STAND. COM. REP. NO. 695-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1991

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1991 entitled:

"A BILL FOR AN ACT RELATING TO AUTOMATIC EXTERNAL DEFIBRILLATORS,"

begs leave to report as follows:

The purpose of this bill is to save the lives of more cardiac arrest victims by expanding the use and availability of automated external defibrillators (AED). This bill provides immunity from liability for:

(1) Any physician who administers free AED programs; and

(2) Any person responsible for a site where an AED is located;

except as may result from gross negligence or wanton acts or omissions.

The Judiciary, American Heart Association, and a concerned individual submitted testimony in support of this measure. The Consumer Lawyers of Hawaii offered comments.

Your Committee finds that this measure will help remove barriers to implementing life-saving AED programs.

 

Your Committee has amended this bill by:

(1) Clarifying that a person trained to use an AED is immune from liability regardless of where the AED that is used is located; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1991, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1991, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair