Terms Used In Hawaii Revised Statutes > Chapter 480E - Mortgage Rescue Fraud Prevention Act

• Address: means , with respect to prescriptions, the physical location where an individual resides such as:
  (1) Street address, city, and state;
  (2) Tax map key number; or
  (3) The description of a physical location. See Hawaii Revised Statutes 329-1
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
  (1) A practitioner (or, in the practitioner's presence or at the practitioner's direction, by a licensed or registered health care professional acting as the practitioner's authorized agent), or
  (2) The patient or research subject at the direction or in the presence of the practitioner. See Hawaii Revised Statutes 329-1
• Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
• Advanced practice registered nurse with prescriptive authority: means a person licensed under section 457-8. See Hawaii Revised Statutes 329-1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Hawaii Revised Statutes 329-1
• Appraisal: A determination of property value.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Blood: means whole blood collected from a single donor and processed either for transfusion or for further manufacturing. See Hawaii Revised Statutes 328-112
• Central repository: means a central repository established under § 329-102. See Hawaii Revised Statutes 329-1
• Circumstantial evidence: All evidence except eyewitness testimony.
• Common control: means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, by voting rights, by contract, or otherwise. See Hawaii Revised Statutes 328-112
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consideration: means any payment or thing of value provided to an owner of a distressed property, including reasonable costs paid to independent third parties necessary to complete the distressed property conveyance or payment of money to satisfy a debt or legal obligation of an owner of the distressed property. See Hawaii Revised Statutes 480E-2
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• delivery: means the actual, constructive, or attempted transfer or sale from one person to another of a controlled substance or drug paraphernalia, whether or not there is an agency relationship. See Hawaii Revised Statutes 329-1
• Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
• Department: means the department of health except when otherwise provided. See Hawaii Revised Statutes 328-112
• Designated member of the health care team: includes physician assistants, advanced practice registered nurses, and covering physicians who are authorized under state law to prescribe drugs. See Hawaii Revised Statutes 329-1
• Detoxification treatment: means the dispensing, for a specific period of time, of a narcotic drug or narcotic drugs in decreasing doses to an individual to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within a specified period of time. See Hawaii Revised Statutes 329-1
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the administering of a practitioner's controlled substances, and packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Hawaii Revised Statutes 329-1
• Dispenser: means a practitioner who dispenses. See Hawaii Revised Statutes 329-1
• Distressed property: means any residential real property that:

  (1) Is in foreclosure or at risk of foreclosure because payment of any loan that is secured by the residential real property is more than sixty days delinquent;

  (2) Had a lien or encumbrance charged against it because of nonpayment of any taxes, lease assessments, association fees, or maintenance fees;

  (3) Is at risk of having a lien or encumbrance charged against it because the payments of any taxes, lease assessments, association fees, or maintenance fees are more than ninety days delinquent;

  (4) Secures a loan for which a notice of default has been given;

  (5) Secures a loan that has been accelerated; or

  (6) Is the subject of any solicitation, representation, offer, agreement, promise, or contract to perform any mortgage assistance relief service. See Hawaii Revised Statutes 480E-2

• Distressed property consultant: means any person who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assistance relief service. See Hawaii Revised Statutes 480E-2
• Distressed property consultant contract: means any agreement or obligation between an owner or agent of an owner of a distressed property and a distressed property consultant. See Hawaii Revised Statutes 480E-2
• Distressed property conveyance: means the transfer of any interest in a distressed property effected directly or indirectly by or through a distressed property consultant. See Hawaii Revised Statutes 480E-2
• Distressed property conveyance contract: means any agreement or obligation affecting a distressed property conveyance. See Hawaii Revised Statutes 480E-2
• Distressed property lease: means any agreement or obligation regarding the lease or rental of a distressed property effected directly or indirectly by or through a distressed property consultant or distressed property purchaser. See Hawaii Revised Statutes 480E-2
• Distressed property purchaser: means any person who acquires any interest in a distressed property directly or indirectly through a distressed property conveyance or distressed property conveyance contract. See Hawaii Revised Statutes 480E-2
• Distribute: means to deliver other than by administering or dispensing a controlled substance. See Hawaii Revised Statutes 329-1
• Distributor: means a person who distributes. See Hawaii Revised Statutes 329-1
• Donor: The person who makes a gift.
• Drug: means :
  (1) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
  (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
  (3) Substances (other than food) intended to affect the structure or any function of the body of man or animals; and
  (4) Substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Hawaii Revised Statutes 329-1
• Drug paraphernalia: means all equipment, products, and materials of any kind that are used, primarily intended for use, or primarily designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. See Hawaii Revised Statutes 329-1
• Electronic prescription: means a prescription that is generated on an electronic prescription application and transmitted as an electronic data file that complies with all applicable requirements of Title Title 21 of the Code of Federal Regulations, Part 1311 and any additional rules adopted by the department

