STAND. COM. REP. 2952
Honolulu, Hawaii
, 2004
RE: H.B. No. 1991
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Health, to which was referred H.B. No. 1991, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO AUTOMATIC EXTERNAL DEFIBRILLATORS,"
begs leave to report as follows:
The purpose of this measure is to provide immunity from liability for any physician who administers automatic external defibrillators (AED) without remuneration.
This measure also provides immunity for any person responsible for the site where an AED is located; clarifies that immunity for AED-trained individuals applies to any AED device, regardless of location.
Testimony in support of this measure was received from the Judiciary and American Heart Association. Consumer Lawyers of Hawaii submitted comments.
Your Committee finds that the enactment of legislation five years ago that allowed appropriately trained lay rescuers to use AEDs resulted in the survival of dozens of cardiac arrest victims who might have died absent the legislation. The law, however, only exempted persons who completed an AED program administered by a physician from liability, which in effect blocked potential AED sites from implementing programs. Your Committee finds that this measure, which protects physicians from liability, will help remove barriers to implementing life-saving AED programs.
Your Committee has amended this measure by:
(1) Deleting subsection (g), because subsection (f) adequately clarifies that a person trained to use an AED at one location is covered for liability when using an AED at another location; 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 Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1991, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1991, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Health,
____________________________ ROSALYN H. BAKER, Chair |
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