Prof and Voc Licensing

Clarifies the disclosure requirement for professional and
vocational licensees who have been disciplined in other

THE SENATE                              S.B. NO.           2202
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 436B-16, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) to read as follows:
 3      "(a)  Each licensee shall provide written notice within
 4 thirty days to the licensing authority of any judgment, award,
 5 disciplinary sanction, order, or other determination, which
 6 adjudges or finds that the licensee is civilly, criminally, or
 7 otherwise liable for any personal injury, property damage, or
 8 loss caused by the licensee's conduct in the practice of the
 9 licensee's profession or vocation.  A licensee shall also give
10 notice of such determinations made in other jurisdictions[.];
11 provided that no notice shall be required if the determination
12 was issued for conduct that does not constitute grounds for
13 disciplinary action under section 436B-19 or any other law of the
14 State."
15      SECTION 2.  Section 436B-19, Hawaii Revised Statutes, is
16 amended to read as follows:
17      "436B-19  Grounds for refusal to renew, reinstate or
18 restore and for revocation, suspension, denial, or condition of
19 licenses.  In addition to any other acts or conditions provided

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                                     S.B. NO.           2202

 1 by law, the licensing authority may refuse to renew, reinstate or
 2 restore, or may deny, revoke, suspend, or condition in any
 3 manner, any license for any one or more of the following acts or
 4 conditions on the part of the licensee or the applicant thereof: 
 5      (1)  Failure to meet or maintain the conditions and
 6           requirements necessary to qualify for the granting of a
 7           license;
 8      (2)  Engaging in false, fraudulent, or deceptive
 9           advertising, or making untruthful or improbable
10           statements;
11      (3)  Being addicted to, dependent on, or a habitual user of
12           a narcotic, barbiturate, amphetamine, hallucinogen,
13           opium, or cocaine, or other drugs or derivatives of a
14           similar nature;
15      (4)  Practicing the licensed profession or vocation while
16           impaired by alcohol, drugs, physical disability, or
17           mental instability;
18      (5)  Procuring a license through fraud, misrepresentation,
19           or deceit;
20      (6)  Aiding and abetting an unlicensed person to directly or
21           indirectly perform activities requiring a license;
22      (7)  Professional misconduct, incompetence, gross
23           negligence, or manifest incapacity in the practice of

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                                     S.B. NO.           2202

 1           the licensed profession or vocation;
 2      (8)  Failure to maintain a record or history of competency,
 3           trustworthiness, fair dealing, and financial integrity;
 4      (9)  Conduct or practice contrary to recognized standards of
 5           ethics for the licensed profession or vocation;
 6     (10)  Violating any condition or limitation upon which a
 7           conditional or temporary license was issued;
 8     (11)  Engaging in business under a past or present license
 9           issued pursuant to the licensing laws, in a manner
10           causing injury to one or more members of the public;
11     (12)  Failure to comply, observe, or adhere to any law in a
12           manner such that the licensing authority deems the
13           applicant or holder to be an unfit or improper person
14           to hold a license;
15     (13)  Revocation, suspension, or other disciplinary action by
16           another state or federal agency against a licensee or
17           applicant for any reason provided by the licensing laws
18           or this section;
19     (14)  Criminal conviction, whether by nolo contendere or
20           otherwise, of a penal crime directly related to the
21           qualifications, functions, or duties of the licensed
22           profession or vocation;
23     (15)  Failure to report in writing to the licensing authority

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                                     S.B. NO.           2202

 1           any disciplinary decision issued against the licensee
 2           or the applicant in another jurisdiction, as required
 3           under section 436B-16, within thirty days of the
 4           disciplinary decision;
 5     (16)  Employing, utilizing, or attempting to employ or
 6           utilize at any time any person not licensed under the
 7           licensing laws where licensure is required; or
 8     (17)  Violating this chapter, the applicable licensing laws,
 9           or any rule or order of the licensing authority." 
10      SECTION 3.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 4.  This Act shall take effect upon its approval.
14                           INTRODUCED BY:  _______________________