§453-2 - License required; exceptions.

§453-2 License required; exceptions. (a)
Except as otherwise provided by law, no person shall practice medicine or
surgery in the State, either gratuitously or for pay, or offer to practice
medicine or surgery in the State, or advertise or announce one's self, either
publicly or privately, as prepared or qualified to practice medicine or surgery
in 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 a
practitioner of medicine or surgery, without having a valid unrevoked license
or a limited and temporary license obtained from the Hawaii medical board.

(b) Nothing herein shall:

(1) Apply to so-called Christian Scientists; provided
that the Christian Scientists practice the religious tenets of their church
without pretending a knowledge of medicine or surgery;

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

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

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

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

(4) Prohibit services rendered by any person
certified under part II of this chapter to provide emergency medical services,
or any physician assistant, when the services are rendered under the direction
and control of a physician or osteopathic physician licensed in this State
except for final refraction resulting in a prescription for spectacles, contact
lenses, or visual training as performed by an oculist or optometrist duly
licensed by the State. The direction and control shall not be construed in
every case to require the personal presence of the supervising and controlling
physician or osteopathic physician. Any physician or osteopathic physician who
employs or directs a person certified under part II of this chapter to provide
emergency medical services, or a physician assistant, shall retain full
professional and personal responsibility for any act that constitutes the
practice of medicine when performed by the certified person or physician
assistant;

(5) Prohibit automated external defibrillation by:

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

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

(6) Prohibit a radiologist duly licensed to practice
medicine and provide radiology services in another state from using
telemedicine while located in this State to provide radiology services to a
patient who is located in the state in which the radiologist is licensed. For
the purposes of this paragraph:

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

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

(c) Nothing in this chapter shall prohibit
healing practices by traditional Hawaiian healers engaged in traditional Native
Hawaiian healing practices, both as recognized and certified as such by any
kupuna council convened by Papa Ola Lokahi. No person or organization involved
with the selection of kupuna council members, the convening of a kupuna
council, or the certification process of healers under this subsection shall be
sued or held liable for any cause of action that may arise out of their
participation in the selection, convening, or certification process. Nothing
in this chapter shall limit, alter, or otherwise adversely affect any rights of
practice of traditional Native Hawaiian healing pursuant to the Constitution of
the 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; RL
1955, §64-2; am L 1959, c 271, §1; am L Sp 1959 2d, c 1, §19; HRS §453-2; am L
1969, 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 L
1988, 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 L
2005, 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. L
1998, 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 a
radiologist 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 doctor
of the letters "Dr." or any synonym thereof if the possibility for
deception is removed. Att. Gen. Op. 63-55.

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

Case Notes

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

Treasurer cannot revoke licenses issued on recommendation of
board 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 injuriously
affecting the status of territorial licenses. 29 H. 422.

Pleading and proof in prosecution for practicing medicine
without license. 21 H. 465.