SB 1373: DCCA; Registered Sex Offenders; Professional Licenses; Certification; Automatic Revocation and Denial of Application to Renew, Restore, or Reinstate
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-07-02: Act 273, on 07/02/2025 (Gov. Msg. No. 1376).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
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 or certification of registered sex offenders. (CD1)
Requires the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to issue, renew, restore, or reinstate the professional licenses, registrations, certifications, or permits of registered sex offenders. Effective 7/1/3000. (HD2)
Requires the Director 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)
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. Effective 7/1/2050. (SD2)
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. Effective 7/1/2050. (SD1)
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.
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THE SENATE |
S.B. NO. |
1373 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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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 purpose of this Act is to:
(1) Authorize the department of commerce and consumer affairs and certain licensing boards 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 requiring registration as a 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 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.
(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:
(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 requiring registration as a 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:
(2) The licensee has been required to register as a sex offender pursuant to 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 certification or denial of application to renew, restore, or reinstate a certification based on conviction requiring registration as a 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 person 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 person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person 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 person 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 person 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the director of commerce and consumer affairs 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 chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director of commerce and consumer affairs 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 of commerce and consumer affairs 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 director of commerce and consumer affairs 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 of commerce and consumer affairs 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 under any of the following circumstances:
(1) The person has been required to register as a sex offender pursuant to 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 requiring registration as a 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 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 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 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 31. New statutory material is underscored.
SECTION 32. This Act shall take effect on July 1, 2025.
Report Title:
DCCA; Registered Sex Offenders; Professional Licenses; Certification; 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 or certification of registered sex offenders. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1373 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Require 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 issuance, renewal, restoration, or reinstatement of a license, registration, certification, or permit 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 permit or denial of application to issue, renew, restore, or reinstate a license or permit based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or permit or deny an application to issue, renew, restore, or reinstate a license or permit under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license or permit revocation or denial of application to issue, renew, restore, or reinstate the license or permit and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or permit or denial of an application to issue, renew, restore, or reinstate the license or permit, the person 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 person 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 or permit of a person when:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a registration under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the registration revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the registration, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 permit or denial of application to issue, renew, restore, or reinstate a license or permit based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or permit or deny an application to issue, renew, restore, or reinstate a license or permit under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license or permit revocation or denial of application to issue, renew, restore, or reinstate the license or permit and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or permit or denial of an application to issue, renew, restore, or reinstate the license or permit, the person 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 person 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 or permit of a person when:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board of dentistry shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 permit or denial of application to issue, renew, restore, or reinstate a license or permit based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or permit or deny an application to issue, renew, restore, or reinstate a license or permit under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license or permit revocation or denial of application to issue, renew, restore, or reinstate the license or permit and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or permit or denial of an application to issue, renew, restore, or reinstate the license or permit, the person 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 person 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 or permit of a person when:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 permit or denial of application to issue, renew, restore, or reinstate a license or permit based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or permit or deny an application to issue, renew, restore, or reinstate a license or permit under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license or permit revocation or denial of application to issue, renew, restore, or reinstate the license or permit and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or permit or denial of an application to issue, renew, restore, or reinstate the license or permit, the person 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 person 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 or permit of a person when:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a certification under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the certification revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the certification, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, renew, restore, or reinstate a license based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the director of commerce and consumer affairs shall automatically revoke a license or deny an application to issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director of commerce and consumer affairs shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person may file a written request for a hearing with the director of commerce and consumer affairs 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 person is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease. Nothing in this subsection shall prohibit the director of commerce and consumer affairs 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 of commerce and consumer affairs 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 permit or denial of application to issue, renew, restore, or reinstate a license or permit based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or permit or deny an application to issue, renew, restore, or reinstate a license or permit under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license or permit revocation or denial of application to issue, renew, restore, or reinstate the license or permit and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or permit or denial of an application to issue, renew, restore, or reinstate the license or permit, the person 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 person 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 or permit of a person when:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 permit or denial of application to issue, renew, restore, or reinstate a license or permit based on conviction as a registered sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or permit or deny an application to issue, renew, restore, or reinstate a license or permit under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license or permit revocation or denial of application to issue, renew, restore, or reinstate the license or permit and of the right to elect to have a hearing as provided in subsection (c).
