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chapter-458•Hawaii Revised Statutes, Chapter 458 — Opticians, Dispensing
chapter-458Haw. Rev. Stat. ch. 458Code1 janv. 1949
Division 2. Business — Title 25. 25a
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
An individual is deemed to be engaged in the occupation of dispensing optician when the individual prepares and dispenses lenses, spectacles, eyeglasses, or appurtenances thereto to the intended wearer thereof on written prescription from physicians or optometrists duly licensed to practice their professions, and in accordance with the prescriptions interprets, measures, adapts, fits, and adjusts the lenses, spectacles, eyeglasses, or appurtenances thereto to the human face based on the prescription or for the aid or correction of visual or ocular anomalies of the human eyes, or when the individual offers to sell or sells non-corrective contact lenses.
[L 1949, c 183, pt of §1; RL 1955, §69-1; HRS §458-1; am L 1981, c 86, §1; am L 1984, c 202, §1; am L 1997, c 301, §3; am L 2008, c 63, §1]
[Repealed]
[L 1997, c 301, §11]
In addition to any other powers and duties authorized by law, the director of commerce and consumer affairs, subject to chapter 91, may adopt, amend, and repeal rules for the administration of this chapter.
The director shall appoint an advisory committee to serve as experts to the department in licensing matters.
[L 1949, c 183, pt of §1; RL 1955, §69-3; am L Sp 1959 2d, c 1, §§6, 15; am L 1963, c 114, §3; am L 1965, c 96, §49; HRS §458-3; am L 1983, c 71, §1; am L 1985, c 255, §6; am L 1987, c 300, §3; am L 1992, c 202, §116; am L 1997, c 301, §4]
L 1987, c 300, §§4 to 6.
(a) An individual shall be licensed as a dispensing optician to engage in the occupation of dispensing optician.
(b) The applicant shall provide evidence of having:
(1) The equivalent of a high school education and two years of opticianry work experience as required by administrative rules;
(2) Graduation from an opticianry course accredited by the Commission on Opticianry Accreditation; or
(3) A current and valid license as a dispensing optician in another state or territory of the United States and passage of the national examinations specified in subsection (c).
The applicant shall submit to the director an application for a license on a form prescribed by the director, which shall include the applicant's experience and signature, and an application fee.
(c) The applicant shall provide evidence of having passed the following examinations:
(1) The National Opticianry Competency Examination;
(2) The National Contact Lens Registry Examination; and
(3) A nationally standardized practical examination may be required by the director as a prerequisite for dispensing optician licensure.
Any applicant who has previously passed both the National Opticianry Competency Examination and the National Contact Lens Registry Examination in a state or territory of the United States shall not be required to retake these examinations provided that the applicant's passing scores have been certified.
[L 1987, c 300, §7; am L 1992, c 155, §1 and c 202, §117; am L 1997, c 301, §5]
L 1997, c 301, §§12, 13.
[§458-6.9] Dispensing optician identification tags. Each licensed dispensing optician may wear an identification tag for the purpose of identifying to the customer that the person is a licensed dispensing optician.
[L 1997, c 301, §1]
[Repealed]
[L 1997, c 301, §14]
(a) A license issued under this chapter, unless sooner suspended or revoked, shall expire on July 1 of each even-numbered year, but may be biennially renewed by the license holder in good standing upon the payment of a biennial renewal fee. Failure to pay the biennial fee shall constitute a forfeiture of the license as of the date of expiration.
(b) The holder of an expired license may have the same restored within one year of the date of expiration upon due application therefor and payment of the delinquent fees and a penalty fee. A person whose license has been forfeited and who fails to restore the license as provided in this section shall apply as a new applicant.
[L 1949, c 183, pt of §1; am L 1955, c 113, §1; RL 1955, §69-8; am L 1961, c 142, §6; HRS §458-8; am L 1975, c 118, §21; am L 1984, c 7, §52; am L 1987, c 300, §10; am L 1997, c 301, §6]
In addition to any other actions authorized by law, the director, in conformity with chapter 91, may revoke or suspend any license issued under this chapter for any cause authorized by law, including but not limited to fraud or dishonesty in obtaining the license, for dishonesty, fraud, gross negligence, or incompetency in the occupation of dispensing optician, or for violation of this chapter.
