Hawaii Revised Statutes, Chapter 448F — Electrologists

Division 2. Business — Title 25. 25a

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 2 Business

Title 25 25a

Chapter 448F Electrologists

§448F-1 Purpose

[§448F-1] Purpose. The purpose of this chapter is the protection of public health and safety through the licensing and regulation of electrologists.

[L 1990, c 285, pt of §1]

§448F-2 Definitions

[§448F-2] Definitions. As used in this chapter:

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Electrologist" means any person who removes hair from the human body using a needle inserted in the hair follicle and uses direct electric current or shortwave alternating current to destroy the follicle but does not include any hair removal system that does not penetrate the skin.

[L 1990, c 285, pt of §1]

§448F-3 License required

[§448F-3] License required. Except as otherwise provided by law, no person shall practice the occupation of electrologist in this State either gratuitously or for pay, or shall announce oneself either publicly or privately as prepared or qualified to practice this occupation without having a license issued by the department pursuant to this chapter.

[L 1990, c 285, pt of §1]

§448F-4 Regulation of electrologists

(a) In addition to any other powers and duties authorized by law, the department pursuant to chapter 91, may adopt rules as it deems necessary for the public health or safety relating to, but not limited to:

(1) The education, training, experience or qualifications required to obtain a license under this chapter;

(2) The practices, standards, or conduct of persons holding a license under this chapter; and

(3) The use of anesthetic injections, topical anesthetics, other medications, and prescription drugs.

(b) The department shall receive the assistance of the department of health in formulating rules relating to subsection(a)(3). All matters relating to the establishment and enforcement of sanitation requirements shall be under the jurisdiction of the department of health.

[L 1990, c 285, pt of §1; am L 1992, c 202, §83]

§448F-5 Examination, fees required

[§448F-5] Examination, fees required. (a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score. No license shall be issued unless all fees required by the director have been paid.

(b) The department may contract with a professional testing service to prepare, administer, and grade the examination for licensure as an electrologist. For these purposes, the department may require applicants to pay the examination fee directly to the testing service.

[L 1990, c 285, pt of §1]

§448F-6Denial of licensure

No applicant shall be licensed as an electrologist if:

(1) The applicant has been convicted of a crime and the basis of denial of licensure falls within the exceptions provided in section 831-3.1;

(2) The applicant has been declared mentally incompetent by any court and the decree has not since been dismissed; or

(3) Proceedings brought against the applicant pursuant to this section resulted in findings of any of the causes listed in section 448F-7(b).

[L 1990, c 285, pt of §1; am L 1992, c 202, §84]

§448F-7Refusal to permit examination or issue license; discipline; complaints; grounds; proceedings; hearings

(a) In addition to any other actions authorized by law, the director shall have the power to refuse to admit persons to its examinations or to issue or to renew a license, to revoke, limit, condition, or suspend a license as an electrologist and to fine or otherwise discipline a licensed electrologist for any cause authorized by law, including but not limited to any violation of subsection (b).

(b) The department shall have the power to accept, investigate, prosecute, and hear complaints regarding any person, who is a licensed electrologist regarding any ground for disciplinary actions authorized by law, including but not limited to the following:

(1) Unfitness or incompetence by reason of negligence, habits, or other causes regardless of whether actual damage or damage to the public is established;

(2) Habitual intemperance, addiction, or dependency on alcohol or other habit-forming substances;

(3) Mental incompetence resulting in an inability to practice as an electrologist;

(4) Submitting to or filing with the department any application, notice, statement, or other document in procuring or attempting to procure licensure as an electrologist, which is false or untrue or contains any material misstatement of fact;

(5) Using the title, licensed electrologist, or any designation tending to imply that the person is a licensed electrologist when the person is not in fact licensed or the person's license has been suspended or revoked;

(6) Violating conditions or limitations upon which licensure is granted;

(7) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm an individual or the public in the course of professional services or activities;

(8) Having disciplinary action taken against the electrologist in another state;

(9) Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this chapter;

(10) Engaging in false or misleading advertising;

(11) Engaging in sexual conduct in connection with professional services or activities; or

(12) Violating chapter 321 relating to the department of health, or any rule adopted thereto.

[L 1990, c 285, pt of §1; am L 1992, c 202, §85]

§448F-7.5 Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a 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 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 director 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 director 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 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.

[L 2025, c 273, §8]

§448F-8 Penalties

(a) Any person against whom proceedings have been brought pursuant to section 448F-7 which resulted in findings of any of the causes listed in section 448F-7(b) may be assessed a fine of not less than $100 nor more than $5,000 for each offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) The director may bring a civil action to enjoin any person for violation of section 448F-7.

[L 1990, c 285, pt of §1]

§448F-9 Biennial renewal; failure to renew

The biennial renewal fee shall be paid to the department of commerce and consumer affairs on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before such date shall constitute a forfeiture of the license.

[L 1990, c 285, pt of §1]

§448F-10 Repealed

[Repealed]

[L 1992, c 202, §205]

§448F-11 License without necessity of examination

All persons holding valid licenses as electrologists from the department of health and practicing on the day prior to June 25, 1990, shall be considered licensed under this chapter on June 25, 1990, without necessity of examination.

[L 1990, c 285, pt of §1]