§466J-6  Persons exempted.  (a)  Any provision in this chapter to the contrary notwithstanding, a license shall not be required for:

     (1)  A licensed medical practitioner in radiology;

     (2)  A licensed practitioner of nuclear medicine;

     (3)  A licensed physician assistant;

     (4)  A licensed doctor of dentistry;

     (5)  A licensed dental technician;

     (6)  A licensed dental hygienist;

     (7)  A student in an approved school for radiographers, radiation therapists, or nuclear medicine technologists, or in a school of medicine, podiatry, dentistry, or a chiropractic school; provided that the student is operating x-ray machines under the direct supervision of a licensed radiographer, licensed radiation therapist, licensed nuclear medicine technologist, or a qualified person pursuant to this chapter; and

     (8)  A radiologist duly licensed to practice medicine and radiology services in another state who uses telehealth while located in this State to provide radiology services to a patient who is located in the state in which the radiologist is licensed; provided that services provided by telehealth pursuant to this paragraph shall be consistent with all federal and state privacy, security, and confidentiality laws.  For the purposes of this paragraph:

              "Distant site" means the location of the radiologist delivering services through telehealth at the time the services are provided.

              "Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a radiologist through telehealth, including but not limited to a radiologist's or health care provider's office, hospital, health care facility, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient.

              "Radiologist" means a doctor of medicine or a doctor of osteopathy certified in radiology by the American Board of Radiology or the American Board of Osteopathy.

              "Telehealth" means the use of telecommunications, as that term is defined in section 269-1, to encompass four modalities:  store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the radiologist is at a distant site.  Standard telephone contacts, facsimile transmissions, or e-mail texts, in combination or by themselves, do not constitute a telehealth service for the purposes of this paragraph.

     (b)  The board may issue special temporary permits upon request to unlicensed radiographers working in shortage areas. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §8; am L 1995, c 143, §6; am L 2007, c 255, §2; am L 2009, c 151, §20; am L 2014, c 159, §11; am L 2016, c 226, §12]

Note

  L 2007, c 255, §3 provides:

  "SECTION 3.  Nothing herein shall be deemed to permit a radiologist without a license to practice medicine in Hawaii, wherever located, to provide services to a patient who is located in Hawaii."