§453-5 Hawaii medical board; appointment, removal, qualifications. (a) For the purpose of carrying out this chapter, the governor shall appoint a Hawaii medical board whose duty it shall be to examine all applicants for license to practice medicine or surgery. As used in this chapter, "board" means the Hawaii medical board.
The board shall consist of eleven persons, seven of whom shall be physicians or surgeons licensed under the laws of the State, two of whom shall be osteopathic physicians licensed under the laws of the State, and two of whom shall be lay members appointed from the public at large. Of the nine members who are physicians, surgeons, or osteopathic physicians, at least five shall be appointed from the city and county of Honolulu and at least one shall be appointed from each of the other counties. Medical societies in the various counties may conduct elections periodically but no less frequently than every two years to determine nominees for the board to be submitted to the governor. In making appointments, the governor may consider recommendations submitted by the medical societies and the public at large. Each member shall serve until a successor is appointed and qualified.
(b) The department shall employ, not subject to chapter 76, an executive secretary to administer the board's activities and an employee to administer the medical inquiry and conciliation panels established under chapter 671. The employee responsible for administration of the medical inquiry and conciliation panels shall have no duties in administration of the board's activities. [L 1896, c 60, §4; RL 1925, §1025; RL 1935, §1204; RL 1945, §2504; am L 1953, c 86, §1; RL 1955, §64-4; am L Sp 1959 2d, c 1, § §5, 19; HRS §453-5; am L 1969, c 257, §4; am L 1976, c 219, §8; am L 1982, c 204, §8; am L 1983, c 92, pt of §1(2); am L 1984, c 168, §10; am L 1985, c 106, §1; am L 1992, c 202, §98; am L 1999, c 248, §3; am L 2000, c 253, §150; am L 2008, c 9, §2; am L 2012, c 296, §2]
Attorney General Opinions
Subsection (a) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.
Law Journals and Reviews
Medical Malpractice in Hawai €˜i: Tort Crisis or Crisis of Medical Errors? 30 UH L. Rev. 167 (2007).
Case Notes
De facto officers' actions are not subject to collateral attack. 15 H. 273 (1903).
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
453-1 Practice of medicine defined.
453-1.3 Practice of telehealth.
453-2 License required; exceptions.
453-3 Limited and temporary licenses.
453-3.5 Training replacement temporary license.
453-4 Qualifications for examination and licensure.
453-4.5 Foreign medical graduates; alternative qualifications.
453-4.6 Licensure by endorsement.
453-5 Hawaii medical board; appointment, removal, qualifications.
453-5.1 Powers and duties of board.
453-5.3 Physician assistant; licensure required.
453-5.4 Physician assistant advisory committee.
453-5.5 Physician assistant; authority to sign documents.
453-6.5 REPEALED. L 1988, c 110, §5.
453-7.5 Review of complaints and information by department.
453-8 Revocation, limitation, suspension, or denial of licenses.
453-8.1 Voluntary limitation of license.
453-8.7 Reporting requirements.
453-8.8 Physician workforce assessment fee; license; physician workforce information.
453-10 Witnesses in such proceeding.
453-11 Recalcitrant witnesses; contempt.
453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds.
453-15 Who shall give consent to a postmortem examination.
453-16 Intentional termination of pregnancy; penalties; refusal to perform.
453-17 Subpoena of peer review adverse decision report.
453-18 Pelvic examinations on anesthetized or unconscious female patients.
453-31 Emergency ambulance service personnel.
453-32 License requirements for emergency medical services.
453-32.1 Renewal of licensure.
453-32.5 Provisional licensure.
453-32.51 Limited provisional licensure.
453-34 Licensure consistent with levels of practice; licensure of emergency medical technician 1.