HAR Chapter 101 – Veterinarians

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 101
VETERINARIANS
Subchapter 1 	General Provisions
§16-101-1 	Objective
§16-101-2 	Definition of direct supervision
Subchapter 2 	Applications 	for 	Examination 	and 	License 	and 	for
Reexamination
§16-101-3 	Form and instructions
§16-101-4 	Application for examination and issuance of license
§16-101-5 	Validation of education
§16-101-6 	Validation 	of 	education 	of 	graduates 	of 	foreign 	colleges 	of
veterinary medicine
§16-101-7 	Validation of experience
§16-101-8 	Application for reexamination
Subchapter 3 	Demand for Hearing
§16-101-11 	Denial of application
§16-101-12 	Demand for hearing
§16-101-13 	Repealed
Subchapter 4 	Examinations
§16-101-16 	Required examination - passing score
§16-101-17 	Repealed
Subchapter 5 	Renewal of License
§16-101-21 	Renewal of license
101-1

§16-101-22 	Renewal of expired license
Subchapter 6 	Display 	of 	License, 	Notice 	of 	Change 	of 	Address 	or
Employment of Unlicensed Veterinarian
§16-101-25 	Display of license
§16-101-26 	Filing addresses
§16-101-27 	Requirement to give notice
Subchapter 7 	Temporary Permits
§16-101-29 	Repealed
§16-101-29.1 Eligibility
§16-101-30 	Conditions
Subchapter 8 	Professional Corporations
§16-101-31 	Approval of name
§16-101-32 	Restricted to licensee
§16-101-33 	Report of change
§16-101-34 	Annual report
§16-101-35 	Application form
§16-101-36 	Repealed
§16-101-37 	By-laws
§16-101-38 	Liability insurance
Subchapter 9 	Practice and Procedure
§16-101-42 	Administrative practice and procedure
Subchapter 10 	Oral Testimony
§16-101-43 	Oral testimony
SUBCHAPTER 1
GENERAL PROVISIONS
§16-101-1 	Objective. 	This chapter adopted by the board of veterinary
examiners, hereafter referred to as "board", is intended to clarify and implement
101-2

chapter 471, Hawaii Revised Statutes, to the end that the provisions thereunder
may be best effectuated and the public interest most effectively served. [Eff
7/28/67; am and ren §16-101-1, 6/22/81; am and comp 10/31/86] (Auth: 	HRS
§471-14) (Imp: 	HRS §471-14)
§16-101-2 Definition of direct supervision. For purposes of section 471-2,
HRS, and as used in this chapter, "direct supervision" means the licensed
veterinarian shall be in the same immediate building or complex as the unlicensed
veterinarian or other employees who are receiving the supervision, except for
emergency pet ambulance services in which direct supervision may be rendered
via telecommunications or two-way radio by a licensed veterinarian. [Eff 7/28/67;
am and ren §16-101-2, 6/22/81; am and comp 10/31/86] (Auth: 	HRS §471-14)
(Imp: 	HRS §471-14)
SUBCHAPTER 2
APPLICATIONS FOR EXAMINATION AND LICENSE
AND FOR REEXAMINATION
§16-101-3 	Form and instructions. 	An application filed with the board
shall be prepared in accord with and contain the information called for in the
application form provided by the board, or any instructions which may have been
issued by the board with respect to the filing of an application. The required fee
must accompany the application and shall not be refunded. [Eff 7/28/67; am and
ren §16-101-3, 6/22/81; comp 10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS
§471-8)
§16-101-4 	Application for examination and issuance of license. 	An
application 	for 	examination 	shall 	be 	filed 	at 	least 	sixty 	days 	before 	the
examination which is regularly conducted by the board twice each year and shall
be accompanied by the required fees which shall not be refunded. 	[Eff 7/28/67;
am and ren §16-101-4, 6/22/81; am and comp 10/31/86] (Auth: 	HRS §471-14)
(Imp: 	HRS §471-8)
§16-101-5 	Validation of education. 	An applicant who is a graduate of a
college of veterinary medicine accredited by the American Veterinary Medical
Association (AVMA) shall submit with the application a photostat or certified
101-3

