§453-8 - Revocation, limitation, suspension, or denial of licenses.

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

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

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

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

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

(B) Assuring a permanent cure for an incurable
disease; or

(4) Being habituated to the excessive use of drugs or
alcohol; 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 practice
is impaired by alcohol, drugs, physical disability, or mental instability;

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

(7) Professional misconduct, hazardous negligence
causing bodily injury to another, or manifest incapacity in the practice of
medicine, osteopathy, or surgery;

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

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

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

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

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

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

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

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

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

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

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

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

(4) Further education or training or proof of
performance competency; and

(5) Limitation of the medical practice of the
licensee in any reasonable manner to assure the safety and welfare of the
consuming public. [L 1896, c 60, §7; am L 1917, c 116, §1; RL 1925, §1029; am L
1925, 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 L
1984, 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, c
228, §3; am L 2008, c 5, §11]

Attorney General Opinions

Giving insufficient direction or failure to indicate status
of an unlicensed physician may subject a licensed physician to license
revocation. Att. Gen. Op. 63-55.

Case Notes

"Gross carelessness" and "manifest
incapacity" defined. 52 F.2d 411.

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

One year suspension of appellant's license to practice
medicine by board of medical examiners after appellant was convicted of
attempted first degree sexual abuse and kidnapping did not amount to a
violation 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 HLR
78-59.