reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 3 - VALIDATION › Section 16-78-22 - Curriculum

Current through June, 2024
The curriculum for beauty training includes, but is not
				  limited to, the subjects and hours for each certification category and
				  instructor-trainee as follows:
(1)
				Exhibit B entitled "Apprenticeship Curriculum," dated March 9, 1988, located at
				the end of this chapter, is made a part of this chapter;
(2) Exhibit C entitled "Beauty School
				Curriculum," dated March 9, 1988, located at the end of this chapter, is made a
				part of this chapter; and
(3)
				Exhibit D entitled "Instructor-trainee Curriculum," dated March 9, 1988,
				located at the end of this chapter, is made a part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 4 - EXAMINATIONS › Section 16-78-26 - Subject matter

Current through June, 2024
The examination shall be designed to test the applicant's
				  theoretical and practical knowledge in the practice of cosmetology and
				  cosmetology law and rules which the board or its designated testing service
				  determines to be essential to the protection of the general
				  public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 4 - EXAMINATIONS › Section 16-78-28 - Examination

Current through June, 2024
(a) No license shall be issued to any person
				unless the person takes and passes the examination as prescribed by the board
				for the license applied for. Failure to obtain a passing score shall result in
				failure of the examination as a whole.
(b) The examination shall be given only on
				established dates and at designated locations in the State. Exceptions to
				established dates shall be made for the, benefit of candidates who for
				religious reasons may not sit on scheduled examination dates. Conditions and
				procedures for admittance to this special date shall be determined by the board
				and testing service.
(c)
				Examinations shall be conducted in accordance with procedures formulated by the
				testing service authorized by the board to administer examinations. Failure to
				follow such procedures shall result in immediate disqualification from the
				examination and may bar applicants from being examined in any future
				examinations.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 4 - EXAMINATIONS › Section 16-78-29 - Reexamination

Current through June, 2024
(a) An applicant who fails to attain a
				passing score in any part of the examination shall be required to repeat the
				entire examination.
(b) Should an
				applicant fail to get a passing score by the end of the second year from the
				date of qualifying for the first examination, the applicant shall file an
				application for re-examination.
(c)
				An applicant who registers for examination but fails to sit for the examination
				is a no show applicant and forfeits the examination fee. The no show applicant
				shall register and pay examination fee for any subsequent
				examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 5 - EXEMPTIONS AND EXCEPTIONS › Section 16-78-36 - Exemptions

Current through June, 2024
The rules governing the practice of cosmetology shall not
				  apply to the following persons when acting within the scope of their profession
				  or occupation:
(1) Persons authorized
				by law of this State to practice medicine and surgery;
(2) Persons authorized by law of this State
				to practice barbering;
(3) An
				officer or employee, of the United States, if the practice is performed by the
				employees within the federal property;
(4) Manufacturer's representatives or sales
				persons in retail outlets who sell beauty products or techniques for
				promotional purposes without compensation for the cosmetology
				services;
(5) Persons who are
				employed by a firm or corporation dealing as a beauty operator for the sole
				purpose of giving demonstrations on the use of the products on one's self or a
				model;
(6) Educational activities
				conducted in connection with any monthly, annual, or other special program from
				which the general public is excluded. This exemption shall apply only to the
				specific days of the special program;
(7) Persons employed by theatrical groups,
				modeling agencies or photography studios without being directly compensated by
				the client being serviced; or
(8)
				Persons employed by health care facilities who are providing care to
				patients.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 5 - EXEMPTIONS AND EXCEPTIONS › Section 16-78-37 - Exceptions

