Title 25, Professions And Occupations

§467E-13 Prohibited acts; penalties. (a) No person shall: (1) Use in connection with the person's name any designation tending to imply that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker unless the perso…

[§467E-14] Consumer right of action. Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations and may sue to recover damages in any circuit court of the State, and, if successful, shall recover …

§467E-15 Privileged communication. Communications between licensed clinical social workers and their clients shall be treated in the same manner as provided for psychologist-client privilege under rule 504.1 of the Hawaii Rules of Evidence. [L 2001, c 229, §§1, 5; am L 2002, c 16…

§467E-2 Social worker licensing program. There is established a social worker licensing program within the department to be administered by the director that shall recognize the "licensed bachelor social worker" or "L.B.S.W.", the "licensed social worker" or "L.S.W.", and the "li…

§467E-3 Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall have the following powers and duties: (1) Grant permission to a person to use the title of social worker and engage in the practice of social work in this S…

[§467E-4] Fees; disposition. (a) Application, examination, reexamination, license, renewal, late renewal penalty fees, and other reasonable and necessary fees relating to administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the di…

§467E-5 License required. No person shall purport to be a "social worker", "licensed bachelor social worker", "licensed social worker", "licensed clinical social worker", or use the letters "S.W.", "L.B.S.W.", "L.S.W.", or "L.C.S.W." in connection with the person's name, or use a…

§467E-6 Exemptions. Licensure shall not be required of: (1) [Paragraph effective until June 30, 2026. For paragraph effective July 1, 2026, see below.] Any licensed person doing work within the scope of practice or duties of the person's profession that overlaps with the practice…

§467E-7 Licensing requirements. [Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Every applicant for a license as a social worker shall submit evidence satisfactory to the director that the applicant meets the following requirements: (1) For…

§467E-7.5 Reciprocity and endorsement. (a) The director may enter into reciprocity agreements with other states and issue a license to a social worker who has been licensed in that state; provided that the requirements for a license in the state in which the applicant is licensed…

[§467E-8] Application for examination. (a) Any person eligible for licensure who wishes to be licensed shall apply for examination to the director at least ninety days prior to the date of the examination, upon a form and in the manner that the director shall prescribe. (b) Any a…

§467E-9 Examination for license. (a) Each applicant for licensure shall take and pass a national examination administered by the Association of Social Work Boards in accordance with procedures and standards prescribed by the director. (b) Applicants for the "licensed clinical soc…

§468E-1 Purpose. It is the policy and the purpose of this chapter to insure that only qualified persons be allowed to practice in the fields of speech pathology and audiology. [L 1974, c 48, pt of §1; am L 1988, c 320, §2]

[§468E-10] Examination for license. (a) Each applicant for licensure under this chapter shall take a written examination in accordance with procedures prescribed by the board. Standards for acceptable performance shall be established by the board. (b) Applicants for licensure sha…

§468E-11 Waiver of examination or parts thereof. The board shall waive the requirements of section 468E-5 for applicants for licensure who, on the effective date of this chapter, are actually engaged in this State in the practice of speech pathology or audiology, upon proof of bo…

§468E-12 Issuance of license. The board shall issue a license to any person who meets the requirements of this chapter and who pays to the board the initial license fee. [L 1974, c 48, pt of §1; am L 1988, c 320, §9]

[§468E-12.5] Provisional license. (a) The board shall grant, upon application and payment of proper fees, provisional licensure to an individual who: (1) Possesses at a minimum a master's degree in the area of speech pathology from an educational institution recognized by the boa…

§468E-13 Disciplinary action. (a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including but not limited to revocation, suspension, fine, or a combination thereof, or refuse to issue or renew a license for any ca…

[§468E-13.5] 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 a…

§468E-14 Renewal of license. (a) Licenses issued under this chapter expire at midnight, December 31 of each odd-numbered year if not renewed. (b) Every person licensed under this chapter, on or before December 31, 1975, and each odd-numbered year thereafter, shall pay a fee for r…

§468E-16 Penalties. Any person who violates any provision of this chapter or any rule or regulation promulgated thereunder shall be guilty of a petty misdemeanor, the fine for which shall be not more than $1,000. [L 1974, c 48, pt of §1; am L 1975, c 24, §11]

[§468E-16.5] Cumulative remedies or penalties. 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 in this State. [L 1986, c 211, §10]

[§468E-17] Severability provision. If any part of this chapter is for any reason held unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of the chapter; and it shall be construed to have been the legislative intent to pass t…

[§468E-18] Right of injunction. The department of commerce and consumer affairs may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 1986, c 211, §11]

