Licensing as a nurse in Hawaii, when you already hold a nursing license from a Nurse Licensure Compact state, isn't as easy as it would be if Hawaii participated in the Compact. Hawaii is not a Nurse Licensure Compact state. The same is true if you are trying to use your Hawaii nursing license to obtain a new nursing license by endorsement in another state. You need a nursing license from your state of nursing practice. You cannot practice without a license from your practice state. The Lento Law Firm's premier Professional License Defense Team is available across Hawaii and nationwide to help you resolve your nurse licensure by endorsement issues, to get a second or subsequent nursing license that you need. Call 888.535.3686 or complete this contact form now to retain our highly qualified attorneys.
Benefits of the Nurse Licensure Compact
The whole purpose of the Nurse Licensure Compact is to make it easier and quicker for you to obtain a second or subsequent license. The movement of nurses from state to state certainly helps the nurses remain actively and beneficially employed. Nurses, like other professionals, must move at times or may greatly benefit from moving. Yet efficient nurse movement across state lines for nursing practice also benefits patients and the public, making skilled, necessary, and compassionate nursing services more widely available. Without the streamlined procedures of the Nurse Licensure Compact for licensing in a second or subsequent Compact state, you might have to repeat the National Council Licensure Exam (NCLEX) or another licensing exam, prove again that you meet educational requirements, satisfy again clinical practice requirements, or face other substantial delays and expenses. Let us help if you already face licensure by endorsement issues because Hawaii does not participate in the Nurse Licensure Compact.
Hawaii Pending Nurse Licensure Compact Bills
It may come too late to help you, if it comes at all, but Hawaii does have bills pending in both its state house and state senate to join the Nurse Licensure Compact. To join the Nurse Licensure Compact, a state must amend its nurse practice act to include the Compact's substantive and procedural requirements. Hawaii House Bill HB667, having thirteen co-sponsors and referred to three committees, and Hawaii Senate Bill SB670, having eight co-sponsors and referred to two committees, would qualify Hawaii for Nurse Licensure Compact participation. The bills, introduced in early 2023, require committee approval, passage in both houses, and governor's signature or veto override before taking effect. If one of the bills makes its way into law, implementation of its measures may take additional months or years. Don't wait for uncertain passage and implementation of Hawaii Nurse Licensure Compact legislation. Instead, let us help you resolve your current licensure by endorsement issues so that you can practice in Hawaii now or in another state under a new license based on your Hawaii license.
Hawaii Nurse Licensure Requirements
Hawaii's Professional & Vocational Licensing Division of the state's Department of Commerce and Consumer Affairs licenses nurses under the authority of Hawaii's general nursing law, according to administrative rules the state's Board of Nursing has adopted. Section 457-1 of the Hawaii nursing laws requires every nurse desiring to practice in the state to apply to the Board of Nursing and obtain a license, making it unlawful to practice without a license, whether a licensed practical nurse (LPN), registered nurse (RN), or advanced practice registered nurse (APRN). You must not practice in Hawaii without a Hawaii nursing license. You cannot simply take your nursing license from another state as sufficient to practice nursing in Hawaii. Hawaii Statutes Section 457.14 makes it a criminal misdemeanor offense punishable by fines and incarceration to practice nursing in the state without a Hawaii nursing license. Section 457-7 states the RN licensure requirements, including meeting the Board of Nursing's education and examination requirements. Section 457-8 states the LPN licensure requirements, while Section 457-8.5 states the APRN licensure requirements. Board of Nursing administrative rules add background checks and other requirements. Let us help you resolve your issues with those requirements.
Licensure in Other States
The requirements you must meet to practice in another state based on your Hawaii nursing license will be similar. You cannot simply take your Hawaii nursing license to another state to practice there, without first applying to that state's nursing board for a license in that state and meeting the state board's licensure requirements. Licensure is state-by-state, not national, and not automatic. State nursing practice acts require your application in each state in which you wish to practice. State nursing practice acts can differ in their education, examination, clinical practice, and other training and background requirements.
Licensure in Hawaii Based on Endorsement
Hawaii's nursing laws provide not only for initial licensure by examination, as the laws call it if you hold no other nursing license already, but also for licensure by endorsement after you have obtained a nursing license from another state or qualifying jurisdiction. Hawaii does not participate in the Nurse Licensure Compact but still has a process that may permit you to rely on your license in another state to obtain a Hawaii nursing license. Just as the requirements for licensure by examination differ based on the type of license you seek, whether LPN, RN, or APRN, the requirements for licensure by endorsement also differ based on the license type.
