REPORT TITLE:
Prof and Voc Licensing

DESCRIPTION:
Clarifies the disclosure requirement for professional and
vocational licensees who have been disciplined in other
jurisdictions.

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


                   A  BILL  FOR  AN  ACT

RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 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
 

 
Page 2                                                     
                                     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
 

 
Page 3                                                     
                                     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
 

 
Page 4                                                     
                                     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.
 
13 
 
14                           INTRODUCED BY:  _______________________