§448-1  Dentistry defined; exempted
practices.  A person practices dentistry, within the meaning of this
chapter, who represents oneself as being able to diagnose, treat, operate or
prescribe for any disease, pain, injury, deficiency, deformity, or physical
condition of the human teeth, alveolar process, gums, or jaw, or who offers or
undertakes by any means or methods to diagnose, treat, operate or prescribe for
any disease, pain, injury, deficiency, deformity, or physical condition of the
same, or to take impressions of the teeth or jaws; or who owns, maintains, or
operates an office for the practice of dentistry; or who engages in any of the
practices included in the curricula of recognized and approved dental schools
or colleges.  Dentistry includes that part of health care concerned with the
diagnosis, prevention, and treatment of diseases of the teeth, oral cavity, and
associated structures including the restoration of defective or missing teeth. 
The fact that a person uses any dental degree, or designation, or any card,
device, directory, poster, sign, or other media whereby one represents oneself
to be a dentist, shall be prima facie evidence that the person is engaged in
the practice of dentistry.



The following practices, acts, and operations,
however, are exempt from the operation of this chapter:



(1)  The rendering of dental relief in emergency cases
in the practice of one's profession by a physician or surgeon, licensed as such
and registered under the laws of this State, unless one undertakes to reproduce
or reproduces lost parts of the human teeth in the mouth or to restore or
replace in the human mouth lost or missing teeth;



(2)  The practice of dentistry in the discharge of
their official duties by dentists in the United States Army, the United States
Navy, the United States Air Force, the United States Public Health Service, or
the United States Veterans Administration;



(3)  The practice of dentistry by licensed dentists of
other states or countries at meetings of the Hawaii Dental Association or
component parts thereof, alumni meetings of dental colleges, or any other like
dental organizations, while appearing as clinicians;



(4)  The use of roentgen and other rays for making
radiograms or similar records of dental or oral tissues;



(5)  The making of artificial restorations,
substitutes, appliances, or materials for the correction of disease, loss,
deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips,
gums, cheeks, palate, or associated tissues, or parts, upon orders, prescription,
casts, models, or from impressions furnished by a Hawaii licensed dentist; and



(6)  The ownership and management of a dental practice
by the executor or administrator of a dentist's estate or the legal guardian or
authorized representative of a dentist, where the licensed dentist has died or
is incapacitated, for the purpose of winding down, transferring, or selling the
practice, for a period not to exceed one year from the time of death or from
the date the dentist is declared incapacitated; provided that all other aspects
of the practice of dentistry are performed by one or more licensed dentists. [L
1903, c 40, §1; am L 1917, c 136, §1; RL 1925, §1065; RL 1935, §980; am L 1937,
c 220, §1; RL 1945, §2151; am L 1955, c 170, §1; RL 1955, §61-1; HRS §448-1; am
L 1983, c 220, §1; am L 2007, c 176, §1]



 



Case Notes



 



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