HAR Chapter 93 – Osteopaths

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 93
OSTEOPATHS
Subchapter 1 	General Provisions
§16-93-1 	Objective
Subchapter 2 	Application
§16-93-2 	General requirements
§16-93-3 	Application for license by examination
§16-93-4 	Application for license by endorsement
§16-93-4.1 	Application for license by reciprocity
§16-93-5 	Preliminary scrutiny of the application
§16-93-6 	Preliminary investigation of applicants
§16-93-7 	Denial of application
§16-93-8 	Proceedings upon demand for hearing
§16-93-9 	Abandonment of application
Subchapter 3 	Examination
§16-93-12 	Examination requirements
Subchapter 4 	License
§16-93-16 	Biennial renewal
§16-93-17 	Activation of license
§16-93-18 	Restoration of forfeited license
Subchapter 5 	Notification
§16-93-21 	Notification of change of name or current address
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Subchapter 6 	Code of Ethics
§16-93-23 	Standards of behavior
Subchapter 7 	Repealed
§16-93-24 	Repealed
§16-93-25 	Repealed
§16-93-26 	Repealed
§16-93-27 	Repealed
§16-93-28 	Repealed
§16-93-29 	Repealed
§16-93-30 	Repealed
§16-93-31 	Repealed
Subchapter 8 	Practice and Procedure
§16-93-36 	Administrative practice and procedure
Subchapter 9 	Oral Testimony
§16-93-40 	Oral testimony
Subchapter 10 	Osteopathic Physician’s Assistant
§16-93-44 	Purpose
§16-93-45 	Standards of supervision
SUBCHAPTER 1
GENERAL PROVISIONS
§16-93-1 	Objective. 	This chapter adopted by the board of osteopathic
examiners, hereafter referred to as "board", is intended to clarify chapter 460,
Hawaii Revised Statutes, to the end that the provisions thereunder may be best
implemented and the public interest most effectively protected. [Eff 8/15/64; am
8/7/70; am and ren §16-93-1, 7/2/81; am and comp 2/4/83; comp 2/9/90] (Auth:
HRS §460-4) (Imp: 	HRS §460-4)
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SUBCHAPTER 2
APPLICATION
§16-93-2 	General requirements. 	(a) An application filed with the board
shall be prepared in accordance with and contain the information called for in the
application form prescribed by the board, or any instructions which may be issued
by the board.
(b) 	The applicant may be licensed by any of the following means:
(1) 	By examination;
(2) 	By endorsement; and,
(3) 	By reciprocity.
(c) 	The applicant shall submit the following with the application:
(1) 	Verification of a Doctor of Osteopathy diploma from an AOA
approved institution;
(2) 	Verification of a Certificate of Completion of an osteopathic
internship from an AOA approved hospital or medical facility;
(3) 	Certificate of Competency from two licensed osteopathic physician
and surgeon;
(4) 	Recent passport-sized photograph of the applicant; and
(5) 	Verification of any specialty postdoctoral awards. [Eff 8/15/64; ren
2.1, 8/7/70; am and ren §16-93-2, 7/2/81; am and comp 2/4/83; am
and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-6)
§16-93-3 	Application for license by examination. 	(a) In addition to the
requirements of section 16-93-2(c), an applicant for license by examination shall
comply with the requirements of this section.