  "Electronic prescription application" means electronic prescription software either as a stand-alone application or as a module in an electronic health record application. See Hawaii Revised Statutes 329-1

• emergency medical reasons: includes , but is not limited to, transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five per cent of the total prescription drug sales revenue of either the transferor or transferee pharmacy during any period of twelve consecutive months;

  (6) The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a drug, or the dispensing of a drug, pursuant to a prescription;

  (7) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or

  (8) The sale, purchase, or trade of blood and blood components intended for transfusion. See Hawaii Revised Statutes 328-112

• Ephedrine: includes any synthetic compound, salt, derivative, mixture, or preparation extracted from the plant (genus) Ephedra that contains the substance ephedrine. See Hawaii Revised Statutes 329-1
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fully performed: means :

  (1) In the case of relief requiring the consent of any lending party, the distressed property consultant or attorney has:

  (A) Carried out and provided all of the services the distressed property consultant or attorney contracted to perform or represented would be performed; and

  (B) Obtained from the lending party a written offer for mortgage assistance relief that the consumer has accepted by executing the written contract. See Hawaii Revised Statutes 480E-2

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hemp: means all parts of the plant cannabis sativa L. See Hawaii Revised Statutes 329-1
• Identification number: means , with respect to a patient:
  (1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;
  (2) If the patient is a foreign patient, the patient's passport number;
  (3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;
  (4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or
  (5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1
• Immediate precursor: means a substance which the department of law enforcement has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Hawaii Revised Statutes 329-1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lending party: means the person from whom mortgage assistance relief is sought and includes the residential loan holder or servicer. See Hawaii Revised Statutes 480E-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance:
  (1) By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice, or
  (2) By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See Hawaii Revised Statutes 329-1
• Manufacturer: means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling a prescription drug. See Hawaii Revised Statutes 328-112
• Marijuana: means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Hawaii Revised Statutes 329-1
• Material: means likely to affect a consumer's choice of, or conduct regarding, any mortgage assistance relief service. See Hawaii Revised Statutes 480E-2
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage assistance relief service: means any service, plan, or program that is offered or provided to the consumer in exchange for consideration and is represented, expressly or by implication, to assist or attempt to assist the consumer with any of the following:

  (1) Stopping, preventing, or postponing the loss of any residential real property, whether by mortgage or deed or trust foreclosure sale or repossession, or otherwise saving any consumer's residential real property from foreclosure or repossession;

  (2) Stopping, preventing, or postponing the charging of any lien or encumbrance against any residential real property or reducing or eliminating any lien or encumbrance charged against any residential real property for the nonpayment of any taxes, lease assessments, association fees, or maintenance fees;

  (3) Saving the owner's property from foreclosure or loss of home due to nonpayment of taxes;

  (4) Negotiating, obtaining, or arranging any modification of any term of a residential loan, including a reduction in the amount of interest, principal balance, monthly payments, or fees;

  (5) Negotiating, obtaining, or arranging any extension of the period of time within which the consumer may:

  (A) Cure the default on a residential loan;

  (B) Reinstate the residential loan;

  (C) Redeem any residential real property; or

  (D) Exercise any right to reinstate a residential loan or redeem a residential real property;

  (6) Negotiating, obtaining, or arranging, with respect to any residential real property:

  (A) A short sale;

  (B) A deed-in-lieu of foreclosure; or

  (C) Any other disposition of the property other than a sale to a third party who is not the residential loan holder;

  (7) Obtaining any forbearance or modification in the timing of payments from any residential loan holder or servicer;

  (8) Obtaining any forbearance from any beneficiary or mortgagee, or any relief with respect to a tax sale of any residential real property;

  (9) Obtaining any waiver of an acceleration clause or balloon payment contained in any promissory note or other contract secured by a mortgage on any residential real property or contained in the mortgage;

  (10) Obtaining any extension of the period within which the owner may reinstate the owner's rights with respect to the owner's property;

  (11) Obtaining a loan or advance of funds while the consumer is in foreclosure or at risk of foreclosure due to nonpayment of any obligation related to a residential real property, including but not limited to one or more loans, taxes, lease assessments, association fees, or maintenance fees;

  (12) Obtaining a loan or advance of funds during any post-tax sale redemption period;

  (13) Considering or deciding whether a consumer should continue making payments on any loan, taxes, lease assessments, association fees, or maintenance fees or any other obligation related to a residential real property;

