reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 2 - APPLICATIONS › Section 16-84-8 - Apprenticeship application

Current through June, 2024
Any person seeking registration to practice as a massage
				  apprentice must apply on a form or forms prescribed by the board, and shall
				  submit a letter of agreement from the sponsoring massage therapist indicating
				  the starting date of the practical phase of the apprenticeship program and the
				  number of hours per week the applicant will be directly supervised by the
				  sponsoring massage therapist and training program to be subject to board's
				  approval.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 3 - PRINCIPAL MASSAGE THERAPIST › Section 16-84-11 - Requirements for principal massage therapist

Current through June, 2024
(a) The principal
				massage therapist shall be responsible for maintaining a file at the office of
				the board, containing the name and address of the massage establishment, any
				out-call massage service, the names, nicknames, license numbers, and current
				residence addresses of all massage therapists employed by the massage
				establishment and out-call massage service. The principal massage therapist
				shall notify the board in writing of all changes in addresses and in personnel
				(massage therapists and apprentices) within forty-eight hours of the change.
				Upon acceptance of an apprentice, the principal massage therapist shall fill in
				the space allotted for the action on the back of the apprentice's permit. The
				principal massage therapist shall notify the board of any action within the
				required time.
(b) The principal
				massage therapist shall be responsible for the conduct of all massage
				therapists, apprentices, and any other persons affiliated or connected with the
				massage establishment while those persons are within the premises of the
				massage establishment.
(c) To
				qualify as a principal massage therapist, a person must be licensed.
(d) The principal massage therapist shall be
				responsible for all lascivious conduct, lewdness, or any sexual act conducted
				by any person in the massage establishment.
(e) The principal massage therapist shall
				insure that every apprentice wears a conspicuously placed name tag stating the
				name, and the word "apprentice." The word "apprentice" shall have letters at
				least one-third inch high.
(f) The
				principal massage therapist, at the end of the apprentice's training program or
				termination of sponsor's letter of agreement, shall ensure that the sponsoring
				massage therapist completes a written report for the apprentice. The report
				shall contain the number of hours of training and indicate specifically what
				type of practical massage techniques were taught to the apprentice under the
				supervision of the sponsoring massage therapist.
(g) The principal massage therapist shall
				notify all customers when they are to be massaged by an apprentice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 5 - REVOCATION › Section 16-84-19 - Suspension and revocation of licenses

Current through June, 2024
Any establishment or an out-call massage service license, a
				  principal massage therapist registration, a massage therapist license, or an
				  apprentice permit may be suspended or revoked upon any one of the following
				  grounds:
(1) Falsification or
				misrepresentation in the application for a license, registration, or
				permit;
(2) Practicing massage
				under a false name or name other than that on the license or apprentice
				permit;
(3) Use of untrue,
				fraudulent, misleading, or deceptive advertising, or of any form or manner of
				advertising which may directly or indirectly suggest sexual or immoral
				acts;
(4) Abandoning an
				establishment or an out-call massage service without prior notice to the
				board;
(5) Violation of any law or
				rule concerning or affecting the practice of massage, including any provision
				of chapter
				452,
				HRS, or this chapter;
(6)
				Prescribing, administering, or making recommendations as to medication or
				injection therapy;
(7) Stating or
				implying through any newspaper, magazine, directory, pamphlet, poster, card,
				circular, or other writing or publication or by any advertisement, that the
				registrant, has cured, can cure, or guarantees to cure, or has successfully
				treated any disease, defect, or deformity;
(8) Participating in or using the
				establishment for any lascivious conduct, lewdness, or any sexual
				act;
(9) Teaching the practical
				application of body massage without the proper qualification as outlined in
				this chapter; and
(10) Causing
				bodily injury by carelessness or negligence as a result of practicing
				massage.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 7 - EXAMINATION › Section 16-84-27 - Examination requirements

Current through June, 2024
(a) An applicant
				for a license to practice massage shall complete an apprenticeship program as
				outlined in section 16-84-23 or the course of study as a massage student
				outlined in section 16-84-48 and pass a written clinical competency examination
				in the English language. The board may contract with professional testing
				services to prepare, administer, and grade the examination. The examination
				shall be designed to test an applicant as follows:
(1) Applicant's knowledge of anatomy,
				physiology, and structural kinesiology; and
(2) Applicant's knowledge of the theory of
				massage.
A passing grade shall be seventy-five points (75.00). An
				  applicant must have a passing grade in order to be licensed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 9 - PRACTICE AND PROCEDURE › Section 16-84-35 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for massage therapists,
				  massage establishments, and out-call massage services shall be as provided in
				  chapter 16-201, the rules of practice and procedure of the department of
				  commerce and consumer affairs which are incorporated by reference and made a
				  part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 10 - ORAL TESTIMONY › Section 16-84-39 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the agenda, provided that the
				testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall so notify the board not later than forty-eight hours prior to
				the meeting, and at that time shall state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall, at the beginning of the testimony,
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 11 - ADVERTISING › Section 16-84-43 - Advertising

