HB 1054: RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.

A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.

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

     SECTION 1.  The legislature finds that an October 2024 Civil Beat article highlighted the inability of state licensing boards and agencies to promptly revoke the professional licenses of registered sex offenders.  The legislature believes that timely action in cases where certain professional license, registration, or certification holders are registered sex offenders is a vital aspect of consumer protection.  Delayed action in revoking a license, registration, or certification and preventing further practice by a registered sex offender places consumers at unnecessary risk.

     Accordingly, the purpose of this Act is to:

     (1)  Authorize the board of acupuncture, athletic trainer program, board of barbering and cosmetology, Hawaii board of chiropractic, board of dentistry,  electrologist program, hearing aid dealer and fitter program, marriage and family therapist licensing program, state board of massage therapy, Hawaii medical board, mental health counselors licensing program, state board of naturopathic medicine, state board of nursing, nurse aide program, nursing home administrator program, occupational therapy program, midwives licensing program, dispensing opticians program, board of optometry, board of pharmacy, board of physical therapy, board of psychology, behavior analyst program, respiratory therapist program, social worker licensing program, and state board of speech pathology and audiology to automatically revoke and deny the renewal, restoration, or reinstatement of a license, registration, or certification to a person who is a registered sex offender;

     (2)  Establish conditions for the disciplinary action; and

     (3)  Ensure consumer protection by requiring any final order of discipline taken to be public record.

     SECTION 2.  Chapter 436E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§436E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 3.  Chapter 436H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§436H-     Revocation of registration or denial of application to renew, restore, or reinstate a registration based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director shall automatically revoke a registration or deny an application to renew, restore, or reinstate a registration under either of the following circumstances:

     (1)  The registrant is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The registrant is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the registrant of the registration revocation or denial of application to renew, restore, or reinstate the registration and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the registration or denial of an application to renew, restore, or reinstate, the registrant may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the registrant is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the registration of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 4.  Chapter 439A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§439A-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 5.  Chapter 442, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§442-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 6.  Chapter 447, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§447-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the board of dentistry 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board of dentistry shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board of dentistry within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board of dentistry from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board of dentistry shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 7.  Chapter 448, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§448-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 8.  Chapter 448F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§448F-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 9.  Chapter 451A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§451A-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 10.  Chapter 451J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§451J-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 11.  Chapter 452, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§452-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 12.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 13.  Chapter 453D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453D-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 14.  Chapter 455, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§455-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 15.  Chapter 457, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 16.  Chapter 457A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457A-     Revocation of certification or denial of application to renew, restore, or reinstate a certification based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director shall automatically revoke a certification or deny an application to renew, restore, or reinstate a certification under either of the following circumstances:

     (1)  The certification holder is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The certification holder is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the certification holder of the certification revocation or denial of application to renew, restore, or reinstate the certification and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the certification or denial of an application to renew, restore, or reinstate, the certification holder may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the certification holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the certification of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 17.  Chapter 457B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457B-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 18.  Chapter 457G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457G-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 19.  Chapter 457J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457J-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 20.  Chapter 458, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§458-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 21.  Chapter 459, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§459-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 22.  Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§461-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 23.  Chapter 461J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§461J-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 24.  Chapter 463E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§463E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 25.  Chapter 465, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§465-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 26.  Chapter 465D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§465D-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 27.  Chapter 466D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§466D-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 28.  Chapter 467E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§467E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the director within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 29.  Chapter 468E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§468E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 is convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee is required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the licensee is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person when:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense."

     SECTION 30.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 31.  New statutory material is underscored.

     SECTION 32.  This Act shall take effect on July 1, 3000.

Report Title:

DCCA; Registered Sex Offenders; Professional Licenses, Registrations, and Certifications; Automatic Revocation; Denial of Application to Renew, Restore, or Reinstate

Description:

Authorizes the Department of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate the professional licenses, registrations, or certifications of registered sex offenders.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.

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

     SECTION 1.  The legislature finds that a recent Civil Beat article highlighted the inability of state licensing boards and agencies to promptly revoke the professional licenses of registered sex offenders.  The legislature believes that timely action in cases where certain professional license holders are registered sex offenders is a vital aspect of consumer protection.  Delayed action in revoking a license and preventing further practice by a registered sex offender places consumers at unnecessary risk.

