Title 25, Professions And Occupations

§452-13 Requisites for admission to examination and licensing of massage therapists and massage therapy establishments. (a) The executive secretary of the board shall determine the sufficiency of the preliminary qualifications of applicants for admission to examination and licens…

§452-14 Examination. The department of commerce and consumer affairs or the board may contract with professional testing services to prepare, administer, and grade the examination for applicants as may be required for the purposes of this chapter. The examination of applicants fo…

§452-15 Licenses. If an applicant for an examination for massage therapist passes the examination to the satisfaction of the board, the board shall issue a license to that effect, signed by the chairperson. The license shall be evidence that the person to whom it is issued is ent…

§452-16 Renewal of license; fees; continuing education. (a) Massage therapist and massage therapy establishment licenses shall expire on June 30 of each even-numbered year following the date of issuance unless renewed for the next biennium. These licenses may be renewed by filing…

§452-17 Fees. (a) The fees for application, licensing, and other registrations shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be paid in advance and deposited with the director of commerce and consumer affa…

§452-18 Sanitary rule. The board shall prescribe sanitary rules as it deems necessary, with reference to the precautions necessary to be employed to prevent the creating and spreading of infectious and contagious diseases. [L 1947, c 192, §18; RL 1955, §63-18; am L Sp 1959 2d, c …

§452-19 Penalties. Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist or who has not received a permit as a massage therapist apprentice as provided in t…

§452-2 License required. (a) It is unlawful for any person in the State to engage in or attempt to engage in the occupation or practice of massage for compensation without a current massage therapist license issued pursuant to this chapter. (b) A massage therapist apprentice who …

§452-21 To whom provisions in this chapter shall not apply. Nothing in this chapter shall prohibit service in case of emergency, or domestic administration, without compensation, nor services by persons holding any valid license, permit, or certificate dealing with the healing ar…

§452-23 Advertising. (a) It is a misdemeanor for any person, including a person who is exempt by section 452-21 from this chapter, to advertise with or without any limiting qualifications as a massage therapist unless the person holds a valid license under this chapter. Further, …

[§452-23.5] Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department of commerce and consumer affairs may issue a citation to any person who holds a massage therapist or massage therapy establishment license issued …

§452-24 Disciplinary actions. (a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including, but not limited to, revocation, suspension, fine, or a combination thereof, or may refuse to grant or renew a license for …

[§452-24.5] 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 ap…

[§452-25] Right of injunction. The department of commerce and consumer affairs, in addition to any other remedies available, may apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 1986, c 99, §2]

[§452-26] Cumulative remedies. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 99, §3]

§452-3 Massage therapy establishments to be licensed. No massage therapy establishment shall be operated unless it has been duly licensed as provided for in this chapter. [L 1947, c 192, §3; RL 1955, §63-3; HRS §452-3; am L 1980, c 208, §5; am L 1981, c 82, §28; am L 1987, c 190,…

§452-4 Creation of state board; qualifications. (a) There is established within the department of commerce and consumer affairs for administrative purposes a state board of massage therapy consisting of five members. (b) Three members shall have at least three years of practical …

§452-6 Powers and duties of the board. (a) The board shall adopt rules pursuant to chapter 91 for the purposes of this chapter. (b) In addition to any other powers and duties authorized by law, the board may grant, or upon proof of violation of this chapter or the rules adopted b…

§452-9 Records of board. The board shall keep a record of all of its proceedings and activities including all applications, and the action taken thereon. The books and records of the board shall be prima facie evidence of matters therein contained. The provisions of chapter 92F s…

[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 …