Hawaii med spa & injectable regulations

An applicant for a barber shop or beauty shop license shall: (1) Identify the name and location of the shop; (2) Identify at least one barber or beauty operator to qualify the shop for licensure in the applicable license category; (3) Identify the owner of the shop who shall be responsible for all operations of the shop and be responsible for ensuring that only currently licensed individuals, apprentices, or temporary permittees are practicing in the shop; Hawaii licenses the beauty shop where cosmetology is practiced; nothing in chapter 453 of the Hawaii Revised Statutes or in the Hawaii Medical Board’s rules in chapter 16-85 of the Hawaii Administrative Rules licenses a facility where medicine is practiced, and Hawaii issues no license or registration specific to a medical spa.

Haw. Rev. Stat. § 439A-10(a)(1)-(3) (ch. 453 and Haw. Admin. R. ch. 16-85 surveyed)

The department’s fee rule sets the license fees for the board of barbering and cosmetology as dollar amounts. Its application fees are listed as Operator or instructor $ 20; Beauty shop $ 50; Beauty school $ 500; Apprentice $ 20.

Haw. Admin. R. § 16-53-14(1)

The same fee rule sets the Hawaii medical board’s application fees at Physician for permanent license $ 50; Physician for limited and temporary license $ 25; Physician assistant $ 20.

Haw. Admin. R. § 16-53-24(1)

For the board of pharmacy the fee rule lists an application fee of Pharmacy $ 100 and an Original permit fee for pharmacy and miscellaneous $ 65.

Haw. Admin. R. § 16-53-33(1), (3)

No person shall for commercial purposes practice as a barber apprentice, beauty apprentice, barber, beauty operator, or beauty instructor; operate a barber shop, beauty shop, or beauty school; or announce or advertise as being prepared or qualified to practice or operate unless the person obtains a license or permit as required by this chapter.

Haw. Rev. Stat. § 439A-3(a)

The practice of barbering and practice of cosmetology shall be carried on only by persons holding a license or permit to practice in the State and only in barber shops or beauty shops; provided that nothing in this chapter shall prevent or prohibit a barber to practice barbering or beauty operator to practice cosmetology: (1) At any place for educational purposes; (2) Upon persons at a health care, nursing, mental, or correctional facility; (3) At a charitable event; or (4) At a person's private home, office, or hotel room when requested to do so.

Haw. Rev. Stat. § 439A-3(b)

All fees required by this chapter shall be as provided in rules adopted by the director pursuant to chapter 91 and shall be deposited with the director to the credit of the compliance resolution fund established pursuant to section 26-9(o), except that the examination fee required in section 439A-8 may be paid directly to the professional testing service by the department or the examinee.

Haw. Rev. Stat. § 439A-13

No applicant or licensee shall be granted a license pursuant to the licensing laws unless the appropriate fees have been paid. Unless otherwise provided by law, the director shall establish the amount for all fees and expenses by rules adopted pursuant to chapter 91. The fees to be established by the director may include but not be limited to an application fee, filing fee, license fee, renewal fee, examination fee, and other reasonable and necessary fees related to the department's administrative costs.

Haw. Rev. Stat. § 436B-15

No applicant shall be examined under this chapter until the applicant has paid to the board application, examination, and license fees. The board may provide separate fees for licensure by endorsement and for limited and temporary licenses. (b) Every physician or surgeon holding a license under this chapter shall renew the license with the board no later than January 31 of each even-numbered year.

Haw. Rev. Stat. § 453-6(a)-(b)

An esthetician applicant shall have an education equivalent to the completion of high school and either: (1) One thousand two hundred hours of training as a beauty apprentice in a beauty shop or barber shop under the supervision of a cosmetologist or esthetician; or (2) Six hundred hours of training in a beauty school.

Haw. Rev. Stat. § 439A-6(f)

It shall be unlawful for any person to operate, maintain, open, change location, or establish any pharmacy within the State without first having obtained a permit from the board.

Haw. Rev. Stat. § 461-14(a)

(2) For any person to distribute or dispense samples of any prescription drugs without first obtaining a permit from the board to do so; provided that nothing in this paragraph shall interfere with the furnishing of samples or drugs directly to physicians, druggists, dentists, veterinarians, and optometrists for use in their professional practice;

Haw. Rev. Stat. § 461-15(a)(2)

(6) For any person, as principal or agent, to conduct or engage in the business of preparing, manufacturing, compounding, packing, or repacking any drug without first obtaining a permit from the board to do so;

Haw. Rev. Stat. § 461-15(a)(6)

Any proprietor or manager of a pharmacy who fails or neglects to place a registered pharmacist in charge thereof or who permits the compounding of prescriptions, or the vending of drugs, except by or under the immediate supervision of a registered pharmacist, shall be deemed to have violated this chapter. Any person who, not being a registered pharmacist, compounds prescriptions or vends drugs, while not subject to the immediate supervision of a registered pharmacist, shall be deemed to have violated this chapter.

Haw. Rev. Stat. § 461-10

(17) Failure to comply with the pharmaceutical compounding requirements found in chapters 795 (nonsterile preparations) and 797 (sterile preparations) of the United States Pharmacopeia National Formulary, as amended;

Haw. Admin. R. § 16-95-110(a)(17)

Hawaii writes the duty as a disciplinary ground rather than as an instruction, which is easy to miss. It is a ground for the medical board to act on a “Failure to report to the board, in writing, any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days after the disciplinary decision is issued”.

