reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-1 Definitions.

§452-1 Definitions.
For the purpose of this chapter, the following definitions shall be adopted:
"Board" means the board of massage therapy created under this chapter.
"Massage", "massage therapy", and "Hawaiian massage" commonly known as lomilomi, means any method of treatment of the superficial soft parts of the body, consisting of rubbing, stroking, tapotement, pressing, shaking, or kneading with the hands, feet, elbow, or arms, and whether or not aided by any mechanical or electrical apparatus, appliances, or supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Any mechanical or electrical apparatus used as described in this chapter shall be approved by the United States Food and Drug Administration.
"Massage therapist" means any person who engages in the occupation or practice of massage for compensation.
"Massage therapist apprentice" means any person who engages in the occupation or practice of massage under the direct supervision of a sponsoring massage therapist who is employed by or registered with an approved massage establishment.
"Massage therapist student" means any person who engages in the study or practice of massage therapy who is under the direct supervision of the teacher in a school setting.
"Massage therapy establishment" means premises occupied and used for the purpose of practicing massage therapy or massage therapy training; provided that when any massage therapy establishment is situated in any building used for residential purposes, the massage therapy establishment premises shall be set apart and shall not be used for any other purpose.
"Principal massage therapist" means a massage therapist designated by an establishment or an out-call massage service as the person in charge. [L 1947, c 192, §1; RL 1955, §63-1; HRS §452-1; am L 1980, c 208, §3; am L 1981, c 65, §1; am L 1987, c 190, §2; am L 1989, c 204, §1; am L 1990, c 205, §1; am L 2016, c 146, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-2 License required.

§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 has a permit, or a massage therapist student under the direct supervision of a teacher in a massage school setting, is also permitted to engage in or attempt to engage in the occupation or practice of massage. [L 1947, c 192, §2; RL 1955, §63-2; HRS §452-2; am L 1980, c 208, §4; am L 1981, c 65, §2; am L 1985, c 95, §1; am L 1989, c 204, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-3 Massage therapy establishments to be licensed.

§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, §3; am L 1990, c 205, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-4 Creation of state board; qualifications.

§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 experience as licensed massage therapists, who shall be actively employed as massage therapists, and two shall be public members.
(c) Board members affiliated with any school teaching massage or any apprenticeship or other massage therapy training program shall disclose that affiliation and shall at all times adhere to the provisions of chapter 84 and the interpretations of that chapter by the state ethics commission. [L 1947, c 192, §4; RL 1955, §63-4; am L Sp 1959 2d, c 1, §5; HRS §452-4; am L 1978, c 208, §5; am L 1980, c 208, §6; am L 1982, c 204, §8; am L 1987, c 190, §4; am L 1989, c 204, §3; am L 1992, c 202, §95; ree L 1993, c 322, §8; am L 1994, c 5, §4]
Cross References
Departmental administration, see § §26-9 and 26-35.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-6 Powers and duties of the board.

§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 by the board governing the practice under this chapter, revoke, suspend, or refuse to renew a license as provided in this chapter.
(c) The board shall adopt rules pursuant to chapter 91 relating to massage therapist apprenticeship and training including rules establishing qualifications for apprenticeship permits and training programs and the requirements to be met by massage therapist apprentices prior to taking the massage therapist license examination.
(d) The executive secretary, under the direction of the board, shall issue subpoenas for the attendance of witnesses before the board with the same effect as if the subpoenas were issued in an action in the circuit court, and shall, under the direction of the board, administer oaths in all matters pertaining to the duties of the executive secretary's office or connected with the administration of the affairs of the board. Disobedience of a subpoena and false swearing before the executive secretary or the board shall be attended by the same consequences and be subject to the same penalties as if the disobedience or false swearing occurred in an action in the circuit court. [L 1947, c 192, pt of §6; am L 1949, c 97, pt of §1; RL 1955, §63-6; am L 1965, c 96, §45; HRS §452-6; am L 1979, c 105, §44; am L 1980, c 208, §8; am L 1981, c 65, §4; gen ch 1985; am L 1986, c 99, §4; am L 1989, c 204, §4; am L 1992, c 202, §96]
Case Notes
Power to refuse certificate; moral turpitude. 38 H. 584 (1950).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-9 Records of board.

§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 shall prevail in the disclosure of information maintained by the board. [L 1947, c 192, §8; RL 1955, §63-9; am L 1959, c 109, §1; HRS §452-9; am L 1980, c 208, §11; am L 1995, c 144, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-11 Assistance to board.

