§453-2  License required; exceptions.  (a) Except as otherwise provided by law, no person shall practice medicine orsurgery in the State, either gratuitously or for pay, or offer to practicemedicine or surgery in the State, or advertise or announce one's self, eitherpublicly or privately, as prepared or qualified to practice medicine or surgeryin the State, or append the letters "Dr.", "M.D.", or"D.O." to one's name with the intent to imply that the person is apractitioner of medicine or surgery, without having a valid unrevoked licenseor a limited and temporary license obtained from the Hawaii medical board.

(b)  Nothing herein shall:

(1)  Apply to so-called Christian Scientists; providedthat the Christian Scientists practice the religious tenets of their churchwithout pretending a knowledge of medicine or surgery;

(2)  Prohibit service in the case of emergency or thedomestic administration of family remedies;

(3)  Apply to any commissioned medical officer in theUnited States armed forces or public health service engaged in the discharge ofone's official duty, nor to any practitioner of medicine and surgery fromanother state when in actual consultation, including in-person, mail,electronic, telephonic, fiber-optic, or other telemedicine consultation with alicensed physician or osteopathic physician of this State, if the physician orosteopathic physician from another state at the time of consultation islicensed to practice in the state in which the physician or osteopathicphysician resides; provided that:

(A)  The physician or osteopathic physicianfrom another state shall not open an office, or appoint a place to meetpatients in this State, or receive calls within the limits of the State for theprovision of care for a patient who is located in this State;

(B)  The licensed physician or osteopathicphysician of this State retains control and remains responsible for theprovision of care for the patient who is located in this State; and

(C)  The laws and rules relating to contagiousdiseases are not violated;

(4)  Prohibit services rendered by any personcertified under part II of this chapter to provide emergency medical services,or any physician assistant, when the services are rendered under the directionand control of a physician or osteopathic physician licensed in this Stateexcept for final refraction resulting in a prescription for spectacles, contactlenses, or visual training as performed by an oculist or optometrist dulylicensed by the State.  The direction and control shall not be construed inevery case to require the personal presence of the supervising and controllingphysician or osteopathic physician.  Any physician or osteopathic physician whoemploys or directs a person certified under part II of this chapter to provideemergency medical services, or a physician assistant, shall retain fullprofessional and personal responsibility for any act that constitutes thepractice of medicine when performed by the certified person or physicianassistant;

(5)  Prohibit automated external defibrillation by:

(A)  Any first responder personnel certified bythe department of health to provide automated external defibrillation when itis rendered under the medical oversight of a physician or osteopathic physicianlicensed in this State; or

(B)  Any person acting in accordance withsection 663-1.5(e); or

(6)  Prohibit a radiologist duly licensed to practicemedicine and provide radiology services in another state from usingtelemedicine while located in this State to provide radiology services to apatient who is located in the state in which the radiologist is licensed.  Forthe purposes of this paragraph:

"Radiologist" means a doctor ofmedicine or a doctor of osteopathy certified in radiology by the American Boardof Radiology or the American Board of Osteopathy.

"Telemedicine" means the use oftelecommunications services, as that term is defined in section 269-1,including real-time video conferencing-based communication, secure interactiveand non-interactive web-based communication, and secure asynchronousinformation exchange, to transmit patient medical information, such asdiagnostic-quality digital images and laboratory results for medicalinterpretation and diagnosis, and deliver health care services and informationto parties separated by distance.

(c)  Nothing in this chapter shall prohibithealing practices by traditional Hawaiian healers engaged in traditional NativeHawaiian healing practices, both as recognized and certified as such by anykupuna council convened by Papa Ola Lokahi.  No person or organization involvedwith the selection of kupuna council members, the convening of a kupunacouncil, or the certification process of healers under this subsection shall besued or held liable for any cause of action that may arise out of theirparticipation in the selection, convening, or certification process.  Nothingin this chapter shall limit, alter, or otherwise adversely affect any rights ofpractice of traditional Native Hawaiian healing pursuant to the Constitution ofthe State of Hawaii. [L 1896, c 60, §1; am L 1905, c 48, §1; am L 1909, c 124,§1; am L 1919, c 22, §1; am L 1920, c 37, §2; am L 1921, c 14; RL 1925, §1022;am L 1925, c 26, §1; RL 1935, §1200; am L 1939, c 183, §1; RL 1945, §2501; RL1955, §64-2; am L 1959, c 271, §1; am L Sp 1959 2d, c 1, §19; HRS §453-2; am L1969, c 257, §1; am L 1973, c 111, §1; am L 1976, c 219, §6; am L 1977, c 167,§12; am L 1978, c 148, §2(2); am L 1982, c 112, §4; am L 1983, c 92, pt of§1(1); am L 1984, c 168, §7; am L 1985, c 68, §14; am L 1987, c 147, §1; am L1988, c 110, §1; am L 1993, c 163, §1; am L 1997, c 364, §3; am L 1998, c 160,§1 and c 162, §§3, 6; am L 2000, c 209, §1(2); am L 2001, c 304, §§1, 3; am L2005, c 153, §1; am L 2007, c 91, §1 and c 255, §1; am L 2008, c 5, §3 and c 9,§3]

 

Note

 

  Papa Ola Lokahi; definitions and other related matters.  L1998, c 162; L 2001, c 304; L 2005, c 153, §§2, 3.

L 2007, c 255, §3 provides:

  "SECTION 3.  Nothing herein shall be deemed to permit aradiologist without a license to practice medicine in Hawaii, wherever located,to provide services to a patient who is located in Hawaii."

 

Attorney General Opinions

 

  There is no prohibition against the use by unlicensed doctorof the letters "Dr." or any synonym thereof if the possibility fordeception is removed.  Att. Gen. Op. 63-55.

  Foreign professional (medical) corporation cannot transactbusiness in Hawaii as a foreign corporation.  Att. Gen. Op. 80-5.

 

Case Notes

 

  Prior to enactment of chapter, both license and certificatefrom board of health were necessary.  4 H. 9.

  Treasurer cannot revoke licenses issued on recommendation ofboard of health.  15 H. 273.

  L 1905, c 48, requiring applicant to pay fee held invalid. 17 H. 389.

  City and county cannot pass an ordinance injuriouslyaffecting the status of territorial licenses.  29 H. 422.

  Pleading and proof in prosecution for practicing medicinewithout license.  21 H. 465.