(c) Upon revocation of the license or permit or denial of an application to issue, renew, restore, or reinstate the license or permit, the person 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 person 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 or permit of a person when:
(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The director shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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 issue, 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 issue, renew, restore, or reinstate a license under either of the following circumstances:
(1) The person 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 sexual offenses described in chapter 846E; or
(2) The person is required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.
(b) The board shall notify the person of the license revocation or denial of application to issue, 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 issue, renew, restore, or reinstate the license, the person 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 person 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 chapter 846E, regardless of whether the conviction has been appealed; and
(2) The victim of the covered sexual 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 sexual 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.
Report Title:
DCCA; Registered Sex Offenders; Professional Licenses, Registrations, Certifications, and Permits; Automatic Revocation; Denial of Application to Issue, Renew, Restore, or Reinstate
Description:
Requires the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to issue, renew, restore, or reinstate the professional licenses, registrations, certifications, or permits of registered sex offenders. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1373 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Require 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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.
Report Title:
DCCA; Registered Sex Offenders; Professional Licenses, Registrations, and Certifications; Automatic Revocation; Denial of Application to Renew, Restore, or Reinstate
Description:
Requires the Director 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.
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THE SENATE |
S.B. NO. |
1373 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Authorize the department of commerce and consumer affairs and certain licensing boards 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 requiring registration as a 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 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.
(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:
(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 requiring registration as a 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:
(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 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 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 requiring registration as a 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 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 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 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the Hawaii medical 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the director of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 director of commerce and consumer affairs 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 of commerce and consumer affairs 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 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 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 requiring registration as a 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 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 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 31. New statutory material is underscored.
SECTION 32. This Act shall take effect on July 1, 2050.
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. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1373 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Authorize the board of acupuncture, athletic trainer program, board of barbering and cosmetology, 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, Hawaii 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 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 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.
(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:
(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:
(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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Hawaii medical 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 31. New statutory material is underscored.
SECTION 32. This Act shall take effect on July 1, 2050.
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. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1373 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
(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:
(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:
(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 31. New statutory material is underscored.
SECTION 32. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
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.
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Date
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Status
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| Jul 2, 2025 | Act 273, on 07/02/2025 (Gov. Msg. No. 1376). |
| Jul 2, 2025 | Act 273, 07/02/2025 (Gov. Msg. No. 1376). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 29) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 29). |
| Apr 23, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Chun, Perruso, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 23, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Fukunaga, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 23, 2025 | Conference committee meeting to reconvene on 04-23-25 1:41PM; Conference Room 224. |