Current through June, 2024
The practice of cosmetology shall be carried on only by
				  persons duly licensed to practice in this State and only in a licensed beauty
				  shop, except as provided in this subsection. A duly licensed beauty operator
				  may practice cosmetology:
(1) Upon
				patients or residents in a hospital or nursing home;
(2) Upon inmates or residents of institutions
				of mental health or correctional institutions;
(3) Upon an invalid or handicapped person in
				that persons place of residence;
(4) Upon a person at a charitable event,
				provided this exception shall apply only to the specific event on the specific
				day or days;
(5) Educational
				activities conducted in connection with any monthly, annual, or other special
				program from which the general public is excluded. This exception shall apply
				only to the specific days of the special program; and
(6) As an employee of a theatrical group,
				modeling agency or photography studio, provided the client does not compensate
				the licensee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 6 - BEAUTY SHOP REQUIREMENTS › Section 16-78-41 - Compliance with other laws

Current through June, 2024
The board may accept a signed statement from the department
				  of health that the shop for which the certificate is sought is or will be in
				  full compliance with all State public health and safety
				  requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 6 - BEAUTY SHOP REQUIREMENTS › Section 16-78-43 - Price list

Current through June, 2024
(a) No beauty shop shall perform any work
				upon the public unless there is displayed in a conspicuous place, both
				reception room and work room, one or more signs which shall read as follows:
"PRICE LIST AVAILABLE UPON REQUEST"
This sign shall be printed in letters of not less than
				  three-fourths inch in size.
(b) Every shop, shall have a price list
				available. The price of each and every service offered and the price of each
				and every product to be used in connection with the services, shall be plainly
				set forth on a price list.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 6 - BEAUTY SHOP REQUIREMENTS › Section 16-78-44 - Employment of apprentices

Current through June, 2024
Shops employing apprentices shall comply with the board's
				  apprenticeship manual and apprenticeship curriculum. Failure to comply may be
				  cause for disciplinary action.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 6 - BEAUTY SHOP REQUIREMENTS › Section 16-78-45 - Employment of barbers

Current through June, 2024
A barber with a valid and current license shall be permitted
				  to work in a beauty shop without meeting any additional cosmetology licensing
				  requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-48 - Schools

Current through June, 2024
No license for a beauty school shall be issued unless the
				  applicant presents evidence, to the board that the applicant has satisfactory
				  school facilities, equipment, meets all of the requirements of the board, and
				  is qualified to offer a course of study as provided by the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-49 - Application

Current through June, 2024
Each applicant for certificate of registration to conduct a
				  school shall submit the following to the board:
(1) A complete statement of the applicant's
				training and experience in order to establish his fitness to conduct a school
				as proposed;
(2) A bank reference
				of the applicant's financial standing;
(3) Certificate of clearance from the county
				building department and from the department of health;
(4) Concise floor plan, giving measurements
				of all spaces and total space and showing placement of all equipment;
(5) A copy of student contract and enrollment
				forms;
(6) Copy of school catalog
				or brochure and all documents proposed to be used in recruiting
				students;
(7) A statement of the
				method and content of advertising to be used;
(8) Copy of diploma or certificate to be
				awarded;
(9) Schedule of all fees,
				tuition and charges to be made;
(10) Name and certificate of principal in
				charge of school and name and certificate number of all instructors;
(11) Copy of school rules;
(12) A surety or cash bond in the sum of
				$10,000 payable and in a form satisfactory to the board. The condition
				contained therein shall be that the school shall provide indemnification to any
				student who suffers loss as a result of the school not fulfilling its
				obligations under the terms of its certificate of registration. The bonding
				requirement may be reduced at the discretion of the board by a showing of the
				school that the requirement is excessive and that at no time advance
				collections from students amount to as much as $10,000; and
(13) An itemized list of all materials that
				constitute a student's kit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-54 - Instructor-student ratio

Current through June, 2024
The instructor student ratio shall be one instructor for
				  every twenty-five students. A school shall have a minimum of two licensed
				  instructors, which may include the principal, provided the principal is a
				  licensed instructor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-55 - Instructor-trainee

Current through June, 2024
The beauty school shall assure the instructor-trainee is in
				  compliance with the following:
(1)
				Training shall be under direct supervision of a licensed instructor;
(2) Training shall comply with the board's
				instructor-trainee curriculum;
(3)
				Instructor-trainee shall not practice cosmetology at the beauty school as a
				beauty operator;
(4)
				Instruetor-trainee shall be furnished with an instructor manual; and
(5) Instruetor-trainee shall be identified
				with a name tag stating "Instructor-trainee."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-56 - Bond

