§453-3 Limited and temporary licenses. The Hawaii medical board shall issue a limited and temporary license to an applicant who has not been examined as required by section 453-4, and against whom no disciplinary proceedings are pending in any state or territory, if the applicant is otherwise qualified to be examined, and upon determination that:

(1) There is an absence or a shortage of licensed physicians or osteopathic physicians in a particular locality, and that the applicant has been duly licensed as a physician or osteopathic physician by written examination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall permit the practice of medicine and surgery by the applicant only in the particular locality, and no other, as shall be set forth in the license issued to the applicant. The license shall be valid only for a period of eighteen months from the date of issuance. The board shall establish guidelines to determine a locality with an absence or shortage of physicians or osteopathic physicians. For this purpose, the board may consider a locality to have an absence or shortage of physicians or osteopathic physicians if the absence or shortage results from the temporary loss of a physician or osteopathic physician. In designating a locality with an absence or shortage of physicians or osteopathic physicians, the board shall not delegate its authority to a private organization;

(2) The applicant is to be employed by an agency or department of the state or county government, and that the applicant has been duly licensed as a physician or osteopathic physician by written examination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall only be valid for the practice of medicine and surgery while the applicant is in the employ of the governmental agency or department and in no case shall be used to provide private patient care for a fee. A license issued under this paragraph may be renewed from year to year;

(3) The applicant would practice medicine and surgery only while under the direction of a physician or osteopathic physician regularly licensed in the State other than as permitted by this section, and that the applicant intends to take the regular licensing examination conducted by the board within the next eighteen months. A limited and temporary license issued under this paragraph shall be valid for no more than eighteen months from the date of issuance, unless otherwise extended at the discretion of the Hawaii medical board; provided that this discretionary extension shall not exceed a period of six months beyond the original expiration date of the limited and temporary license;

(4) The applicant has been appointed as a resident or accepted for specialty training in a health care facility or organized ambulatory health care facility as defined in section 323D-2 or a hospital approved by the board, and that the applicant shall be limited in the practice of medicine and surgery to the extent required by the duties of the applicant's position or by the program of training while at the health care facility, organized ambulatory health care facility, or hospital. The license shall be valid during the period in which the applicant remains as a resident in training, and may be renewed from year to year during the period; or

(5) A public emergency exists, and that the applicant has been duly licensed as a physician or osteopathic physician by written examination under the laws of another state or territory of the United States. A limited and temporary license issued hereunder shall only be valid for the period of the public emergency.

Nothing herein requires the registration or licensing hereunder of nurses, or other similar persons, acting under the direction and control of a licensed physician or osteopathic physician. [L 1965, c 218, §2; Supp, §64-2.5; HRS §453-3; am L 1969, c 257, §2; am L 1970, c 32, §1; am L 1973, c 126, §1; am L 1983, c 92, pt of §1(1); am L 1984, c 168, §8; am L 1988, c 110, §2; am L 1992, c 68, §1; am L 1997, c 74, §1; am L 2008, c 5, §4 and c 9, §3]

Attorney General Opinions

"Direction" of physician under prior law construed. Att. Gen. Op. 63-55.

Case Notes

Where a physician without a Hawaii license is authorized under paragraph (3) to practice under the direction of a licensed physician, the absence of a license is immaterial on the question of negligence in the treatment of a patient. 53 H. 526, 497 P.2d 1354 (1972).