Haw. Code R. § 11-110.1-34 - Revocation, suspension, limitation, or denial of a clinical laboratory personnel license
(a) A clinical
laboratory personnel license may be revoked, suspended, limited, or denied for
one or more of the following reasons:
(1) A
false statement or material omission made on an application for licensure or
license renewal or on any other document submitted to the department;
(2) False reporting or knowingly permitting
false reporting of test results;
(3) Conviction, whether by nolo contendere or
otherwise, of a felony or any penal offense substantially related to the
qualifications, functions, or duties of clinical laboratory personnel under the
laws of any state of the United States or of the federal government. The record
of conviction or a certified copy thereof shall be conclusive evidence of such
conviction;
(4) Allowing
unauthorized persons or unqualified persons to perform technical laboratory
procedures or to issue or to sign reports;
(5) Excessive number of errors in the results
of tests performed, supervised, or directed by the licensee;
(6) Performing a test and rendering a report
thereon to a person who is not an authorized person;
(7) Any conduct that poses an immediate and
serious threat to patient health and safety, including performing or
supervising laboratory tests which the licensee is unqualified to supervise or
to perform;
(8) Being habituated to
the excessive use of drugs or alcohol; or being addicted to, dependent on, or a
habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other
drug having similar effects;
(9)
Practicing in a clinical laboratory while the ability to practice is impaired
by alcohol, drugs, or mental instability;
(10) Violation of Child Support Enforcement,
chapter
576D, HRS; or
(11) Revocation, suspension, or any other
disciplinary action by another state of a license or certificate for reasons as
provided in this subsection or any disciplinary action of a practice privilege
by any agency of the United States.
(b) The director of health may summarily
suspend a person's clinical laboratory personnel license for a period not to
exceed thirty working days for the following conditions:
(1) Pending the final determination of
charges against the licensee that there has been an error in the results of
tests performed by the licensee or under the supervision of the licensee to
such a degree that the director of health finds it poses an imminent and
substantial danger to the health or life of a patient or members of the public;
or
(2) When the conduct of the
licensee poses an imminent and substantial danger to the health or life of a
patient or the public.
(c) A clinical laboratory personnel license
shall be suspended or denied whenever the Child Support Enforcement Agency
issues a certification of noncompliance for license suspension or denial
pursuant to section
576D-13,
HRS. The clinical laboratory personnel license shall be restored or may be
granted after the Child Support Enforcement Agency issues an authorization to
release license suspension or denial.
(d) A clinical laboratory personnel license
shall not be renewed or reinstated and shall be denied or suspended when the
department receives certification pursuant to chapter 436C, HRS.
(e) An applicant whose clinical
laboratory-personnel license is revoked, suspended, limited, or denied shall be
entitled to an administrative hearing pursuant to chapter 91, HRS.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.