REPORT TITLE:
State Tort Liability


DESCRIPTION:
Immunizes state employees from tort liability if they act as a
clinical laboratory technologist or technician, dentist, nurse,
nursing home administrator, osteopath, physician, surgeon,
physical therapist, podiatrist, veterinarian, or psychologist
within the course and scope of job duties; requires AG to defend.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           958
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STATE TORT LIABILITY. 


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

 1      SECTION 1.  Chapter 662, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§662-    Exception to medical liability for state
 
 5 employees.  (a)  This section applies to employees of the State
 
 6 who are clinical laboratory technologists and technicians,
 
 7 dentists, nurses, nursing home administrators, osteopaths,
 
 8 physicians, surgeons, physical therapists, podiatrists,
 
 9 veterinarians, and psychologists, collective known as "medical
 
10 personnel" for purposes of this section, and who are duly
 
11 licensed or registered under the laws of this State. 
 
12      (b)  Medical personnel shall be immune from civil liability
 
13 and damages for injury or death, or both, for the following, as
 
14 applicable:
 
15      (1)  Professional negligence, or errors or omissions, as
 
16           appropriate, arising from or connected with and made
 
17           within the scope of their job duties; or
 
18      (2)  Rendering professional services without consent of the
 
19           patient.
 

 
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 1      This subsection shall not apply to gross negligence or
 
 2 wanton acts or omissions of medical personnel.  This subsection
 
 3 shall apply to medical personnel who are current or former
 
 4 employees of the State."
 
 5      SECTION 2.  Section 662-16, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§662-16  Defense of state employees.  The attorney general
 
 8 may defend any civil action or proceeding brought in any court
 
 9 against any employee of the State for damage to property or for
 
10 personal injury, including death, resulting from the act or
 
11 omission of any state employee while acting within the scope of
 
12 the employee's employment.  The employee against whom such civil
 
13 action or proceeding is brought shall deliver within the time
 
14 after the date of service or knowledge of service as determined
 
15 by the attorney general, all process or complaint served upon the
 
16 employee or an attested true copy thereof to the employee's
 
17 immediate superior or to whomever was designated by the head of
 
18 the employee's department to receive such papers and such person
 
19 shall promptly furnish copies of the pleadings and process
 
20 therein to the department of the attorney general.
 
21      The attorney general shall defend any civil action or
 
22 proceeding for medical liability brought in any court against any
 
23 employee or former employee qualifying for immunity under section
 

 
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                                     S.B. NO.           958
                                                        
                                                        

 
 1 662-   .
 
 2      No judgment by default shall be entered against a state
 
 3 employee based on a cause of action arising out of an act or
 
 4 omission of such employee while acting within the scope of the
 
 5 employee's employment unless the department of the attorney
 
 6 general has received a copy of the complaint or other relevant
 
 7 pleadings and a period of twenty days has elapsed from the date
 
 8 of such receipt.
 
 9      The attorney general may also defend any civil action or
 
10 proceeding brought in any court against a county based on an
 
11 allegedly negligent or wrongful act or omission of persons
 
12 employed by a county as lifeguards and designated to provide
 
13 lifeguard services at a designated state beach park under an
 
14 agreement between the State and a county.
 
15      The attorney general may also defend any civil action or
 
16 proceeding brought in any court against any provider of medical,
 
17 dental, or psychological services pursuant to contract with the
 
18 department of public safety when the provider is sued for acts or
 
19 omissions within the contract's scope of work."
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 

 
 
 
 
 
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                                     S.B. NO.           958
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________