Current through June, 2024
(a) Any person advertising as being able to
				perform massage in any form shall have received training in the massage
				technique that is being advertised.
(b) A licensee may advertise as being able to
				perform the type of massage known as Rolfing if the licensee has received basic
				Rolfing training in classes sponsored by the Rolf Institute and been certified
				as a Rolfer and given membership in the institute.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 12 - MASSAGE STUDENTS › Section 16-84-48 - Requirements for massage students

Current through June, 2024
(a) The student
				program shall consist of not less then five hundred seventy hours. In addition,
				the student shall successfully complete a cardiopulmonary resuscitation
				training program.
(b) The
				curriculum of the massage school shall contain the following:
(1) Not less than fifty hours of anatomy,
				physiology, and structural kinesiology:
(2) Not less than one hundred hours of theory
				and demonstration of massage which shall include:
(A) The proper procedure in massaging
				(concerning the protection of both client and massage therapist);
(B) Record keeping;
(C) Hygiene;
(D) Theory;
(E) Technique for specific
				conditions;
(F) Contraindications
				of massage for specific techniques according to conditions;
(G) Draping; and
(H) Assessment of the client's condition and
				the general technique to the applied;
(3) Not less than four hundred and twenty
				hours of practical massage training under the supervision of a teacher in a
				school setting.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-85-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapters
				  453 and 463E, Hawaii Revised Statutes, adopted by the board of medical
				  examiners, hereafter referred to as "board," to the end that the provisions
				  thereunder may be best effectuated and the public interest most effectively
				  protected.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-85-2 - Notification and filing of names, addresses, and changes

Current through June, 2024
Any person holding a license or certificate shall file the
				  person's mailing address with the board and shall immediately notify the board
				  in writing of any and all changes which occur within thirty days of the change.
				  Any requirements that the board provide notice to licensees and certificate
				  holders shall be deemed met if notice is sent to the address on file with the
				  board.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-85-3 - Renewal

Current through June, 2024
All licenses and certificates shall expire on January 31 of
				  the even-numbered year. Before December 1 of the odd-numbered year the board or
				  the board's delegate shall mail to every licensee or certificate holder, except
				  those whose license or certificate has been forfeited, suspended, or revoked, a
				  renewal application to the address of the licensee or certificate holder on
				  record.
Renewal fees paid by mail shall be considered as paid when
				  due if the envelope bears the postmark of January 31 of the even-numbered year
				  or earlier.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-85-4 - Preliminary review and investigation

Current through June, 2024
(a) The board may delegate to the executive
				secretary any of the board's powers the board deems reasonable and proper.
				However, the board shall not delegate the board's powers and duties to:
(1) Adopt, amend, or repeal rules;
(2) Order disciplinary action against a
				licensee or certificate holder; and
(3) Grant, deny, renew, refuse to renew, or
				otherwise condition a license or certificate unless the granting, refusal to
				renew, or conditioning of a license or certificate does not require the
				exercise of the board's expertise and discretion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-85-5 - Fees

Current through June, 2024
(a) The fees for the board of medical
				examiners shall be as adopted by the director in chapter 16-53, after hearing,
				pursuant to chapter
				91, HRS.
(b) The fees, if in the form of a money order
				or check shall be made payable to the department of commerce and consumer
				affairs.
(c) The dishonoring of any
				check upon first deposit shall be considered a failure to meet
				requirements.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 2 - PHYSICIANS' APPLICATIONS › Section 16-85-7 - Application

