§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).