(b) 	The applicant shall submit verification of eligibility for meeting the
requirements of the American Osteopathic Association (AOA) toward a certificate
from the National Board of Osteopathic Medical Examiners, Inc., (NBOME). The
evidence of eligibility shall verify that the applicant meets the following:
(1) 	Evidence of a passing grade on the examination given by the
NBOME or by the Federation of State Medical Board of the United
States, Inc., (FLEX). 	The passing score for the NBOME and
FLEX is a score of 75 or more for each part of component; and
(2) 	Verification 	of 	any 	other 	osteopathic 	licenses 	held 	in 	other
jurisdictions. 	[Eff 8/15/64; am and ren 2.2, 8/7/70; am and ren
§16-93-3, 7/2/81; am and comp 2/4/83; am and comp 2/9/90]
(Auth: 	HRS §460-4) (Imp: 	HRS 	§460-4)
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§16-93-4 	Application for license by endorsement. 	In addition to the
requirements of section 16-93-2(c), an applicant for license by endorsement shall
comply with the requirements of this section and shall submit the following:
(1) 	Verification of the NBOME certificate; or the FLEX transcript of
grades; and
(2) 	Verification 	of 	any 	other 	osteopathic 	licenses 	held 	in 	other
jurisdictions. 	[Eff 	8/7/70; am and ren §16-93-4, 7/2/81; am and
comp 2/4/83; am and comp 2/9/90] (Auth: 	HRS §460-4) (Imp:
HRS §460-9)
§16-93-4.1 	Application for license by reciprocity. 	In addition to the
requirements of section 16-93-2(c), an applicant for license by reciprocity shall
comply with the requirements of this section and shall submit the following:
(1) 	Copy of license and verification that the license is currently active,
unrestricted, and not subject to disciplinary action;
(2) 	Verification of osteopathic licenses held in all jurisdictions; and
(3) 	Verification of any specialty postdoctoral awards. 	[Eff and comp
2/9/90] (Auth: 	HRS §460-9(a)) (Imp: 	HRS §§460-4, 460-9(a))
§16-93-5 Preliminary scrutiny of the application. The executive secretary,
under supervision of the chairman, shall preliminarily scrutinize each application
filed with the board, and shall preliminarily advise the applicant with regard to
proper compliance with the laws and rules governing the application; provided that
nothing in this section shall be construed to limit the board’s authority and
responsibility ultimately to pass upon the applicant’s qualifications. [Eff 8/15/64;
am and ren 2.4, 8/7/70; am and ren §16-93-5, 7/2/81; am and comp 2/4/83; am
and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-4)
§16-93-6 	Preliminary investigation of applicants. 	Upon request of any
member of the board, the executive secretary of the board shall, under supervision
of the chairman, initiate preliminary investigation of 	applicants in conjunction
with the investigative staff of the department of commerce and consumer affairs.
[Eff 8/15/64; am and ren 2.5, 8/7/70; am and ren §16-93-6, 7/2/81; am and comp
2/4/83; am and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-4)
§16-93-7 Denial of application. In the event any application for a license
is not reported favorably, the board shall notify the applicant by mail of the
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board’s action which letter shall include a concise statement of the reasons
therefor and a statement informing the applicant of the right to a hearing. 	[Eff
8/15/64; ren 1.9, 3/28/66; ren 2.6, 8/7/70; am and ren §16-93-7, 7/2/81; am and
comp 2/4/83; am and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-4)
§16-93-8 Proceedings upon demand for hearing. If a demand for hearing
is filed with the board within sixty days of the date of the letter informing the
applicant of the denial of application, the board shall order a hearing, in
accordance with the standard procedures of the department. 	[Eff 8/15/64; ren
1.11, 3/28/66; am and ren 2.7, 8/7/70; am and ren §16-93-8, 7/2/81; am and comp
2/4/83; am and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-14)
§16-93-9 	Abandonment of application. 	An application shall be deemed
to have been abandoned if all requirements, including filing of forms and payment
of fees, have not been completed within one year from the date first filed. 	[Eff
and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: HRS §460-4)
SUBCHAPTER 3
EXAMINATION
§16-93-12 	Examination requirements. 	The examination registration
requirements for the National Board of Osteopathic Medical Examiners, Inc., and
the Federation of State Medical Board of the United States, Inc., are as follows:
(1) 	The applicant shall apply directly with the National Board of
Osteopathic Examiners Inc., for examination which is divided into
three examination parts:
(A) 	Part I may be taken after satisfactorily completing one-half
of the second year in an approved college of osteopathic
medicine;
(B) 	Part II may be taken after satisfactorily completing part I
and one-half of senior year in an approved college of
osteopathic medicine;
(C) 	Part III may be taken after satisfactorily completing parts I
and II, earning a Doctor of Osteopathy degree from an
approved college of osteopathic medicine, and completing
at least six months of internship; and
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(2) 	The applicant shall apply with the board for examination with the
Federation of State Medical Board of the United States, Inc. [Eff
8/15/64; am and ren 3.1, 8/7/70; am and ren §16-93-12, 7/2/81; am
and comp 2/4/83; am and comp 2/9/90] (Auth: HRS §460-4) (Imp:
HRS §460-4)
SUBCHAPTER 4
LICENSE
§16-93-16 	Biennial renewal. 	Renewal fees paid by mail shall be
considered as paid when due if the envelope bears the postmark of June^O30 or
earlier in each even-numbered year. 	[Eff 8/15/64; am and ren 1.12, 3/28/66; am
and ren 4.1, 8/7/70; am and ren §16-93-16, 7/2/81; am and comp 2/4/83; comp
2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-5)
§16-93-17 	Activation of license. 	(a) Prior to activation of a license and
entering into active practice in this State the licensee shall give the board written
notification of the intended location of the licensee’s practice.