Current through June, 2024
(a) An application for license by examination
				or by endorsement shall be made under oath on a form to be provided by the
				board. The form shall require the applicant to provide:
(1) The appropriate fees, including the
				application fee which shall not be refunded;
(2) The applicant's full name;
(3) The applicant's birthplace, and
				birthdate;
(4) A completed
				Federation Discipline Report from the Federation of State Medical
				Boards;
(5) A completed discipline
				report from the National Practioners Data Bank;
(6) A completed profile from the American
				Medical Association;
(7) Evidence
				of passage of the requisite examinations;
(8) If a graduate of a medical school
				accredited by the Liaison Committee on Medical Education, evidence of
				graduation from a medical school accredited by the Liaison Committee on Medical
				Education, and evidence of having served, for at least one year, in a residency
				program accredited by the Accreditation Council for Graduate Medical Education
				(ACGME) or in a program whose standards are equivalent to the ACGME standards
				as determined by the board;
(9) If
				a foreign graduate, evidence that the applicant is a graduate of a foreign
				medical school, has served for at least two years in a residency program
				accredited by the ACGME, and holds the national certificate of the Educational
				Commission for Foreign Medical Graduates, (ECFMG) or the certificate of the
				Fifth Pathway Program of the American Medical Association;
(10) Evaluation reports relating to the
				applicant's conduct and competency from every hospital at which the applicant
				has applied for or held consultation or teaching appointments or privileges or
				has been employed in a residency program within the immediate three years
				preceding the application;
(11) If
				applicable, evidence of any licenses held or once held in other jurisdictions
				indicating the status of the license and documenting any disciplinary
				proceedings pending or taken by any jurisdiction;
(12) Information regarding any conviction of
				any crime which has not been annulled or expunged; and
(13) Any other information the board may
				require to investigate the applicant's qualifications for license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 2 - PHYSICIANS' APPLICATIONS › Section 16-85-8 - Examination and reexamination

Current through June, 2024
(a) An applicant for licensure shall take and
				pass the National Board of Medical Examiners (NBME), or the Federation
				Licensing Examination (FLEX), or the three steps of the United States Medical
				Licensing Examination (USMLE), or an approved combination of these
				examinations.
(b) Approved
				combinations prior to the year 2000 are as follows:
(1) Each part of the NBME may be credited for
				the corresponding step of the USMLE;
(2) FLEX component 1 may be credited for
				steps 1 and 2 of the USMLE; and
(3)
				FLEX component 2 may be credited for step 3 of the USMLE.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 2 - PHYSICIANS' APPLICATIONS › Section 16-85-9 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 2 - PHYSICIANS' APPLICATIONS › Section 16-85-10 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 2 - PHYSICIANS' APPLICATIONS › Section 16-85-11 - Limited and temporary license

Current through June, 2024
(a) Absence or shortage of licensed
				physicians:
(1) "Absence or shortage of
				licensed physician in a particular locality" means that a physician is not
				available to provide adequate medical care in a certain area of the
				State;
(2) The board shall consider
				a certified statement from the respective county medical society as evidence of
				"absence or shortage" of physicians when it is corroborated by a board member;
				and
(3) The license shall be valid
				for a period of eighteen months from the date of issuance and shall not be
				renewed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 2 - PHYSICIANS' APPLICATIONS › Section 16-85-12 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 3 - REPEALED › Section 16-85-15 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 3 - REPEALED › Section 16-85-16 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 3 - REPEALED › Section 16-85-17 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 3 - REPEALED › Section 16-85-18 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 3 - REPEALED › Section 16-85-19 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 3 - REPEALED › Section 16-85-20 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 4 - INFORMED CONSENT › Section 16-85-24 - Authority and purpose

Current through June, 2024
The rules in this subchapter are adopted pursuant to
				  authority granted by section
				  671-3, HRS, and
				  are intended to effectuate the purpose of that section. The board has
				  determined that it is not practicable to set standards that include the
				  substantive content of the information to be given a patient to insure that a
				  patient's consent to treatment is an informed consent.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 4 - INFORMED CONSENT › Section 16-85-25 - General standards for categories of information

Current through June, 2024
(a) Except as provided in subsection (b),
				where standards of medical practice indicate that a health care provider should
				provide the patient, or the patient's guardian, with information prior to
				obtaining consent for proposed medical or surgical treatment, or for a
				diagnostic procedure, information satisfying the following categories shall be
				supplied to the patient or the patient's guardian:
(1) The condition to be treated or the
				suspected existence of which is the indication for a diagnostic
				procedure;
(2) A description of the
				proposed medical or surgical treatment or diagnostic procedure;
(3) The intended and anticipated
				result;
(4) The recognized
				alternative treatments or diagnostic procedures, including the option of not
				providing treatment or performing the diagnostic procedure;
(5) The recognized substantial risks of
				serious complication or mortality associated with the proposed treatment or
				diagnostic procedure, with the recognized alternative treatments or diagnostic
				procedures, and with not undertaking treatment or diagnosis; and
(6) The recognized benefits of the proposed
				treatment or diagnostic procedure, of recognized alternative treatments or
				diagnostic procedures, and of not undertaking treatment or diagnosis.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 4 - INFORMED CONSENT › Section 16-85-26 - Manner of disclosure

