[§436E-12]  Penalty.  (a)  Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of acupuncture without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of acupuncture, shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $1,000 for each violation.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 436E-12

  • Board: means the board of acupuncture. See Hawaii Revised Statutes 436E-2
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436E-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Practice of acupuncture: means stimulation of a certain acupuncture point or points on the human body for the purpose of controlling and regulating the flow and balance of energy in the body. See Hawaii Revised Statutes 436E-2

     (b)  Any person, except a licensed acupuncturist, who:

     (1)  Practices or attempts to practice acupuncture;

     (2)  Buys, sells, or fraudulently obtains any diploma or license to practice acupuncture whether recorded or not;

     (3)  Uses the title “acupuncturist”, “D.Ac.” or “D.O.M.” or any word or title to induce the belief that the person is engaged in the practice of acupuncture without complying with this chapter; or

     (4)  Violates this chapter;

shall be penalized as provided in subsection (a).  The department may also seek all legal and equitable remedies available to it for the enforcement of the provisions of this chapter, including seeking injunctive relief.