Title 25, Professions And Occupations

[§457G-1.2] Occupational therapy program. There is established an occupational therapy program within the department to be administered by the director. [L 2014, c 209, pt of §2]

[§457G-1.3] Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

§457G-1.4 License required. (a) Except as specifically provided in this chapter, no person shall engage in the practice of occupational therapy or use the title "licensed occupational therapist" or "occupational therapist" without a valid license to practice occupational therapy …

§457G-1.5 Practice of occupational therapy. (a) The practice of occupational therapy is the therapeutic use of everyday life activities with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. I…

§457G-2 Qualifications of occupational therapists. (a) To qualify for licensure in this State, occupational therapists shall have completed the educational requirements and supervised field work experience required for certification by the National Board for Certification in Occu…

[§457G-2.6] Qualifications of occupational therapy assistants. (a) Effective January 1, 2017, occupational therapy assistants shall be licensed pursuant to this chapter. (b) To qualify for licensure in this State, occupational therapy assistants shall have completed the education…

[§457G-2.7] Supervision of occupational therapy assistants; partnership with occupational therapists. (a) An occupational therapy assistant may practice occupational therapy only under the supervision of, and in partnership with, an occupational therapist who is licensed to pract…

[§457G-5] Exemptions. (a) Nothing in this chapter shall be construed to prohibit any person from acting within the scope of a license issued to that person under any other law; provided that the person shall not claim to be an occupational therapist or occupational therapy assist…

[§457G-6] Biennial renewal; failure to renew; restoration, inactive license; conversion from registration. (a) The biennial renewal fee shall be paid to the department on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the bie…

[§457G-7] License revocation or suspension; reinstatement; probation. (a) In addition to any other actions authorized by law, any license issued under this chapter may be revoked or suspended by the director at any time for any cause authorized by law, including but not limited t…

[§457G-8] 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 director shall automatically revoke a license or deny an a…

§457J-1 Findings and purpose. The legislature finds that:

§457J-10 Renewals. (a) Every license issued under this chapter shall be renewed triennially on or before June 30, with the first renewal deadline occurring on June 30, 2023. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been so forfeit…

[§457J-10.1] License renewal continuing education requirement. (a) Beginning July 1, 2026, each midwife shall provide documentation of successful completion of thirty contact hours during the prior triennium of appropriate continuing education that is related to the practice of m…

[§457J-10.2] Peer review requirements; license renewal. (a) Beginning June 30, 2029, each midwife shall, as a condition of license renewal: (b) If the midwife has served fewer than five clients in the prior triennium, the requirements of subsection (a)(2) may be waived upon a det…

[§457J-10.3] Data submission requirements; license renewal. (a) The department may require a midwife, as a condition of license renewal, to: (b) The data submission requirements may be waived if the midwife attests that the midwife has not provided midwifery care to any clients d…

§457J-11 Authority to purchase and administer certain legend drugs and devices. (a) A midwife licensed under this chapter may purchase and administer non-controlled legend drugs and devices that are used in pregnancy, birth, postpartum care, newborn care, or resuscitation, and th…

[§457J-11.5] Prescriptive authority. (a) Prescriptive authority shall be granted solely to midwives practicing as certified midwives and shall not be granted to midwives practicing as certified professional midwives. Midwives practicing as certified midwives shall only prescribe …

§457J-12 Grounds for refusal to grant, renew, reinstate, or restore licenses and for revocation, suspension, denial, or condition of licenses. In addition to any other acts or conditions provided by law, the director may refuse to grant, renew, reinstate, or restore, or may deny,…

[§457J-12.5] 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 director shall automatically revoke a license or deny a…

[§457J-13] Penalties. Any person who violates this chapter or rules adopted pursuant thereto shall be subject to a fine of not more than $1,000 for each separate offense. For purposes of this section, each day of violation shall constitute a separate offense. [L 2019, c 32, pt of…

[§457J-14] Scope of practice of midwifery. (a) The scope of practice of midwifery means the full practice of midwifery, regardless of compensation or personal profit, as determined by the director, rules adopted by the director, and midwifery standards established or recognized b…

[§457J-15] Care provided by midwives; requirements. (a) A midwife shall continually assess the appropriateness of the planned location of birth and shall refer to the American College of Nurse-Midwives Clinical Bulletin Number 61: Midwifery Provision of Home Birth Services (Novem…

[§457J-16] Global signature authority. Midwives shall be authorized to sign, certify, or endorse all documents relating to health care provided for their clients within their scope of practice, including temporary disability insurance forms, verification and evaluation forms of t…

