REPORT TITLE:
Auto Collision; Reporting


DESCRIPTION:
Requires a health care provider to report to the police when
treating a patient who was in an auto collision and whose blood
contained one or more drugs.  Clarifies health care immunity when
reporting to police.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3074
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HIGHWAY SAFETY.



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 person's
 
 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
 

 
Page 2                                                     3074
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 3                                                     3074
                                     S.B. NO.           
                                                        
                                                        

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