Current through June, 2024
The surety or cash bond required to be furnished by any
				  school shall be continuous in form and remain in full force and effect and
				  shall run concurrently with the license period and for any renewals thereof,
				  unless terminated or cancelled by the surety. Such termination or cancellation
				  shall not be effective, however, unless notice thereof is delivered by the
				  surety to the board at least sixty days prior to date of termination or
				  cancellation. The certificate of registration of any licensee shall be
				  suspended upon termination or cancellation of the bond, unless prior thereto a
				  new bond has been filed with the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-57 - School facilities

Current through June, 2024
The room or rooms where work is done on customers shall not
				  be used as a class or lecture room when customers are present. There shall be
				  adequate facilities for classroom use, appropriately equipped. There shall also
				  be sufficient lockers available for students private
				  property.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-58 - Equipment

Current through June, 2024
(a) The school shall maintain at least the
				following minimum equipment for each twenty-five students enrolled:
(1) Three shampoo bowls;
(2) Three dryers;
(3) Sufficient reclining chairs for facials
				(punees are acceptable);
(4) Three
				manicure tables;
(5) One chair and
				dresserette station for each student;
(6) Mannequin for each student with first
				quality hair for use in practicing the art of cosmetology (mannequins shall be
				placed on firm stands);
(7) Wet
				sterilizers (sufficiently large to accommodate the instruments used by
				twenty-five students);
(8)
				Electrical appliances for the proper training of beauty culture; and
(9) X-ray equipment shall not be
				used.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-59 - Enrollment

Current through June, 2024
(a) The number of students shall be small
				enough to permit an effective educational program. The number of students shall
				be set so that the total of students, patrons, and faculty does not exceed the
				occupancy requirements of the state board of health and the building department
				of the county in which the school is located.
(b) A beauty school shall enroll only
				students who are at least sixteen years of age and who have an education
				equivalent to the completion of high school or grade twelve.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-62 - Instructors

Current through June, 2024
The beauty school shall assure the instructors are in
				  compliance with the following:
(1)
				Instructors shall be in attendance at all times when students are working upon
				customers;
(2) Instructors shall
				not practice cosmetology at the school as operators; and
(3) Instructors shall teach only in the
				certification category in which the instructor holds a beauty operator license
				and shall be identified with a name stating "instructor" and the appropriate
				beauty operator category.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 7 - BEAUTY SCHOOL REQUIREMENTS › Section 16-78-64 - Signs

Current through June, 2024
No school shall perform any work upon or for members of the
				  general public unless there is displayed in a conspicuous place in both
				  reception room and work room one or more signs no smaller than 18" x 24 "which
				  shall read as follows: "School of Beauty Culture Work done by students under
				  supervision." No school shall advertise or hold itself out as doing
				  professional work, or in any manner guaranteeing the work of
				  students.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 8 - ORAL TESTIMONY › Section 16-78-68 - 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 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 at the beginning of the testimony shall
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 9 - PRACTICE AND PROCEDURE › Section 16-78-72 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedures for cosmetology 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 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-79-1 - Objective

Current through June, 2024
This chapter adopted by the board of dental examiners,
				  hereafter referred to as "board", is intended to clarify and implement chapters
				  447 and
				  448,
				  Hawaii Revised Statutes ("HRS"), to the end that the provisions thereunder may
				  be best effectuated.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-79-3 - Renewal of a dental or dental hygiene license

Current through June, 2024
(a) Each
				licensee shall be responsible for timely renewing of the licensee's license,
				completing the CE requirement, and satisfying the renewal requirements provided
				by law.
(b) At the time of license
				renewal, each licensee shall submit a completed renewal application and all
				applicable fees and shall comply with any other requirement provided by law. A
				completed renewal application sent by United States mail shall be considered
				timely filed if the envelope bears a postmark on or before the required renewal
				date.
(c) The failure to timely
				renew a license, the failure to pay all applicable fees, the failure to
				complete the CE requirements, the dishonoring of any check upon first deposit,
				or the failure to comply with any other requirement provided by law, shall
				cause the license to be automatically forfeited.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-79-3.1 - Restoration of forfeited license

