Title 25, Professions And Occupations

[PART I. GENERALLY] §453-1 Practice of medicine defined. For the purposes of this chapter, the practice of medicine by a physician or an osteopathic physician includes the use of drugs and medicines; surgery; manual medicine; water; electricity; hypnotism; telehealth; the interpr…

§453-1.3 Practice of telehealth. (a) Subject to section 453-2(b), nothing in this section shall preclude any physician acting within the scope of the physician's license to practice from practicing telehealth as defined in this section. (b) Telehealth services shall include a doc…

§453-1.5 Pain management guidelines. The Hawaii medical board may establish guidelines for physicians or osteopathic physicians with respect to patients' pain management. The guidelines shall apply to all patients with severe acute pain or severe chronic pain, regardless of the p…

§453-10 Witnesses in such proceeding. In any proceeding the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in the proceeding. The board may subpoena physicians, osteopathic physicians, or surgeons as specialists, on the recommendation of the…

§453-11 Recalcitrant witnesses; contempt. If any person called before the board as a witness in any proceeding, whether under subpoena or otherwise, except as privileged by law, refuses to answer any question which is relevant to the proceeding and is put to the individual by the…

§453-12 Perjury. Any person who wilfully and knowingly makes under oath any false statement in connection with any such proceeding before the board shall be guilty of perjury and shall be subject to the penalty prescribed by law for perjury. Whenever the board is satisfied that t…

§453-13 Penalty. Any person who violates this chapter, or who offers or in any way attempts to engage in the practice of medicine as defined in section 453-1 and fails to comply with any of the requirements or provisions of this chapter, penalty for which violation or failure to …

§453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds. (a) Every physician, osteopathic physician, physician assistant, and surgeon attending or treating a case of knife wound, bullet wound, gunshot wound, powder burn, or any injury t…

§453-15 Who shall give consent to a postmortem examination. A pathologist or any licensed physician, osteopathic physician, or surgeon may conduct a postmortem examination when written consent thereto is given by whoever of the following assumes custody of the body for purposes o…

§453-16 Intentional termination of pregnancy; refusal to perform. (a) A licensed physician or surgeon or licensed osteopathic physician and surgeon may provide abortion care. A licensed physician assistant may provide medication or aspiration abortion care in the first trimester …

§453-17 Subpoena of peer review adverse decision report. In connection with an investigation under section 453-7.5, the director of commerce and consumer affairs may issue subpoenas, pursuant to section 26-9(j), compelling the production of hospital records of patients whose case…

[§453-18] Pelvic examinations on anesthetized or unconscious female patients. A physician, osteopathic physician, surgeon, or student participating in a course of instruction, residency program, or clinical training program shall not perform a pelvic examination on an anesthetize…

[§453-19] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an appl…

§453-2 License required; exceptions. (a) Except as otherwise provided by law, no person shall practice medicine or surgery in the State, either gratuitously or for pay, or offer to practice medicine or surgery in the State, or advertise or announce one's self, either publicly or …

[§453-2.5] Traveling team physicians; exemption. (a) A physician licensed and in good standing to practice as a physician in another state shall be exempt from the licensure requirements of this chapter if: (b) Nothing in this section shall be construed to permit a physician exem…

§453-3 Limited and temporary licenses. The Hawaii medical board shall issue a limited and temporary license to an applicant who has not been examined as required by section 453-4, and against whom no disciplinary proceedings are pending in any state or territory, if the applicant…

§453-3.2 Educational teaching license. (a) The board may issue an educational teaching license to a physician or osteopathic physician who is not licensed in this State and who is invited by the chief of service of a clinical department of a hospital to provide and promote profes…

§453-3.5 Training replacement temporary license. (a) The board may issue a limited and temporary license to a physician or osteopathic physician to maintain patient services for the purpose of substituting for another physician or osteopathic physician licensed in this State to e…

PART II. EMERGENCY MEDICAL SERVICE PERSONNEL §453-31 Emergency ambulance service personnel. The practice of any emergency medical services by any individual employed by an emergency ambulance service who is not licensed under part I of this chapter or under chapter 457 shall be s…

§453-32 License requirements for emergency medical services. (a) The Hawaii medical board shall issue licenses to individuals qualified in emergency medical services, upon application therefor; provided that the applicant for licensure: (b) The board shall directly review the cre…

§453-32.1 Renewal of licensure. (a) Every person holding a license under this part shall renew the license with the board no later than January 31 of each even-numbered year, pay a renewal fee, and comply with the continuing education requirements set forth in the board's rules. …

§453-32.5 Provisional licensure. (a) The board shall approve provisional licensure of an applicant under section 453-32 if the applicant has graduated from a board approved training program within twelve months of the date of application and has never taken the written and practi…

§453-32.51 Limited provisional licensure. (a) The Hawaii medical board shall approve limited provisional licensure of an applicant under this section if the applicant: (b) Limited licensure of any applicant shall be restricted to a maximum of one year. (c) All privileges under th…

§453-32.6 Delegation to committee of practicing emergency physicians or osteopathic physicians and emergency ambulance personnel. The Hawaii medical board shall establish a committee consisting of practicing emergency physicians or osteopathic physicians and emergency ambulance p…

[§453-33] Rules. The Hawaii medical board shall adopt rules to implement this part, subject to chapter 91. [L 1978, c 148, pt of §2(1); am L 2008, c 9, §3]

