reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89A - NURSE AIDE › Subchapter 1 - GENERAL PROVISIONS › Section 16-89A-6 - Removal of entries from registry

Current through June, 2024
(a) The registry
				shall remove an entry for a nurse aide who has not performed nurse aide
				services for twenty-four consecutive months, unless that entry includes
				documented findings of abuse, neglect, or misappropriation of resident's
				property, in which case the entry shall remain permanently in the registry
				unless removed in accordance with subsection (b).
(b) In the case of a substantiated finding,
				made by the department of health or the department of human services, against a
				nurse aide for abuse, neglect, or misappropriation of resident's property the
				applicable department shall remove that substantiated finding against the nurse
				aide's name upon the determination that:
(1)
				The finding was erroneous, a court found the nurse aide not guilty, or the
				State is notified of the nurse aide's death; or
(2) The nurse aide's employment and personal
				history does not reflect a pattern of abuse, neglect, or misappropriation of
				resident's property; and
(3) The
				abuse, neglect, or misappropriation of resident's property involved in the
				original finding was a singular occurrence.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89B - DIVERSION PROGRAM › Section 16-89B-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the requirements
				for program approval and maintenance of a diversion program for the chemically
				dependent nurse who may voluntarily enter into a negotiated settlement with the
				regulated industries complaints office subject to approval and order of the
				board and acceptance by the diversion program. It is the intent of the board to
				provide the nurse with the opportunity to enter into a program to be
				rehabilitated through a therapeutic, non-punitive, and confidential
				process.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89B - DIVERSION PROGRAM › Section 16-89B-4 - Program requirements

Current through June, 2024
(a) The National
			 Council of State Boards of Nursing Nondisciplinary Alternative Program Model
			 Guidelines (Guidelines) as amended from time to time, and as adopted by the
			 board pursuant to section (d), shall be used as the standard by which the board
			 may assess a proposed diversion program. At the time a request for program
			 approval is submitted to the board, the current Guidelines shall
			 apply.
(b) The sponsor of the
			 program shall submit a comprehensive manual of all policies and procedures to
			 the board within the time frame designated by the board. The policies and
			 procedures manual shall include, but not be limited to, criteria relating to:
(1) Assessment;
(2) Agreement among nurse, board, RICO, and
			 program sponsor prior to admission into program;
(3) Admission
(A) Requirements for admission; and
(B) Grounds for refusal to admit;
(4) Plan of care;
(5) Monitoring
(A) Frequency;
(B) Section of responsible
			 personnel;
(C) Timely reporting of
			 program deviation from plan of care;
(D) Consequence of breach; and
(E) Quarterly progress reports to the
			 board;
(6) Timely
			 reporting to the board of deviation from plan of care;
(7) Discharge, including prior written
			 notification to board of nurse's status and intent to charge in a timely
			 manner;
(8) Return to work
			 agreement;
(9) Timely reporting to
			 RICO and board executive officer of relapse of nurse;
(10) Readmission of nurse in relapse and
			 agreement with the board and RICO;
(11) Annual report, including but not limited
			 to:
(A) Nurses under treatment; and
(B) Nurses with return to work agreement
			 still in effect;
(12)
			 Timely reporting of sponsor's inability to carry out any aspect of program to
			 the board; and
(13) Timely written
			 notification to the board of sponsor intent to terminate program.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-90-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  457B, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-90-2 - Definitions

