The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of September 2022 taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.
The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.
BOARD OF PSYCHOLOGY
Respondents: David R. Roscoe
Case Number: PSY 2021-13-L
Sanction: $1,000 fine and 15 hours APA approved continuing education courses in the areas of ethics, professionalism, and informed consent
Effective Date: 9-2-22
RICO alleges Respondent provided treatment to a child without first obtaining informed consent from the child’s legal parent and further, did not report an allegation of abuse made by that child to the proper authorities, in potential violation of HRS §§ 436B-19(9) and 465-13(a)(1). (Board approved Settlement Agreement.)
BOARD OF NURSING
Respondent: Tania L. Cheng
Case Number: RNS 2021-415-L
Sanction: Voluntary suspension of license for 3 years, continuing education course: Righting a Wrong – Ethics & Professionalism in Nursing, and $3,000 fine
Effective Date: 9-1-22
RICO alleges that Respondent was disciplined by Oregon State, was convicted of attempted aggravated theft in the first degree in Oregon on or about October 31, 2021, and was disciplined by California State, all in potential violation of HRS §§ 457-12(a)(6) and 457-12(a)(8). (Board approved Settlement Agreement.)
Respondent: Michelle C. Austin fka Michelle C. Seeman
Case Number: RNS 2021-295-L
Sanction: Voluntary surrender of license
Effective Date: 9-1-22
RICO alleges that Respondent was disciplined by Colorado State and failed to timely report the action to the Board, in potential violation of HRS §§ 457-12(a)(8) and 457-12(a)(10). (Board approved Settlement Agreement.)
BOARD OF MASSAGE THERAPY
Respondents: Khun Sa Thai Massage LLC, Suphansa Sheekey and Numngern K. Ellis
Case Number: MAS 2021-63-L
Sanction: $1,500 fine
Effective Date: 9-14-22
RICO alleges that on March 21, 2022, RICO conducted a site inspection at Respondent Khun Sa Thai Massage LLC (“Respondent Khun”) and found several unlicensed massage therapists engaging in massage therapy without a licensed massage therapist in attendance on the premises, and Respondent Kuhn’s license number was not listed on Respondent Kuhn’s brochure and business card, all in potential violation of HRS §§ 452-23(b), 452-24(a)(1), 452-24(a)(6) and HAR §§ 16-84-11(b) and 16-84-15(d). All Respondents are jointly and severally responsible to pay the fine. (Board approved Settlement Agreement.)
Respondents: Thai Massage Therapeutics LLC and Suphansa Sheekey
Case Number: MAS 2021-67-L
Sanction: $2,000 fine
Effective Date: 9-14-22
RICO alleges that on June 30, 2022, RICO conducted a site inspection at Respondent Thai Massage Therapeutics LLC and observed several unlicensed massage therapists engaging in massage therapy, in potential violation of HRS §§ 452-24(a)(1), 452-24(a)(6) and HAR §§ 16-84-11(b). Both Respondents are jointly and severally responsible to pay the fine. (Board approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondent: Pauliasi Takai dba Takai Masonry Contractor
Case Number: CLB 2022-51-L
Sanction: $4,000 fine
Effective Date: 9-22-22
RICO alleges that Respondent entered into a verbal agreement to repair an existing rock wall in exchange for $65,000, and that Respondent did not provide a written contract or provide clients with any verbal or written bond and lien disclosures, in potential violation of HRS §§ 444-25.5(b) and 444-25.5(b)(1), and HAR §§ 16-77-80(a), 16-77-80(a)(3), 16-77-80(a)(7) and 16-77-71(a)(2). (Board approved Settlement Agreement.)
Respondent: Railing Systems Hawaii, LLC
Case Number: CLB 2021-309-L
Sanction: $2,500 fine
Effective Date: 9-22-22
RICO alleges that from January 2018 to June 2018, Respondent engaged in structural steel work under a written contract and during that time Respondent did not possess a C-48 specialty classification license, in potential violation of HAR § 16-77-33(c). (Board approved Settlement Agreement.)
BOARD OF CHIROPRACTIC
Respondent: Aaries T. Oda
Case Number: CHI 2020-14-L
Sanction: $1,000 fine
Effective Date: 8-29-22
RICO alleges that Respondent ran advertisements that guaranteed patients using a laser weight-loss system would “instantly lose 1-2 inches without diet or exercise,” that Respondent charged a patient $5,026.18 for the advertised laser weight-loss treatments, and that patient did not attain the results promised in the advertisements, in potential violation of HRS §§ 442-9(a)(5) and 442-9(a)(6). (Board approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/