Current through June, 2024
The information to be disclosed may be presented in writing,
				  orally, or by means of audio visual aids, and shall be in language the patient
				  or guardian can reasonably be expected to understand; provided that any written
				  form of consent need not be in a language other than English.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 4 - INFORMED CONSENT › Section 16-85-27 - Refusal of information

Current through June, 2024
A patient may elect not to be given any part or all of the
				  information that would otherwise be provided in accordance with section
				  16-85-25.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 4 - INFORMED CONSENT › Section 16-85-28 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 4 - INFORMED CONSENT › Section 16-85-29 - Breast cancer treatment guidelines

Current through June, 2024
The board adopted "Breast Cancer Treatment Alternatives"
				  developed by the Hawaii Medical Association and the American Cancer Society as
				  they existed on September 15, 1993 to establish standards for health care
				  providers to follow in giving information to a patient or a patient's guardian,
				  to ensure that the patient's consent to the performance of a mastectomy is an
				  informed consent.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-32 - Authority and purpose

Current through June, 2024
The rules in this part are adopted pursuant to authority
				  granted by section
				  453-5.1,
				  HRS, and are intended to effectuate the provisions of section
				  453-6, HRS,
				  relating to the requirement for continuing medical education
				  (CME).
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-32.5 - Definition

Current through June, 2024
Whenever used in this subchapter, unless the context
				  otherwise provides:
"Continuing medical education" or "CME" means educational
				  activities which serve to maintain, develop, or increase the knowledge, skills,
				  and professional performance and relationships that a physician uses to provide
				  services for patients, the public, or the profession. The content of CME is
				  that body of knowledge and skills generally recognized and accepted by the
				  medical profession as within the basic medical sciences, the discipline of
				  clinical medicine, and the provision of health care to the
				  public.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-33 - Biennial renewal

Current through June, 2024
At the time of the biennial renewal, not later than January
				  31 in each even-numbered year, each licensee shall have completed the CME
				  requirements of section
				  16-85-34 for the two calendar
				  years preceding the renewal date as follows:
(1) Licensees initially licensed in the first
				year of the biennium shall have completed twenty category 1 CME hours and
				thirty category 2 CME hours, or fifty category 1 CME hours;
(2) Licensees initially licensed in the
				second year of the biennium shall not be required to complete any CME hours;
				and
(3) All other licensees, except
				licensees who were issued limited and temporary licenses, shall have completed
				forty category 1 CME hours, and sixty category 2 CME hours, or one hundred
				category 1 CME hours.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-33.5 - Annual renewal

Current through June, 2024
Annually, not later than January 31, all licensees who were
				  issued limited and temporary licenses under section
				  453-3(2),
				  HRS, shall have completed twenty category 1 CME hours and thirty category 2 CME
				  hours, or fifty category 1 CME hours in the calendar year immediately preceding
				  the annual renewal date.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-34 - Approved CME

Current through June, 2024
(a) Licensees may comply with the one hundred
				biennial hours CME requirements by:
(1)
				Having a current American Medical Association Physician Recognition Award
				(PRA); or
(2) Holding certification
				that the licensee has met the CME requirements of a medical or specialty
				society which has reciprocal arrangements with the American Medical
				Association's Council on Medical Education (ACCME).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-35 - Record keeping

Current through June, 2024
(a) In order for a licensee to obtain credit
				for CME activities in category 1, the sponsoring organization shall:
(1) Maintain accurate records of the names of
				all licensees attending or participating;
(2) Record accurately in such records the
				exact number of hours of such attendance or participation;
(3) Make available to the licensee who has
				attended or participated in any CME activities under the auspices of the
				sponsor, or to anyone designated by the sponsor, the records or pertinent parts
				thereof, requested by the licensee for examination or audit; and
(4) Maintain records in compliance with all
				applicable accreditation requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-36 - CME hours; definition

Current through June, 2024
Except as specifically provided otherwise, one clock hour
				  spent satisfying the requirements of any category of CME activities shall equal
				  one credit hour for the purpose of satisfying the CME credit hour requirements.
				  For category 1 and category 2 credits, the sponsoring organization shall
				  specify the credit hours to be credited for the activity, provided that the
				  credit hours specified for an activity shall not exceed the clock hours spent
				  engaged in the activity.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-37 - Certification of compliance