§452-11 Assistance to board.
The board may call to its aid any person or persons of established reputation and known ability in their profession, for the purpose of conducting examinations, inspection, and investigations of all persons affected by this chapter. [L 1947, c 192, §11; RL 1955, §63-11; HRS §452-11; am L 1980, c 208, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-12 Application for examination.

§452-12 Application for examination.
Each person who desires to practice the occupation of massage therapist shall file with the board a written application on a form prescribed and supplied by the board, and shall submit such credentials as may be required by this chapter or the rules adopted by the board, and shall also pay the board the required fees. [L 1947, c 192, §12; RL 1955, §63-12; HRS §452-12; am L 1980, c 208, §14; am L 1997, c 40, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-13 Requisites for admission to examination and licensing of massage therapists and massage therapy establishments.

§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 licensing. The executive secretary shall require that:
(1) A nonrefundable application fee shall be paid to the board at the time of the application.
(2) The examination fee shall be refunded only if the applicant is found not qualified to take the license examination.
(3) An applicant for examination shall have completed academic training in anatomy, physiology, structural kinesiology, and the theory and demonstration of massage, which is not confined to any specific system or method of massage therapy, spent at least six months as a massage therapist apprentice or massage therapist student in a school approved by the board, and met all other requirements set for apprentices or students by the board pursuant to section 452-6(c).
(b) An applicant desiring to license a massage therapy establishment shall file with the board a written application on a form prescribed and supplied by the board, and setting forth that the applicant has complied with all of the requirements in a manner and detail as may be required by the rules established by the board. A license fee shall be paid to the board together with the application fee. [L 1947, c 192, §13; RL 1955, §63-13; am L 1965, c 211, § §1, 2; HRS §452-13; am L 1980, c 208, §15; am L 1981, c 65, §5; am L 1984, c 7, §34; am L 1985, c 95, §2; am L 1986, c 99, §5; am L 1987, c 190, §5; am L 1989, c 204, §5; am L 1990, c 205, §3; am L 1997, c 40, §12]
Case Notes
Cited: 38 H. 584, 586 (1950).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-14 Examination.

§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 for a license to practice massage shall be conducted under rules prescribed by the board and shall consist of a written examination which is not confined to any specific system or method and which is consistent with the practical and theoretical requirements of the occupation as provided by this chapter. [L 1947, c 192, §14; RL 1955, §63-14; HRS §452-14; am L 1980, c 208, §16; am L 1986, c 99, §6 and c 310, §3; am L 1987, c 190, §6; am L 1988, c 157, §1]
Cross References
Disposal of examination papers, see §94-5.
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-15 Licenses.

§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 entitled to follow the practice stipulated therein as prescribed in this chapter. The license shall not be transferable and shall be conspicuously displayed in the place of business or employment. [L 1947, c 192, §15; RL 1955, §63-15; HRS §452-15; am L 1980, c 208, §17; am L 1981, c 65, §6; am L 1984, c 7, §35; am L 1986, c 99, §7; gen ch 1992]
Case Notes
Cited: 38 H. 584, 586 (1950).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-16 Renewal of license; fees; continuing education.

§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 an application therefor, accompanied by a renewal fee and submitting proof of compliance with the continuing education requirements established by subsection (b). The application shall be made between May 1 and June 30 of each even-numbered year. Failure to apply for renewal as provided in this section shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after expiration upon the filing of an application in the same manner, submitting proof of compliance with the continuing education requirements established by subsection (b), and payment of a penalty fee in addition to all delinquent fees. Thereafter, the person shall apply as a new applicant and the board may require the person to take and pass the examination and satisfy all requirements for the examination, including training, if the board is not satisfied that the person possesses current knowledge and skills for the practice of massage therapy.
(b) Beginning with the renewal for the licensing biennium commencing on July 1, 2024, and every biennial renewal thereafter, each massage therapist licensee shall submit proof of having completed twelve hours of continuing education within the two-year period preceding the renewal date, of which two hours shall include first aid, cardiopulmonary resuscitation, or other emergency-related courses. The board shall adopt rules relating to the requirements and standards that continuing education programs shall meet to obtain recognition and approval from the board.
(c) The board may conduct random audits of licensees to determine compliance with the continuing education requirements of subsection (b). The board shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirements established by subsection (b). [L 1947, c 192, §16; am L 1949, c 97, §2; RL 1955, §63-16; HRS §452-16; am L 1975, c 118, §16; am L 1980, c 208, §18; am L 1984, c 7, §36; am L 1985, c 95, §3; am L 1989, c 204, §6; am L 1990, c 205, §4; am L 1997, c 42, §1; am L 2021, c 102, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-17 Fees.