Current through June, 2024
Whenever used in this chapter, unless otherwise stated, or
				  unless the context or subject matter requires a different meaning, the
				  following terms shall have the respective meanings hereinafter set forth or
				  indicated:
"Board" means the board of examiners of nursing home
				  administrators of the State.
"Nursing home" means a place authorized as such by the
				  appropriate licensing authority of this State for the care of patients
				  requiring continued nursing or health care, or both, such as a skilled nursing
				  facility or an intermediate care facility.
"Nursing home administrator" means any individual who is
				  responsible for the overall administration of a nursing home involving the
				  planning, organizing, directing, and controlling of its operation, whether or
				  not the individual has an ownership interest in the home and whether or not the
				  functions and duties are shared with one or more other individuals, and who has
				  been licensed and registered as such by the board in accordance with the
				  provisions of the State licensing statute. A nursing home administrator who has
				  been licensed and registered as such by the board is so designated by the
				  initials NHA, nursing home administrator, after the licensee's name.
"Nursing home administrator-in-training" means an individual
				  registered as such with the board, under and pursuant to the law and this
				  chapter.
"Persons" includes individuals, partnerships, corporations,
				  associations, or public or private organizations of any character other than
				  agencies.
"Practical experience in the administration of a skilled
				  nursing facility or intermediate care facility" means the administration of
				  services to more than one individual; administrative services which have as a
				  major component the supervision of more than one profession or discipline; and
				  an administrative position in which the individual has assumed direct
				  responsibility and is held accountable for the individual's acts to the
				  administrator or governing body of the facility.
"Practice of nursing home administration" means the
				  performance of any act, or the making of any decision involved in the planning,
				  organizing, directing, or controlling of the operation of a nursing
				  home.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-90-3 - Officers and duties

Current through June, 2024
(a) The board shall
				elect annually from its membership a chairman and a vice chairman, whose term
				shall be the calendar year. No member may serve more than two terms in one
				office.
(b) The chairman shall
				preside at all meetings of the board. In the absence of the chairman, the vice
				chairman shall preside at meetings and perform all duties usually performed by
				the chairman.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 2 - REQUIREMENTS › Section 16-90-7.5 - Educational requirements for admission to examination

Current through June, 2024
(a)
				To be admitted to take the examination for licensure, a person shall have met
				the following educational requirements:
(1)
				Successful completion of a course of study at an accredited institution of
				higher education and receipt of a baccalaureate degree; provided that the board
				shall seek the advice of the University of Hawaii, office of admissions,
				regarding the accreditation of the college or university that the person
				attended, and that the board shall approve any degree recognized by the
				University of Hawaii; and
(2)
				Successful completion of a:
(A) Regular
				course of study or program in an accredited institution of higher education,
				which course of study or program shall have been approved by the board as being
				adequate academic preparation for nursing home administration; or
(B) Specialized course of study in the area
				of administration of a skilled nursing facility or intermediate care facility;
which course of study shall have included the general
				  subject areas or their equivalent described in section 16-90-23, and which
				  course of study shall have been approved by the board as being adequate
				  academic preparation for nursing home administration.
The board may exempt an applicant from completing the
				  currently approved nursing home administrator's regular or specialized course
				  mentioned in paragraph (2)(A) and (B) under the following circumstances:
(1) The board determines that the applicant's
				baccalaureate or post-baccalaureate formal education has imparted the knowledge
				and skills taught in the course; or
(2) An applicant possesses at least three
				years of administrative work experience in a health-related area attained
				within the five years prior to the date of the application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 2 - REQUIREMENTS › Section 16-90-7.10 - Practical experience required for admission to examination

Current through June, 2024
(a) In addition to the educational
				requirements in section 16-90-7.5, a person shall have met one of the following
				requirements with respect to practical experience before being admitted to take
				the examination for licensure:
(1) Successful
				completion of one year of practical experience in the administration of a
				skilled nursing facility or intermediate care facility; or
(2) Satisfactory completion of one year of
				practical training and experience as an administrator-in-training in a nursing
				home as prescribed in section 16-90-37.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 2 - REQUIREMENTS › Section 16-90-7.15 - Qualifications as to fitness and suitability for admission to examination