Haw. Rev. Stat. § 453-8(a)(14)

(7) Professional misconduct, hazardous negligence causing bodily injury to another, or manifest incapacity in the practice of medicine or surgery; (9) Conduct or practice contrary to recognized standards of ethics of the medical profession as adopted by the Hawaii Medical Association, the American Medical Association, the Hawaii Association of Osteopathic Physicians and Surgeons, or the American Osteopathic Association;

Haw. Rev. Stat. § 453-8(a)(7), (9)

in disciplining a licensee in a proceeding held in conformity with chapter 91, the board may impose one or more of the following sanctions: (1) Place the licensee on probation, including conditions of probation as requiring observation of the licensee by an appropriate group or society of licensed physicians, osteopathic physicians, or surgeons; (2) Suspend the license; (3) Revoke the license; (4) Limit the license by restricting the fields of practice in which the licensee may engage; (5) Fine the licensee, including assessment against the licensee of the costs of the disciplinary proceedings. Any fine imposed by the board after a hearing in accordance with chapter 91 shall be not less than $500 and not more than $5,000 for each violation, exclusive of the costs of the disciplinary proceedings; (6) Require further education or training, or require proof of performance competency; or (7) Censure or reprimand.

Haw. Rev. Stat. § 453-8.2(a)

Any person who violates this chapter, or who offers or in any way attempts to engage in the practice of medicine as defined in section 453-1 and fails to comply with any of the requirements or provisions of this chapter, penalty for which violation or failure to comply is not otherwise provided for, shall be fined not more than $500 or imprisoned not more than six months and each day's violation or failure to comply shall be deemed a separate offense. All tools, implements, medicine, and drugs used in the practice of medicine by any person convicted of practicing medicine without a license shall be declared forfeited to the State by the court and ordered destroyed.

Haw. Rev. Stat. § 453-13

Any person, who engages in an activity requiring a license issued by the licensing authority and who fails to obtain the required license, or who uses any word, title, or representation to induce the false belief that the person is licensed to engage in the activity, other than a licensee who inadvertently fails to maintain licensing requirements under the appropriate licensing statute and who subsequently corrects the failure so that there was no lapse in licensure, shall be guilty of a misdemeanor and each day of unlicensed activity shall be deemed a separate offense.

Haw. Rev. Stat. § 436B-27(b)

Any person who violates this section shall be assessed a civil penalty of not more than $500 or forty per cent of the total amount of the goods and services provided or to be provided, whichever is greater, for the first violation; not more than $1,000 or forty per cent of the total amount of the goods and services provided or to be provided, whichever is greater, for the second violation; and not more than $5,000 or forty per cent of the total amount of the goods and services provided or to be provided, whichever is greater, for any subsequent violation.

Haw. Rev. Stat. § 436B-26.5(c)

The department of commerce and consumer affairs shall review each complaint, inquiry, and information, as applicable, received under sections 92-17, 329-44, 453-8.7, 663-1.7, and 671-5. The department shall investigate the complaint, inquiry, or information if it appears that the physician or osteopathic physician who is the subject of the complaint, inquiry, or information has violated this chapter. If the department determines that the physician or osteopathic physician has violated this chapter, the department shall present the results of its investigation to the Hawaii medical board for appropriate disciplinary proceedings.

Haw. Rev. Stat. § 453-7.5(a)

Each licensee shall provide written notice within thirty days to the licensing authority of any judgment, award, disciplinary sanction, order, or other determination, which adjudges or finds that the licensee is civilly, criminally, or otherwise liable for any personal injury, property damage, or loss caused by the licensee's conduct in the practice of the licensee's profession or vocation. A licensee shall also give notice of such determinations made in other jurisdictions.

Haw. Rev. Stat. § 436B-16(a)

(6) Unprofessional conduct as defined by the board in accordance with its own rules; (7) Wilful or repeated violation of any of the provisions of this chapter or any rule adopted by the board; Any fine imposed by the board after a hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation.

Haw. Rev. Stat. § 457-12(a)(6)-(7), (c)

It shall be a misdemeanor for any person, including any corporation, association, or individual to: (1) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record or aid or abet therein; or (2) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently signed or issued unlawfully or under fraudulent representation; or (3) Practice nursing as a registered or as a licensed practical nurse unless licensed to practice under this chapter; or (4) Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless licensed to practice under this chapter; or (5) Practice nursing as a registered nurse or as a licensed practical nurse during the time the person's license issued under this chapter is suspended or revoked; or (6) Conduct a nursing education program not accredited by the board to prepare for a registered nurse or licensed practical nurse unless the program has been accredited by the board; or (7) Otherwise violate any provision of this chapter. Any of these misdemeanors shall be punishable by a fine of not more than $500 for a first offense. Each subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both.

Haw. Rev. Stat. § 457-14

(3) Permitting an unlicensed or unregistered person to perform activities that require a license or registration under this chapter; Any person who violates any of the provisions of this chapter or the rules adopted pursuant to this chapter shall be fined no less than $100 and no more than $1,000 for each violation.

Haw. Rev. Stat. § 461-21(a)(3), (b)

(3) Permitting a person without a license, apprentice permit, or temporary permit to perform activities that require a license, apprentice permit, or temporary permit under this chapter; Any licensee or permittee who violates this chapter or the rules adopted pursuant thereto shall be fined not less than $500 and not more than $2,000 for each violation.

Haw. Rev. Stat. § 439A-16(a)(3), (b)