§453-4  Qualifications for examination andlicensure.  (a)  Except as otherwise provided by law, no person shall belicensed to practice medicine or surgery unless the applicant has passed anexamination and has been found to possess the necessary qualifications.  Noapplicant shall be eligible for the examination sooner than the first year ofresidency; provided that if the applicant is a graduate of a foreign medicalschool, the applicant shall be eligible no sooner than the second year ofresidency.

(b)  Before any applicant shall be eligible forlicensure, the applicant shall furnish proof satisfactory to the board that:

(1)  The applicant is of demonstrated competence andprofessional knowledge; and

(2)  The applicant is a graduate of:

(A)  A medical school or college whose programleading to the M.D. degree is accredited by the Liaison Committee on MedicalEducation or whose program leading to the D.O. degree is approved by theAmerican Osteopathic Association Commission on Osteopathic College Accreditation,and has served a residency of at least one year in a program that has beenaccredited for the training of resident physicians or osteopathic physicians bythe Accreditation Council for Graduate Medical Education or the AmericanOsteopathic Association, respectively, or a residency of at least one year in aprogram in Canada that has been accredited for the training of residentphysicians by the Royal College of Physicians and Surgeons of Canada, or theCollege of Family Physicians of Canada; or

(B)  A foreign medical school and has had atleast two years of residency in a program accredited by the AccreditationCouncil for Graduate Medical Education or the American Osteopathic Association,or has had at least two years of residency in a program in Canada that has beenaccredited for the training of resident physicians by the Royal College ofPhysicians and Surgeons of Canada, or by the College of Family Physicians ofCanada; and:

(i)  Holds the national certificate of theEducational Commission for Foreign Medical Graduates, or its successor, or forapplicants with residency training in Canada, has passed with scores deemedsatisfactory by the board, the Medical Council of Canada EvaluatingExamination, or its successor; or

(ii)  Holds the certificate of the Fifth PathwayProgram of the American Medical Association;

provided that for a period of two yearsafter June 26, 2004, the requirements of subsection (b)(2)(B)(i) and (ii) shallnot apply to any applicant who has had four years of residency in a programaccredited by the Accreditation Council for Graduate Medical Education or theAmerican Osteopathic Association and who has passed, with scores deemedsatisfactory by the board, the Special Purpose Examination (SPEX).

(c)  Applicants who have passed, with scoresdeemed satisfactory by the board, the National Board of Medical Examinersexamination (NBME), the Federation Licensing Examination (FLEX), the UnitedStates Medical Licensing Examination (USMLE), or a combination of theseexaminations as approved by the board, or the National Board of OsteopathicMedical Examiners examination (NBOME), the Comprehensive Osteopathic MedicalLicensing Examination (COMLEX-USA), or the Medical Council of Canada QualifyingExamination (MCCQE), and who meet the requirements of subsection (b) shall belicensed without the necessity of any further examination; provided that withrespect to any applicant, the board may require letters of evaluation,professional evaluation forms, and interviews with chiefs of service orattending physicians or osteopathic physicians who have been associated with anapplicant, or chief residents on a service who have been associated with anapplicant during the applicant's training or practice, to be used by the boardin assessing the applicant's qualifications to practice medicine.

(d)  Applicants who are licensed in anotherstate by virtue of having passed a state-produced examination may qualify forlicensure if they have passed the Special Purpose Examination (SPEX) or theComprehensive Osteopathic Medical Variable-Purpose Examination – USA(COMVEX-USA) and meet the requirements of subsection (b); provided that theboard may require letters of evaluation, professional evaluation forms, andinterviews with chiefs of service, attending physicians, or osteopathicphysicians who have been associated with an applicant, or chief residents on aservice who have been associated with an applicant during the applicant'straining or practice, to be used by the board in assessing the applicant'squalifications to practice medicine. [L 1896, c 60, §3; am L 1920, c 37, §1; RL1925, §1024; am L 1925, c 26, §2; RL 1935, §1203; am L 1939, c 183, §1; am L1941, c 181, §1; am L Sp 1941, c 40, §§1 to 3; RL 1945, §2503; am L 1951, c173, §1; RL 1955, §64-3; am L 1957, c 219, §1; am L 1959, c 149, §1 and c 271,§2; am L 1961, c 72, §1; am L 1965, c 218, §3; HRS §453-4; am L 1969, c 152, §1and c 257, §3; am L 1970, c 75, §1; am L 1972, c 167, §1; am L 1973, c 126, §2;am L 1976, c 219, §7; am L 1982, c 227, §2; am L 1983, c 92, pt of §1(2); am L1984, c 168, §9; am L 1985, c 25, §1 and c 54, §1; am L 1988, c 110, §3; am L1990, c 295, §1; am L 1993, c 164, §1; am L 1996, c 103, §1 and c 183, §1; am L2004, c 205, §2; am L 2008, c 5, §7]

 

Note

 

  Periodic review of subsection (b).  L 2004, c 205, §3.

 

Revision Note

 

  "June 26, 1990" substituted for "the effectivedate of this Act."