§453-4  Qualifications for examination and
licensure.  (a)  Except as otherwise provided by law, no person shall be
licensed to practice medicine or surgery unless the applicant has passed an
examination and has been found to possess the necessary qualifications.  No
applicant shall be eligible for the examination sooner than the first year of
residency; provided that if the applicant is a graduate of a foreign medical
school, the applicant shall be eligible no sooner than the second year of
residency.



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



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



(2)  The applicant is a graduate of:



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



(B)  A foreign medical school and has had at
least two years of residency in a program accredited by the Accreditation
Council 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 been
accredited for the training of resident physicians by the Royal College of
Physicians and Surgeons of Canada, or by the College of Family Physicians of
Canada; and:



(i)  Holds the national certificate of the
Educational Commission for Foreign Medical Graduates, or its successor, or for
applicants with residency training in Canada, has passed with scores deemed
satisfactory by the board, the Medical Council of Canada Evaluating
Examination, or its successor; or



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



provided that for a period of two years
after June 26, 2004, the requirements of subsection (b)(2)(B)(i) and (ii) shall
not apply to any applicant who has had four years of residency in a program
accredited by the Accreditation Council for Graduate Medical Education or the
American Osteopathic Association and who has passed, with scores deemed
satisfactory by the board, the Special Purpose Examination (SPEX).



(c)  Applicants who have passed, with scores
deemed satisfactory by the board, the National Board of Medical Examiners
examination (NBME), the Federation Licensing Examination (FLEX), the United
States Medical Licensing Examination (USMLE), or a combination of these
examinations as approved by the board, or the National Board of Osteopathic
Medical Examiners examination (NBOME), the Comprehensive Osteopathic Medical
Licensing Examination (COMLEX-USA), or the Medical Council of Canada Qualifying
Examination (MCCQE), and who meet the requirements of subsection (b) shall be
licensed without the necessity of any further examination; provided that with
respect to any applicant, the board may require letters of evaluation,
professional evaluation forms, and interviews with chiefs of service or
attending physicians or osteopathic physicians who have been associated with an
applicant, or chief residents on a service who have been associated with an
applicant during the applicant's training or practice, to be used by the board
in assessing the applicant's qualifications to practice medicine.



(d)  Applicants who are licensed in another
state by virtue of having passed a state-produced examination may qualify for
licensure if they have passed the Special Purpose Examination (SPEX) or the
Comprehensive Osteopathic Medical Variable-Purpose Examination – USA
(COMVEX-USA) and meet the requirements of subsection (b); provided that the
board may require letters of evaluation, professional evaluation forms, and
interviews with chiefs of service, attending physicians, or osteopathic
physicians who have been associated with an applicant, or chief residents on a
service who have been associated with an applicant during the applicant's
training or practice, to be used by the board in assessing the applicant's
qualifications to practice medicine. [L 1896, c 60, §3; am L 1920, c 37, §1; RL
1925, §1024; am L 1925, c 26, §2; RL 1935, §1203; am L 1939, c 183, §1; am L
1941, c 181, §1; am L Sp 1941, c 40, §§1 to 3; RL 1945, §2503; am L 1951, c
173, §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, §1
and 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 L
1984, c 168, §9; am L 1985, c 25, §1 and c 54, §1; am L 1988, c 110, §3; am L
1990, c 295, §1; am L 1993, c 164, §1; am L 1996, c 103, §1 and c 183, §1; am L
2004, 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 effective
date of this Act."