Current through June, 2024
(a) In addition to meeting the requirements
				in sections 16-90-7.5 and 16-90-7.10, and prior to being permitted to take the
				examination for licensure as a nursing home administrator, a person shall
				furnish evidence satisfactory to the board of being:
(1) Over twenty-one years of age;
(2) Of good moral character;
(3) Able to understand and communicate
				general and technical information necessary to the administration and operation
				of a nursing home;
(4) Able to
				assume responsibilities for the administration of a nursing home as indicated
				by prior accredited activities, evaluation of prior services, and evidence
				obtained by the board;
(5) Able to
				relate the physical, psychological, spiritual, emotional, and social needs of
				ill or aged individuals to the administration of a nursing home, including
				executives of the nursing home, and to create the compassionate climate
				necessary to meet the needs of the nursing home's patients.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 2 - REQUIREMENTS › Section 16-90-8 - Application for examination

Current through June, 2024
An applicant for examination for a license as a nursing home
				  administrator shall:
(1) Apply in
				writing on forms that are:
(A) Provided by
				the board; and
(B)
				Notarized;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 2 - REQUIREMENTS › Section 16-90-9 - Temporary permit

Current through June, 2024
If a licensed nursing home administrator dies or is removed
				  from the administrator's position for other unexpected cause, the board may
				  grant a temporary permit without examination to a responsible person designated
				  by the nursing home, who possesses to the board's satisfaction adequate
				  qualifications to be accepted for examination for a license as a nursing home
				  administrator. The temporary permit shall not exceed one hundred twenty days
				  except that it may be extended should the examination be held beyond this one
				  hundred twenty day limit. Failure to pass the examination shall automatically
				  void the temporary permit and the person designated shall not be eligible for
				  any subsequent temporary permit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 2 - REQUIREMENTS › Section 16-90-10 - Misrepresentation of material fact

Current through June, 2024
Any misrepresentation of material fact by the applicant in
				  the pre-examination requirements and qualifications in the application for
				  examination as a nursing home administrator or any misrepresentation of
				  material fact in the application for [issuance of] a temporary permit as a
				  nursing home administrator[,] shall result in the denial of the [applicant for
				  the examination or denial of the issuance of]
application for
				  examination or for
a temporary permit as determined by the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 3 - CONDITIONAL ADMISSION TO EXAMINATION; DENIAL; REEXAMINATION › Section 16-90-14 - Conditional [admission to] permission for examination; denial; reexamination

Current through June, 2024
(a) The board may
				conditionally admit to examination for license as a nursing home administrator,
				an applicant who on the date of a scheduled examination has not fully
				established the applicant's qualifications, if, in the judgment of the board,
				it appears that the applicant is otherwise qualified. Unless the applicant
				submits satisfactory evidence that the applicant qualifies for examination
				within thirty days following the date of the examination, the board shall
				notify the applicant that the applicant is not eligible for
				licensure.
(b) An applicant for
				examination whose application has been denied shall be given written
				notification by the board of the denial and the reasons therefor and of the
				right to a hearing.
(c) An
				applicant for examination whose application has been denied may petition the
				board in writing for hearing relief pursuant to chapter 16-201, administrative
				practice and procedure, provided the petition for hearing relief is filed
				within sixty days of the date of mailing of the letter informing the applicant
				of the denial of the application.
(d) An applicant for examination whose
				application has been denied, may submit a new application for qualification for
				examination, provided that the applicant shall be required to meet the
				requirements for licensing [as shall be] in force at the time of the
				reapplication.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 4 - EXAMINATION › Section 16-90-18 - Examination

Current through June, 2024
(a) Every applicant for a license as a
				nursing home administrator, after meeting the requirements for qualification
				for examination as set forth in subchapter
				2, shall successfully pass a written
				examination which shall include, but need not be limited to the following
				subjects:
(1) Applicable standards of
				environmental health and safety;
(2) Local health and safety
				regulations;
(3) General
				administration;
(4) Psychology of
				patient care;
(5) Principles of
				medical care;
(6) Personal and
				social care;
(7)Therapeutic and
				supportive care and services to patients confined in a nursing home;
(8) Departmental organization and management;
				and
(9) Community
				interrelationships.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 5 - STUDY PROGRAMS › Section 16-90-22 - Registration of institutions and program of study

