Provides for the automatic forfeiture of a license that is not timely renewed. Provides for an inactive license status. Imposes a 2 year restoration period for forfeited (non-renewal) licenses. Adds continuing education as an alternative proof of continuing competence for nurses who wish to activate their licenses after not having practiced nursing in the US for more than 5 years.

A BILL FOR AN ACT

SECTION 1. Section 457-9, Hawaii Revised Statutes, is amended to read as follows:

(b) Any licensee who fails to renew a license as provided in subsection (a) but continues to practice shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter[;]. The failure to timely renew a license, the failure to pay all applicable fees, the dishonoring of any check upon first deposit, or the failure to comply with any other requirement provided by law shall cause the license to be automatically forfeited; provided that the person's license may be restored by the board [on satisfactory explanation of the failure to renew and on payment of the renewal fee and a penalty fee.] within two years after the date of forfeiture upon compliance with the licensing renewal requirements provided by law and upon written application and payment of all applicable renewal fees, penalty fees, compliance resolution fund fees and, if applicable, recovery fund assessments.

A nurse who does not intend to practice nursing in the state and elects to be placed on inactive status shall so indicate in writing during the license renewal period or by so indicating on the license renewal application, and paying inactivation and all appropriate fees. Should the nurse wish to resume nursing at some future time, the nurse shall notify the board in writing and remit the reactivation and renewal [fee] fees and application form as provided in subsection (a). A nurse who has not actively practiced in this [State or] state, any other state in the United States, or any territory or possession under the jurisdiction of the United States for more than five years may be required by the board to submit proof of continued competency by retaking and passing the licensing examination[.] or successfully completing appropriate continuing education recognized by the board.

(c) Notwithstanding any provision in this chapter to the contrary, the board shall not renew or reinstate, or shall deny [or], suspend, or revoke any license or application if the board has received certification from an administering entity pursuant to chapter 436C that the licensee or applicant is in default or breach of any obligation under any student loan, student loan repayment contract, or scholarship contract that financed the licensee's or applicant's education, or has failed to comply with a repayment plan.

The board, in receipt of a certification pursuant to chapter 436C, as applicable, and without further review or hearing, shall:

and unless otherwise provided by law, shall renew, reinstate, or grant the license only upon receipt of an authorization from the administering entity."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval; provided that the portion of section 1, that relates to continuing education as alternative proof of continuing competency of nurses, shall not take effect until the board of nursing adopts rules in accordance with chapters 91 and 457, Hawaii Revised Statutes.