(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore and may deny, revoke, suspend, or condition in any manner any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:

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Terms Used In Hawaii Revised Statutes 465D-11

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
(1) Failure to meet or to maintain the conditions and requirements necessary to qualify for the granting of a license;
(2) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements in advertising;
(3) Engaging in the practice of applied behavior analysis while impaired by alcohol, drugs, physical disability, or mental instability;
(4) Procuring through fraud, misrepresentation, or deceit a license to engage in the practice of applied behavior analysis;
(5) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license for the practice of applied behavior analysis;
(6) Engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of applied behavior analysis;
(7) Engaging in conduct or a practice contrary to recognized standards of the most recent ethical guidelines for the practice of applied behavior analysis as adopted by the Behavior Analyst Certification Board;
(8) Violating any condition or limitation imposed by the director on a license to practice applied behavior analysis;
(9) Engaging in the practice of applied behavior analysis in a manner that causes injury to one or more members of the public;
(10) Failing to comply with, observe, or adhere to any law in a manner that causes the director to determine that the applicant or holder is unfit to hold a license;
(11) Having a license revoked or suspended or other disciplinary action by any state or federal agency for any reason that is provided by the applicable licensing laws or by this section;
(12) Having been convicted or pleaded nolo contendere to a crime directly related to the qualifications, functions, or duties of the practice of applied behavior analysis;
(13) Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;
(14) Failing to report in writing to the director the Behavior Analyst Certification Board’s revocation of the certification of a licensee or applicant within fifteen days of the revocation;
(15) Employing, whether gratuitously or for pay, any person not licensed pursuant to this chapter to perform the functions or duties of the practice of applied behavior analysis; or
(16) Violating this chapter, chapter 436B, or any rule or order of the director.
(b) Any licensee or applicant who violates this section may also be fined not more than $1,000 per violation.

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