Current through June, 2024
Any program of study offered by an educational institution,
				  association, professional society, or organization for the purpose of
				  qualifying applicants for licensure as nursing home administrators shall first
				  be registered with the board on forms provided by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 5 - STUDY PROGRAMS › Section 16-90-23 - Approval of programs of study

Current through June, 2024
(a) A program of
				study designed to train and qualify applicants for licensure as nursing home
				administrators, offered by any [accredited] university
,
				school,
or college
accredited by a regional
				accreditation organization and recognized by the council on post-secondary
				accreditation or by the United States Department of Education
,
				shall be deemed acceptable and approved for that purpose, provided that the
				program shall:
(1) Have been registered with
				the board;
and
(2) Include the following general subject
				areas or their equivalents:
(A) Applicable
				standards of environmental health and safety;
(B) Local health and safety
				regulations;
(C) General
				administration;
(D) Psychology of
				patient care;
(E) Principles of
				medical care;
(F) Personal and
				social care;
(G) Therapeutic and
				supportive care and services to patients confined in a nursing home as defined
				in section 16-90-2;
(H)
				Departmental organization and management; and
(I) Community interrelationships[;
				and
(3) Meet the
				academic requirements of the accredited institution of higher education for
				awarding of academic credit; or, the program is within the jurisdiction of an
				academic department of an accredited institution and does not offer academic
				credit].
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 5 - STUDY PROGRAMS › Section 16-90-24 - Certification of programs of study for Federal financial participation

Current through June, 2024
Programs of study shall be certified by the board in a
				  manner consistent with the requirements of [section]
Section
1908 of the United States Social Security Act
				  in order to qualify for Federal financial participation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 6 - RECIPROCITY › Section 16-90-28 - Conditions

Current through June, 2024
Subject to the law and this chapter prescribing the
				  qualifications for a nursing home administrator license, the board may endorse,
				  without examination, a nursing home administrator license issued by the proper
				  authorities of any other state, upon payment of a fee, which fee shall be the
				  same as in licensure by examination, and upon submission of evidence
				  satisfactory to the board that:
(1)
				The other state maintains a system and standard of qualification and
				examination for a nursing home administrator license, which are substantially
				equivalent to those required by chapter
				457B, HRS, and this chapter;
(2) The other state gives similar
				recognition and endorsement to nursing home administrator licensees of this
				State;
(3) The applicant for
				endorsement is familiar with State and local health and safety regulations
				related to nursing homes; and]
(2) A form provided by the board has
				been signed by the applicant and notarized to verify that the applicant has
				studied and understands chapter 94 implemented by the department of health
				which relates to local health and safety regulations; and
[(4)]
(3)
The applicant for
				  endorsement holds a valid
current
license as a nursing
				  home administrator [which]
and the applicant
has not
				  been [revoked or suspended]
disciplined or the license
				  restricted
in [each state from]
any of the states in
which the applicant has ever received a nursing home administrator
				  license or reciprocal endorsement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 6 - RECIPROCITY › Section 16-90-29 - Revocation, suspension of endorsed licenses

Current through June, 2024
The board shall have the power to revoke or suspend the
				  endorsement of a nursing home administrator license issued to any person upon
				  evidence satisfactory to the board that the person's license has been [revoked
				  or suspended]
disciplined
by the duly constituted
				  authorities of any state. The licensee shall be given due notice of the board's
				  action and an opportunity to be heard at a formal hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 7 - LICENSE RENEWAL › Section 16-90-33 - License renewal

Current through June, 2024
A nursing home administrator's license shall expire on June
				  30 of each even-numbered year and shall be renewed by applying on a form
				  provided by the board, and accompanied by the renewal fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 7 - LICENSE RENEWAL › Section 16-90-34 - Restoration