Current through June, 2024
At the time of renewal, each licensee shall certify on a
				  form provided by the board, that the licensee has complied with the CME
				  requirements as set forth herein. The certification shall be under oath if
				  required by the board. The board may require any licensee to submit, in
				  addition to the certification, further evidence satisfactory to the board
				  demonstrating compliance with the CME requirements set forth
				  herein.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-38 - False certification; penalty

Current through June, 2024
A false certification to the board by a licensee shall be
				  deemed a violation of sections
				  453-8(a)(9),
				  (10), and (15), HRS, and subject the licensee
				  to disciplinary proceedings.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-39 - Waiver or modification of requirements

Current through June, 2024
Any licensee seeking renewal of license without full
				  compliance with the CME requirements shall submit with the renewal application,
				  the required fee, a notarized affidavit setting forth the facts explaining the
				  reasons for noncompliance, and a request for waiver or modification on the
				  basis of the facts. The board shall consider each case on an individual basis
				  and may grant waiver or modification of the requirements based on:
(1) Practice in isolated geographical areas
				with an absence of opportunities for CME by taped programs or otherwise;
				or
(2) Inability to devote
				sufficient hours to CME because of incapacity, undue hardship, or any other
				extenuating circumstances.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 5 - CONTINUING MEDICAL EDUCATION › Section 16-85-40 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-44 - Authority and purpose

Current through June, 2024
The purpose of this subchapter is to implement section
				  453-5.3,
				  HRS, which delegates to the board of medical examiners the responsibility to
				  adopt rules regarding standards of medical education and training governing
				  physician assistants, such standards to equal but not be limited by existing
				  national education and training standards, and the degree of supervision
				  required by a supervising physician.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-44.5 - Definition

Current through June, 2024
As used in this subchapter:
"Physician assistant" means an individual who has been
				  certified by the board to practice medicine with physician supervision. A
				  physician assistant may perform those duties and responsibilities delegated by
				  the physician assistant's supervising physician.
"Supervising physician" means a physician or group of
				  physicians or an osteopathic physician and surgeon licensed to practice
				  medicine and surgery in this State who accepts the responsibility for the
				  supervision of services rendered by physician assistants. The supervising
				  physician shall direct and exercise supervision at all times.
"Supervision" means overseeing the activities of, and
				  accepting responsibility for, the medical services rendered by a physician
				  assistant. Supervision shall be continuous but shall not be construed as
				  necessarily requiring the physical presence of the supervising physician at the
				  time and place the services are rendered.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-45 - Education

Current through June, 2024
All physician assistant educational programs approved and
				  accredited by the American Medical Association's Committee on Allied Health
				  Education and Accreditations, or its successor agency shall be approved by the
				  board of medical examiners.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-46 - Certification application

Current through June, 2024
(a) An application for certification shall be
				made under oath on a form to be provided by the board. The form may require the
				applicant to provide:
(1) The appropriate
				fees including the application fee which shall not be refunded;
(2) The applicant's full name;
(3) Evidence of graduation from a board
				approved school or training program;
(4) Evidence of passage of the national
				certification examination developed by the National Commission on Certification
				of Physician's Assistants (NCCPA);
(5) Evidence of current NCCPA
				certification;
(6) Information
				regarding any conviction of any crime which has not been annulled or
				expunged;
(7) A completed
				Federation Discipline Report from the Federation of State Medical
				Boards;
(8) If applicable, evidence
				of any certifications held or once held in other jurisdictions indicating the
				status of the certification and documenting any disciplinary action;
(9) Any other information the board may
				require to investigate the applicant's qualifications for
				certification;
(10) A statement
				signed by the licensed physician or group of physicians, as the case may be,
				stating that the physician or group of physicians will direct and supervise the
				physician assistant and that the physician assistant will be considered the
				agent of the physician or group of physicians; and
(11) The name of the employer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-47 - Certification document and identification

Current through June, 2024
(a) Upon approval of the application, the
				board shall issue a physician assistant certificate which recognizes that the
				applicant is competent to perform under appropriate supervision those duties
				and functions specifically delegated to the applicant by a physician or group
				of physicians. The certificate is subject to biennial renewal, and the
				appropriate fees shall be paid to maintain current certification.
(b) A physician assistant who meets all
				requirements for certification but who is not employed as a physician assistant
				shall be certified on an inactive status.
(c) The physician assistants shall introduce
				themselves as physician assistants to all patients for whom the physician
				assistants may provide services.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-48 - Renewal

