Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 453
Hawaii Revised Statutes

Haw. Rev. Stat. § 453-1 (2025)

  Practice of medicine defined

✓ laws through the 2025 session: the 2026 session is not included
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[PART I.  GENERALLY]

 

Revision Note

 

  Part heading added by revisor.

 

     §453-1  Practice of medicine defined.  For the purposes of this chapter, the practice of medicine by a physician or an osteopathic physician includes the use of drugs and medicines; surgery; manual medicine; water; electricity; hypnotism; telehealth; the interpretation of tests, including primary diagnosis of pathology specimens, medical imaging, or any physical; osteopathic medicine; any means, method, or agent, either tangible or intangible, to diagnose, treat, prescribe for, palliate, or correct disease, or prevent any human disease, condition, ailment, pain, injury, deformity, illness, infirmity, defect, physical or mental condition in the human subject.

     This section shall not amend or repeal the law respecting the treatment of those affected with Hansen's disease. [L 1896, c 60, §2; am L 1909, c 133, §1; RL 1925, §1023; RL 1935, §1201; RL 1945, §2502; am L 1949, c 53, §29 and c 63, §1; RL 1955, §64-1; am L 1965, c 218, §1; HRS §453-1; am L 1969, c 152, §1; am L 1981, c 185, §1; am L 1983, c 124, §16; gen ch 1985; am L 2008, c 5, §1; am L 2021, c 97, §2]

 

Cross References

 

  Determination of death, see §327C-1.

 

Attorney General Opinions

 

  Medical acupuncture is not sufficiently distinct from traditional acupuncture so as to fall outside the scope of the practice of acupuncture.  Physicians licensed by board of medical examiners cannot practice medical acupuncture absent licensure by board of acupuncture.  Att. Gen. Op. 03-5.

 

Law Journals and Reviews

 

  Should The Right To Die Be Protected?  Physician Assisted Suicide And Its Potential Effect On Hawai‘i.  19 UH L. Rev. 783 (1997).

  Physician Assisted Suicide:  Expanding the Laboratory to the State of Hawai‘i.  29 UH L. Rev. 269 (2006).

 

Case Notes

 

  "Practice" defined.  21 H. 465 (1913).

  Decision of private hospitals concerning granting of staff privileges to licensed doctors is subject to judicial review if hospital has received government funds.  53 H. 475, 497 P.2d 564 (1972).

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2025 · leading case: Phonedoctorx, LLC v. Healthbridge Mgmt., Inc., 58 F. Supp. 3d 152 (D. Mass. 2014).
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Phonedoctorx, LLC v. Healthbridge Mgmt., Inc., 58 F. Supp. 3d 152 (D. Mass. 2014). “4(b)(3) (telemedicine does not include standard telephone); Haw.Rev.Stat. § 453-1.(b) (telemedicine includes real-time web or video conferencing); Ky.”
Frederick A. Nitta v. Hawaii Med. Serv. Ass'n., 575 P.3d 547 (Haw. 2025). · cites it 8× “Specifically, plaintiffs argued they violate HRS § 453-1 (2013 & Supp. 2021), which is titled “Practice of medicine defined,” and which states, in relevant part: For the purposes of this chapter, the practice of medicine by a physician or an osteopathic physician includes the…”
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