§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 affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o).
(b) Every applicant who is required by the board to be examined shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91. The examination fee may be paid directly to the testing agency by the director or the examinee or deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o). [L 1947, c 192, §17; RL 1955, §63-17; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, § §14, 15; am L 1961, c 184, §9; am L 1963, c 114, § §1, 3; HRS §452-17; am L 1980, c 208, §19; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §37; am L 1986, c 99, §8; am L 1997, c 232, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-18 Sanitary rule.

§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 1, §19; HRS §452-18; am L 2020, c 64, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-19 Penalties.

§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 this chapter, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor. [L 1947, c 192, §19; RL 1955, §63-19; HRS §452-19; am L 1980, c 208, §20; am L 1981, c 65, §7; am L 1985, c 95, §4; am L 1990, c 205, §5; am L 2020, c 64, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-21 To whom provisions in this chapter shall not apply.

§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 arts, nor services by barbers, hairdressers, cosmeticians, and cosmetologists lawfully carrying on their particular profession or business under any existing law of this State. [L 1947, c 192, §21; RL 1955, §63-21; HRS §452-21; am L 1980, c 208, §22]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-23.5 Citation for licensee violations; fines.

§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 by the board, or is designated the principal massage therapist by the massage therapy establishment, for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
(1) Failure of a massage therapy establishment, during all hours of operation, to conspicuously display a current massage therapy establishment license and the current licenses and permits of all persons employed by the massage therapy establishment who engage in the practice of massage therapy;
(2) Failure of a principal massage therapist to ensure that every massage therapist apprentice who engages in the practice of massage therapy at the massage therapy establishment wears a conspicuously placed name tag stating the massage therapist apprentice's name and the word "apprentice" during all hours of operation;
(3) Operation of a massage therapy establishment without the presence of a principal massage therapist or a licensed designee during all hours of operation; or
(4) Failure of a massage therapist or massage therapy establishment to include the respective massage therapist's or massage therapy establishment's current license number in any advertisement pursuant to section 452-23(b).
(b) Each citation:
(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;
(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation;
(3) Shall be served on the licensee by personal service; and
(4) Shall inform the licensee that the licensee may submit a written request to the board for a hearing to contest the citation, within twenty calendar days from the service of the citation.
(c) If the licensee timely submits a written request to the board for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.
(d) If the licensee does not timely submit a written request to the board for a hearing, the citation shall be deemed a final order of the board.
(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action by the board. [L 2016, c 146, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-24 Disciplinary actions.

§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 any cause authorized by law, including but not limited to the following:
(1) Procuring a license through fraud, misrepresentation, or deceit or permitting an unlicensed person to perform activities which require a license under this chapter;
(2) Conviction of any crime involving moral turpitude;
(3) Practicing massage while the ability to practice is impaired by alcohol, drugs, physical disability, or mental instability;
(4) Failure to display a license as provided in this chapter;
(5) Professional misconduct, gross carelessness, or manifest incapacity in the practice of massage;
(6) Violating this chapter or the rules adopted pursuant thereto;
(7) Failing to comply with a board order;
(8) Any other conduct constituting fraudulent or dishonest dealings;
(9) Making a false statement on any document submitted or required to be filed by this chapter; or
(10) Any representation, or the use of any designation, which states or implies that the person is able to perform a technique of massage which the person is not trained to perform.
(b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant thereto shall be fined not less than $250 nor more than $2,000 for each violation. [L 1986, c 99, §1 and c 310, §2; am L 1992, c 202, §97; am L 2020, c 64, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 452. Massage › 452-25 Right of injunction.

§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]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-1 Practice of medicine defined.