Current through June, 2024
(a) A license which
				has been forfeited may be restored within two years after the date of
				expiration upon compliance with the licensing renewal requirements provided by
				law and upon written application and payment of all applicable renewal fees,
				penalty fees, and compliance resolution fund fees.
(b) A forfeited license may be restored after
				two years from the date of expiration upon:
(1) Written application and payment of all
				applicable fees;
(2) Being engaged
				in the practice of dentistry or dental hygiene, as applicable, for at least
				three years preceding the date of the written application which includes:
(A) Evidence of active clinical practice of
				not less than one thousand hours per year for the three years immediately prior
				to the date of request; and
(B) A
				certification from the appropriate state board or licensing authority in the
				other jurisdiction that the licensee was authorized to practice during the term
				of said active practice;
(3) Submitting evidence of completion of the
				CE requirements of a minimum of thirty-two hours for licensed dentists and
				twenty hours for licensed dental hygienists each biennium;
(4) Submitting a self-query background check
				from the NPDB. In addition, the board may require a background check from an
				independent background check service approved by the board, provided that the
				applicant shall pay the cost of the background check; and
(5) If the person is unable to meet the above
				requirements, the person may be required to reapply as a new applicant, take
				and pass the licensure examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-79-5 - Prosthetic appliances

Current through June, 2024
A licensed dentist shall provide a written work order
				  authorizing the making or repair of artificial restorations, substitutes,
				  appliances, or materials for the correction of disease, loss, deformity,
				  malposition, dislocation, traction, fracture, injury to the jaws, teeth, lips,
				  gum, cheeks, palate, or associated head and neck tissues or parts, from casts,
				  models, or impressions and shall keep a file copy of written work orders for a
				  period of at least one year. The work order shall be dated and signed by the
				  dentist, include the dentist's license number and the name and address of the
				  independent dental laboratory.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-79-7 - Approved apron

Current through June, 2024
An apron, preferably with cervical collar, with .25 mm lead
				  equivalent shall be the minimum shielding for dental radiographic
				  procedures.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-79-8 - Approved infection control practices

Current through June, 2024
Licensed dentists and licensed dental hygienists shall
				  practice levels of infection control consistent with the guidelines and
				  recommendations of the U.S. Department of Health and Human Services, Centers
				  for Disease Control and Prevention (CDC) and the ADA.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-9 - Who may apply for a dental or dental hygiene license

Current through June, 2024
(a) A person
				applying for licensure to practice dentistry shall comply with the following
				requirements:
(1) Be eighteen years of age or
				more;
(2) Pass the National Board
				Dental Examination;
(3) Pass the
				ADEX dental examination;
(4) Be a
				United States citizen, United States national, permanent resident of the United
				States, or alien authorized to work in the United States; and
(5) Be a graduate from a dental school
				accredited by CODA.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-10 - Application forms

Current through June, 2024
All applications shall be made on the forms as prescribed by
				  the board. No application shall be deemed complete which does not set forth all
				  the information relative to the applicant required by said forms and this
				  chapter. The applicant is solely responsible for submitting a completed
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-11 - Documentation and credentials required for dental applicants

Current through June, 2024
(a)
				All dental licensure applicants shall arrange to have sent directly to the
				board:
(1) An official verification of having
				successfully passed the National Board Dental Examination;
(2) An official verification of having
				successfully passed the ADEX dental examination; and
(3) A certified copy of a dental degree, a
				certificate of graduation or an official transcript from a dental school
				accredited by CODA.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-11.5 - Documentation and credentials required for dental hygiene applicants