Current through June, 2024
To be eligible for renewal of physician assistant
				  certification, the physician assistant shall maintain national certification by
				  the NCCPA.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-49.1 - Scope of practice

Current through June, 2024
(a) A physician assistant shall be considered
				the agents of the physician assistant's supervising physician in the
				performance of all practice-related activities as established in writing by the
				employer.
(b) Medical services
				rendered by the physician assistants may include, but are not limited to:
(1) Obtaining patient histories and
				performing physical examinations;
(2) Ordering, interpreting, or performing
				diagnostic and therapeutic procedures;
(3) Formulating a diagnosis;
(4) Developing and implementing a treatment
				plan;
(5) Monitoring the
				effectiveness of therapeutic interventions;
(6) Assisting at surgery;
(7) Offering counseling and education to meet
				patient needs; and
(8) Making
				appropriate referrals.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-50 - Automatic inactivation for failing to be under supervision; restoration

Current through June, 2024
(a) Certification shall be automatically
				inactivated if the physician assistant is no longer supervised by a physician
				or group of physicians.
(b)
				Certification may be reactivated provided the applicant pays all applicable
				fees, including renewal fees as applicable, and submits:
(1) A statement signed by the licensed
				physician or group of physicians, as the case may be, who will direct and
				supervise the physician assistant;
(2) The name of the hospital or clinic
				employing the physician assistant if appropriate; and
(3) Evidence of current certification by the
				NCCPA.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-51 - Revocation, limitation, suspension, or denial of certification

Current through June, 2024
Any certification to practice as a physician assistant may
				  be revoked, limited, or suspended by the board at any time in accordance with
				  section 16-85-120 or may be denied for any
				  one or more acts listed in chapter
				  453, HRS or this
				  chapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 6 - CERTIFYING PHYSICIAN ASSISTANTS › Section 16-85-52 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-53 - Authority and purpose

Current through June, 2024
The purpose of this subchapter is to implement section
				  453-33, HRS, which
				  delegates to the board the authority to adopt rules regarding certification of
				  individuals as qualified in emergency medical services.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-53.5 - Definitions

Current through June, 2024
As used in this subchapter:
"Advanced life support" shall be defined as provided in
				  chapter
				  321, HRS, and its subsequent
				  amendments which are incorporated into and made a part of this
				  subchapter.
"Basic life support" shall be as provided in chapter
				  321, HRS, and its subsequent
				  amendments which are incorporated into and made a part of this
				  subchapter.
"Designated MEDICOM base station hospital" means a state
				  department of health designated acute care hospital emergency department from
				  which authorized physicians provide medical direction and assistance to
				  emergency medical personnel in the delivery of prehospital emergency medical
				  services.
"Emergency medical technician-basic" or "EMT-Basic," or
				  "EMT-B" means an individual certified by the board to perform basic life
				  support services to a patient at the site of an emergency and in transit to, or
				  between, a medical facility or facilities.
"Emergency medical technician-paramedic" or "EMT-Paramedic,"
				  or "EMT-P" or "paramedic" means an individual certified by the board to perform
				  basic and advanced life support services to a patient at the site of an
				  emergency and in transit to, or between, a medical facility or
				  facilities.
"MEDICOM" means the state department of health two-way radio
				  communications system between dispatch centers, ambulances, and medical
				  facilities.
"Mobile intensive care technician" or "MICT" means an
				  individual certified by the board as an EMT-Paramedic.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-54 - Certification application

Current through June, 2024
(a) There shall be two classes of emergency
				medical service personnel: EMT-B and EMT-P.
(b) An application for certification shall be
				made under oath on a form to be provided by the board and shall require the
				applicant to provide:
(1) For EMT-B
				certification:
(A) The appropriate fees
				including the application fee which shall not be refunded;
(B) The applicant's full name;
(C) Evidence of completion of an EMT-Basic
				course of training which equals or exceeds the curriculum listed in section
				16-85-56;
(D) Evidence of passage
				of the National Registry Emergency Medical Technicians (National Registry)
				EMT-Basic examination;
(E) Evidence
				of current certification from the National Registry of Emergency Medical
				Technicians;
(F) Information
				regarding any conviction of any crime which has not been annulled or expunged;
				and
(G) If applicable, evidence of
				any certifications held or once held in other jurisdictions indicating the
				status of the certification and documenting any disciplinary action;
(H) Any other information the board may
				require to investigate the applicant's qualifications for
				certification.