| Apr 21, 2025 | Conference committee meeting to reconvene on 04-22-25 1:40PM; Conference Room 224. |
| Apr 17, 2025 | Conference committee meeting scheduled for 04-21-25 1:40PM; Conference Room 224. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 754). |
| Apr 17, 2025 | House Conferees Appointed: Chun, Perruso Co-Chairs; Pierick. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 789). |
| Apr 15, 2025 | Senate Conferees Appointed: Fukunaga Chair; San Buenaventura Co-Chair; Awa. |
| Apr 8, 2025 | Received notice of disagreement (Sen. Com. No. 774). |
| Apr 8, 2025 | Senate disagrees with House amendments. |
| Apr 8, 2025 | Received from House (Hse. Com. No. 607). |
| Apr 4, 2025 | Passed Third Reading as amended in HD 2 with Representative(s) Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Apr 2, 2025 | Forty-eight (48) hours notice Friday, 04-04-25. |
| Apr 2, 2025 | Reported from JHA (Stand. Com. Rep. No. 1763) as amended in HD 2, recommending passage on Third Reading. |
| Mar 25, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Kahaloa. |
| Mar 21, 2025 | Bill scheduled to be heard by JHA on Tuesday, 03-25-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 18, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2). |
| Mar 18, 2025 | Reported from CPC (Stand. Com. Rep. No. 1299) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 12, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Kong, Marten, Tam, Pierick; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 2 Excused: Representative(s) Ichiyama, Lowen. |
| Mar 10, 2025 | Bill scheduled to be heard by CPC on Wednesday, 03-12-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to CPC, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 316) in amended form (SD 2). |
| Mar 4, 2025 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 998) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. |
| Feb 18, 2025 | The committee(s) on JDC will hold a public decision making on 02-21-25 10:20AM; Conference Room 016 & Videoconference. |
| Feb 13, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 13, 2025 | Reported from CPN (Stand. Com. Rep. No. 443) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 4, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Richards. |
| Jan 30, 2025 | The committee(s) on CPN has scheduled a public hearing on 02-04-25 9:35AM; Conference Room 229 & Videoconference. |
| Jan 27, 2025 | Referred to CPN, JDC. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 21, 2025 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 4, 2025 | Third Reading | House Floor |
Passed |
|
| Mar 25, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Mar 12, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
|
| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Feb 4, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Massage Therapy | ** Support | |
| Board of Optometry | ** Support | |
| Board of Speech Pathology and Audiology | ** Support | |
| Board of Chiropractic | ** Support | |
| Board of Massage Therapy | ** Support | |
| Board of Naturopathic Medicine | ** Support | |
| Board of Acupuncture | ** Support | |
| Board of Barbering and Cosmetology | ** Support | |
| Board of Barbering and Cosmetology | *** Support | Mar 25, 2025 |
| Board of Barbering and Cosmetology | ** Support | |
| Board of Chiropractic | ** Support | |
| Board of Dentistry | ** Support | |
| Board of Massage Therapy | *** Support | Mar 25, 2025 |
| Board of Naturopathic Medicine | *** Support | Mar 25, 2025 |
| Board of Nursing | ** Support | |
| Board of Optometry | ** Support | |
| Board of Physical Therapy | ** Support | |
| Board of Physical Therapy | *** Support | Mar 25, 2025 |
| Board of Psychology | ** Support | |
| Board of Speech Pathology & Audiology | *** Support | Mar 12, 2025 |
| Board of Speech Pathology and Audiology | ** Support | |
| Board of Speech Pathology and Audiology | *** Support | Mar 25, 2025 |
| City and County of Honolulu | *** Support | Feb 4, 2025 |
| Department of Commerce and Consumer Affairs | ** Support | |
| Hawaii Dental Association | ** Support | |
| Hawaii Board of Chiropractic | ** Support | |
| Hawaii Board of Chiropractic | *** Support | Mar 25, 2025 |
| Hawaii Board of Chiropractic | ** Support | |
| Hawaii Board of Optometry | *** Support | Mar 25, 2025 |
| Hawaii Board of Speech Pathology & Audiology | *** Support | Feb 20, 2025 |
| Hawaii Board of Speech Pathology and Audiology | ** Support | |
| Hawaii Medical Board | ** Support | |
| Hawaiʻi State Commission on the Status of Women | ** Support | |
| Honolulu Police Department | ** Support | |
| Kapiʻolani Sex Abuse Treatment Center | ** Support | |
| Kapi‘olani Medical Center for Women & Children | *** Support | Feb 4, 2025 |
| Kingdom of the Hawaiian Islands | ** Support | |
| Kingdom of The Hawaiian Islands | *** Support | Mar 25, 2025 |
| Ohana Unity Party | ** Support | |
| RAINN | ** Support |
CONFERENCE COMMITTEE REP. NO. 29
Honolulu, Hawaii
, 2025
RE: S.B. No. 1373
S.D. 2
H.D. 2
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1373, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Require the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and deny the issuance, renewal, restoration, or reinstatement of a professional license, registration, certification, or permit 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.
Your Committee on Conference finds that existing law does not facilitate the timely revocation or denial of a renewal, restoration, or reinstatement of a license for certain professions when the licensee is convicted of an offense requiring registration as a sex offender. Given the nature of these licensed professions, many of which involve close physical contact with members of the public, any delayed action in revoking a license to prevent further practice by a registered sex offender places consumers at unnecessary risk. This measure enables the flexibility needed to take a more expeditious approach against registered sex offenders who are in certain professions that involve close physical contact with consumers and require a professional license to operate.