Revision Note
Part heading added by revisor.
§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 interpretation of tests, including primary diagnosis of pathology specimens, medical imaging, or any physical; osteopathic medicine; any means, method, or agent, either tangible or intangible, to diagnose, treat, prescribe for, palliate, or correct disease, or prevent any human disease, condition, ailment, pain, injury, deformity, illness, infirmity, defect, physical or mental condition in the human subject.
This section shall not amend or repeal the law respecting the treatment of those affected with Hansen's disease. [L 1896, c 60, §2; am L 1909, c 133, §1; RL 1925, §1023; RL 1935, §1201; RL 1945, §2502; am L 1949, c 53, §29 and c 63, §1; RL 1955, §64-1; am L 1965, c 218, §1; HRS §453-1; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; gen ch 1985; am L 2008, c 5, §1; am L 2021, c 97, §2]
Cross References
Determination of death, see §327C-1.
Attorney General Opinions
Medical acupuncture is not sufficiently distinct from traditional acupuncture so as to fall outside the scope of the practice of acupuncture. Physicians licensed by board of medical examiners cannot practice medical acupuncture absent licensure by board of acupuncture. Att. Gen. Op. 03-5.
Law Journals and Reviews
Should The Right To Die Be Protected? Physician Assisted Suicide And Its Potential Effect On Hawai €˜i. 19 UH L. Rev. 783 (1997).
Physician Assisted Suicide: Expanding the Laboratory to the State of Hawai €˜i. 29 UH L. Rev. 269 (2006).
Case Notes
"Practice" defined. 21 H. 465 (1913).
Decision of private hospitals concerning granting of staff privileges to licensed doctors is subject to judicial review if hospital has received government funds. 53 H. 475, 497 P.2d 564 (1972).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 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 patient's prior or current chemical dependency or addiction, and may include standards and procedures for chemically dependent individuals. [L 2004, c 189, §2; am L 2008, c 5, §2 and c 9, §3]

§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 patient's prior or current chemical dependency or addiction, and may include standards and procedures for chemically dependent individuals. [L 2004, c 189, §2; am L 2008, c 5, §2 and c 9, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-2.5 Traveling team physicians; exemption.

§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:
(1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in the State; provided that:
(A) The physician's practice is limited to that required by the bona fide national sport governing body, intercollegiate league, or professional league;
(B) The services provided by the physician are within the physician's scope of practice; and
(C) The physician has notified the Hawaii medical board of the date the physician intends to enter and practice in the State before the physician enters the State; or
(2) The physician has been invited by a bona fide national sport governing body, intercollegiate league, or professional league to provide services to team members and coaching staff at a bona fide national sport training center in the State or to provide services at an event or competition in the State that is sanctioned by the bona fide national sport governing body, intercollegiate league, or professional league; provided that:
(A) The physician's practice is limited to that required by the bona fide national sport governing body, intercollegiate league, or professional league;
(B) The services provided by the physician are within the physician's scope of practice; and
(C) The physician has notified the Hawaii medical board of the date the physician intends to enter and practice in the State before the physician enters the State.
(b) Nothing in this section shall be construed to permit a physician exempted by this section to:
(1) Provide care or consultation to any person residing in the State, other than a person specified in subsection (a); or
(2) Practice at a licensed health care facility in the State.
(c) Except as otherwise provided in this subsection, an exemption pursuant to subsection (a)(1) shall be valid while the physician is traveling with the sports team, but shall be no longer than ten days per individual sporting event. Upon application to the Hawaii medical board and for good cause shown, the Hawaii medical board may extend the time period in this subsection up to twenty days per individual sporting event, for a total of thirty days; provided that no physician shall be granted extensions that total more than thirty days in a calendar year.
(d) An exemption pursuant to subsection (a)(2) shall be valid during the time certified by the bona fide national sport governing body, intercollegiate league, or professional league; provided that no exemption shall be valid for more than thirty days.
(e) The Hawaii medical board may enter into agreements with medical and osteopathic licensing boards of other states to implement this section. Agreements may include procedures for reporting potential medical license violations. [L 2023, c 106, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-3.5 Training replacement temporary license.

