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:

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:

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.