copy of the diploma or certificate of graduation from the college. 	[Eff 7/28/67;
am and ren §16-101-5, 6/22/81; am and comp 10/31/86] (Auth: 	HRS §471-14)
(Imp: 	HRS §471-8)
§16-101-6 	Validation of education of graduates of foreign colleges of
veterinary medicine. 	An applicant who is a graduate of a foreign college of
veterinary medicine, other than a college of veterinary medicine accredited by the
AVMA, shall submit with the application proof of having successfully completed
the requirements established by the AVMA, Educational Commission for Foreign
Veterinary Graduates (ECFVG). [Eff and comp 10/31/86] (Auth: HRS §471-14)
(Imp: 	HRS §471-8)
§16-101-7 	Validation of experience. 	In lieu of the requirements of
sections 16-101-5 and 16-101-6, an applicant shall submit a statement signed by
an official of another state attesting that the applicant has actively practiced in that
state for ten out of twelve immediately preceding years, and that the license issued
to the applicant in that state is currently valid. 	The applicant shall also submit a
photostat or certified copy of the license and a copy of the law and rules currently
in effect in that state. 	[Eff 7/28/67; am and ren §16-101-6, 6/22/81; am, ren
§16-101-7, and comp 10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-8)
§16-101-8 	Application 	for 	reexamination. 	An 	application 	for
reexamination shall be filed at least sixty days before the examination date and
shall be accompanied by the required fees which shall not be refunded. 	[Eff
7/28/67; am and ren §16-101-7, 6/22/81; am, ren §16-101-8 and comp 10/31/86]
(Auth: 	HRS §471-14) (Imp: 	HRS §471-8)
SUBCHAPTER 3
DEMAND FOR HEARING
§16-101-11 	Denial of application. 	In the event an application for
examination and issuance of a license or for the reinstatement of an expired
license is denied, the board shall notify the applicant by letter of the board’s
action informing the applicant of the right to a hearing if so desired. [Eff 7/28/67;
am and ren §16-101-11, 6/22/81; am and comp 10/31/86] (Auth: HRS §471-14)
(Imp: 	HRS §471-11)
101-4

§16-101-12 	Demand for hearing. 	Any person whose application for a
license, permit, or certificate or whose application for examination and issuance
of a license or for reinstatement of an expired license has been denied by the
board shall be entitled to a hearing after notice, provided that a demand for
hearing relief pursuant to chapter 16-201, the rules of practice and procedure of
the department of commerce and consumer affairs, is filed with the board within
sixty days of the date of mailing of the letter informing the applicant of the denial
of the application. 	[Eff 7/28/67; am and ren §16-101-12, 6/22/81; am and comp
10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-11, Act 181 SLH 1986)
§16-101-13 	Repealed. 	[R 10/31/86]
SUBCHAPTER 4
EXAMINATIONS
§16-101-16 	Required examination - passing score. 	Each applicant shall
take and pass each part of an examination which shall be composed of the
following three parts:
(1) 	A national board examination (NBE);
(2) 	A clinical competency test (CCT); and
(3) 	A Hawaii state board examination which consists of those aspects
of veterinary medicine common to the State of Hawaii.
A candidate shall be assessed a fee for each part of the examination required by
the candidate. 	A grade of not less than seventy-five points (75.00) for each part
of the examination shall be a passing score. [Eff 7/28/67; am and ren §16-101-16,
6/22/81; am and comp 10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-8)
§16-101-17 	Repealed. 	[R 10/31/86]
SUBCHAPTER 5
RENEWAL OF LICENSE
101-5

