[PART I. GENERALLY]

 

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 anosteopathic physician includes the use of drugs and medicines, water,electricity, hypnotism, osteopathic medicine, or any means or method, or anyagent, either tangible or intangible, for the treatment of disease in the humansubject; provided that when a duly licensed physician or osteopathic physicianpronounces a person affected with any disease hopeless and beyond recovery andgives a written certificate to that effect to the person affected or theperson's attendant nothing herein shall forbid any person from giving orfurnishing any remedial agent or measure when so requested by or on behalf ofthe affected person.

This section shall not amend or repeal the lawrespecting the treatment of those affected with Hansen's disease.

For purposes of this chapter, "osteopathicmedicine" means the utilization of full methods of diagnosis and treatmentin physical and mental health and disease, including the prescribing andadministration of drugs and biologicals of all kinds, operative surgery,obstetrics, radiological, and other electromagnetic emissions, and placing specialemphasis on the interrelation of the neuro-musculoskeletal system to all otherbody systems, and the amelioration of disturbed structure-functionrelationships by the clinical application of the osteopathic diagnosis andtherapeutic skills for the maintenance of health and treatment of disease. [L1896, 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]

 

Cross References

 

  Determination of death, see §327C-1.

 

Attorney General Opinions

 

  Medical acupuncture is not sufficiently distinct fromtraditional acupuncture so as to fall outside the scope of the practice ofacupuncture.  Physicians licensed by board of medical examiners cannot practicemedical acupuncture absent licensure by board of acupuncture.  Att. Gen. Op.03-5.

 

Law Journals and Reviews

 

  Should The Right To Die Be Protected?  Physician AssistedSuicide And Its Potential Effect On Hawai‘i.  19 UH L. Rev. 783.

  Physician Assisted Suicide:  Expanding the Laboratory to theState of Hawai‘i.  29 UH L. Rev. 269.

 

Case Notes

 

  "Practice" defined.  21 H. 465.

  Decision of private hospitals concerning granting of staffprivileges to licensed doctors is subject to judicial review if hospital hasreceived government funds.  53 H. 475, 497 P.2d 564.