2017 Hawaii Revised Statutes
TITLE 25. PROFESSIONS AND OCCUPATIONS
457. Nurses
457-12 Discipline; grounds; proceedings; hearings.
§457-12 Discipline; grounds; proceedings; hearings. (a) [Repeal and reenactment on June 30, 2023. L 2017, c 66, §6.] In addition to any other actions authorized by law, the board shall have the power to deny, revoke, limit, or suspend any license to practice nursing as a registered nurse or as a licensed practical nurse applied for or issued by the board in accordance with this chapter, and to fine or to otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:
(1) Fraud or deceit in procuring or attempting to procure a license to practice nursing as a registered nurse or as a licensed practical nurse;
(2) Gross immorality;
(3) Unfitness or incompetence by reason of negligence, habits, or other causes;
(4) Habitual intemperance, addiction to, or dependency on alcohol or other habit-forming substances;
(5) Mental incompetence;
(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;
(8) Revocation, suspension, limitation, or other disciplinary action by another state of a nursing license;
(9) Conviction, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions, or duties of a nurse, notwithstanding any statutory provision to the contrary;
(10) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;
(11) Submitting to or filing with the board any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement of fact, including a false attestation of compliance with continuing competency requirements;
(12) Violation of the conditions or limitations upon which any license is issued; or
(13) Violation of chapter 329, the uniform controlled substances act, or any rule adopted thereunder except as provided in section 329-122.
(b) Notwithstanding any other law to the contrary, the board may deny a license to any applicant who has been disciplined by another state. Any final order entered pursuant to this subsection shall be a matter of public record.
(c) 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.
(d) The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1970, c 71, pt of §1; am L 1973, c 31, §20; am L 1974, c 205, §2(17); am L 1983, c 119, §9; am L 1986, c 27, §1; am L 1992, c 202, §111; am L 2015, c 127, §4; am L 2016, c 38, §8; am L 2017, c 66, §4]
Cross References
Diversion program for chemically dependent nurses, see chapter 334D.