Your Committee on Conference has amended this measure by:
(1) Reverting back to the S.D. 2 version of this measure, which authorizes, rather than requires, the Director 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;
(2) Changing its effective date to July 1, 2025; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1373, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1373, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE HOUSE |
|
ON THE PART OF THE SENATE |
|
____________________________ CORY CHUN Co-Chair |
|
____________________________ CAROL FUKUNAGA Chair |
|
____________________________ AMY A. PERRUSO Co-Chair |
|
____________________________ JOY A. SAN BUENAVENTURA Co-Chair |
|
|
|
|
|
|
|
|
STAND. COM. REP. NO. 1763
Honolulu, Hawaii
, 2025
RE: S.B. No. 1373
S.D. 2
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1373, S.D. 2, H.D. 1, 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:
(1) Require the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate a license, registration, or certification if the person either committed an offense that would be punishable as an offense described under the sex offender registration laws or is required to register as a sex offender;
(2) Provide a licensee, registrant, or certification holder with an opportunity for a hearing on the adverse action;
(3) Specify that final orders of discipline are matters of public record; and
(4) Prohibit the Director of Commerce and Consumer Affairs or licensing board, as appropriate, from restoring, renewing, or reinstating a license, registration, or certification in a case where the person has been required to register as a sex offender and the victim of the covered offense was a patient or client or a former patient or client.
Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Board of Dentistry; Board of Massage Therapy; Board of Psychology; Board of Nursing; Board of Naturopathic Medicine; Board of Physical Therapy; Hawaii Medical Board; Board of Optometry; Board of Barbering and Cosmetology; Board of Chiropractic; Board of Speech Pathology and Audiology; Hawaiʻi State Commission on the Status of Women; Honolulu Police Department; RAINN; Ohana Unity Party; Kingdom of the Hawaiian Islands; and one individual. Your Committee received comments on this measure from the Board of Acupuncture.
Your Committee finds that Hawaii's laws do not facilitate the timely revocation of a license and denial of a renewal, restoration, or reinstatement of a license for certain professions when the licensee becomes or is found to be a registered sex offender. This measure authorizes the Department of Commerce and Consumer Affairs and its professional and vocational licensing boards, commissions, and programs to act more swiftly to safeguard clients and customers when a licensee is convicted of a crime that requires the licensee to register as a sex offender.
Your Committee has amended this measure by:
(1) Specifying that the provisions of this measure also apply to permits issued by the Director of Commerce and Consumer Affairs or licensing board, as applicable, in the case of certain professions or vocations;
(2) Specifying that the provisions of this measure apply to an application for the initial issuance of a license, registration, certification, or permit;
(3) Clarifying one of the bases on which the Director or licensing board shall take action is when the person was convicted of an offense that would have been punishable as a sexual offense, rather than any offense, under the sex offender registration laws; 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1373, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1373, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 1299
Honolulu, Hawaii
, 2025
RE: S.B. No. 1373
S.D. 2
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 S.B. No. 1373, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS,"
begs leave to report as follows:
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, or reinstate the professional licenses, registrations, or certifications of registered sex offenders.
Your Committee further finds that the companion to this measure, H.B. 1054, H.D. 1 (Regular Session of 2025), was previously passed by your Committee.
Your Committee has amended this measure by:
(1) Deleting its contents and inserting the contents of H.B. 1054, H.D. 1, a measure that:
(A) Requires the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate a license, registration, or certification if the person either committed an offense that would be punishable as an offense described under the sex offender registration laws or is required to register as a sex offender;
(B) Provides a licensee, registrant, or certification holder with an opportunity for a hearing on the adverse action;
(C) Specifies that final orders of discipline are matters of public record;
(D) Prohibits the Director of Commerce and Consumer Affairs or licensing board, as appropriate, from restoring, renewing, or reinstating a license, registration, or certification in a case where the person has been required to register as a sex offender and the victim of the covered offense was a patient or client or a former patient or client; and
(E) Takes effect on July 1, 3000; and
(2) 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 S.B. No. 1373, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1373, S.D. 2, 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,
|
|
|
____________________________ SCOT Z. MATAYOSHI, Chair |
|
|
|
|
STAND. COM. REP. NO. 998
Honolulu, Hawaii
RE: S.B. No. 1373
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1373, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS,"
begs leave to report as follows:
The purpose and intent of this measure is to authorize 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.
Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Board of Physical Therapy, Board of Psychology, Hawaii Medical Board, Board of Dentistry, Board of Massage Therapy, Hawaii Board of Chiropractic, Hawaii Board of Optometry, Board of Barbering and Cosmetology, Board of Nursing, Hawaii Board of Speech Pathology and Audiology, Honolulu Police Department, RAINN, and three individuals.
Your Committee received comments on this measure from the Hawaii Board of Neuropathic Medicine and Board of Acupuncture.
Your Committee finds that existing law does not facilitate the timely revocation or denial of a renewal, restoration, or reinstatement of a license for certain professions when the licensee is a registered sex offender. Due to the nature of these professions, which involve close physical contact, your Committee believes that any delayed action in revoking a license and preventing further practice by a registered sex offender places consumers at unnecessary risk. This measure will allow the Department of Commerce and Consumer Affairs and certain licensing boards the ability to take a more expeditious approach against registered sex offenders who are in certain professions that involve close physical contact with consumers and require a professional license to operate.
Your Committee has amended this measure by:
(1) Clarifying that the revocation of license or denial of application to renew, restore, or reinstate a license is based on a conviction requiring registration as a sex offender; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1373, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1373, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
|
|
________________________________ KARL RHOADS, Chair |
|
|
|
|
STAND. COM. REP. NO. 443
Honolulu, Hawaii
RE: S.B. No. 1373
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1373 entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS,"
begs leave to report as follows:
The purpose and intent of this measure is to allow the Director of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate professional licenses of registered sex offenders.
Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Honolulu Police Department, Board of Dentistry, Board of Massage Therapy, Board of Physical Therapy, Board of Speech Pathology and Audiology, Hawaii Board of Chiropractic, Hawaii Medical Board, RAINN, and Kapiʻolani Sex Abuse Treatment Center.
Your Committee received comments on this measure from the Board of Acupuncture, Board of Barbering and Cosmetology, Board of Naturopathic Medicine, Board of Nursing, Board of Psychology, and Hawaii Board of Optometry.
Your Committee finds that existing laws do not facilitate the timely revocation of a license or denial of a renewal, restoration, or reinstatement of a license for certain professions when the licensee becomes, or is found to be, a registered sex offender. Unlike some states, Hawaii does not have a law that allows the Department of Commerce and Consumer Affairs' professional and vocational licensing boards, commissions, and programs to take a more expeditious approach against registered sex offenders who are in certain professions that involve close physical contact with consumers. Due to the nature of these professions, any delayed action in revoking a license and preventing further practice by a registered sex offender places consumers at an unnecessary risk. Your Committee finds that this measure would allow the Director of Commerce and Consumer Affairs and certain licensing boards to better protect consumers through swift action against individuals who have been convicted of certain crimes that require them to register as sex offenders.
Your Committee has amended this measure by:
(1) Inserting the proper name for the Hawaii Board of Optometry;
(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1373, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1373, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,
|
|
|
________________________________ JARRETT KEOHOKALOLE, Chair |
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|
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|
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Date
|
Testimony PDF
|
|---|---|
| Mar 25, 2025 | SB1373_HD1_TESTIMONY_JHA_03-25-25_.PDF |
| Mar 12, 2025 | SB1373_SD2_TESTIMONY_CPC_03-12-25_.PDF |
| Feb 20, 2025 | SB1373_SD1_TESTIMONY_JDC_02-21-25_.PDF |
| Feb 4, 2025 | SB1373_TESTIMONY_CPN_02-04-25_.PDF |
Discussed in Hearing
2MIN
House Floor
2MIN
Conference Committee
1MIN
Conference Committee
2MIN
Conference Committee
13MIN
House Standing Committee on Judiciary & Hawaiian Affairs
3MIN
House Standing Committee on Consumer Protection & Commerce
Bill Author
Bill Co-Author(s):