§453-8  Revocation, limitation, suspension,or denial of licenses.  (a)  In addition to any other actions authorized bylaw, any license to practice medicine and surgery may be revoked, limited, orsuspended by the board at any time in a proceeding before the board, or may bedenied, for any cause authorized by law, including but not limited to thefollowing:

(1)  Procuring, or aiding or abetting in procuring, acriminal abortion;

(2)  Employing any person to solicit patients forone's self;

(3)  Engaging in false, fraudulent, or deceptiveadvertising, including but not limited to:

(A)  Making excessive claims of expertise inone or more medical specialty fields;

(B)  Assuring a permanent cure for an incurabledisease; or

(C)  Making any untruthful and improbablestatement in advertising one's medical or surgical practice or business;

(4)  Being habituated to the excessive use of drugs oralcohol; or being addicted to, dependent on, or a habitual user of a narcotic,barbiturate, amphetamine, hallucinogen, or other drug having similar effects;

(5)  Practicing medicine while the ability to practiceis impaired by alcohol, drugs, physical disability, or mental instability;

(6)  Procuring a license through fraud,misrepresentation, or deceit, or knowingly permitting an unlicensed person toperform activities requiring a license;

(7)  Professional misconduct, hazardous negligencecausing bodily injury to another, or manifest incapacity in the practice ofmedicine, osteopathy, or surgery;

(8)  Incompetence or multiple instances of negligence,including but not limited to the consistent use of medical service, which isinappropriate or unnecessary;

(9)  Conduct or practice contrary to recognizedstandards of ethics of the medical profession as adopted by the Hawaii MedicalAssociation, the American Medical Association, the Hawaii Association ofOsteopathic Physicians and Surgeons, or the American Osteopathic Association;

(10)  Violation of the conditions or limitations uponwhich a limited or temporary license is issued;

(11)  Revocation, suspension, or other disciplinaryaction by another state or federal agency of a license, certificate, or medicalprivilege for reasons as provided in this section;

(12)  Conviction, whether by nolo contendere orotherwise, of a penal offense substantially related to the qualifications,functions, or duties of a physician or osteopathic physician, notwithstandingany statutory provision to the contrary;

(13)  Violation of chapter 329, the uniform controlledsubstances act, or any rule adopted thereunder except as provided in section329-122;

(14)  Failure to report to the board, in writing, anydisciplinary decision issued against the licensee or the applicant in anotherjurisdiction within thirty days after the disciplinary decision is issued; or

(15)  Submitting to or filing with the board anynotice, statement, or other document required under this chapter, which isfalse or untrue or contains any material misstatement or omission of fact.

(b)  If disciplinary action related to thepractice of medicine has been taken against the applicant in any jurisdictionthat would constitute a violation under this section, or if the applicantreveals a physical or mental condition that would constitute a violation underthis section, then the board may impose one or more of the followingrequirements as a condition for licensure:

(1)  Physical and mental evaluation of the applicantby a licensed physician or osteopathic physician approved by the board;

(2)  Probation, including conditions of probation asrequiring observation of the licensee by an appropriate group or society oflicensed physicians, osteopathic physicians, or surgeons;

(3)  Limitation of the license by restricting thefields of practice in which the licensee may engage;

(4)  Further education or training or proof ofperformance competency; and

(5)  Limitation of the medical practice of thelicensee in any reasonable manner to assure the safety and welfare of theconsuming public. [L 1896, c 60, §7; am L 1917, c 116, §1; RL 1925, §1029; am L1925, c 26, §5; RL 1935, §1208; am L 1939, c 183, pt of §1; am L 1941, c 4, §2;RL 1945, §2507; am L 1947, c 201, pt of §1; am L 1949, c 108, §1; RL 1955,§64-7; am L Sp 1959 2d, c 1, §19; am L 1965, c 218, §6; HRS §453-8; am L 1969,c 257, §6; am L 1974, c 205, §2(15); am L 1976, c 219, §10; am L 1977, c 167,§13; am L 1982, c 227, §3; am L 1983, c 22, §1 and c 92, pt of §1(5); am L1984, c 16, §1; am L 1986, c 144, §2; am L 1987, c 76, §1; am L 1988, c 110,§6; am L 1989, c 181, §4; am L 1992, c 177, §3 and c 202, §101; am L 2000, c228, §3; am L 2008, c 5, §11]

 

Attorney General Opinions

 

  Giving insufficient direction or failure to indicate statusof an unlicensed physician may subject a licensed physician to licenserevocation.  Att. Gen. Op. 63-55.

 

Case Notes

 

  "Gross carelessness" and "manifestincapacity" defined.  52 F.2d 411.

  Constitutional.  31 H. 625, aff'd 52 F.2d 411.

  One year suspension of appellant's license to practicemedicine by board of medical examiners after appellant was convicted ofattempted first degree sexual abuse and kidnapping did not amount to aviolation of double jeopardy clause of Fifth Amendment to U.S. Constitution;appellant had been convicted of a penal offense within meaning of subsection(a)(12); board did not err in finding that appellant violated subsection(a)(12).  78 H. 21, 889 P.2d 705.

  Cited:  15 H. 273, 274.

 

Hawaii Legal Reporter Citations

 

  Gross carelessness and unprofessional conduct.  78-1 HLR78-59.