Current through June, 2024
(a) All dental hygiene licensure applicants
				shall arrange to have sent directly to the board:
(1) An official verification of having
				successfully passed the National Board Dental Hygiene Examination;
(2) An official verification of having
				successfully passed any one of the regional clinical examinations authorized by
				section
				447-1(b),
				HRS, or pursuant to section
				447-1(c),
				HRS, an official verification of having passed a national clinical
				examination;
(3) A certified copy
				of a dental hygiene degree, certificate of graduation or an official transcript
				from a dental hygiene school accredited by CODA; and
(4) Documentary proof of being certified in
				the administration of intra-oral infiltration local anesthesia and intra-oral
				block anesthesia from an accredited dental hygiene school or by a certification
				program approved by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-12.7 - Application for inactive license

Current through June, 2024
(a) Upon written
				request by a licensee during the licensure period or at renewal, and upon
				payment of an inactive license fee, the board shall place the licensee's active
				license on an inactive status.
(b)
				A licensee may continue and renew on inactive status for the biennial
				period.
(c) A licensee on inactive
				status shall be considered as unlicensed and shall not engage in the practice
				of dentistry or dental hygiene. Any person who violates this prohibition shall
				be subject to discipline under this chapter and chapters 436B,
				447, and
				448,
				HRS.
(d) It shall be the
				responsibility of each licensee on inactive status to maintain knowledge of
				current licensing and renewal requirements.
(e) A licensee may request to reactivate the
				license at any time during the licensure period or at renewal by:
(1) Completing an application for
				reactivation;
(2) Fulfilling all
				requirements in effect at the time of application to return the license to
				active status, including the payment of an activation fee and other fees that
				may be required;
(3) Meeting the CE
				requirements; and
(4) Providing
				information to ensure the licensee is fit to engage in the practice of
				dentistry or dental hygiene, including but not limited to reporting license
				sanctions, pending disciplinary actions, or conviction of a crime in which the
				conviction has not been annulled or expunged.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-14 - Denial of application

Current through June, 2024
In the event an application for the issuance or renewal of a
				  license or permit, or for the reinstatement, or reactivation of a license
				  thereof is denied, the board shall notify the applicant or licensee by letter
				  of the board's action which shall include a concise statement of the reasons
				  therefor and a statement informing the applicant or licensee of the right to a
				  contested case hearing pursuant to chapter
				  91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 2 - APPLICATIONS › Section 16-79-15 - Contested case hearing

Current through June, 2024
Any person whose application for a license or permit, or
				  whose application for the renewal, reinstatement, or reactivation of a license
				  or permit has been denied by the board shall be entitled to a contested case
				  hearing after notice of the denial provided that the request for a contested
				  case hearing shall be conducted pursuant to chapter 16-201, the rules of
				  practice and procedure of the department of commerce and consumer affairs, and
				  is filed with the board within sixty days of the date of the board's notice of
				  the refusal or denial.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 7 - DENTAL ASSISTANTS AND LICENSED DENTAL HYGIENISTS › Section 16-79-67 - Definitions

Current through June, 2024
For the purposes of this subchapter, the following
				  definitions are applicable:
"Coronal polish" means a procedure limited to the removal of
				  plaque biofilm and stain from exposed tooth surfaces, utilizing an appropriate
				  instrument and polishing agent, as delegated by a licensed dentist. This
				  procedure is not to be interpreted as a "dental prophylaxis".
"Dental prophylaxis" means the preventive supragingival and
				  subgingival scaling and selective coronal polishing of the tooth surfaces, to
				  remove calculus, soft deposits, plaque biofilm, and stains, using the
				  appropriate instrumentation to create an environment in which hard and soft
				  tissues can be maintained in good health by the patient, as delegated by a
				  licensed dentist.
"Non-surgical periodontal scaling and root planing" means the
				  therapeutic supragingival and subgingival scaling of the teeth surfaces to
				  remove calculus, plaque, and stains and the definitive root planing procedure
				  to remove cementum and dentin that is rough or contaminated with toxins or
				  microorganisms utilizing the appropriate instrumentation, including but not
				  limited to, manual and ultrasonic instrumentation, as delegated by a licensed
				  dentist. This procedure may include removal of necrotic
				  tissue.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 7 - DENTAL ASSISTANTS AND LICENSED DENTAL HYGIENISTS › Section 16-79-69.5 - Prohibited duties of dental assistants