Current through June, 2024
Any licensee whose license has been forfeited pursuant to
				  section
				  457B-9, HRS, may restore the
				  license within three years after forfeiture upon written application and
				  payment of all delinquent fees [plus]
along with
a
				  penalty fee and evidence of participation in ten hours of educational programs
				  for each year of forfeiture[, in the areas of]
. These educational
				  programs shall be in the subject areas enumerated in section
				  16-90-23(a)(2) by
				  means of
academic study and participation in workshops, seminars,
				  conferences, and other training programs[, in the subject areas enumerated in
				  section 16-90-23(a)(2) 
				  ].
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 8 - PRACTICAL TRAINING AND EXPERIENCE › Section 16-90-37 - Administrator-in-training programs

Current through June, 2024
(a) Every
				[candidate for licensure as a nursing home administrator]
applicant
				seeking to meet the requirements of section 16-90-7.10(2)
shall
				register with the board on a prescribed form no later than two weeks prior to
				beginning the nursing home administrator-in-training internship [for the
				purpose of obtaining practical training and experience as required by this
				chapter].
(b) No application for
				registration as a nursing home administrator-in-training shall be approved
				unless the applicant;
(1) Is at least
				twenty-one years of age;
(2) Has
				completed high school and has successfully completed a course of study for and
				has been awarded a baccalaureate degree from an accredited institution of
				higher education;
(3) Has [met all
				the pre-examination requirements set forth in sections 16-90-7.5 and
				16-90-7.10, except the requirement for one year of practical experience set
				forth in section 16-90-10 and all the qualifications set forth in section
				16-90-7.15 for examination for licensure as a nursing home
				administrator.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 9 - REVOCATION AND SUSPENSION › Section 16-90-41 - Statutory provisions

Current through June, 2024
A nursing home administrator who fails to comply with or
				  violates [chapter]
chapters
457B, HRS,
436B, HRS,
[and]
or
this
				  chapter may have the administrator's license revoked or suspended by the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 9 - REVOCATION AND SUSPENSION › Section 16-90-42 - Grounds for disciplinary sanctions

Current through June, 2024
Violation of the following standards of conduct shall result
				  in revocation or suspension of a nursing home administrator's license:
(1) The nursing home administrator shall not
				alter in any way the physician's order for any patient's or resident's medical
				or therapeutic care unless the orders are hazardous to the patient or resident,
				in which case the physician shall be immediately notified;
(2) The nursing home administrator shall not
				defraud any Federal, State, local, or social agency, business or individual in
				the operation of the nursing home;
(3) The nursing home administrator shall not
				wilfully depart from the Federal, State, and local requirements and regulations
				related to the operation and maintenance of the nursing home;
(4) The nursing home administrator shall not
				fraudulently advertise the services of the nursing home; and
(5) The nursing home administrator shall not
				misrepresent material facts for the renewal of the administrator's
				license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 9 - REVOCATION AND SUSPENSION › Section 16-90-43 - Additional grounds for disciplinary sanctions

Current through June, 2024
In addition to any other listed causes for sanctions, the
				  board may take action against [an applicant or]
a
licensee for any of the following causes:
(1) Submitting to or filing with the board
				any notice, statement, or other document required under this chapter, which is
				false or untrue or contains any material misstatement of fact; and
(2) Failure to report to the board any
				disciplinary action taken against the licensee in another jurisdiction within
				thirty days after the disciplinary action becomes final.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 10 - PRACTICE AND PROCEDURE › Section 16-90-46 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for nursing home
				  administrator 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
herein
by reference and made a part of
				  this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 90 - NURSING HOME ADMINISTRATORS › Subchapter 11 - ORAL TESTIMONY › Section 16-90-50 - 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 identify themselves and the
				organization, if any, that they represent at the beginning of the
				testimony;
(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 91 - OPTICIANS › Subchapter 1 - GENERAL PROVISIONS › Section 16-91-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  458, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 1 - GENERAL PROVISIONS › Section 16-91-2 - Definitions

