REPORT TITLE: 
Impaired Drivers


DESCRIPTION:
Imposes upon and gives health care providers treating persons
involved in motor vehicle collisions whose blood/urine has one
or more drugs that impair a person's ability to operate a
vehicle in a careful and prudent manner, the same requirements
and protections that now exist for the treatment of persons with
alcohol in their blood.  (HB2090 HD1)      

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2090
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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's blood meets
 
 8 or exceeds the amount specified in section 291-4[,] or the
 
 9 person's blood or urine contains one or more drugs that impair a
 
10 person's ability to operate a vehicle in a careful and prudent
 
11 manner as specified in section 291-7, and has a reasonable belief
 
12 that the person was the driver of a motor vehicle involved in the
 
13 [accident] collision, the health care provider shall notify, as
 
14 soon as reasonably possible, any law enforcement officer present
 
15 at the health care facility to investigate the [accident]
 
16 collision or, if no such officer is present, the county police
 
17 department in the county where the [accident] collision occurred.
 
18 Where the health care provider is aware of any blood or urine
 
19 test result as provided in the preceding sentence, but lacks
 

 
Page 2                                                     2090
                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
Page 3                                                     2090
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (b)  Any authorized person who properly withdraws blood or
 
 2 collects urine from another person at the written request of a
 
 3 police officer for testing of the blood's [alcoholic content,]
 
 4 alcohol concentration or drug content or the drug content of the
 
 5 urine, and any hospital, laboratory, or clinic, employing or
 
 6 utilizing the services of such person, and owning or leasing the
 
 7 premises on which such tests are performed, shall not be liable
 
 8 for civil damages resulting from the authorized persons acts or
 
 9 omissions in withdrawing the blood[,] or collecting urine, except
 
10 for such damages as may result from the authorized person's gross
 
11 negligence or wanton acts or omissions."
 
12      SECTION 3.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date. 
 
15      SECTION 4.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.