Current through June, 2024
A dental assistant shall not perform the following
				  intra-oral functions or any other activity deemed to be irreversible as to
				  cause change in the affected hard or soft tissues and is permanent or may
				  require reconstructive or corrective procedures; and any other activity which
				  represents the practice of dentistry and dental hygiene or requires the
				  knowledge, skill, and training of a licensed dentist or licensed dental
				  hygienist:
(1) Administering local
				anesthetic, sedation, or general anesthesia;
(2) Cementing, bonding, and adjusting any
				part of a prosthesis or appliance worn in the mouth;
(3) Cementing or re-cementing, finishing
				margins, performing a try-in, and adjusting the occlusion of any temporary or
				permanent fixed prosthetic restoration; or placing cement bases;
(4) Cementing bands and brackets, or
				activating any orthodontic appliance;
(5) Establishing occlusal vertical dimension,
				making bite registrations, and making face-bow transfers;
(6) Examining, diagnosing, or prescribing a
				treatment plan;
(7) Making final
				impressions, which would lead to the fabrication of any appliance or prosthesis
				which, when worn by the patient, would come in direct contact with hard or soft
				tissues with the exception of duties listed in section
				16-79-69.1(a)(7);
(8) Performing any endodontic procedure to
				ream, file, irrigate, medicate, dry, try-in cores, or fill root canals;
				establishing the length of the tooth;
(9) Performing any surgical or cutting
				procedures on hard or soft tissues, extracting teeth, and suturing;
(10) Placing, condensing, carving, finishing,
				or adjusting the occlusion of final restorations; or placing cavity liners,
				medicaments, or pulp cap materials;
(11) Placing materials subgingivally,
				including but not limited to, prescriptive medicaments, retraction cords, and
				other devices used for tissue displacement;
(12) Prescribing medications or authorizing
				the fabrication of any restorative, prosthodontic, or orthodontic
				appliances;
(13) Testing pulp
				vitality; and
(14) Using of
				ultrasonic instruments and polishing natural or restored surfaces.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 7 - DENTAL ASSISTANTS AND LICENSED DENTAL HYGIENISTS › Section 16-79-69.10 - Allowable duties of licensed dental hygienists

Current through June, 2024
(a) A
				licensed dental hygienist may perform the procedures as delineated under
				section
				447-3,
				HRS, as well as all of the allowable duties of a dental assistant listed in
				section 16-79-69.1. Also, a licensed
				dental hygienist may perform the following procedures pursuant to the
				delegation of and under the direct supervision of a licensed dentist:
(1) Administering intra-oral infiltration and
				intra-oral block anesthesia in accordance with the provisions of section
				16-79-76;
(2) Administering prescriptive treatments and
				chemotherapeutic agents (i.e., application or placement of supragingival and
				subgingival prescription drugs, including but not limited to, fluoride
				desensitizers, antimicrobial rinses and local delivery antibiotics), as
				prescribed by the licensed dentist;
(3) Applying pit and fissure
				sealants;
(4) Performing
				non-surgical clinical and laboratory oral diagnostic tests, (e.g., pulp
				vitality test) for interpretation by the licensed dentist;
(5) Performing non-surgical periodontal
				scaling and root planing, and periodontal maintenance;
(6) Performing dental prophylaxis, coronal
				polish natural or restored surfaces, and removing overhangs;
(7) Placing periodontal dressing;
(8) Collecting, documenting, and assessing
				the comprehensive patient data that may include screenings for oral cancer,
				periodontal chartings, indices, and risk assessments which identify dental
				hygiene needs;
(9) Establishing the
				dental hygiene care plan that reflects dental hygiene goals and strategies;
				and
(10) Providing dental hygiene
				care which may include, but is not limited to, pain management, full mouth
				debridement, care of restorations, behavior modification, preventive health
				education and nutrition counseling as it relates to oral health.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 7 - DENTAL ASSISTANTS AND LICENSED DENTAL HYGIENISTS › Section 16-79-69.15 - Prohibited duties of licensed dental hygienists