Hawaii Licensed Practical Nurse (LPN) Licensure by Endorsement
Section 457-8 of Hawaii's nursing laws sets forth the LPN licensure by endorsement requirements. Section 457-8 states expressly that the Board of Nursing may issue an LPN license “if the applicant has an unencumbered license” from another state equivalent to a Hawaii LPN license “and, in the opinion of the board, the applicant meets the requirements for licensed practical nurses” in Hawaii. Section 457-8 also authorizes the Hawaii Board of Nursing to issue you a temporary permit to practice nursing once you show a verified LPN license from another state. Those assurances should sound encouraging. Your LPN or equivalent license in another state should qualify you for an LPN license in Hawaii. But notice that you must still meet Hawaii's LPN license requirements. And those requirements may well differ from the requirements you met for an LPN license from your other licensure state. You may, for instance, have qualified for your other LPN license by taking a special state exam rather than the NCLEX or qualified under a special state nursing education program that other state nursing boards, including Hawaii's Board of Nursing, do not accept. Or you may have had professional discipline, criminal convictions, or other character and competence issues arise since you got your first license. Whatever issue you face getting a Hawaii LPN license, let us help.
Hawaii Registered Nurse Licensure by Endorsement
Section 457-7 of Hawaii's nursing laws sets forth the RN licensure by endorsement requirements. You may be able to qualify for a Hawaii RN license by endorsement based on your RN license in another state. Section 457-7 also authorizes the Hawaii Board of Nursing to issue you a temporary permit to work based on your prior RN license, while the Board processes your application for a full RN license. Yet, just as is the case for a Hawaii LPN license, you may obtain a Hawaii RN license by endorsement only by meeting Hawaii RN requirements. Your RN license from the other state does not alone qualify you for Hawaii RN licensure, especially insofar as the education, examination, background, and other requirements may differ between your initial state of licensure and Hawaii, where you seek a second RN license. Even if you passed the NCLEX RN examination that Hawaii generally requires, rather than a special RN exam your other state of licensure accepts but Hawaii rejects, your RN nursing education may have been from a program that Hawaii does not approve. You may have had malpractice claims, unprofessionalism charges, criminal convictions, or other issues that have arisen since your first licensure that interfere with your Hawaii RN licensure. Let us help you resolve your Hawaii RN licensure by endorsement issues.
Hawaii Advanced Practice Registered Nurse Licensure by Endorsement
Section 457-8.5 of Hawaii's nursing laws sets forth the APRN licensure requirements. Unlike Hawaii's LPN and RN licensure by endorsement options, Hawaii does not offer APRN candidates a licensure by endorsement procedure. Your APRN or similar nurse specialist certification in another state will not help you license as an APRN in Hawaii. Like other states, Hawaii instead depends on your national board certification as a nurse specialist for your Hawaii state APRN certification. We can still help you if you face APRN license issues in Hawaii.
Issues Obtaining a Second or Subsequent License
You can see from the sections immediately above that while LPN or RN licensure by endorsement is available in Hawaii, notwithstanding Hawaii not participating in the Nurse Licensure Compact, you may face significant hurdles in obtaining your Hawaii nursing license nonetheless. You must still meet Hawaii requirements for licensure, which may differ from the licensure requirements you met in the other state. The reverse would be true, too, that if you already hold a Hawaii LPN or RN license and seek licensure by endorsement in another state, you may face issues relying on your Hawaii license because the states' licensure requirements differ. We can help you resolve the following common licensure by endorsement issues.
Hawaii Nursing Education Issues Interfering with Licensure
Nursing education programs generally seek national accreditation by the Accreditation Commission for Education in Nursing (ACEN). You may have graduated from an ACEN accredited nursing program. If so, then you are less likely to face education program issues when seeking Hawaii nursing licensure by endorsement or licensure by endorsement in another state based on your Hawaii license. If, instead, you attended a foreign nursing program or a domestic program that your other state nursing board specially approved, you may face challenges getting Hawaii's Board of Nursing to approve your education as meeting its own state requirements. Even if you attended an ACEN accredited program, Hawaii's Board of Nursing officials may take issue with your curriculum, school discipline, or other school credentials. Hawaii, in short, has its own educational standards, which may differ in important respects from the requirements of other states in which you have already licensed or from which you are seeking a license. We can help you address education program issues.
Hawaii Nursing Examination Issues Interfering with Licensure
You may face similar issues relating to your nursing examination. The National Council Licensure Exam (NCLEX) is, of course, the usual examination LPNs and RNs face for state nursing licensure. But However not all licensed nurses have taken and passed the NCLEX. State nursing boards may generally accept the NCLEX but also often have the authority to accept other exams or even to waive examination in special cases. Hawaii's Board of Nursing administrative rules are an example. Section 16-89-9 recognizes not only the NCLEX but also the State Board Test Pool Exam (SBTPE) used in Canada's provinces, to meet Hawaii's examination requirements. You may have qualified for your initial license under a special exam, when Hawaii or the other state in which you now seek a license by endorsement does not recognize that exam. Hawaii and other states also have their own requirements for who may qualify to take the NCLEX or other qualifying exam. Issues can also arise around your exam credentials and conduct. Whatever your examination issues are that are frustrating your Hawaii licensure by endorsement, let us help you address and resolve those issues.