(b) 	Any 	licensee 	who 	has 	ceased 	to 	engage 	in 	the 	practice 	of
osteopathy in this State for a period of two or more years and who plans to
practice in this State shall be considered as a licensee entering into active practice.
(c) 	Before entering active practice, the licensee shall:
(1) 	Notify the board of licensee’s intent to resume and the intended
location of the practice of osteopathy in this State;
(2) 	File an affidavit with the board describing the licensee’s activities
during the inactive period; and
(3) 	Complete an application for activation of license and pay such fees
as are required by the board and includes but not limited to
verification of licenses from each jurisdiction where an osteopathic
license was held. 	[Eff 8/7/70; am and ren §16-93-17, 7/2/81; am
and comp 2/4/83; am and comp 2/9/90] (Auth: HRS §460-4) (Imp:
HRS §460-4)
§16-93-18 	Restoration of forfeited license. 	A license which has been
forfeited for failure to pay the biennial renewal fee as required may be restored
by the board:
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(1) 	Within two years of the date of forfeiture upon written application
and payment of the biennial renewal fee, penalty fee, and the
applicable compliance resolution fund assessments; or
(2) 	After two years from the date of forfeiture upon written application
and 	payment 	of 	the 	biennial 	renewal 	fee, 	penalty 	fee, 	and
compliance resolution fund assessments; provided the board may
require the applicant to provide verification of licenses from all
jurisdiction in which the applicant held a license from the time of
forfeiture. 	[Eff and comp 2/9/90] (Auth: 	HRS §460-4) (Imp:
HRS §460-4)
SUBCHAPTER 5
NOTIFICATION
§16-93-21 Notification of change of name or current address. Any change
of name or mailing address shall be filed with the board within thirty days of the
change. 	[Eff 8/15/64; ren 1.13, 3/28/66; am and ren 5.1, 8/7/70; am and ren
§16-93-21, 7/2/81; am and comp 2/4/83; comp 2/9/90] (Auth: HRS §460-4) (Imp:
HRS §460-4)
SUBCHAPTER 6
CODE OF ETHICS
§16-93-23 	Standards of behavior. 	Licensees shall be bound by the code
of ethics as adopted and printed in the current directory of the American
Osteopathic Association. [Eff 8/7/70; am and ren §16-93-23, 7/2/81; comp 2/4/83;
am and comp 2/9/90] (Auth: 	HRS §460-4) (Imp: 	HRS §460-4)
SUBCHAPTER 7
§16-93-24 	Repealed. 	[R 2/9/90]
§16-93-25 	Repealed. 	[R 2/9/90]
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§16-93-26 	Repealed. 	[R 2/9/90]
§16-93-27 	Repealed. 	[R 2/9/90]
§16-93-28 	Repealed. 	[R 2/9/90]
§16-93-29 	Repealed. 	[R 2/9/90]
§16-93-30 	Repealed. 	[R 2/9/90]
§16-93-31 	Repealed. 	[R 2/9/90]
SUBCHAPTER 8
PRACTICE AND PROCEDURE
§16-93-36 	Administrative practice and procedure. 	The rules of practice
and procedure for osteopathy shall be as provided in chapter 16-201, the rules of
practice and procedure of the department, which are incorporated by reference and
made a part of this chapter. 	[Eff and comp 2/9/90] (Auth: 	HRS §91-2) (Imp:
HRS §91-2)
SUBCHAPTER 9
ORAL TESTIMONY
§16-93-40 	Oral testimony. 	(a) The board shall accept oral testimony on
any item which is on the agenda, provided that the testimony shall be subject to
the following conditions:
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(1) 	Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at
that time shall state the item on which testimony is to be presented:
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) 	The board may rearrange the items on the agenda for the purpose
of providing for the most efficient and convenient presentation of
oral testimony;
(4) 	Persons presenting oral testimony shall, at the beginning of the
testimony, identify themselves and the organization, if any, that
they represent;
(5) 	The board may limit oral testimony to a specified time period but
in no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive
any oral or documentary evidence from a person on any matter which is the
subject of another proceeding pending subject to the hearings relief, declaratory
relief, or rule relief provisions of chapter 16-201.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board’s agenda. 	[Eff
and comp 2/9/90] (Auth: 	HRS §92) (Imp: HRS §92-3)
SUBCHAPTER 10
OSTEOPATHIC PHYSICIAN’S ASSISTANT
§16-93-44 	Purpose. 	The purpose of this section is to implement section
460-1(2), HRS, to provide the osteopathic physician’s assistant standards of
supervision. [Eff and comp 2/9/90] (Auth: HRS §460-1(2) (Imp: HRS §460-1(2))
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§16-93-45 	Standards of supervision. 	The following shall apply to the
osteopathic physician’s assistants but not those persons, such as nurses and clerical
personnel, who provide limited assistance to a licensed osteopathic physician and
surgeon:
(1) 	Osteopathic physician’s assistant shall be employed by the licensed
osteopathic physician and surgeon and the osteopathic physician’s
assistant shall not charge fees to patients for services;
(2) 	Care rendered by an osteopathic physician’s assistant should be
given in the presence of a licensed osteopathic physician and
surgeon; however, an osteopathic physician’s assistant may provide
certain medical services to patients without direct supervision
where in the physician and surgeon’s opinion a patient is not
endangered nor where unforseen complications could arise;
(3) 	Services rendered by an osteopathic physician’s assistant shall be
those commonly furnished in licensed osteopathic physician and
surgeon’s office;
(4) 	An osteopathic physician’s assistant shall not be called on to render
medical judgments without consent and approval of the licensed
physician and surgeon; and
(5) 	The osteopathic physician’s assistant augments and not supplements
the care rendered by a licensed osteopathic physician and surgeon.
[Eff and comp 2/9/90] (Auth: 	HRS §460-1(2)) (Imp: 	HRS
§460-1(2))
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Amendments to and compilation of chapter 16-93, and the repeal of
chapter 16-158, Hawaii Administrative Rules, on the Summary Page dated
November 17, 1989, were adopted on November 17, 1989, following a public
hearing held on November 16, 1989, after public notices were given in the
Honolulu Star-Bulletin, Honolulu Advertiser, Hawaii Tribune-Herald, West Hawaii
Today, Maui News, and the Garden Island News on October 18, 1989.
These rules shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ Rod G. Bjordahl
ROD G. BJORDAHL, Chairman
Board of Osteopathic Examiners
APPROVED AS TO FORM: 	Date: 12/8/89
/s/ Norma Doctor Sparks
Deputy Attorney General
APPROVED: 	Date: 	1/17/90
/s/ Robert A. Alm
ROBERT A. ALM
Director of Commerce and Consumer Affairs
APPROVED: 	Date: 	1/30/90
/s/ John Waihee
JOHN WAIHEE
Governor
State of Hawaii
January 30, 1990
Filed
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DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-93
Hawaii Administrative Rules
November 17, 1989
SUMMARY
1. 	§§16-93-2 to 16-93-4 are amended.
2. 	A new §16-93-4.1 is added.
3. 	§§16-93-5 to 16-93-8 are amended.
4. 	A new §16-93-9 is added.
5. 	§16-93-12 is amended.
6. 	§16-93-17 is amended.
7. 	A new §16-93-18 is added.
8. 	§16-93-23 is amended.
9. 	§§16-93-24 to 16-93-31 are repealed.
10. 	A new subchapter 8 (§16-93-36) is added.
11. 	A new subchapter 9 (§16-93-40) is added.
12. 	A new subchapter 10 (§§16-93-44 to 16-93-45) is added.
13. 	Chapter 16-93 is compiled.
14. 	Chapter 16-158 is repealed.
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TITLE 16
DEPARTMENT OF REGULATORY AGENCIES
CHAPTER 158
UNIFORM RULES OF ADMINISTRATIVE PROCEDURE
of the Board of Osteopathic Examiners
Repealed
§§16-158-1 to 16-158-80 	Repealed. 	[2/9/90]
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