Current through June, 2024
No licensed dentist shall allow a licensed dental hygienist
				  who is in the dentist's employ or is acting under the dentist's supervision or
				  direction to perform any of the procedures disallowed for dental assistants
				  except for those duties specifically allowed for dental hygienists in section
				  447-3,
				  HRS, and in this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 7 - DENTAL ASSISTANTS AND LICENSED DENTAL HYGIENISTS › Section 16-79-71 - Penalty

Current through June, 2024
Any person or association practicing dentistry in the State
				  who fails to comply with or makes false statements to provisions of this
				  chapter shall be guilty of a failure to comply with chapter
				  448,
				  HRS, and shall be punished as provided in this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 8 - ANESTHESIA › Section 16-79-75 - Definitions

Current through June, 2024
For purposes of this subchapter, the following definitions
				  are applicable:
"Analgesia" means the diminution or elimination of pain in a
				  conscious patient.
"Certified nurse anesthetist" means a licensed nurse with
				  special training in all phases of anesthesia.
"Deep sedation" means a drug-induced, depression of
				  consciousness accompanied by a partial loss of protective reflexes during which
				  patients cannot be easily aroused, but respond purposefully to physical
				  stimulation or verbal command. Patients under deep sedation may require
				  assistance in maintaining a patent airway and spontaneous ventilation may be
				  inadequate.
"Infiltration anesthesia" means local anesthetic solution
				  deposited near the terminal nerve endings in the area of prospective dental
				  treatment.
"Moderate (conscious) sedation" means a drug-induced,
				  depression of consciousness that allows a patient to maintain protective
				  reflexes, retain the ability to independently and continuously maintain a
				  patent airway, and respond purposefully to light tactile stimulation or verbal
				  command.
"Nitrous oxide analgesia" means an inhalation analgesic that
				  allows a patient to maintain protective reflexes, retain the ability to
				  independently and continuously maintain a patent airway, and respond
				  appropriately to light tactile stimulation or verbal command.
"Pediatric patients" means, for purposes of the BLS
				  requirements, patients twelve years or younger.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 8 - ANESTHESIA › Section 16-79-76 - Administration of local anesthesia

Current through June, 2024
(a) Any licensed
				dentist may administer local anesthesia.
(b) Any licensed dental hygienist may
				administer intra-oral local infiltration, intra-oral block anesthesia, or both
				under the direct supervision of a licensed dentist, upon meeting the following:
(1) A licensed dental hygienist may apply to
				the board for certification to administer intra-oral infiltration local
				anesthesia by providing to the board documentation of having been certified by
				a CODA accredited dental hygiene school or by a certification program approved
				by the board.
(2) A licensed dental
				hygienist may apply to the board for certification to administer intra-oral
				block anesthesia by providing to the board documentation which shall include:
(A) A certificate of completion from a CODA
				accredited dental hygiene school or by a certification program approved by the
				board; and
(B) Program
				documentation or transcript listing the intra-oral block anesthesia categories,
				the course content, and number of injections that are consistent with section
				447-3.5,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 8 - ANESTHESIA › Section 16-79-77 - Administration of sedation and analgesia

Current through June, 2024
A licensed dentist may administer nitrous oxide and a single
				  oral sedative medication administered in an appropriate dose to reduce
				  anxiety.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 8 - ANESTHESIA › Section 16-79-79 - Reporting of adverse occurrences