§468E-2 Definitions. As used in this chapter: "ASHA" means the American Speech-Language-Hearing Association, the national administrative office of which is located in Rockville, Maryland, 10801 Rockville Pike (20852). "Audiologist" means an individual who practices audiology. "Bo…

§468E-3 Practice as speech pathologist or audiologist; title or description of services. (a) A person represents oneself to be a speech pathologist when the person: (1) Holds oneself out to the public by any title or description of services incorporating the words "speech patholo…

§468E-4 Persons and practices not affected. Nothing in this chapter shall be construed as preventing or restricting: (1) A physician or surgeon from engaging in the practice of medicine in this State; or (2) A licensed hearing aid dealer from engaging in the practices of fitting …

§468E-5 Eligibility for licensure. (a) To be eligible for licensure by the board as a speech pathologist or audiologist, a person shall: (1) Possess at least a master's degree or its equivalent in the area of speech pathology or audiology, as the case may be, from an educational …

§468E-6 Board of speech pathology and audiology. (a) There is hereby established within the department of commerce and consumer affairs a state board of speech pathology and audiology consisting of seven members. (b) The membership of the board shall include two speech pathologis…

§468E-7 Functions and powers of the board. (a) In addition to any other powers and duties authorized by law, the board, in accordance with chapters 91 and 92, shall administer, coordinate, and enforce this chapter. (b) In addition to other powers and duties authorized by law, the…

§468E-8 License. (a) After December 31, 1988, no person shall engage in the practice of speech pathology or audiology unless the person is licensed in accordance with this chapter or as otherwise provided in this chapter. (b) All speech pathologists and audiologists employed by a…

§468E-9 Application for examination. (a) A person eligible for licensure under section 468E-5 and desirous of licensure shall make application for examination to the board at least thirty days prior to the date of examination, upon a form and in such a manner as the board shall p…

[PART I. GENERAL PROVISIONS] §468L-1 Definitions. As used in this chapter: "Advertisement" includes, but is not limited to, any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. "Charter tour" means any …

[§468L-10] Consumer right of action. Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover…

[§468L-11] Remedies cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State. [L 1991, c 285, pt of §1]

[§468L-12] Criminal penalties. A person commits the criminal offense of theft if the person, being a travel agency or an agent, employee, or independent contractor of a travel agency, knowingly or intentionally violates section 468L-5(a), (b), or (c). [L 1991, c 285, pt of §1]

§468L-2 Registration and renewal. (a) A travel agency shall register with the director prior to engaging in the business of selling or advertising to sell travel services. (b) Each travel agency shall renew its registration on or before December 31 of each odd-numbered year. A st…

[§468L-2.5] Denial of registration. The director may deny the registration of any travel agency or charter tour operator when a travel agency or charter tour operator, its directors, officers, owners, members, managers, or general partners: (1) Fails to meet the requirements for …

[§468L-2.6] Revocation, suspension, and renewal of registration. In addition to any other action authorized by law, the director may revoke, suspend, or refuse to renew the registration of any travel agency or charter tour operator that violates this chapter. [L 2001, c 62, pt of…

[PART II. CHARTER TOUR OPERATORS] [§468L-21] Charter tour operator registration as travel agency required. (a) No person shall engage in the business of a charter tour operator unless that person has registered as a travel agency with the director under section 468L-2 and complie…

[§468L-22] Charter tour operator financial performance requirements. (a) The department shall not approve the initial registration or the renewal of registration of a travel agency that wishes to engage in the business of a charter tour operator and to operate not more than six c…

[§468L-23] Charter tour client trust account. Every travel agency engaged in the business of a charter tour operator shall establish and maintain a separate charter tour client trust account solely for the purpose of the travel agency's charter tour business. The charter tour cli…

[§468L-24] Maintenance of charter tour operator accounts. (a) Every charter tour operator shall maintain adequate books and records that provide for a proper accounting of total qualified charter tour client trust assets and qualified charter tour client trust liabilities for all…

[§468L-25] Maintenance of qualified charter tour client trust assets by charter tour operators. A charter tour operator shall regularly maintain qualified charter tour client trust assets in an amount which is equal to or exceeds the qualified charter tour client trust liabilitie…

[§468L-26] Quarterly report filing requirements for charter tour operators. Not later than forty-five days after the end of each quarter, each registered travel agency engaging in the business of a charter tour operator, at its own expense, shall file a quarterly report that shal…

[§468L-27] Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies. (a) Any registered travel agency engaged in the business of a charter tour operator which fails to file any report required to be filed under this chapter…