§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 enable specialized training at an out-of-state fully accredited medical teaching institution; provided that the out-of-state physician or osteopathic physician:
(1) Is board certified by the American Board of Medical Specialties or Bureau of Osteopathic Specialties in the subspecialty in which the Hawaii physician or osteopathic physician is seeking training;
(2) Is a member of the teaching faculty of the accredited medical teaching institution;
(3) Has an unrestricted license in another state;
(4) Has been invited by the chief of a clinical department of a hospital; and
(5) Has been examined and approved by the hospital's credential process.
The limited and temporary license issued under this section shall expire upon notification of the board by the Hawaii-licensed physician or osteopathic physician that the physician or osteopathic physician has resumed the physician's or osteopathic physician's practice in this State. Licenses and extensions of licenses issued under this section to an individual shall not be valid for more than nine months during any consecutive twenty-four month period.
(b) The chief of the clinical department in which the out-of-state physician or osteopathic physician will practice shall submit a letter to the board that shall include, without limitation, the following:
(1) Identification and documentation of unrestricted license for the applicant for the specialty training license;
(2) A statement that the hospital is sponsoring the applicant, and shall be responsible for monitoring the individual physician or osteopathic physician during the period of the temporary license;
(3) Verification of the start and end dates for the requested temporary license; and
(4) Verification that the chief of the clinical department is a licensed physician or osteopathic physician of this State.
(c) The holder of a specialty training license shall obey and be subject to all laws and rules of this State.
[L 1997, c 364, §2; am L 2008, c 5, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-4.5 Foreign medical graduates; alternative qualifications.

§453-4.5 Foreign medical graduates; alternative qualifications.
Notwithstanding section 453-4(b)(2)(B), a graduate of a foreign medical school who has passed the Federation Licensing Examination (FLEX) or the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, with scores deemed satisfactory to the board, passed the qualifying examination of the Educational Commission for Foreign Medical Graduates prior to 1984, and has at least three years of medical training or experience in a hospital approved by the Council on Medical Education and Hospitals of the American Medical Association for internship or residency may be licensed by the Hawaii medical board under section 453-4(c). [L 1988, c 133, §1; am L 1993, c 164, §2; am L 2008, c 9, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-4.6 Licensure by endorsement.

§453-4.6 Licensure by endorsement.
(a) The board may issue a license by endorsement to a physician, surgeon, or osteopathic physician if:
(1) The applicant:
(A) Files an application and pays fees as prescribed by the board;
(B) Holds a current, unencumbered, active license in a jurisdiction that requires qualifications substantially equivalent to or greater than the qualifications for licensure in this State as specified in section 453-4; and
(C) Submits proof satisfactory to the board that the applicant has actively practiced medicine in another jurisdiction for at least two of the immediate preceding five years; and
(2) The board determines that no disciplinary action has been taken by any medical licensing authority and the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitute evidence of a pattern of negligence or incompetence.
(b) The board may require an applicant seeking licensure by endorsement to take and pass the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable-Purpose Examination €“ USA (COMVEX-USA) to assist the board in determining the applicant's ability to safely and competently engage in the practice of medicine. [L 2018, c 44, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-5 Hawaii medical board; appointment, removal, qualifications.

§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 chapter, "board" means the Hawaii medical board.
The board shall consist of eleven persons, seven of whom shall be physicians or surgeons licensed under the laws of the State, two of whom shall be osteopathic physicians licensed under the laws of the State, and two of whom shall be lay members appointed from the public at large. Of the nine members who are physicians, surgeons, or osteopathic physicians, at least five shall be appointed from the city and county of Honolulu and at least one shall be appointed from each of the other counties. Medical societies in the various counties may conduct elections periodically but no less frequently than every two years to determine nominees for the board to be submitted to the governor. In making appointments, the governor may consider recommendations submitted by the medical societies and the public at large. Each member shall serve until a successor is appointed and qualified.
(b) The department shall employ, not subject to chapter 76, an executive secretary to administer the board's activities and an employee to administer the medical inquiry and conciliation panels established under chapter 671. The employee responsible for administration of the medical inquiry and conciliation panels shall have no duties in administration of the board's activities. [L 1896, c 60, §4; RL 1925, §1025; RL 1935, §1204; RL 1945, §2504; am L 1953, c 86, §1; RL 1955, §64-4; am L Sp 1959 2d, c 1, § §5, 19; HRS §453-5; am L 1969, c 257, §4; am L 1976, c 219, §8; am L 1982, c 204, §8; am L 1983, c 92, pt of §1(2); am L 1984, c 168, §10; am L 1985, c 106, §1; am L 1992, c 202, §98; am L 1999, c 248, §3; am L 2000, c 253, §150; am L 2008, c 9, §2; am L 2012, c 296, §2]
Attorney General Opinions
Subsection (a) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.
Law Journals and Reviews
Medical Malpractice in Hawai €˜i: Tort Crisis or Crisis of Medical Errors? 30 UH L. Rev. 167 (2007).
Case Notes
De facto officers' actions are not subject to collateral attack. 15 H. 273 (1903).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-5.1 Powers and duties of board.

