DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

KA ʻOIHANA PILI KĀLEPA

 

Office of Administrative Hearings

 

JOSH GREEN, M.D.

GOVERNOR | KIAʻĀINA

 

NADINE Y. ANDO

DIRECTOR

KA LUNA | HOʻOKELE

 

FOR IMMEDIATE RELEASE

October 24, 2024

DCCA DISCIPLINARY ACTIONS

(Through September 2024)

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and its respective state Boards and Commissions released a summary of disciplinary actions through the month of September 2024, taken on individuals and entities with professional and vocational licenses in Hawai‘i. 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 to 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 NURSING

Respondent:        Kimberly A. Simmons (Maui)

Case Number:     RNS 2022-890-L

Sanction:             $1,000 fine

Effective Date:     9-5-24

RICO alleges that in July 2022, RICO received a complaint concerning Respondent’s conduct, and that Respondent received notice of RICO’s investigation in 2022 and failed to notify the Board of the ongoing RICO investigation in her 2023 renewal application, in potential violation of HRS §§ 436B-19(9), 457-12(a)(6) and 457-12(a)(11). (Board approved Settlement Agreement.)

BOARD OF PSYCHOLOGY

Respondent:        Kathryn L. Lapierre

Case Number:     PHA 2024-0001-L

Sanction:             $1,500 fine

Effective Date:    8-30-24

RICO alleges that Respondent was served with a complaint by the state of Wisconsin Department of Safety and Professional Services, Division of Legal Services and Compliance on September 25, 2019, Respondent indicated “No” to the question “Are there any disciplinary actions pending against you in this state or any other jurisdiction” on her July 22, 2020 renewal application, the state of Wisconsin disciplined Respondent on September 16, 2020, and Respondent failed to timely notify the Board of the disciplinary action, in potential violation of HRS §§ 465-13(a)(19), 436B-19(5), 436B-19(13), 436B-19(15) and 436B-19(17). (Board approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent:        Laura J. Romig

Case Number:     PTS 2023-3-L

Sanction:             6-month license suspension, complete 30 CC units

Effective Date:    9-10-24

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS §§ 461J-10.1(a), 461J-10.15(a), 461J-10.15(b), 461J-10.15(c) and 461J-12(a)(7). (Board’s Final Order after contested case hearing.)

Respondent:        Joy T. D. Yanai

Case Number:     PTS 2023-6-L

Sanction:             $500

Effective Date:    9-10-24

The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS § 436B-19(11). (Board’s Final Order after contested case hearing.)

BOARD OF MASSAGE THERAPY

Respondents:      Thananya Owens and Healthland, LLC dba Siam Thai Massage and Spa

Case Number:     MAS 2024-55-L

Sanction:             $1,000 fine

Effective Date:    9-17-24

RICO alleges that on May 24, 2024, RICO investigators conducted an unannounced site inspection and Respondents admitted that an unlicensed massage therapist was currently engaging in massage therapist activity for compensation, and that RICO investigators observed Respondents did not conspicuously display their current massage therapists’ and establishment’s licenses, in potential violation of HRS §§ 452-24(a)(1), 452-24(a)(4), 452-24(a)(6), and HAR §§ 16-84-15(c) and 16-84-15(f). (Board approved Settlement Agreement.)

Respondents:      Mareena Trinnaman and Saitara Thai Massage, LLC

Case Number:     MAS 2024-15-L

Sanction:             $2,000 fine

Effective Date:     9-17-24

RICO alleges that on February 22, 2024, RICO investigators conducted a site inspection and observed that several unlicensed massage therapists were engaging in massage therapy activities, in potential violation of HRS §§ 452-24(a)(1) and 452-24(a)(6), and HAR § 16-84-11(b). (Board approved Settlement Agreement.)

BOARD OF CHIROPRACTIC

Respondent:        Dustin R. Craft

Case Number:     CHI 2020-0020-L

Sanction:             License revocation

Effective Date:     9-11-24

On March 11, 2024, the Board approved a Settlement Agreement between Respondent and RICO. The Board finds Respondent failed to comply with the terms of the Settlement Agreement. (Board’s Final Order for Noncompliance with Settlement Agreement.)

 

BEHAVIOR ANALYST PROGRAM

Respondent:        Kevin Abella (Hawaiʻi)

Case Number:     BEH 2024-3-L

Sanction:             $500 fine

Effective Date:    9-26-24

RICO alleges that the Disciplinary Appeal Committee of the Behavior Analyst Certification Board (BACB) disciplined Respondent on January 22, 2024, finding Respondent violated subsections 1.02, 1.15, 4.01, 4.04, and 4.05, in potential violation of HRS § 465D-11(a)(7). (Director approved Settlement Agreement.)

 

ATHLETIC TRAINERS PROGRAM

Respondent:        Sadie Sewell

Case Number:     APT 2023-1-L

Sanction:             $500 fine

Effective Date:     9-24-24

RICO alleges that Respondent was disciplined by the Board of Certification on April 12, 2023, based on Respondent’s failure to comply with a continuing education audit, and that Respondent failed to report the disciplinary action to the program, in potential violation of HRS §§ 436B-19(9), 436B-19(15), and 436H-8(a). (Director approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS

Respondent:        William W. Wong

Case Number:     ENG 2022-10-L

Sanction:             License revocation, $6,000 fine

Effective Date:    8-08-24

The Board adopted the Hearings Officer’s recommended decision as modified by stipulation of the parties and found and concluded that Respondent violated HRS §§ 436B-19(8), (11), and (14), and 464-10, and HAR 16-115-10(5). (Board’s Final Order after contested case hearing.)

REAL ESTATE COMMISSION

Respondent:        Jon E. McElvaney (Hawaiʻi)

Case Number:     REC 2022-273-L

Sanction:             License revocation, voluntary lifetime surrender of license

Effective Date:     9-27-24

RICO filed a Petition for Disciplinary Action on May 6, 2024, alleging Respondent violated HRS §§ 436B-19(12) and 436B-19(14). (Commission approved Settlement Agreement After Filing of Petition for Disciplinary Action.)

Respondent:        Hawaiiana Management Company, Ltd.

Case Number:     REC 2024-184-L

Sanction:             $1,500 fine

Effective Date:     9-27-24

RICO alleges that RICO received a complaint alleging a unit owner emailed Respondent a written Request for Condominium Association Records on March 4, 2024, that fulfillment of the request took longer than 30 days without a proper response by Respondent for the delay, and that Respondent did not provide an estimated cost or necessary affidavit until after 30 days from the request, in potential violation of HRS §§ 514B-154.5(c) and 467-1.6(a). (Commission approved Settlement Agreement.)

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/

BusinessCheck is an online platform designed to serve as a comprehensive resource for researching licensed professionals. This tool empowers users to verify licenses, review complaint histories and discover when a business was established, all in one place. Please visit businesscheck.hawaii.gov to verify a professional’s license status, confirming their qualifications, compliance with regulations and accountability to a governing body.

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Media Contact:

William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

[email protected]

Office: 808-586-7582