SB2272 SD1.DOC

SECTION 1. The legislature finds that many professions licensed in the state, including physicians, optometrists, and real estate salespersons, require the completion of continuing education courses as a pre-requisite to license renewal. Consequently, the legislature recognizes that in order to maintain the highest level of competency of nurses practicing in the state, it is necessary to include a continuing education component to nurse licensure requirements as well.

SECTION 2. Section 457-9, Hawaii Revised Statutes, is amended to read as follows:

"§457-9 Renewal of license; denial, suspension, or revocation of license for default of student loan, student loan repayment contract, or scholarship contract; inactivation and reactivation of license; restoration of forfeited license. (a) The license of every person licensed for, recognized as having, or granted prescriptive authority shall expire on June 30 of every odd-numbered year and shall be renewed biennially, except as provided in this section. Biennially in each odd-numbered year, the board shall make available an application for renewal of license before the deadline set forth by the board to every person to whom a license was issued or renewed during the biennium. The applicant shall complete the application and submit it to the board with a renewal fee and all required documents on or before the deadline set by the board. The applicant shall provide documents from proper agencies or parties of any criminal conviction or any disciplinary action taken or pending in this State or any other state in the United States or any territory or possession under the jurisdiction of the United States within the two years prior to [~~application~~] applying for renewal of license. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the biennium expiring two years hence on the deadline set by the board. The renewal shall render the holder thereof a legal practitioner of nursing for the period stated on the renewal form.

(b) The applicant shall also provide the board with proof of having attended fifteen hours of continuing education, or its equivalent as determined by the board, during the two-year period prior to applying for renewal. Failure to satisfy the continuing education requirement by the license expiration date shall result in the license being automatically placed on inactive status. The board shall have the authority to grant an extension for the continuing education requirement upon a showing of good cause.

[~~(b)~~] (c) Any licensee who fails to renew a license as provided in [~~subsection~~] subsections (a) and (b) 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 within two years after the date of forfeiture upon compliance with the licensing renewal fees, penalty fees, and compliance resolution fund fees.

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 fees and application form as provided in subsection (a). A nurse who has not actively practiced in this State or 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)~~] (d) Notwithstanding any provision in this chapter to the contrary, the board shall not renew or reinstate, or shall deny, 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:

(1) Suspend the license;

(2) Deny the application or request for renewal of the license; or

(3) Deny the request for reinstatement of the license,

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

SECTION 3. Notwithstanding the continuing education requirement in section 457-9(b), Hawaii Revised Statutes, any licensee under section 457-9, Hawaii Revised Statutes, whose license must be renewed on or before June 30, 2011, shall have until December 31, 2011, to comply with the continuing education requirements of section 457-9(b), Hawaii Revised Statutes; provided that the state board of nursing may grant an extension upon a showing of good cause. The licensee's license shall remain valid during such time; provided that all other renewal requirements have been satisfied.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on June 30, 2013.

THE SENATE	S.B. NO.	2272
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII