Hawaii · statute · Haw. Rev. Stat. ch. 452 · 22 active provisions
For the purpose of this chapter, the following definitions shall be adopted: "Board" means the board of massage therapy created under this chapter. "Massage", "massage therapy", and "Hawaiian massage" commonly known as lomilomi, means any method of treatment of the superficial soft parts of the body, consisting of rubb…
(a) It is unlawful for any person in the State to engage in or attempt to engage in the occupation or practice of massage for compensation without a current massage therapist license issued pursuant to this chapter. (b) A massage therapist apprentice who has a permit, or a massage therapist student under the direct sup…
No massage therapy establishment shall be operated unless it has been duly licensed as provided for in this chapter.
(a) There is established within the department of commerce and consumer affairs for administrative purposes a state board of massage therapy consisting of five members. (b) Three members shall have at least three years of practical experience as licensed massage therapists, who shall be actively employed as massage the…
(a) The board shall adopt rules pursuant to chapter 91 for the purposes of this chapter. (b) In addition to any other powers and duties authorized by law, the board may grant, or upon proof of violation of this chapter or the rules adopted by the board governing the practice under this chapter, revoke, suspend, or refu…
The board shall keep a record of all of its proceedings and activities including all applications, and the action taken thereon. The books and records of the board shall be prima facie evidence of matters therein contained. The provisions of chapter 92F shall prevail in the disclosure of information maintained by the b…
The board may call to its aid any person or persons of established reputation and known ability in their profession, for the purpose of conducting examinations, inspection, and investigations of all persons affected by this chapter.
Each person who desires to practice the occupation of massage therapist shall file with the board a written application on a form prescribed and supplied by the board, and shall submit such credentials as may be required by this chapter or the rules adopted by the board, and shall also pay the board the required fees.
(a) The executive secretary of the board shall determine the sufficiency of the preliminary qualifications of applicants for admission to examination and licensing. The executive secretary shall require that: (1) A nonrefundable application fee shall be paid to the board at the time of the application. (2) The examinat…
The department of commerce and consumer affairs or the board may contract with professional testing services to prepare, administer, and grade the examination for applicants as may be required for the purposes of this chapter. The examination of applicants for a license to practice massage shall be conducted under rule…
If an applicant for an examination for massage therapist passes the examination to the satisfaction of the board, the board shall issue a license to that effect, signed by the chairperson. The license shall be evidence that the person to whom it is issued is entitled to follow the practice stipulated therein as prescri…
(a) Massage therapist and massage therapy establishment licenses shall expire on June 30 of each even-numbered year following the date of issuance unless renewed for the next biennium. These licenses may be renewed by filing an application therefor, accompanied by a renewal fee and submitting proof of compliance with t…
(a) The fees for application, licensing, and other registrations shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be paid in advance and deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund es…
The board shall prescribe sanitary rules as it deems necessary, with reference to the precautions necessary to be employed to prevent the creating and spreading of infectious and contagious diseases.
Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist or who has not received a permit as a massage therapist apprentice as provided in this chapter, or who allows an unlicensed person to perform,…
Nothing in this chapter shall prohibit service in case of emergency, or domestic administration, without compensation, nor services by persons holding any valid license, permit, or certificate dealing with the healing arts, nor services by barbers, hairdressers, cosmeticians, and cosmetologists lawfully carrying on the…
(a) It is a misdemeanor for any person, including a person who is exempt by section 452-21 from this chapter, to advertise with or without any limiting qualifications as a massage therapist unless the person holds a valid license under this chapter. Further, it shall be a violation of this chapter for any person to adv…
(a) In addition to any other remedy available under this chapter, the department of commerce and consumer affairs may issue a citation to any person who holds a massage therapist or massage therapy establishment license issued by the board, or is designated the principal massage therapist by the massage therapy establi…
(a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including, but not limited to, revocation, suspension, fine, or a combination thereof, or may refuse to grant or renew a license for any cause authorized by law, including but not limited to the followin…
(a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an application to renew, restore, or reinstate a license under either of the following circumstances: (1) The licensee has been convicted in any court in or outside of this State of any offense that, if committed or atte…
The department of commerce and consumer affairs, in addition to any other remedies available, may apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter.
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.