Protections afforded to a treating physician or advanced practice registered nurse
HRS §329-126
in effect329-126. Protections afforded to a treating physician or advanced practice registered nurse
(a) No physician or advanced practice registered nurse shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of cannabis for a qualifying patient; provided that:
(1) The physician or advanced practice registered
nurse has diagnosed the patient as having a debilitating medical condition, as
defined in section 329-121;
(2) The physician or advanced practice registered
nurse has explained the potential risks and benefits of the medical use of
cannabis, as required under section 329-122;
(3) The written certification is based upon the
physician's or advanced practice registered nurse's professional opinion after
having completed a full assessment of the patient's medical history and current
medical condition made in the course of a bona fide physician-patient
relationship or bona fide advanced practice registered nurse-patient
relationship, as applicable; and
(4) The physician or advanced practice registered
nurse has complied with the registration requirements of section 329-123.
(b) For purposes of this section, a bona fide
physician-patient relationship may be established via telehealth, as defined in
section 453-1.3(j), and a bona fide advanced practice registered nurse-patient
relationship may be established via telehealth, as defined in section 457-2;
provided that treatment recommendations that include certifying a patient for
the medical use of cannabis via telehealth shall be allowed only after an
initial in-person consultation between the certifying physician or advanced practice
registered nurse and the patient.
[L 2000, c 228, pt of §2; am L 2016, c 230,
§12; am L 2017, c 170, §2; am L 2018, c 116, §24]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0126.htmFetched: 11/10/2026