§16-101-21 	Renewal of license. 	Renewal fees paid by mail shall be
considered as paid when due if the envelope bears a postmark of June 30 or
earlier. 	[Eff 7/28/67; am and ren §16-101-21, 6/22/81; comp 10/31/86] (Auth:
HRS §471-14) (Imp: 	HRS §471-9)
§16-101-22 Renewal of expired license. The holder of an expired license
may have the same reinstated within three years of the date of expiration upon due
application therefor and payment of all required fees. 	The holder of an expired
license may have the same reinstated after three years from the date of expiration
upon due application therefor and payment of all required fees, provided, the
applicant can establish to the satisfaction of the board that the applicant is
qualified to practice. [Eff 7/28/67; am and ren §16-101-22, 6/22/81; am and comp
10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-9)
SUBCHAPTER 6
DISPLAY OF LICENSE, NOTICE
OF CHANGE OF ADDRESS OR EMPLOYMENT
OF UNLICENSED VETERINARIAN
§16-101-25 	Display of license. 	The license, together with evidence of
current validation, shall be conspicuously displayed in the place of business and
evidence of current validation shall be in possession of the person to whom it was
issued at all times. 	[Eff 7/28/67; am and ren §16-101-25, 6/22/81; comp
10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-9)
§16-101-26 	Filing addresses. 	Each licensee shall file the licensee’s
mailing address with the board and shall immediately notify the board in writing
of any and all changes. 	[Eff 7/28/67; am and ren §16-101-26, 6/22/81; am and
comp 10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-9)
§16-101-27 	Requirement to give notice. 	All licensed veterinarians shall
notify the board by letter giving the name and qualifications of any graduates of
AVMA accredited colleges, foreign colleges of veterinary medicine, or persons
licensed as veterinarians in other jurisdictions, other than temporary permittees,
who are working under their direct supervision. Notification shall be given within
101-6

two weeks of employment. [Eff and comp 10/31/86] (Auth: HRS §471-14) (Imp:
HRS §471-2)
SUBCHAPTER 7
TEMPORARY PERMITS
§16-101-29 	Repealed. 	[R 10/31/86]
§16-101-29.1 Eligibility. Temporary permits shall be granted only to the
following applicants:
(1) 	Graduates 	of 	United 	States or 	foreign 	colleges 	of 	veterinary
medicine which have been accredited by the AVMA, who have
been accepted for the first Hawaii State board examination for
which they are eligible and have submitted:
(A) 	An application prescribed by the board and accompanied by
the required fees; and
(B) 	Verification of successful completion of the NBE and CCT;
and
(C) 	Verification of employment under a veterinarian licensed to
practice in Hawaii under whose supervision the temporary
permittee will be employed; or
(2) 	Graduates of foreign colleges of veterinary medicine who have
been accepted for the first Hawaii state board examination for
which they are eligible and have submitted:
(A) 	An application prescribed by the board and accompanied by
the required fees; and
(B) 	Verification 	of 	successful 	completion 	of 	requirements
established by the AVMA - ECFVG; and
(C) 	Verification of successful completion of the NBE and CCT;
and
(D) 	Verification of employment under a veterinarian licensed to
practice in Hawaii under whose supervision the temporary
permittee will be employed; or
(3) 	Veterinarians 	licensed 	by 	another 	state 	board 	of 	veterinary
medicine, 	who 	have 	filed 	for 	the 	first 	Hawaii 	state 	board
examination for which they are eligible and have submitted:
(A) 	An application prescribed by the board and accompanied by
the required fees; and
101-7