  (14) Exercising any cure of default;

  (15) Avoiding or ameliorating the impairment of the property owner's credit resulting from the recording or filing of a notice of default or the conduct of a foreclosure sale or tax sale;

  (16) Drafting, preparing, performing, creating, or otherwise obtaining a forensic loan audit, a forensic securitization audit, or any other type of audit, report, summary, affidavit, or declaration involving an opinion, determination, or analysis of whether a lending party has an enforceable mortgage or lien, predicated upon claims that a lending party that is a party to a pooling and service agreement failed to adhere to the terms of that agreement, or that errors occurred after the signing of the mortgage loan, or disputing whether the lending party is the holder of the promissory note, or any argument that the lending party has failed to comply with federal or state mortgage lending laws;

  (17) Drafting, preparing, performing, creating, or otherwise obtaining any documentation used or intended to be used to advance any legal theory in defense of a foreclosure or ejectment action, regardless of any disclaimer as to providing legal advice; or

  (18) Understanding any legal theory that may be used in defense of a foreclosure or ejectment action, regardless of any disclaimer as to providing legal advice. See Hawaii Revised Statutes 480E-2

• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Hawaii Revised Statutes 329-1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Hawaii Revised Statutes 329-1
• Opium poppy: means the plant of the species Papaver somniferum, except its seeds. See Hawaii Revised Statutes 329-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
• Person: means any individual, partnership, corporation, limited liability company, association, or other group or entity, however organized. See Hawaii Revised Statutes 480E-2
• Personal property: All property that is not real property.
• Pharmacist: means a person who is licensed or holds a permit under chapter 461 to practice pharmacy, including a pharmacy intern who is under the immediate and direct supervision of a licensed pharmacist. See Hawaii Revised Statutes 329-1
• Physician assistant: means a person licensed under section 453-5. See Hawaii Revised Statutes 329-1
• Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Hawaii Revised Statutes 329-1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practitioner: means :
  (1) A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under § 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;
  (2) An advanced practice registered nurse with prescriptive authority licensed and registered under § 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; and
  (3) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. See Hawaii Revised Statutes 329-1
• Prescribe: means to direct, designate, or order the use of a formula for the preparation of a medicine for a disease or illness and the manner of using them. See Hawaii Revised Statutes 329-1
• Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
• Prescription drug: means any human drug required by federal or state statutes, regulations, or rules to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to § 328-16 or to section 503(b) of the federal Food, Drug, and Cosmetic Act. See Hawaii Revised Statutes 328-112
• property owner: means the owner of any distressed property. See Hawaii Revised Statutes 480E-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Residential loan: means any loan that is secured by a mortgage against residential real property, regardless of whether the property owner lacks sufficient equity in the property so as to render the loan partially or entirely unsecured. See Hawaii Revised Statutes 480E-2
• Residential loan holder: means any person who holds the residential loan that is the subject of the offer to provide mortgage assistance relief services. See Hawaii Revised Statutes 480E-2
• Residential real property: means any fee simple or leasehold real property wherever located, the primary use of which is occupancy as a residence by any natural person or persons, regardless of whether the property owner resides on the property. See Hawaii Revised Statutes 480E-2
• Servicer: means the person responsible for:

  (1) Receiving any scheduled periodic payments pursuant to the terms of the residential loan that is the subject of the offer to provide mortgage assistance relief services; and

  (2) Making the payments of principal and interest and such other payments with respect to the amounts received from the consumer as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. See Hawaii Revised Statutes 480E-2

• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
• System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Hawaii Revised Statutes 329-1
• Wholesale distribution: means the distribution of prescription drugs to persons other than a consumer or patient, but does not include:

  (1) Intracompany sales, defined as any transaction or transfer between an entity and any division, subsidiary, parent, or affiliated or related company under common ownership and control;

  (2) The purchase or other acquisition, by a hospital or other health care entity that is a member of a group purchasing organization, of a drug for the entity's own use, from the group purchasing organization or from other hospitals or health care entities that are members of the group purchasing organization;

  (3) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

  (4) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control;

  (5) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this definition the term "emergency medical reasons" includes, but is not limited to, transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five per cent of the total prescription drug sales revenue of either the transferor or transferee pharmacy during any period of twelve consecutive months;

  (6) The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a drug, or the dispensing of a drug, pursuant to a prescription;

  (7) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or

  (8) The sale, purchase, or trade of blood and blood components intended for transfusion. See Hawaii Revised Statutes 328-112

• Wholesale distributor: means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers; own-label distributors; jobbers; private label distributors; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other health care providers; and retail and hospital pharmacies that conduct wholesale distributions. See Hawaii Revised Statutes 328-112