Current through June, 2024
As used in this chapter:
"Advertising" means any printed or visual communication
				  which includes but is not limited to advertisements contained in newspapers,
				  telephone directories, pamphlets, direct public mailings of books or
				  periodicals, television, and radio communications.
"Board" means the board of dispensing opticians.
"Certificate holder" means the holder of a certificate of
				  dispensing optician.
"Certificate of dispensing optician" means a document issued
				  by the board which authorizes a firm, including a sole proprietorship, to
				  engage in the business of a dispensing optician.
"Certificate of licensure" means a certificate issued by the
				  department of commerce and consumer affairs to an individual licensed as a
				  dispensing optician by the board.
"Direct personal supervision" means a licensee shall be
				  available for consultation and referral to the individual who is receiving the
				  supervision.
"Full-time" means principal occupation consisting of at
				  least thirty hours a week.
"License identification card" means a pocket identification
				  card issued by the department of commerce and consumer affairs to an individual
				  licensed as a dispensing optician by the board.
"Licensee" means the holder of a license identification card
				  and certificate of licensure.
"Personal supervision of an ophthalmologist or optometrist"
				  means the dispensing optician shall fit or duplicate contact lenses or
				  artificial eyes upon the written order of the prescribing ophthalmologist or
				  optometrist and, refer the intended wearer back to the prescribing
				  ophthalmologist or optometrist to ensure that the client has received contact
				  lenses of the proper fit and prescription.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 1 - GENERAL PROVISIONS › Section 16-91-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
(a)
				Every certificate holder and licensee shall file and maintain a current mailing
				address with the board and shall immediately notify the board, in writing,
				within thirty days of any and all changes thereto.
(b) Every certificate holder shall file the
				name and certificate number of the licensee in charge of and responsible for
				the acts of all employees at each place of business and shall notify the board
				in writing of any and all changes, within thirty days of such change. Every
				certificate holder which is a partnership, corporation, or association, shall
				also file with the board the names and addresses of its partners, officers, and
				directors, as the case may be, and shall notify the board in writing of any and
				all changes within thirty days of such change.
(c) Every certificate holder shall file the
				names and experience of each person employed by a certificate holder, who, in
				the course of employment, takes facial measurements, fits or adjusts lenses or
				frames, or duplicates lenses, and shall notify the board in writing of any and
				all changes within thirty days of such change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 1 - GENERAL PROVISIONS › Section 16-91-4 - Display of certificate of licensure and certificate of dispensing optician; license identification card

Current through June, 2024
(a) The certificate
				of licensure shall at all times be conspicuously displayed in the licensee's
				place of business and a current license identification card shall be in the
				licensee's possession.
(b) The
				certificate of dispensing optician shall at all times be conspicuously
				displayed in the place of business for which the certificate was
				issued.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 1 - GENERAL PROVISIONS › Section 16-91-5 - Renewal of certificates and license identification cards

Current through June, 2024
Biennial renewal fees paid by mail shall be considered as
				  paid when due if the envelope bears a postmark of June 30 or
				  earlier.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 1 - GENERAL PROVISIONS › Section 16-91-6 - Dispensing contact lenses; notice

Current through June, 2024
(a) Upon dispensing
				contact lenses, the dispensing optician shall give the client a written notice
				on a board approved form which instructs the client to return to the
				prescribing ophthalmologist or optometrist to ensure that the client has
				received contact lenses of the proper fit and prescription.
(b) The written notice shall instruct the
				client to return to the prescribing ophthalmologist or optometrist for an
				examination as to the prescription and fit of the contact lenses and receipt of
				such written notice shall be acknowledged in writing by the client; provided
				that such written acknowledgment shall not be required when the contact lenses
				are delivered to the prescribing ophthalmologist or optometrist pursuant to
				subsection (c)(1). The notice shall be written clearly and coherently using
				words with common or ordinary meanings, shall be printed using eight-point or
				larger type with at least one point of leading between lines, and shall use
				paper and ink of sufficient quality and contrast to be easily
				legible.
(c) Nothing in this
				chapter shall be construed to prohibit a dispensing optician from filling a
				prescription for contact lenses issued by an ophthalmologist or optometrist
				licensed in another state, territory, country, or the District of Columbia
				provided that:
(1) The dispensing optician
				either adapts, fits, or adjusts the contact lenses for the intended wearer
				while the wearer is physically present or delivers the lenses to the
				prescribing ophthalmologist or optometrist for such adapting, fitting, or
				adjustment;
(2) The dispensing
				optician complies with the requirements set forth in subsections (a) and
				(b);
(3) Where the intended wearer
				is physically present, the dispensing optician shall offer to refer the
				intended wearer to an ophthalmologist or optometrist located on that island;
				and
(4) No action is taken by the
				dispensing optician as a means of evading the licensing requirements of any
				profession.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-10 - Forms and instructions

