(2) Procedures to ensure
				that drugs are removed only pursuant to a valid prescription or practitioner's
				order and recordation of any removal; and
(3) Procedures to notify the pharmacist
				within twenty-four hours of any removal of any drug from the emergency kit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-82 - Valid prescriptions

Current through June, 2024
(a) A pharmacist
				may fill and dispense prescriptions provided the prescription is valid. A valid
				prescription shall be legibly written and contain, at a minimum, the following
				information:
(1) The date of
				issuance;
(2) The original
				signature of the practitioner;
(3)
				The practitioner's name and business address;
(4) The name, strength, quantity, and
				specific instructions for the drug to be dispensed;
(5) The name and address of the person for
				whom the prescription was written or the name of the animal and address of the
				owner of the animal for which the drug is prescribed, unless the pharmacy
				filling the prescription has such address on file;
(6) The room number and route of
				administration if the patient is in an institutional facility; and
(7) If refillable, the number of allowable
				refills.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-83 - Substitution; drug product selection

Current through June, 2024
(a) It shall be
				unlawful to dispense a different drug in place of the drug prescribed without
				the express consent of the person prescribing.
(b) Drug product selection shall comply with
				part VI of chapter
				328, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 95 - PHARMACISTS AND PHARMACIES › Subchapter 10 - SCOPE OF PRACTICE › Section 16-95-84 - Transfer of prescriptions

Current through June, 2024
(a) Transfers of
				prescription information for the purpose of initial fill or refill dispensing
				is permissible between pharmacies provided the pharmacist transferring the
				prescription provides all information necessary for a valid prescription, and
				records on the prescription, the name and location of the pharmacy receiving
				the prescription, the name of the pharmacist receiving the prescription
				information, the date of transfer, and the name of the pharmacist transferring
				the prescription or notes the pharmacist's name on the electronic files, and
				records that the prescription is inactivated or made void for future refills at
				the location from which it is being transferred.
(b) The pharmacist receiving the transferred
				prescription information shall indicate the name of the pharmacist transferring
				the prescription as well as the transferring pharmacist's or pharmacy name, the
				transferring pharmacy's name, location, and original prescription number, the
				original date the prescription was written, the number of refills or quantity
				remaining on the prescription, and the last date the prescription was
				filled.
(c) All records of
				transferred prescriptions shall be maintained for a period of five years from
				the date of filling or refilling.