(B) 	Satisfactory evidence of a current license in another state;
and
(C) 	Evidence of applying for the next scheduled NBE and CCT
examinations as applicable; and
(D) 	Verification of employment under a veterinarian licensed to
practice in Hawaii under whose supervision the temporary
permittee will be employed. 	[Eff and comp 10/31/86]
(Auth: 	HRS §471-14) (Imp: 	HRS §471-2)
§16-101-30 Conditions. The temporary permit shall be issued subject to
the following conditions:
(1) 	The temporary permittee shall practice veterinary medicine only
under the supervision of a veterinarian licensed to practice in
Hawaii. 	At all times when the temporary permittee is engaged in
the practice of veterinarian medicine, the licensed veterinarian shall
be physically present on the same island as the temporary permittee
and must be available on a daily basis for consultation with the
permittee;
(2) 	Only one permit, which shall be nonrenewable, shall be issued to
an applicant;
(3) 	The temporary permit shall be valid until the results of the Hawaii
state 	board 	examination 	taken 	by 	the 	permittee 	are 	known;
provided, 	however, 	that 	failure 	of 	the 	NBE 	or 	CCT 	by 	a
veterinarian licensed by another state board, shall immediately
terminate the temporary permit; and
(4) 	In any event, no permit shall be valid for longer than eleven
months, 	unless 	it 	is 	extended 	because 	of 	cancellation 	or
postponement of an examination by the board. 	[Eff and comp
10/31/86] (Auth: 	HRS §471-14) (Imp: 	HRS §471-2)
SUBCHAPTER 8
PROFESSIONAL CORPORATIONS
101-8

§16-101-31 	Approval of name. 	All names of professional corporations,
including fictitious names, shall be approved by the board. 	[Eff 4/4/70; am and
ren §16-101-31, 6/22/81; am and comp 10/31/86] (Auth: 	HRS §§416-144,
416-150, 416-151) (Imp: 	HRS §416-149)
§16-101-32 Restricted to licensee. The name of a professional corporation
at the time of application, shall not contain the name of a person who is not
licensed by the board. 	It is not required that the name of a corporation be
changed as a result of the termination of association of a licensed person by death
or otherwise. 	[Eff 4/4/70; am and ren §16-101-32, 6/22/81; comp 10/31/86]
(Auth: 	HRS §416-144) (Imp: 	HRS §416-151)
§16-101-33 	Report of change. 	A professional corporation within thirty
days, shall report to the board in writing any change in directors, officers,
employees 	performing 	professional 	services, 	and 	share 	ownership, 	and
amendments to its articles of association and by-laws. 	[Eff 4/4/70; am and ren
§16-101-33, 6/22/81; am and comp 10/31/86] (Auth: HRS §§416-144, 416-151)
(Imp: 	HRS §416-147)
§16-101-34 Annual report. On or before December 31 of each year, every
professional corporation shall file an annual report, in a form provided by the
board, giving the name and address of the corporation, the names and addresses
of the corporation officers, directors, shareholders, and employees who will render
professional services. 	[Eff 4/4/70; am and ren §16-101-34, 6/22/81; comp
10/31/86] (Auth: 	HRS §§416-144, 416-150, 416-151) (Imp: 	HRS §416-147)
§16-101-35 	Application form. 	Application for license by a professional
corporation shall be filed in a form as provided for by the board. 	If the
corporation is duly organized and existing pursuant to chapter 416, HRS, and from
the application it appears that the requirements for registration have been met, the
board shall issue, upon payment of the registration fee, a certificate of registration.
[Eff 4/4/70; am and ren §16-101-35, 6/22/81; am and comp 10/31/86] (Auth:
HRS §§416-150, 416-151) (Imp: 	HRS §416-151)
§16-101-36 	Repealed. 	[R 10/31/86]
101-9

