§453-3  Limited and temporary licenses. The Hawaii medical board shall issue a limited and temporary license to anapplicant who has not been examined as required by section 453-4, and againstwhom no disciplinary proceedings are pending in any state or territory, if theapplicant is otherwise qualified to be examined, and upon determination that:

(1)  There is an absence or a shortage of licensedphysicians or osteopathic physicians in a particular locality, and that theapplicant has been duly licensed as a physician or osteopathic physician bywritten examination under the laws of another state or territory of the UnitedStates.  A limited and temporary license issued hereunder shall permit thepractice of medicine and surgery by the applicant only in the particularlocality, and no other, as shall be set forth in the license issued to theapplicant.  The license shall be valid only for a period of eighteen monthsfrom the date of issuance.  The board shall establish guidelines to determine alocality with an absence or shortage of physicians or osteopathic physicians. For this purpose, the board may consider a locality to have an absence orshortage of physicians or osteopathic physicians if the absence or shortageresults from the temporary loss of a physician or osteopathic physician.  Indesignating a locality with an absence or shortage of physicians or osteopathicphysicians, the board shall not delegate its authority to a privateorganization;

(2)  The applicant is to be employed by an agency ordepartment of the state or county government, and that the applicant has beenduly licensed as a physician or osteopathic physician by written examinationunder the laws of another state or territory of the United States.  A limitedand temporary license issued hereunder shall only be valid for the practice ofmedicine and surgery while the applicant is in the employ of the governmentalagency or department and in no case shall be used to provide private patientcare for a fee.  A license issued under this paragraph may be renewed from yearto year;

(3)  The applicant would practice medicine and surgeryonly while under the direction of a physician or osteopathic physicianregularly licensed in the State other than as permitted by this section, andthat the applicant intends to take the regular licensing examination conductedby the board within the next eighteen months.  A limited and temporary licenseissued under this paragraph shall be valid for no more than eighteen monthsfrom the date of issuance, unless otherwise extended at the discretion of theHawaii medical board; provided that this discretionary extension shall notexceed a period of six months beyond the original expiration date of thelimited and temporary license;

(4)  The applicant has been appointed as a resident oraccepted for specialty training in a health care facility or organizedambulatory health care facility as defined in section 323D-2 or a hospitalapproved by the board, and that the applicant shall be limited in the practiceof medicine and surgery to the extent required by the duties of the applicant'sposition or by the program of training while at the health care facility,organized ambulatory health care facility, or hospital.  The license shall bevalid during the period in which the applicant remains as a resident intraining, and may be renewed from year to year during the period; or

(5)  A public emergency exists, and that the applicanthas been duly licensed as a physician or osteopathic physician by writtenexamination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall only be valid for theperiod of the public emergency.

Nothing herein requires the registration orlicensing hereunder of nurses, or other similar persons, acting under thedirection and control of a licensed physician or osteopathic physician. [L1965, c 218, §2; Supp, §64-2.5; HRS §453-3; am L 1969, c 257, §2; am L 1970, c32, §1; am L 1973, c 126, §1; am L 1983, c 92, pt of §1(1); am L 1984, c 168,§8; am L 1988, c 110, §2; am L 1992, c 68, §1; am L 1997, c 74, §1; am L 2008,c 5, §4 and c 9, §3]

 

Attorney General Opinions

 

  "Direction" of physician under prior lawconstrued.  Att. Gen. Op. 63-55.

 

Case Notes

 

  Where a physician without a Hawaii license is authorizedunder paragraph (3) to practice under the direction of a licensed physician,the absence of a license is immaterial on the question of negligence in thetreatment of a patient.  53 H. 526, 497 P.2d 1354.