[L 1949, c 183, pt of §1; RL 1955, §69-9; HRS §458-9; am L 1987, c 300, §11; am L 1992, c 202, §118; am L 1997, c 301, §7]
(a) Notwithstanding any law to the contrary, the director of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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 of commerce and consumer affairs 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, §20]
In all proceedings before the director, the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, and the production of documentary evidence, as are possessed by circuit courts. In case of disobedience by any person or persons of any order of the director or any subpoena issued by the director or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge on application by the director shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from a circuit court or a refusal to testify therein.
[L 1949, c 183, pt of §1; RL 1955, §69-10; am L 1965, c 96, §50; HRS §458-10; am L 1973, c 31, pt of §21; gen ch 1985; am L 1992, c 202, §119; am L 1997, c 301, §8]
The director may reinstate without examination the license of any dispensing optician issued under this chapter which has been revoked or may modify the suspension of any such license which has been suspended.
[L 1949, c 183, pt of §1; RL 1955, §69-11; HRS §458-11; am L 1987, c 300, §12; am L 1992, c 202, §120; am L 1997, c 301, §9]
[Repealed]
[L 1992, c 202, §219]
[Repealed]
[L 1997, c 301, §15]
It shall be unlawful to do any of the following:
(1) To engage in the occupation of dispensing optician without first having been issued a dispensing optician license under this chapter;
(2) To advertise in any manner that would tend to mislead or deceive the public;
(3) To dispense, furnish, or supply the services and appliances to the intended wearer or user thereof, except upon a prescription issued by a licensed physician or optometrist; provided that duplications, replacements, reproductions, and repetitions without change in the refractive value may be done without prescription by individuals holding a license of dispensing optician issued under this chapter;
(4) To fit or duplicate, or offer, undertake, or attempt to fit or duplicate, hard and soft contact lenses or artificial eyes except under the written orders and personal supervision of an ophthalmologist or optometrist;
(5) For a dispensing optician to grant, allow, credit, or pay, directly or indirectly, openly or secretly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, to any oculist, optometrist, physician, or practitioner of any other profession for or on account of:
(A) The referring or sending by any oculist, optometrist, physician, or practitioner to the dispensing optician of any person for the rendition of any of the services performed or articles or appliances furnished by a dispensing optician as described in section 458-1; or
(B) The rendition of any services or the furnishing of any articles or appliances to a person so referred or sent by any oculist, optometrist, physician, or practitioner.
Every scheme, agreement, undertaking, arrangement, or device shall also be deemed in violation of section 481-7. The license of every dispensing optician who violates this paragraph shall be revoked; or
(6) For a dispensing optician to permit any unlicensed person to take facial measurements or to fit or adjust lenses or frames or duplicate frames unless the unlicensed person is acting under the direct personal supervision of a licensed dispensing optician. "Direct personal supervision" means the licensed optician is present on the premises of the optical dispensing establishment and is available for consultation by the unlicensed person.
[L 1949, c 183, pt of §1; RL 1955, §69-13; am L 1963, c 38, §1; HRS §458-13; am L 1979, c 163, §1; am L 1981, c 86, §7; am L 1984, c 202, §4; am L 1987, c 300, §15; am L 1997, c 301, §10; am L 2021, c 230, §17]
(a) Nothing in this chapter applies to any physician, optometrist, or ophthalmologist licensed under the laws of the State, nor shall anything in this chapter prohibit the sale of glasses, sun glasses, colored glasses, or eye devices if they do not have refractive values and are not contact lenses.
(b) Nothing in this chapter shall be construed to prohibit a certified ocularist who is certified by the American Board of Ocularistry, the National Examining Board of Ocularists, or any other nationally recognized ocularistry certifying board from performing within the scope of such certification; provided that the ocularist performs only those functions dealing with the designing, fitting, and fabricating of artificial eyes, and not contact lenses of refractive value, and is under the supervision of a licensed ophthalmologist or optometrist. The ocularist shall inform the director in writing of the name of the supervising ophthalmologist or optometrist.
[L 1949, c 183, pt of §1; RL 1955, §69-14; HRS §458-14; am L 1988, c 198, §1; am L 2008, c 63, §2; am L 2019, c 242, §2]
Any person who violates this chapter shall be fined not more than $500, or imprisoned not more than one year, or both.
[L 1949, c 183, pt of §1; RL 1955, §69-15; HRS §458-15]
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