Hawaii Administrative Code

Notes Haw. Code R. § 16-72-41 R 10/26/00

Notes Haw. Code R. § 16-72-42 R 10/26/00

Application for renewal, regardless of the issuance date of the license, shall be made on a form provided by the board on or before June 30 of each odd-numbered year and shall be accompanied by the appropriate renewal fee as provided in rules adopted by the director in accordance…

A renewal fee transmitted by mail shall be considered filed when due if the envelope bears a postmark of June 30 of each odd-numbered year or any prior date. Payment of the renewal fee shall be in the form of a personal check, a cashier's check, or a postal money order. Notes Haw…

Failure to pay the renewal fee when due shall constitute automatic forfeiture of the license. However, a license which has been forfeited for failure to pay the renewal fee may be restored within one year after the date of forfeiture upon compliance with the licensing renewal req…

Acupuncture is used in a wide range of treatment. However, the board recognizes that guidelines on the scope of practice of an acupuncture practitioner should be imposed and establishes the following permissible practices of authorized treatment which consists of pain relief and …

When acupuncture is conducted in a building used for residential purposes, a room or rooms shall be set apart as an office for the practice and shall be used solely for this purpose. It shall be equipped with a washroom and toilet facilities. An acupuncture office may be inspecte…

Required practices shall include: (1) A fresh, disposable paper or a fresh sheet shall be used on the examining table for each patient; (2) Hands shall be washed with soap and water before handling a needle and between treatment of different patients; (3) A piercing needle shall …

(a) An acupuncturist shall not misrepresent one's academic designation, professional title, qualification, and affiliation in an advertisement. (b) A licensee who has been awarded an earned doctoral degree from an approved post-secondary school, post-secondary school, approved sc…

Notes Haw. Code R. § 16-72-58 R 11/20/86

Notes Haw. Code R. § 16-72-59 R 11/20/86

A licensee shall keep accurate records of each patient the licensee treats. The records shall include the name of the patient, the indication and nature of treatment given, and any other relevant data deemed important by the licensee. Records shall be kept on file for a minimum o…

The rules of practice and procedure shall be as provided in HAR, 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. Notes Haw. Code R. § 16-72-63 [Eff and com…

(a) The board shall accept oral testimony on any item which is on the board's agenda, provided that the testimony shall be subject to the following conditions: (1) Each person seeking to present oral testimony is requested to notify the board no later than forty-eight hours prior…

Notes Haw. Code R. § 16-72-7 R 10/26/00

The license certificate shall be conspicuously displayed in the office of practice. Notes Haw. Code R. § 16-72-8 [Eff 3/12/76; am and ren § 16-72-8, 6/22/81; comp 12/30/82; comp 11/20/86; comp 11/25/88; comp 10/26/00] (Auth: HRS § 436E-7) (Imp: HRS § 436E-7)

A licensee shall notify the board of any change of address within thirty days of the change. Notes Haw. Code R. § 16-72-9 [Eff 3/12/76; am and ren § 16-72-9, 6/22/81; am and comp 12/30/82; comp 11/20/86; comp 11/25/88; comp 10/26/00] (Auth: HRS § 436E-7) (Imp: HRS § 436E-7)…

This chapter adopted by the board of barbers, hereafter referred to as "board," is intended to clarify and implement chapter 438, Hawaii Revised Statutes, to the end that the provisions thereunder may be best effectuated and the public interest most effectively protected. Notes H…

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 and any instructions which may be required by the board with respect to the filing. The application forms may be modified from…

An application to take the examination shall be filed at least forty-five days before the examination. Examinations are regularly conducted four times a year. An application for examination shall be accompanied by the required fee which shall not be refunded. The executive secret…

An application for barber apprentice shall satisfy the qualification requirements. The barber apprentice shall include a barber student who shall register with the board as a barber apprentice. The executive secretary or such other person as may be designated by the department sh…

The executive secretary or such other person as may be designated by the department shall determine the sufficiency of qualifications of applicants. Notes Haw. Code R. § 16-73-14 [Eff 8/11/66; am and ren § 16-73-14, 7/30/81; am and comp 8/25/90; am and comp 11/25/94] (Auth: HRS §…

(a) A barber and barber apprentice shall file a notarized application. The application shall include:(1) Verification that the applicant is at least seventeen years of age; and (2) The required and appropriate fees. (b) A barber applicant, in addition to complying with subsection…

(a) An applicant for a barber shop license shall file a notarized application and provide the following:(1) Name and license number of the licensed barber to qualify shop for license; (2) Verification that the shop complies with the sanitation requirements of the department of he…

Definitions of terms found in section 438-1, HRS, shall be adopted by reference. In addition, as used in chapter 438, HRS, and this chapter: "Barber training" means barber apprenticeship in a licensed barber shop under supervision of a licensed barber or as a student at a barber …

(a) A temporary permit shall be issued upon request to barber applicants that have been approved for examination. The temporary permit authorizes the permittee to work and train while waiting for examination. The temporary permit covers a period of four examinations as consecutiv…