     Accordingly, the purposes of this Act are to:

     (1)  Authorize the board of acupuncture, athletic trainer program, board of barbering and cosmetology, state board of chiropractic, board of dental examiners,  electrologist program, hearing aid dealer and fitter program, marriage and family therapist licensing program, state board of massage therapy, Hawaii medical board, mental health counselors licensing program, state board of naturopathic medicine, state board of nursing, nurse aide program, nursing home administrator program, occupational therapy program, midwives licensing program, dispensing opticians program, board of examiners in optometry, board of pharmacy, board of physical therapy, board of psychology, behavior analyst program, respiratory therapist program, social worker licensing program, and state board of speech pathology and audiology to automatically revoke and deny the renewal, restoration, or reinstatement of a license to a licensee who is a registered sex offender;

     (2)  Establish conditions for the disciplinary action; and

     (3)  Ensure consumer protection by requiring any final order of discipline taken to be public record.

     SECTION 2.  Chapter 436E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§436E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 3.  Chapter 436H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§436H-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 4.  Chapter 439A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§439A-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 5.  Chapter 442, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§442-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 6.  Chapter 447, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§447-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 7.  Chapter 448, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§448-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 8.  Chapter 448F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§448F-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 9.  Chapter 451A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§451A-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 10.  Chapter 451J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§451J-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 11.  Chapter 452, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§452-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 12.  Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 13.  Chapter 453D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§453D-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 14.  Chapter 455, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§455-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 15.  Chapter 457, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 16.  Chapter 457A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457A-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 17.  Chapter 457B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457B-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 18.  Chapter 457G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457G-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 19.  Chapter 457J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§457J-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 20.  Chapter 458, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§458-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 21.  Chapter 459, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§459-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 22.  Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§461-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 23.  Chapter 461J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§461J-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 24.  Chapter 463E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§463E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 25.  Chapter 465, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§465-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 26.  Chapter 465D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§465D-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 27.  Chapter 466D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§466D-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 28.  Chapter 467E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§467E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (a)  Notwithstanding any law to the contrary, the director 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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the provisions of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The director shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the program from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The director shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 29.  Chapter 468E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§468E-     Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions.  (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 attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

     (2)  The licensee has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the related conviction has been appealed.

     (b)  The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

     (c)  Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the licensing authority within ten days of the notice.  The hearing shall be held within thirty days of the revocation or denial.  The proceeding shall be conducted in accordance with chapter 91.

     (d)  For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction.  The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

     (e)  If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease.  Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

     (f)  Any final order of discipline taken pursuant to this section shall be a matter of public record.

     (g)  The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

     (1)  The person has been required to register as a sex offender pursuant to the requirements of chapter 846E, regardless of whether the conviction has been appealed; and

     (2)  The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense."

     SECTION 30.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 31.  New statutory material is underscored.

     SECTION 32.  This Act shall take effect upon its approval.

Report Title:

DCCA; Registered Sex Offenders; Professional Licenses; Automatic Revocation and Denial of Application to Renew, Restore, or Reinstate

Description:

Authorizes the Department of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate the professional licenses of registered sex offenders.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  530

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1054

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1054 entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS,"

begs leave to report as follows:

     The purpose of this measure is to require, for certain professions, the Director of Commerce and Consumer Affairs and licensing boards to automatically revoke and refuse to renew, restore, or reinstate the professional licenses, registrations, or certifications of registered sex offenders.

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Board of Physical Therapy; Board of Dentistry; Board of Massage Therapy; Board of Chiropractic; Hawaii Medical Board; Board of Speech Pathology and Audiology; and Honolulu Police Department.  Your Committee received comments on this measure from the Board of Psychology; Board of Naturopathic Medicine; Board of Optometry; Board of Barbering and Cosmetology; Board of Nursing; and Board of Acupuncture.

     Your Committee finds that under existing law, persons subject to administrative disciplinary actions are afforded a notice and an opportunity for a hearing.  However, in instances where the person of interest has been convicted of a sexual offense, the delay in imposing a disciplinary action, including the revocation of a professional license, registration, or certification, places the public at serious risk.  This measure promotes consumer protection by requiring the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, and reinstate the professional licenses, registrations, or certifications of registered sex offenders.

     Your Committee has amended this measure by:

     (1)  Clarifying that the authority to automatically revoke or deny an application to renew, restore, or reinstate applies to persons who are currently required to register as a sex offender pursuant to the requirements of the sex offender registration laws;

     (2)  Clarifying that the Director of Commerce and Consumer Affairs or the licensing board, as appropriate, shall not restore, renew, or reinstate a license, registration, or certification in the case where:

          (A)  The person has been required to register as a sex offender; and

          (B)  The victim of the covered offense was a patient or client, or a former patient or client, if the relationship was terminated primarily for the purpose of committing the covered offense;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1054, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1054, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,