Hawaii License Discipline Issues Interfering with Licensure
You can still face Hawaii licensure by endorsement issues, even if your nursing education and examination readily meet Hawaii Board of Nursing requirements. State boards of nursing have the authority to discipline nurses. Hawaii Statutes Section 457.12 is an example, granting the Hawaii Board of Nursing the power to “deny, revoke, limit, or suspend” a license. If you faced disciplinary charges under your present license, unresolved, pending charges and any resulting discipline may affect your ability to obtain a license by endorsement. We can help you resolve pending disciplinary charges or obtain necessary documentation of their favorable resolution. We can also help you demonstrate your compliance with disciplinary terms and conditions, and otherwise advocate for your licensure by endorsement despite a record or threat of discipline. State nursing boards can readily discover discipline from the Nursys database and other search of disciplinary action reports. Let us help you address and favorably resolve any disciplinary issues delaying your Hawaii or other state licensure by endorsement.
Hawaii Background and History Issues Interfering with Licensure
You may not have any education, examination, or disciplinary issues but instead face background and criminal history issues delaying your Hawaii or other state licensure by endorsement. States routinely impose background check requirements. For example, Hawaii's Board of Nursing, in its administrative rule Section 16-89-16, requires candidates for licensure without examination to undergo both a Nursys and National Practitioner Data Bank (NDPB) background check, and may impose additional background check requirements. If your background check shows a pending criminal charge or a criminal conviction for a disqualifying offense, you may face a delay or denial of your licensure by endorsement. You may even have qualified for a license in another state with a certain old conviction, within that state's rules, but find yourself unable to qualify in Hawaii because of differences in the convictions the state boards of nursing will accept. Malpractice liability, impairment issues, and other professionalism issues can also be disqualifying grounds for licensure by endorsement. Let us help you resolve background and criminal history issues.
Hawaii Nurse Licensing Procedures
Our attorneys can help you invoke the protective procedures Hawaii nursing laws must offer to guarantee you due process rights. State nursing boards may not deprive a candidate of the property and liberty interests in a nursing license without due process of law. Hawaii's Board of Nursing recognized your due process rights by adopting its Regulation 16-89-63 incorporating the state's administrative procedures for final agency decisions in contested cases. If you are attempting to obtain a license by endorsement in another state based on your Hawaii nursing license, that state will offer similar administrative procedures. Administrative procedures ensure that you get fair notice of why the state nursing board is refusing to endorse your license and get a fair hearing at which we can present your evidence that you meet the state board's requirements. If you have already lost your administrative hearing, you may have an appeal available to you. If you have already lost your administrative appeal, a civil court review may be available. Let us exhaust all avenues for relief until we have achieved your best possible licensing outcome.
An Attorney Can Help With Your Multistate Licensing Issues
Our highly qualified attorneys have the administrative knowledge, skill, and experience to strategically invoke protective procedures for your best outcome. Do not retain an unqualified attorney, whether a local criminal defense attorney, civil litigation attorney, or transactional lawyer. Administrative law, rules, and procedures all differ from court and transactional procedures. Professional licensing matters are their own niche practice area. Our attorneys know that niche because they make it their practice focus. Our attorneys can take the following steps to their best effect in our representation of you before the Hawaii Board of Nursing or another state nursing board from which you are seeking a license by endorsement based on your Hawaii license:
- notify state nursing board officials that you have retained us and that they are to answer to our requests;
- help you identify, gather, organize, and present your evidence of your qualifications for licensure by endorsement;
- arrange conciliation conferences and other meetings at which to informally present your evidence for licensure by endorsement;
- gain from state nursing board officials the specific objections they have to your qualifications
,so that we can help you address them; - invoke your right to a formal hearing before an administrative law judge or other official;
- present your testimony and other evidence at that formal hearing
,while cross-examining adverse witnesses and challenging adverse evidence; - appeal an adverse hearing result if you have already lost your hearing so that you have an independent review and reversal of erroneous decisions
;and - pursue judicial review
Your Stakes in Hawaii Nursing License Issues
You may already have faced a delay in your Hawaii licensure by endorsement or your licensure by endorsement in another state based on your Hawaii license. If so, you know the loss of income and other employment benefits that delays and other complications in licensure can cause. Further delays may cause you to lose an available job opportunity critical to your continuing nursing practice and income. If the Hawaii Board of Nursing or another state nursing board denies your license application, that denial may frustrate your ability to obtain a nursing license elsewhere. You could find yourself without substantial prospects for nursing employment, affecting your nursing reputation and career. You sought multistate licensing for good reasons. Keep all those reasons in mind when deciding how to address and favorably resolve your licensure by endorsement issues.
Premier Hawaii Nursing License Attorneys
Your best move when facing Hawaii licensure by endorsement issues is to retain the Lento Law Firm's premier Professional License Defense Team. We have helped hundreds of nurses in Hawaii and across the nation to favorably resolve their licensure by endorsement issues and other issues. We are available in Urban Honolulu, East Honolulu, Hilo, Pearl City, Kailua CDP, Waipahu, Kaneohe, Mililani Town, Kahului, Ewa Gentry, and across the rest of Hawaii, as well as nationwide. Call 888.535.3686 or complete this contact form now for the strategic and effective attorney representation you need.