Current through June, 2024
An application filed with the board shall be prepared in
				  accord 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. The following forms are currently in use by the
				  board:
(1) Application for examination
				and certificate of licensure;
(2)
				Application for reexamination;
(3)
				Application for reinstatement of certificate of licensure; and
(4) Application for a certificate of
				dispensing optician.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-11 - Application for examination and certificate of licensure

Current through June, 2024
(a)
				An application for examination shall be filed at least forty-five days before
				the examination which is scheduled by the board at least two times each year.
				The applicant shall submit to the board the application for examination and
				certificate of licensure in a form approved by the board, which shall include
				the applicant's experience and signature, and shall be accompanied by the
				required application and examination fees.
(b) The executive secretary of the board
				shall determine the sufficiency of the application for examination and
				certificate of licensure and of the preliminary qualification of the applicant
				for admission to the examination.
(c) In order to apply for a certificate of
				licensure, an individual must have completed one of the following:
(1) The equivalent of a high school education
				and three years of full-time practical and mechanical optical work experience
				as a opticianry apprentice;
(2)
				Graduation from an opticianry course accredited by the Commission on Opticianry
				Accreditation; or
(3) Previous
				licensure in another jurisdiction which required successful completion of the
				required national examinations described in subsection (e).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-13 - Application for certificate of dispensing optician

Current through June, 2024
(a) Before
				engaging in the business of dispensing optician, a firm shall first be issued a
				certificate of dispensing optician.
(b) An application for certificate of
				dispensing optician shall be on a form prescribed by the board and shall
				contain:
(1) The name of the licensee who
				will be employed at the applicable business address; and
(2) The name and experience of each person
				who will take facial measurements, fit or adjust lenses or frames, or duplicate
				lenses.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-14 - Issuance of certificate of licensure, license identification card, and certificate of dispensing optician

Current through June, 2024
(a) A certificate
				of licensure and license identification card shall be issued upon satisfaction
				of the requirements of sections 16-91-3 and 16-91-11.
(b) A certificate of dispensing optician
				shall be issued upon satisfaction of the requirements of sections 16-91-3 and
				16-91-13. Upon approval of the application for certificate of dispensing
				optician and payment of a certificate fee, the board shall issue the
				certificate of dispensing optician within sixty days. A separate certificate of
				dispensing optician shall be required for each address where the business of
				dispensing optician is being conducted.
(c) No certificate of dispensing optician
				shall be issued unless a licensee is to be employed at the place of business
				and the licensee is in charge of and responsible for the acts of all employees
				at the place of business. No certificate holder shall cause any person to take
				facial measurements, fit or adjust lenses, or duplicate frames unless such
				persons are acting under the direct personal supervision of a
				licensee.
(d) The certificate of
				dispensing optician shall not be transferable.
(e) The executive secretary of the board may
				approve the issuance of certificates of licensure and of dispensing optician
				subject to the ratification of the board.
(f) The certificate of licensure shall be in
				full force and effect only as long as it is supported by a current license
				identification card.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-15 - Denial of certificate of licensure or certificate of dispensing optician

