§463E-6  Revocation, suspension, or denial
of license; sanctions.  (a)  Any license to practice podiatric medicine may
be revoked or suspended by the Hawaii medical board at any time in a proceeding
before the board, or may be denied, for any one or more of the following acts
or conditions on the part of the holder of the license or the applicant
therefor:



(1)  Employing what is popularly known as a
"capper" or "steerer";



(2)  Obtaining any fee on the assurance that a
manifestly incurable disease can be permanently cured;



(3)  Wilfully betraying a professional secret;



(4)  Advertising one's podiatrist business with any
untruthful and improbable statement;



(5)  False or fraudulent advertising;



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



(7)  Violation of section 453-2;



(8)  Professional misconduct or gross negligence or
manifest incapacity in the practice of podiatric medicine;



(9)  Engaging in the practice of podiatric medicine
other than as defined in section 463E-1;



(10)  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 effect;



(11)  Practicing medicine while the ability to practice
is impaired by alcohol, drugs, physical disability, or mental instability;



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



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



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



(15)  Violation of chapter 329, uniform controlled substances
act, or any rule adopted thereunder;



(16)  Failure to report to the board, in writing, any
disciplinary action taken against the licensee in another jurisdiction within
thirty days after the disciplinary action becomes final; or



(17)  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)  In addition to or in lieu of revoking or
suspending a license to practice podiatric medicine, the board may impose one
or more of the following actions:



(1)  Place the licensee on probation, including such
conditions of probation as requiring observation of the licensee by an
appropriate group or society of licensed podiatrists;



(2)  Limit the license by restricting the field of
practice in which the licensee may engage;



(3)  Fine the licensee, including assessment against
the licensee of the cost of the disciplinary proceedings.  Any fine imposed by
the board shall be no less than $500 and no more than $5,000 for each
violation, exclusive of the costs of the disciplinary proceedings; or



(4)  Require further education or training or require
proof of performance competency.



(c)  If disciplinary action related to the
practice of podiatric medicine taken against the applicant in any jurisdiction
that would constitute a violation of 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 of licensure:



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



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



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



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



(5)  Limitation of the podiatric practice of the
licensee in any reasonable manner to assure the safety and welfare of the
consuming public. [L 1973, c 80, pt of §1; am L 1974, c 205, §2(25); am L 1985,
c 125, §4; gen ch 1985; am L 1986, c 273, §4; am L 1988, c 111, §3; am L 1989,
c 181, §7 and c 240, §5; am L 1992, c 202, §152; am L 2008, c 9, §3]