§16-101-37 	By-laws. 	The by-laws of a professional corporation shall
include a provision whereby the capital stock of the corporation owned by a
disqualified person, or a deceased person, shall be sold to the corporation or the
remaining shareholders of the corporation within the time provided in section
416-147, HRS. 	[Eff 4/4/70; am and ren §16-101-37, 6/22/81; comp 10/31/86]
(Auth: 	HRS §§416-144, 416-150, 416-151) (Imp: 	HRS §416-147)
§16-101-38 Liability insurance. A professional corporation, as a condition
of 	obtaining 	a 	certificate 	pursuant 	to 	chapter 	416, 	HRS, 	shall 	provide 	a
$100,000/$300,000 professional liability insurance for claims against it by its
patients or clients arising out of the rendering of professional services. 	[Eff
4/4/70; am and ren §16-101-38, 6/22/81; comp 10/31/86] (Auth: HRS §§416-144,
416-150, 416-151) (Imp: 	HRS §416-153)
SUBCHAPTER 9
PRACTICE AND PROCEDURE
§16-101-42 Administrative practice and procedure. The rules of practice
and procedure for veterinarians shall be as provided in chapter 16-201, the rules
of practice and procedure of the department of commerce and consumer affairs
which are incorporated by reference and made a part of this chapter. 	[Eff and
comp 10/31/86] (Auth: 	HRS 	§§91-1, 471-14) (Imp: 	HRS §§91-2, 471-11)
SUBCHAPTER 10
ORAL TESTIMONY
§16-101-43 Oral testimony. (a) The board shall accept oral testimony on
any item which is on the board’s agenda, provided that the testimony shall be
subject to the following conditions:
(1) 	Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at
that time shall state the item on which testimony is to be presented;
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
101-10

(3) 	The board may rearrange the items on the agenda for the purpose
of providing for the most efficient and convenient presentation of
oral testimony;
(4) 	Persons presenting oral testimony shall identify themselves and the
organization, if any, that they represent at the beginning of the
testimony;
(5) 	The board may limit oral testimony to a specified time period but
in no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive
any oral or documentary evidence from a person on any matter which is the
subject of another proceeding pending subject to the hearings relief, declaratory
relief, or rule relief provisions of chapter 16-201.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board’s agenda. 	[Eff
and comp 10/31/86] (Auth: 	HRS §§92-3, 471-14) (Imp: 	HRS §92-3)
101-11

Amendments to and compilation of chapter 16-101, and repeal of chapter
16-166, 	Hawaii 	Administrative 	Rules, 	on 	the 	Summary 	page 	dated
September 26, 1986, were adopted on September 26, 1986, following a public
hearing held on September 26, 1986, after public notice was given in the Honolulu
Star-Bulletin and Honolulu Advertiser on August 31, 1986.
They shall take effect ten days after filing with the Office of the Lieutenant
Governor.
/s/ David Mackay
DAVID MACKAY, Chairman
Board of Veterinary Examiners
APPROVED AS TO FORM: 	Date: 	10/14/86
/s/ Susan Tamura Sato
Deputy Attorney General
APPROVED: 	Date 10/15/86
/s/ Russel S. Nagata
RUSSEL S. NAGATA
Director of Commerce and Consumer Affairs
APPROVED: 	Date 10/20/86
/s/ George R. Ariyoshi
GEORGE R. ARIYOSHI
Governor of Hawaii
Filed
101-12

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendments and Compilation of Chapter 16-101
and Repeal of Chapter 16-166
Hawaii Administrative Rules
September 26, 1986
SUMMARY
1. 	Title amended.
2. 	§§16-101-1 and 16-101-2 are amended.
3. 	§§16-101-4 and 16-101-5 are amended.
4. 	§16-101-6 is added.
5. 	§§16-101-7 and 16-101-8 are amended.
6. 	§§16-101-11 and 16-101-12 are amended.
7. 	§16-101-13 is repealed.
8. 	§16-101-16 is amended.
9. 	§16-101-17 is repealed.
10. 	§16-101-22 is amended.
11. 	§16-101-26 is amended.
12. 	§16-101-27 is added.
13. 	§16-101-29 is repealed.
14. 	§§16-101-29.1 and 16-101-30 are added.
15. 	§16-101-31 is amended.
16. 	§16-101-33 is amended.
17. 	§16-101-35 is amended.
18. 	§16-101-36 is repealed.
19. 	§§16-101-42 and 16-101-43 are added.
20. 	Chapter 101 is compiled.
21. 	Chapter 16-166 is repealed.