Title 25, Professions And Occupations

§459-13 Exceptions. Nothing in this chapter shall apply to duly licensed physicians authorized to practice medicine under the laws of the State, nor to the commissioned officers of the United States Army Medical Corps on duty in the State. [L 1917, c 187, §12; RL 1925, §1123; RL …

§459-14 Penalty. Any person practicing optometry in violation of this chapter or any rule may be fined up to $500 or be imprisoned not more than six months, or both, for each separate violation, and each day of the violation shall constitute a separate offense. [L 1917, c 187, §1…

[§459-14.5] Remedies or penalties cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 211, §6]

§459-2 Optometry; unauthorized practice, unlawful. It shall be unlawful for any person to practice optometry or to append the letters "O.D." or any other optometric degree to a person's name with the intent thereby to imply that the individual is a practitioner of optometry, with…

§459-3 Hawaii board of optometry; members, appointment, qualifications. There shall be a board to be known as the Hawaii board of optometry, for the State. The board shall consist of seven members, five of whom shall be licensed optometrists who have actually engaged in the pract…

§459-4 Powers and duties of the board. In addition to any other powers and duties authorized by law, the board shall prescribe rules in harmony with this chapter, as may be necessary to carry out its legal responsibilities and duties, to do all things necessary or incidental to t…

§459-5 Records. The department of commerce and consumer affairs on behalf of the Hawaii board of optometry shall preserve a record of all applications for examination. The record shall also show whether applicants were rejected or licensed, and, if rejected, the reasons therefor.…

§459-6 Examinations, time of. Examinations shall be administered by the National Board of Examiners in Optometry (NBEO) at least once a year with additional examinations as the National Board of Examiners in Optometry deems necessary. The time and place of the examinations shall …

§459-7 Application; examination; reexamination; appeal; renewal; continuing education; license. (a) Except as otherwise provided in this chapter, every person desiring to begin or to continue the practice of optometry, before beginning or continuing practice, upon presentation of…

§459‑7.4 Therapeutically certified optometrists; scope; qualifications. (a) The use and prescription of therapeutic pharmaceutical agents as established by the board for the treatment and management of conditions of the anterior segment of the human eye, eyelids, and lacrimal sys…

[§459-7.5] Reciprocity. The board, by rules, shall provide for licensure of optometrists registered and licensed under the laws of any state or territory of the United States or any other jurisdiction with qualifications for licensure which equal or exceed those of this State. [L…

§459-8 Conduct of examinations. Each applicant whose application is received by the board after December 31, 1986, shall pass all written examinations given by the National Board of Examiners in Optometry. Beginning January 1, 1991, each applicant shall also pass a practical (Pat…

§459-9 Refusal to permit examination or issue license; revocation and suspension of license; grounds for. In addition to any other actions authorized by law, the Hawaii board of optometry may refuse to admit persons to its examinations or to issue a license or may revoke or suspe…

[§459-9.2] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an app…

§460J-1 Definitions. As used in this chapter: "Board" means the pest control board. "Director" means the director of commerce and consumer affairs. "Efficacy and safety data" means data from experiments conducted by qualified scientists to determine the efficacy and safety of a n…

[§460J-10] Form for licenses. The form of every license shall be prescribed by the board and shall be issued in the name of the board. [L 1972, c 134, pt of §1]

[§460J-11] Place of business and posting of license. A licensed operator shall have and maintain a definite place of business in the State and shall display therein the operator's license. [L 1972, c 134, pt of §1; gen ch 1993]

§460J-12 Classification of branches of pest control; examinations; rules; subjects of examination; passing grade. (a) Licenses issued to operators or field representatives shall be limited to the branch or branches of pest control for which the applicant has qualified by applicat…

[§460J-13] Examination; operator's license. The board shall ascertain by written examination that an applicant for a license as operator is qualified in the use and understanding of all of the following: (1) The English language, including reading, writing, and spelling. (2) The …

§460J-14 Fees; biennial renewal; inactive license. (a) The biennial renewal fee shall be paid to the board on or before June 30 of each even-numbered year. Failure, neglect, or refusal of any duly licensed operator to pay the biennial renewal fee shall constitute a forfeiture of …

§460J-15 Revocation, suspension, and refusal of renewal of licenses; prohibition against certain offenses, etc. (a) In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew any license issued hereunder, for any cause authorized by law,…

§460J-16 Hearings. In all proceedings before it, the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit jud…

§460J-17 Death or dissociation. No partnership, joint venture, or corporation shall be deemed to have violated this chapter by acting or assuming to act as a pest control operator after the death or dissociation of a licensee who had the direct management of the pest control busi…

§460J-19 Termite control contracts and written inspection reports; form and contents; filing and delivery; control service; control service contract. (a) This section shall apply to contracts for the control of termites and written inspection reports. (b) No licensee shall commen…

§460J-2 Pest control board. (a) There shall be a pest control board of nine members. Six members of the board shall be appointed by the governor; of which four shall have been for a period of not less than five years preceding the date of their appointment, licensed pest control …

§460J-20 Document expressing an opinion or making statement regarding the presence or absence of termites; contents. Any work contract, billing, agreement, letter of work completed, or other correspondence or document, expressing an opinion or making a statement relating to the p…

§460J-21 Fumigation under supervision. Fumigation shall be performed only under the direct supervision of an individual who is an applicator certified for structural fumigation by the department of agriculture and biosecurity. [L 1972, c 134, pt of §1; am L 1993, c 74, §8; am L 2…

[§460J-22] Fumigation job log; preservation and inspection. A licensee shall maintain a log of each fumigation job performed by the licensee in this State. The log shall be in the form required by the regulations of the board and shall be preserved for a period of at least two ye…

[§460J-23] Pest control. A pest control operator may secure pest control work, identify infestations or infections, make inspections, and submit bids or otherwise contract for pest control work. A pest control operator may hire or employ individuals who are not licensed under thi…

[§460J-23.5] Subcontracting. Notwithstanding any provisions of this chapter, any individual who is licensed by the board as an operator in both the branches of general pest and termite control may subcontract for the actual performance of fumigation with an individual who is lice…

§460J-24 Application of soil treatment pest control work. A licensed contractor may contract for the performance of any soil treatment pest control work to eliminate, exterminate, control, or prevent infestations or infections of pests from the ground beneath or adjacent to any e…

§460J-24.5 Nonchemical pest control devices efficacy and safety data; examination and testing; approval prior to sale, lease, or transfer of devices in the State. (a) All manufacturers or their representatives intending to sell, lease, or provide through other means a nonchemical…

§460J-25 Insurance. No person shall engage in the business of pest control unless the person has filed with the board a general liability and workers' compensation insurance policy approved by the board in an amount prescribed by the board through its rules; provided that no empl…

§460J-26 Exemptions. This chapter shall not apply to: (1) Officials of the federal government on military reservations; (2) Personnel of the United States Department of Agriculture, state department of agriculture and biosecurity, state department of land and natural resources, o…

§460J-27 Penalties for unlicensed acts. Any person or business organization that violates the provisions of section 460J-6 shall not be fined less than $5,000. [L 1972, c 134, pt of §1; am L 1986, c 126, §6]

[§460J-27.5] Advertising. (a) It is a misdemeanor for any person, including a person who is exempt by section 460J-26 from this chapter, to advertise with or without any limiting qualifications as a pest control operator unless the person holds a valid license under this chapter …

[§460J-28] Administrative penalties. Any person who violates this chapter or the rules adopted pursuant thereto may be fined not more than $2,500 for each violation. [L 1986, c 126, pt of §7]

§460J-29 Penal sanctions. Any person who violates this chapter, or who conspires with another to violate this chapter, shall be fined not more than $2,500 or imprisoned for not more than six months, or both. [L 1986, c 126, pt of §7; am L 1987, c 143, §5]

§460J-3 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall: (1) Grant licenses to operators pursuant to this chapter; (2) Adopt, amend, or repeal rules as it may deem necessary to effectuate this chapter and carry out the pur…

[§460J-30] Remedies or penalties cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 126, pt of §7]

§460J-6 Licenses required. No person within the purview of this chapter shall act or assume to act, or advertise, as a pest control operator or be engaged in the business of pest control without a license previously obtained under and in compliance with this chapter and the rules…

[§460J-7] Investigation permitted. The board may investigate, classify, and qualify applicants for operators' licenses. [L 1972, c 134, pt of §1]

§460J-8 License requirements. To obtain an operator's license, a person shall fulfill the following requirements: (1) File an application as prescribed by the board; (2) Possess a history of honesty, truthfulness, financial integrity, and fair dealing; (3) Be at least eighteen ye…

[§460J-8.5] Requirements to maintain license. (a) A licensed pest control operator shall have and maintain in full force and effect the following: (1) Workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from…

§460J-9 Application; fees. (a) Every applicant for a license under this chapter shall file an application on forms prescribed or required by the board, and shall furnish any additional information bearing upon the issuance of the license as the board requires. Every application s…

§461-1 Definitions. For the purposes of this chapter: "Advanced practice registered nurse" means a person licensed pursuant to section 457-8.5 and granted prescriptive authority pursuant to section 457-8.6. "Auxiliary pharmacy personnel" means a person who works in a pharmacy ass…