Current through June, 2024
In the event an application for the issuance of a
				  certificate of licensure or certificate of dispensing optician or for the
				  reinstatement thereof is denied, the board shall notify the applicant by
				  certified letter of the board's action which shall include a concise statement
				  of the reasons therefor and a statement informing the applicant of the
				  applicant's right to a hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-16 - Demand for hearing

Current through June, 2024
Any person whose application for a certificate of licensure
				  or certificate of dispensing optician or whose application for the
				  reinstatement of a certificate of licensure or certificate of dispensing
				  optician has been denied by the board shall be entitled to a hearing after
				  notice, provided that a demand for a hearing is filed with the board within
				  sixty days of receipt of the letter informing the applicant of the denial of
				  the application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-17 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for hearing is filed within the time prescribed,
				  the board shall order a hearing upon notice, which shall be conducted pursuant
				  to chapter
				  91, HRS, and chapter 16-201 relating
				  to contested cases.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 2 - APPLICATIONS › Section 16-91-19 - Practical and written laws and rules examinations

Current through June, 2024
(a) An
				applicant shall attain a passing score in each of the following parts of the
				examination:
(1) Laws and rules affecting
				dispensing opticians in Hawaii;
(2)
				A practical examination in contact lenses; and
(3) A practical examination in eye
				glasses.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 3 - ADVERTISEMENT › Section 16-91-32 - Advertising practices

Current through June, 2024
The following advertising practices are unlawful:
(1) To allow an unregistered person to
				advertise;
(2) To allow an
				unregistered firm or dba of the dispensing optician to advertise; and
(3) Failure to state that the fitting and
				duplication of contact lenses and artificial eyes are done upon written
				prescription and personal supervision of an ophthalmologist or
				optometrist.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 91 - OPTICIANS › Subchapter 5 - PRACTICE AND PROCEDURE › Section 16-91-39 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for dispensing opticians
				  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 91 - OPTICIANS › Subchapter 6 - ORAL TESTIMONY › Section 16-91-43 - 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 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 before 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 1 - GENERAL PROVISIONS › Section 16-92-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  459, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 92 - OPTOMETRISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-92-2 - Definitions

Current through June, 2024
As used in this chapter or in chapter
				  459,
				  HRS:
"Adverse effects" means any undesired side effects brought
				  on by the use of diagnostic or therapeutic pharmaceutical agents.
"Board" means the board of examiners in optometry.
"Department" means the department of commerce and consumer
				  affairs.
"Diagnostic pharmaceutical agents" or "DPAs" means topically
				  applied pharmaceutical agents known as anesthetics, cycloplegics, and
				  mydriatics.
"Laboratory tests" means any diagnostic evaluation performed
				  by a licensed medical laboratory pertaining to ocular conditions.
"NBEO" means the National Board of Examiners in
				  Optometry.
"Non-invasive diagnostic procedures" means any procedure
				  used for the purpose of diagnosing ocular diseases or disorders, excluding
				  surgery or injection; provided that a therapeutically certified optometrist may
				  administer injectable agents for anaphylaxis only.
"Spectacle prescription" means an order or formula issued by
				  a practitioner licensed by the State or authorized by the laws of the State to
				  prescribe prescription ophthalmic lenses, setting forth refractive powers for
				  the manufacturing of any lens which has a spherical, cylindrical prismatic
				  power or value or any combination thereof. A spectacle lens prescription
				  expiration date shall be determined by the professional judgment of the
				  licensed practitioner.
"Therapeutic pharmaceutical agents" or "TPAs" means ingested
				  oral agents, or topical solutions, suspensions, and ointments applied to the
				  surface of the eye or adjoining tissues. Therapeutically certified optometrists
				  are authorized to use and prescribe therapeutic pharmaceutical agents
				  specifically formulated for ophthalmic use, as approved by the Food and Drug
				  Administration, and with the exception of any controlled substance as defined
				  in chapter
				  329, HRS (Uniform Controlled
				  Substance Act).