§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:
(1) To adopt rules, pursuant to chapter 91; and
(2) To enforce this chapter and rules adopted pursuant thereto. [L 1977, c 107, §1; ree L 1983, c 92, pt of §1(3); am L 1992, c 202, §99; am L 2008, c 9, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-5.4 Physician assistant advisory committee.

§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 assistants, and review and recommend revisions of the physician assistant regulations.
The chairperson of the committee shall be the representative for the committee members to the Hawaii medical board for the purpose of providing input to the board from the physician assistant's perspective on issues and concerns, including complaints and requests, regarding physician assistants. The chairperson shall not be a member of the Hawaii medical board to avoid conflict of interests. [L 1993, c 183, §3; am L 1999, c 90, §4; am L 2008, c 9, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-5.5 Physician assistant; authority to sign documents.

§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 authority to sign the following documents:
(1) Certification of psychiatric medical condition of the parents of a child applicant for aid from the temporary assistance for needy families program;
(2) Evaluation forms for Hansen's disease patients;
(3) Orders for physical therapy and plans of care;
(4) Pharmacist orders to assist in monitoring and management of anticoagulation anemia and atrial fibrillation;
(5) Orders for speech therapy and plans of care;
(6) Applications for bracelets indicating compassionate care only;
(7) Admissions applications for foster homes;
(8) Dietary consultations forms;
(9) Medicaid application forms for nursing care facility admission;
(10) Orders for occupational therapy and plans of care; and
(11) Orders for respiratory therapy and plans of care. [L 2009, c 151, §2; am L 2022, c 293, §11; am L 2023, c 102, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-6 Fees; expenses.

§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 physician or surgeon holding a license under this chapter shall renew the license with the board no later than January 31 of each even-numbered year. Every osteopathic physician or surgeon holding a license previously issued under chapter 460 and this chapter shall renew the license with the board no later than June 30 of each even-numbered year. Every physician, osteopathic physician, or surgeon shall pay a renewal fee and comply with the category 1 or 1A continuing medical education requirements provided in rules adopted by the board.
(c) A physician, osteopathic physician, or surgeon shall meet the category 1 or 1A continuing medical education requirements by obtaining credit hours in a category 1 or 1A continuing medical education program accredited by the American Medical Association or the American Osteopathic Association or in other approved category 1 or 1A continuing medical education as provided in the board's rules. To determine compliance, the board may conduct a random audit. A physician, osteopathic physician, or surgeon selected for audit shall be notified by the board. Within sixty days of notification, the physician, osteopathic physician, or surgeon shall provide to the board documentation to verify compliance with the category 1 or 1A continuing medical education requirements.
(d) Failure to renew, pay the renewal fee, and, in the case of audited physicians, osteopathic physicians, or surgeons, provide documentation of compliance shall constitute a forfeiture of license, which may be restored only upon the submission of written application therefor, payment to the board of a restoration fee, and, in the case of audited physicians, osteopathic physicians, and surgeons, documentation of compliance.
(e) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required. [L 1896, c 60, §5; am L 1920, c 37, §2; am L 1921, c 14, § §5, 10; RL 1925, §1026; am L 1925, c 26, §3; am imp L 1925, cc 27, 29; RL 1935, §1205; am L 1939, c 183, pt of §1; RL 1945, §2505; RL 1955, §64-5; am L 1957, c 316, §5; am L Sp 1959 2d, c 1, § §14, 15; am L 1961, c 184, §10; am L 1963, c 114, § §1, 3; am L 1965, c 218, §4; HRS §453-6; am L 1971, c 31, §1; am L 1975, c 118, §17; am L 1976, c 219, §9; am L 1983, c 92, §1(4); am L 1985, c 87, §1; am L 1989, c 181, §3; am L 1992, c 202, §100; am L 2001, c 66, §1; am L 2008, c 5, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-7 Form of license.

