Report Title:
Doctors and Dentists; Temporary License to Treat Indigent
Description:
Allows doctors and dentists to practice under a temporary license to treat the medically indigent.
THE SENATE |
S.B. NO. |
76 |
TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE PRACTICE OF MEDICINE AND DENTISTRY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 448-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The board of dental examiners may issue without examination to any resident or nonresident otherwise qualified to be examined a temporary license to practice dentistry in the employment of the State or any county, or any legally incorporated eleemosynary dispensary or infirmary, private school, [or] welfare center[.], or clinic serving the medically indigent as defined in section 325-38(b). The temporary license shall authorize the person to whom the license is issued to practice dentistry exclusively while engaged in that employment and shall be in force until the earliest of the following occurs:
(1) The date the person leaves the employment authorized under the temporary license;
(2) The three hundred ninety-sixth calendar day following the date of issuance of the temporary license; provided that in the case of a temporary license to practice dentistry in a clinic serving the medically indigent the three hundred sixty-fifth calendar day following the date of issuance of the temporary license;
(3) The date on which the results of the licensure examination taken by the person under this chapter are posted by the board; or
(4) The date on which the board revokes the temporary license;
provided that the board may revoke the temporary license at any time for cause.
No person who has failed an examination shall have the benefit of any temporary license."
SECTION 2. Section 453-3, Hawaii Revised Statutes, is amended to read as follows:
"§453-3 Limited and temporary licenses. The board of medical examiners 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 in a particular locality, and that the applicant has been duly licensed as a 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. For this purpose, the board may consider a locality to have an absence or shortage of physicians if the absence or shortage results from the temporary loss of a physician. In designating a locality with an absence or shortage of 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 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 such 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 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 board of medical examiners; 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 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 such public emergency[.]; or
(6) The applicant would practice medicine and surgery only while employed by a clinic serving the medically indigent as defined in section 325-38(b); provided that the temporary license shall be valid until the earlier of:
(A) The date the person leaves the employment authorized under the temporary license;
(B) The date on which the board revokes the temporary license for cause;
(C) The date on which the results of the licensure examination taken by the applicant under this chapter are posted by the board;
(D) The three hundred sixty-fifth calendar day following the date of issuance of the temporary license.
Nothing herein requires the registration or licensing hereunder of nurses, or other similar persons, acting under the direction and control of a licensed physician."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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