[§457J-17] Reporting requirements. (a) Every midwife who does not possess professional liability insurance shall report in writing any settlement or arbitration award of a claim or action for damages for death or personal injury caused by negligence, error, or omission in practic…

§457J-2 Definitions. As used in this chapter: "Accreditation Commission for Midwifery Education" means the United States Department of Education-recognized commission that provides accreditation and pre-accreditation of certificates, post-baccalaureates, graduate degrees, and pre…

[§457J-3] Midwives licensing program. There is established a midwives licensing program within the department to be administered by the director. [L 2019, c 32, pt of §2]

[§457J-4] Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall have the power and duties to:

[§457J-5] License required. (a) Beginning July 1, 2020, except as provided in this chapter, no person shall engage in the practice of midwifery, or use the title "midwife", "licensed midwife", or the abbreviation "L.M.", or any other words, letters, abbreviations, or insignia ind…

§457J-6 Exemptions. (a) This chapter shall not apply to a person who is: (b) It shall not be a violation of this chapter for a person invited by a patient to be present at a birth occurring at a location other than a birth facility; provided that the person shall not use the titl…

[§457J-7] Fees. (a) Each applicant shall pay a licensing fee upon application for an initial license or renewal of a license. Fees collected pursuant to this section or by rule adopted under this section shall be nonrefundable. (b) Pursuant to section 26-9(l), the director may es…

§457J-8 Application for license as a midwife. (a) To obtain a license under this chapter, the applicant shall provide: (b) Evidence of qualifications for licensure as a certified midwife shall consist of the following: (c) Evidence of qualifications for licensure as a certified p…

[§457J-9] Issuance of license. The director may issue a license to any person who meets all licensure requirements and pays the appropriate fees. [L 2019, c 32, pt of §2]

§458-1 Dispensing optician defined. An individual is deemed to be engaged in the occupation of dispensing optician when the individual prepares and dispenses lenses, spectacles, eyeglasses, or appurtenances thereto to the intended wearer thereof on written prescription from physi…

§458-10 Subpoenas, oaths. In all proceedings before the director, the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, and the production of documentary evidence, as are possessed by circuit courts. In case of disobedienc…

§458-11 Reinstatement. The director may reinstate without examination the license of any dispensing optician issued under this chapter which has been revoked or may modify the suspension of any such license which has been suspended. [L 1949, c 183, pt of §1; RL 1955, §69-11; HRS …

§458-13 Acts prohibited. It shall be unlawful to do any of the following:

§458-14 Exceptions; acts not prohibited. (a) Nothing in this chapter applies to any physician, optometrist, or ophthalmologist licensed under the laws of the State, nor shall anything in this chapter prohibit the sale of glasses, sun glasses, colored glasses, or eye devices if th…

§458-15 Penalties. Any person who violates this chapter shall be fined not more than $500, or imprisoned not more than one year, or both. [L 1949, c 183, pt of §1; RL 1955, §69-15; HRS §458-15]

§458-3 Powers and duties. In addition to any other powers and duties authorized by law, the director of commerce and consumer affairs, subject to chapter 91, may adopt, amend, and repeal rules for the administration of this chapter. The director shall appoint an advisory committe…

§458-6.5 License; application; qualifications. (a) An individual shall be licensed as a dispensing optician to engage in the occupation of dispensing optician. (b) The applicant shall provide evidence of having: The applicant shall submit to the director an application for a lice…

[§458-6.9] Dispensing optician identification tags. Each licensed dispensing optician may wear an identification tag for the purpose of identifying to the customer that the person is a licensed dispensing optician. [L 1997, c 301, §1]

§458-8 Expiration and renewal. (a) A license issued under this chapter, unless sooner suspended or revoked, shall expire on July 1 of each even-numbered year, but may be biennially renewed by the license holder in good standing upon the payment of a biennial renewal fee. Failure …

§458-9 Revocation or suspension of licenses. In addition to any other actions authorized by law, the director, in conformity with chapter 91, may revoke or suspend any license issued under this chapter for any cause authorized by law, including but not limited to fraud or dishone…

[§458-9.5] 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 director of commerce and consumer affairs shall automatic…

§459‑1 Optometry; practice of, defined. (a) The practice of optometry, for the purpose of this chapter, is defined to be: Superficial foreign bodies may be removed from the human eye and eyelids, including the removal of corneal superficial foreign bodies above Bowman's Layer. (b…