In the event any application is denied the board shall notify the applicant by letter of the board's action. The letter shall include a concise statement of the reasons for denial and a statement informing the applicant of the right to a hearing. Notes Haw. Code R. § 16-73-21 [Ef…

Each person whose application has been denied shall be entitled to a hearing, provided that a demand for a hearing is filed with the board within sixty days of the date of mailing of the letter informing the applicant of the board's denial. Notes Haw. Code R. § 16-73-22 [Eff 8/11…

If a demand for hearing is filed within the time prescribed, the board shall order a hearing, in accordance with chapter 16-201. Notes Haw. Code R. § 16-73-23 [Eff 8/11/66; am and ren § 16-73-23, 7/30/81; am and comp 8/25/90; am and comp 11/25/94] (Auth: HRS § 438-5) (Imp: HRS § …

(a) Barber examinations shall be conducted in accordance with procedures formulated by the testing service and authorized by the board to develop and administer examinations. Failure to comply with established procedures may result in disqualification from future examinations. (b…

The applicant not achieving a passing score on any part shall be required to retake and pass each part failed to be licensed as a barber, provided that the applicant must pass the failed parts by the fourth examination as consecutively scheduled by the board from the date of qual…

An applicant shall be permitted to have a reader/interpreter for the written examination parts. The cost of a reader/interpreter shall be borne by the applicant. The applicant requesting a reader/interpreter shall be a person not having the ability to read and comprehend the Engl…

(a) Each person holding a license, permit, or any other authority to practice or engage in any activity in the State, under any and all laws administered by the board, shall file the person's proper and current mailing address with the board and shall immediately notify the board…

The applicant shall earn credits for each examination part passed and the credit shall be maintained for the next three examinations as consecutively scheduled by the board from the date the applicant first qualifies for examination. Notes Haw. Code R. § 16-73-30 [Eff 8/11/66; am…

A grade of not less than 75.00 points shall be a passing score for any part of the examination. Notes Haw. Code R. § 16-73-31 [Eff 8/11/66; am and ren § 16-73-31, 7/30/81; am and comp 8/25/90; comp 11/25/94] (Auth: HRS § 438-5) (Imp: HRS § 438-8) Comp 3/17/2022

The examinations shall be regularly held in Honolulu. However, upon timely request by applicants residing on an island other than Oahu and a showing that their number exceeds eight, the board may, in its discretion, conduct examinations on that neighboring island. Notes Haw. Code…

Each applicant shall submit a certificate from the state department of health which indicates that the shop meets all sanitation and public health requirements before a license to operate and conduct a barber shop shall be issued. Notes Haw. Code R. § 16-73-36 [Eff 8/11/66; am an…

A person who operates a barber shop shall comply with the following conditions: (1) The walls, floors, ceilings, furniture, fixtures, and all other parts and surfaces in a shop shall be kept clean at all times. Hair dropping shall be removed from the floor as soon as practicable …

All persons who are engaged in barbering shall observe the following sanitary practices: (1) The use of any astringent in lump or styptic pencil form, sponge, lump alum, powder puff, neck duster, shaving brush, or shaving mug shall be prohibited in any shop. Possession of the sam…

(a) Persons afflicted with a contagious or infectious disease in a communicable form shall not be permitted to attend any person in any barber shop, nor shall any person afflicted with such disease be permitted to receive any treatment in any barber shop. (b) Any person who has b…

(a) A duly licensed barber may practice outside of a licensed barber shop: (1) To service the public who for valid reasons are unable to visit a shop; (2) Barber schools; (3) Beauty shops; or (4) For a charitable event. (b) The conditions for practicing outside of a shop are as f…

More than one license to conduct a barber shop may be issued to any place of business; provided that each license holder is jointly and severally responsible and liable to the board. Notes Haw. Code R. § 16-73-40 [Eff 8/11/66; am and ren § 16-73-40, 7/30/81; am and comp 8/25/90; …

(a) The license to operate and conduct a barber shop shall be conspicuously displayed, together with evidence of current validation, in the place of business. (b) The shop owner or person in charge of the shop shall be responsible to see that only qualified persons are permitted …

Refusal or neglect on the part of any owner, manager, or employee to comply with this chapter shall be construed to be unprofessional conduct and may subject any violator to suspension or revocation of the license. Notes Haw. Code R. § 16-73-42 [Eff 8/11/66; am and ren § 16-73-42…

Notes Haw. Code R. § 16-73-43 R 8/25/90

(a) Any person or corporation who shall practice, maintain a shop, or act in any capacity without a license or permit, when a license or permit is required as provided for by chapter 438, HRS, and this chapter shall be prosecuted as provided by law, which may include but is not l…

(a) A license is immediately and automatically forfeited after the expiration date for non-compliance with the requirements for maintaining or renewing the license. (b) A forfeited license may be restored under the following conditions: (1) File a completed restoration applicatio…