REPORT TITLE: 
Impaired Drivers


DESCRIPTION:
Imposes upon health care providers treating persons involved in
a mortor vehicle collision where their blood or urine has one or
more drugs capable of impairing a person's ability to operate a
vehicle in a careful and prudent manner the same requirements
and protections that now exits for the treatment of persons with
alcohol in their blood.      

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2090
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO IMPAIRED DRIVERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 286-163, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  If a health care provider who is providing medical
 
 4 care in a health care facility to any person involved in a motor
 
 5 vehicle [accident] collision, becomes aware, as a result of any
 
 6 blood or urine test or tests performed in the course of medical
 
 7 treatment, that the alcohol content in the person' blood meets or
 
 8 exceeds the amount specified in section 291-4 or the persons
 
 9 blood or urine contains one or more drugs that are capable of
 
10 impairing a person's ability to operate a vehicle in a careful
 
11 and prudent manner as specified in section 291-7, and has a
 
12 reasonable belief that the person was the driver of a motor
 
13 vehicle involved in the [accident] collision, the health care
 
14 provider shall notify, as soon as reasonably possible, any law
 
15 enforcement officer present at the health care facility to
 
16 investigate the [accident] collision or, if no such officer is
 
17 present, the county police department in the county where the
 
18 [accident] collision occurred.  Where the health care provider is
 
19 aware of any blood or urine test result as provided in the
 
20 preceding sentence, but lacks information to form a reasonable
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 belief as to the identity of the driver involved in a motor
 
 2 vehicle [accident] collision, then the health care provider shall
 
 3 give notice as provided in the preceding sentence for all persons
 
 4 involved in a motor vehicle [accident] collision whose alcohol
 
 5 content in the person's blood meets or exceeds the amount
 
 6 specified in section 291-4 or whose blood or urine contains one
 
 7 or more drugs.  The notice by the health care provider shall
 
 8 consist of the name of the person being treated, the blood
 
 9 alcohol level disclosed by the test or the drug content, and the
 
10 date and time of the administration of the test.  Such notice
 
11 shall be deemed to satisfy the intoxication or drug element
 
12 necessary to establish the probable cause requirement set forth
 
13 in subsection (c)."
 
14      SECTION 2.  Section 663-1.9, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "§663-1.9  Exception to liability for health care provider,
 
17 authorized person withdrawing blood at the direction of a police
 
18 officer.(a) Any health care provider who, in good faith in
 
19 compliance with section 286-163, provides notice concerning the
 
20 alcohol [content] concentration of a person's blood or drug
 
21 content of a person's blood or urine shall be immune from any
 
22 civil liability in any action based upon the compliance.  The
 
23 health care provider shall also be immune from any civil
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 liability for participating in any subsequent judicial proceeding
 
 2 relating to the person's compliance. 
 
 3      (b)  Any authorized person who properly withdraws blood or
 
 4 collects urine from another person at the written request of a
 
 5 police officer for testing of the blood's [alcoholic content]
 
 6 alcohol concentration or drug content [,] or the drug content of
 
 7 the urine, and any hospital, laboratory, or clinic, employing or
 
 8 utilizing the services of such person, and owning or leasing the
 
 9 premises on which such tests are performed, shall not be liable
 
10 for civil damages resulting from the authorized persons acts or
 
11 omissions in withdrawing the blood[,] or collecting urine, except
 
12 for such damages as may result from the authorized person's gross
 
13 negligence or wanton acts or omissions. 
 
14      (c)  For the purpose of this section:
 
15      "Authorized person" means a person authorized under section
 
16 286-152 to withdraw blood at the direction of a police officer.
 
17      "Health care provider" has the same meaning as in section
 
18 286-163."
 
19      SECTION 3.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date. 
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                         INTRODUCED BY:___________________________