Current through June, 2024
(a) All licensed
				dentists in the practice of dentistry in this State shall submit a report
				within a period of thirty days to the board of any mortality or other incident
				which results in temporary or permanent physical or mental injury requiring
				hospitalization of a patient during or as a direct result of anesthesia related
				thereto. The report shall include at the minimum responses to the following:
(1) Description of the dental
				procedure;
(2) Description of the
				physical condition of the patient unless the patient has a Class I status as
				defined by the American Society of Anesthesiologists;
(3) List of drugs and dosage
				administered;
(4) Detailed
				description of techniques utilized in administering the drugs
				utilized;
(5) Description of the
				adverse occurrence:
(A) Symptoms of any
				complications, including but not limited to onset and type of symptoms of the
				patient;
(B) Treatment instituted
				on the patient;
(C) Response of the
				patient to the treatment; and
(6) Description of the patient's condition on
				termination of any procedure undertaken.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 9 - FEES › Section 16-79-83 - Fees

Current through June, 2024
The license and examination fees for licensed dentists and
				  licensed dental hygienists shall be as provided in chapter 16-53, relating to
				  fees for boards and commissions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 10 - PRACTICE AND PROCEDURE › Section 16-79-84 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for licensed dentists
				  and licensed dental hygienists 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 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 11 - ORAL TESTIMONY › Section 16-79-85 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the agenda, provided that the
				testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall so notify the board not later than forty-eight hours prior to
				the meeting, and at that time shall state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall 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 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 12 - LICENSURE EXAMINATION REMEDIATION › Section 16-79-114 - Postgraduate studies after three failures

Current through June, 2024
Any applicant who has three failures on the ADEX dental
				  examination shall successfully complete a postgraduate course of one full
				  semester or trimester in operative and prosthetic dentistry at an accredited
				  dental college before the applicant shall be eligible to take the ADEX dental
				  examination again. The course completion shall be evidenced by a certificate
				  filed with the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-140 - Purpose

Current through June, 2024
The rules in this part are intended to effectuate the
				  provisions of section
				  448-8.5,
				  HRS, relating to the CE program requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-141 - Continuing education categories

Current through June, 2024
(a) All eligible CE
				categories shall be relevant to the care and treatment of patients and shall
				consist of the following required categories:
(1) Clinical courses:
(A) Shall be directly related to the
				provision of oral health care and treatment of patients;
(B) Shall be comprised of more than one half
				of the required CE hours per biennium for each dentist; and
(C) Shall be comprised of more than one half
				of the required CE hours per biennium for each dental hygienist;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-142 - Approved sponsoring organizations

Current through June, 2024
Licensees shall comply with the CE program requirements by
				  completing the requisite number of hours from courses offered by the following
				  sponsoring organizations approved by the board, provided the courses meet the
				  eligibility requirements of section
				  16-79-141:
(1) Academy of General Dentistry approved CE
				providers;
(2) Accreditation
				Council for Continuing Medical Education certified CE providers;
(3) ADA and its recognized specialty
				organizations;
(4) ADA Continuing
				Education Recognition Program approved CE providers;
(5) ADHA;
(6) American Academy of Dental
				Hygiene;
(7) American Council on
				Pharmaceutical Education;
(8)
				American Heart Association;
(9)
				American Medical Association;
(10)
				American Red Cross;
(11) CODA
				accredited programs;
(12) Dental
				assistant programs as approved by the board;
(13) Hawaii Department of Health;
(14) Joint Commission on Accreditation of
				Healthcare Organizations accredited hospitals;
(15) Regional and state testing agencies as
				it relates to the courses and calibration sessions;
(16) State dental associations and their
				component dental societies; and
(17) State dental hygienists' associations
				and their components.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-143 - Requirements for approval by the board

Current through June, 2024
(a) Sponsoring
				organizations who are not listed in section
				16-79-142, shall be required to
				apply to the board on a form prescribed by the board prior to the course event.
				The sponsoring organization shall comply with all requirements, policies, and
				standards set forth by the board.
(b) Courses shall comply with the provisions
				in section
				16-79-141. Sponsoring
				organizations shall submit the following:
(1)
				A detailed outline which provides course content, total hours of the course,
				and clearly breaks down the amount of time spent on each portion of the course
				and the direct relation to patient care; and
(2) A curriculum vitae of each instructor of
				the course.