HB1054 • 2026

RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The bill does not specify what happens if the conviction is overturned on appeal. This detail was removed as it is speculative and unsupported by the official source material.

Automatic License Revocation for Registered Sex Offenders

This bill allows certain state agencies to automatically revoke and deny renewal, restoration, or reinstatement of professional licenses for registered sex offenders.

What This Bill Does

Authorizes the Department of Commerce and Consumer Affairs and licensing boards to automatically revoke a license if someone is required to register as a sex offender under Hawaii law.
Requires these agencies to also deny renewal, restoration, or reinstatement of a license for registered sex offenders.
Notifies the licensee within ten days of revocation or denial and allows them to request a hearing within ten days after receiving notice.
Makes any final disciplinary action public record.

Who It Names or Affects

Registered sex offenders who hold professional licenses in Hawaii.
State agencies and licensing boards responsible for issuing and managing these licenses.

Terms To Know

registered sex offender: A person required by law to register with the government because they have been convicted of a sexual offense.
disciplinary action: Action taken against someone who violates rules or laws, such as revoking their license.

Limits and Unknowns

The bill does not specify what happens if the conviction is overturned on appeal.
It is unclear how this will affect people's rights to due process and fair hearings.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment allows certain licensing boards to automatically revoke or deny renewal, restoration, or reinstatement of licenses for individuals who are registered sex offenders.

Authorizes specific professional licensing boards to automatically revoke or deny the renewal, restoration, or reinstatement of a license if an individual is required to register as a sex offender.
Establishes conditions under which disciplinary actions can be taken against licensed professionals who are registered sex offenders.
Requires that any final order resulting from such disciplinary action must be made public.

The exact sections of Hawaii Revised Statutes where the new provisions will be added are not specified in this amendment text, making it unclear exactly which parts of existing law will be modified.
Details about how the licensing boards will implement these changes and additional procedural specifics are not provided.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-12 H
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, Sayama, Ward excused (3).
2025-02-12 H
Reported from CPC (Stand. Com. Rep. No. 530) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-02-04 H
The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Marten, Tam, Pierick; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 2 Excused: Representative(s) Kong, Lowen.
2025-01-31 H
Bill scheduled to be heard by CPC on Tuesday, 02-04-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.
2025-01-23 H
Referred to CPC, JHA, referral sheet 3
2025-01-23 H
Introduced and Pass First Reading.
2025-01-21 H
Pending introduction.

Official Summary Text

RELATING TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS.
DCCA; Registered Sex Offenders; Professional Licenses, Registrations, and Certifications; Automatic Revocation; Denial of Application to Renew, Restore, or Reinstate
Authorizes the Department of Commerce and Consumer Affairs and certain licensing boards to automatically revoke and refuse to renew, restore, or reinstate the professional licenses, registrations, or certifications of registered sex offenders. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1054

HOUSE OF REPRESENTATIVES

H.B. NO.

1054

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO ADMINISTRATIVE LICENSURE ACTIONS AGAINST SEX OFFENDERS
.

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

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

����
Accordingly,
the purposes of this Act are to:

����
(1)
�
Authorize the board of acupuncture,
athletic trainer program, board of barbering and cosmetology, state board of
chiropractic, board of dental examiners,
�

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

����
(2)
�
Establish conditions for the
disciplinary action; and

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

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

����
"
�436E-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

����
(d)

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

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

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

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

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

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

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

����
"
�436H-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

����
(e)
�
If the related
conviction of the license holder is overturned upon appeal, the revocation or
denial ordered pursuant to this section shall automatically cease.
�
Nothing in this subsection shall prohibit the
program

from pursuing disciplinary action based on any cause other than the overturned
conviction.

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

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

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

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

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

����
"
�439A-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�442-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�447-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�448-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�448F-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�451A-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�451J-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�452-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�453-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�453D-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�455-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�457-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�457A-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�457B-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�457G-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�457J-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�458-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�459-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�461-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�461J-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�463E-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�465-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�465D-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�466D-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�467E-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the director shall automatically revoke a license or
deny an application to renew, restore, or reinstate a license under either of
the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
"
�468E-
��
��
Revocation
of license or denial of application to renew, restore, or reinstate a license based
on conviction as a registered sex offender; conditions.

�
(a)
�
Notwithstanding
any law to the contrary, the board shall automatically revoke a license or deny
an application to renew, restore, or reinstate a license under either of the
following circumstances:

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

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

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

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

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

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

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

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

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

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

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

����
SECTION 31.
�
New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

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.