§453-34 Licensure consistent with levels of practice; licensure of emergency medical technician 1. (a) The Hawaii medical board shall issue licenses upon application therefor, consistent with the following levels of practice: (b) Beginning July 1, 2022, the Hawaii medical board s…

§453-4 Qualifications for examination and licensure. (a) Except as otherwise provided by law, no person shall be licensed to practice medicine or surgery unless the applicant has passed an examination and has been found to possess the necessary qualifications. No applicant shall …

§453-4.5 Foreign medical graduates; alternative qualifications. Notwithstanding section 453-4(b)(2)(B), a graduate of a foreign medical school may be licensed by the Hawaii medical board under section 453-4(c) if the graduate:

[§453-4.6] Licensure by endorsement. (a) The board may issue a license by endorsement to a physician, surgeon, or osteopathic physician if: (b) The board may require an applicant seeking licensure by endorsement to take and pass the Special Purpose Examination (SPEX) or the Compr…

§453-5 Hawaii medical board; appointment, removal, qualifications. (a) For the purpose of carrying out this chapter, the governor shall appoint a Hawaii medical board whose duty it shall be to examine all applicants for license to practice medicine or surgery. As used in this cha…

§453-5.1 Powers and duties of board. In addition to other powers and duties authorized by law, the Hawaii medical board shall have all the powers necessary or convenient to effectuate the purpose of this chapter, including, without limitation, the following powers:

§453-5.3 Physician assistant; licensure required. (a) The Hawaii medical board shall require each person practicing medicine under the supervision of a physician, osteopathic physician, or group of physicians, other than a person licensed under section 453-3, to be licensed as a …

§453-5.4 Physician assistant advisory committee. There shall be a physician assistant advisory committee under the Hawaii medical board consisting solely of persons licensed under section 453-5.3. The committee shall review all complaints and requests relating to physician assist…

§453-5.5 Physician assistant; authority to sign documents. Any physician assistant who holds a current, valid, and permanent license to practice medicine pursuant to this chapter, and who is under the supervision of a licensed physician or osteopathic physician, shall have the au…

[Part III.] expedited partner therapy §453-51 Definitions. As used in this part: "Expedited partner therapy" means the indirect treatment of partners of a patient who has been diagnosed as having a sexually transmitted disease through the dispensing or prescribing of antibiotic t…

[§453-52] Expedited partner therapy. (a) A health professional may, in addition to treating a patient, provide expedited partner therapy to the partners of the patient if all of the following requirements are met: (b) A health professional who provides expedited partner therapy a…

[§453-53] Information sheet. The department of health shall develop and, upon request, distribute to health professionals subject to this part an information sheet that includes all of the following:

[§453-54] Limitation of liability. A health professional who provides expedited partner therapy as authorized under section 453-52, a person licensed or otherwise authorized by law to practice medicine or surgery under this chapter, an advanced practice registered nurse with pres…

§453-6 Fees; expenses. (a) No applicant shall be examined under this chapter until the applicant has paid to the board application, examination, and license fees. The board may provide separate fees for licensure by endorsement and for limited and temporary licenses. (b) Every ph…

§453-7 Form of license. The form of license to practice medicine and surgery shall be substantially as follows: State of Hawaii, Hawaii Medical Board License to Practice Medicine and Surgery ....................., having been duly examined by the Hawaii Medical Board, and having …

§453-7.5 Review of complaints and information by department. (a) The department of commerce and consumer affairs shall review each complaint, inquiry, and information, as applicable, received under sections 92-17, 329-44, 453-8.7, 663-1.7, and 671-5. The department shall investig…

§453-8 Revocation, limitation, suspension, or denial of licenses. (a) In addition to any other actions authorized by law, any license to practice medicine and surgery may be revoked, limited, or suspended by the board at any time in a proceeding before the board, or may be denied…

§453-8.1 Voluntary limitation of license. A physician, osteopathic physician, or surgeon may request, in writing, that the board limit the individual's license to practice. The board may grant the request and may impose conditions on the limited license. The board shall determine…

§453-8.2 Disciplinary action. (a) In addition to any other actions authorized by law, in disciplining a licensee in a proceeding held in conformity with chapter 91, the board may impose one or more of the following sanctions: (b) Unless otherwise expressly provided, the actions, …

[§453-8.4] Summary suspension. (a) The board may summarily suspend any license issued under this chapter upon a specific determination that the failure to take such an action may result in an immediate and unreasonable threat to personal safety or of fraud that jeopardizes or end…

§453-8.6 Discipline based on action taken by another state or federal agency; conditions; prohibition on practice. (a) Upon receipt of evidence of revocation, suspension, or other disciplinary action against a licensee by another state or federal agency, the board may issue an or…

§453-8.7 Reporting requirements. (a) Every physician or osteopathic physician licensed pursuant to this chapter who does not possess professional liability insurance shall report any settlement or arbitration award of a claim or action for damages for death or personal injury cau…

§453-8.8 Physician workforce assessment fee; license; physician workforce information. [Repeal of section on June 30, 2017, by L Sp 2009, c 18, §9; L 2012, c 186, §3(2) as noted in the main volume deleted by L 2017, c 40, §2.] When a license is renewed, each physician or surgeon …