§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 been found to be possessed of the necessary qualifications, is hereby licensed to practice medicine and surgery in the State of Hawaii.
This license is granted and accepted on the express condition that it may be revoked at any time for any of the causes enumerated in section 453-8, Hawaii Revised Statutes, which cause or causes shall have been proven to the satisfaction of the Hawaii Medical Board.
Given under the seal of the Hawaii Medical Board this .......... day of ..................., A.D. ..........
By .....................
Chairperson, Hawaii Medical Board
The form of temporary and limited license to practice medicine and surgery shall be substantially as follows:
State of Hawaii, Hawaii Medical Board
Limited and Temporary License to Practice
Medicine and Surgery
...................., having been duly considered by the Hawaii Medical Board, and having been found to be possessed of the necessary qualifications, is hereby temporarily licensed to practice medicine and surgery in the State of Hawaii, subject to the following conditions and limitations: ...................
..................................... .......................
This temporary and limited license is granted and accepted on the express condition that it may be revoked at any time for any of the causes enumerated in section 453-8, Hawaii Revised Statutes, or for any violation of the conditions and limitations contained herein.
Given under the seal of the Hawaii Medical Board this .......... day of ...................., A.D. ....................
By .....................
Chairperson, Hawaii Medical Board
[L 1896, c 60, §9; RL 1925, §1027; am L 1925, c 26, §4; RL 1935, §1206; am L 1939, c 183, pt of §1; RL 1945, §2506; RL 1955, §64-6; am L 1963, c 59, §1; am L 1965, c 218, §5; HRS §453-7; am L 1969, c 257, §5; am L 1983, c 92, pt of §1(5); gen ch 1993; am L 2008, c 9, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-7.5 Review of complaints and information by department.

§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 investigate the complaint, inquiry, or information if it appears that the physician or osteopathic physician who is the subject of the complaint, inquiry, or information has violated this chapter. If the department determines that the physician or osteopathic physician has violated this chapter, the department shall present the results of its investigation to the Hawaii medical board for appropriate disciplinary proceedings.
(b) Reports of adverse decisions of peer review committees transmitted to the department under section 663-1.7 shall not be available to public inspection or subject to discovery and shall be held confidential by the department; provided that:
(1) A written affirmative or negative reply may be given to a written inquiry by a hospital or health care facility as to whether a report of an adverse decision is on file with the department; and
(2) A subpoenaed report shall be subject to the requirements under section 453-17. [L 1984, c 168, pt of §1; am L 2008, c 5, §10 and c 9, §3; am L 2012, c 296, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-8.1 Voluntary limitation of license.

§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 whether and when the limitation shall be removed. [L 1976, c 219, pt of §14; am L 1983, c 92, pt of §1(6); am L 2008, c 5, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-8.2 Disciplinary action.

§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:
(1) Place the licensee on probation, including conditions of probation as requiring observation of the licensee by an appropriate group or society of licensed physicians, osteopathic physicians, or surgeons;
(2) Suspend the license;
(3) Revoke the license;
(4) Limit the license by restricting the fields of practice in which the licensee may engage;
(5) Fine the licensee, including assessment against the licensee of the costs of the disciplinary proceedings. Any fine imposed by the board after a hearing in accordance with chapter 91 shall be not less than $500 and not more than $5,000 for each violation, exclusive of the costs of the disciplinary proceedings;
(6) Require further education or training, or require proof of performance competency; or
(7) Censure or reprimand.
(b) Unless otherwise expressly provided, the actions, remedies, or penalties provided by this chapter are cumulative to each other and to the actions, remedies, or penalties available under all other laws of this State. [L 1976, c 219, pt of §14; am L 1983, c 92, pt of §1(6); am L 1986, c 144, §3; am L 1992, c 202, §102; am L 2004, c 26, §1; am L 2008, c 5, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 453. Medicine and Surgery › 453-8.7 Reporting requirements.

§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 caused by negligence, error, or omission in practice, or the unauthorized rendering of professional services. The report shall be submitted to the department of commerce and consumer affairs within thirty days after any written settlement agreement has been reduced to writing and signed by all the parties thereto or thirty days after service of the arbitration award on the parties.
(b) Failure of a physician or osteopathic physician to comply with the provisions of this section is an offense punishable by a fine of not less than $100 for the first offense, $250 to $500 for the second offense, and $500 to $1,000 for subsequent offenses.
(c) The clerks of the respective courts of this State shall report to the department any judgment or other determination of the court, which adjudges or finds that a physician or osteopathic physician is liable criminally or civilly for any death or personal injury caused by the physician's or osteopathic physician's professional negligence, error, or omission in the practice of the physician's or osteopathic physician's profession, or rendering of unauthorized professional services. The report shall be submitted to the department within ten days after the judgment is entered by the court.
(d) The department shall prescribe forms for the submission of reports required by this section. [L 1982, c 227, pt of §1; am L 1983, c 92, §1(8); am L 1984, c 168, §12; am L 2008, c 5, §14]