STAND. COM. REP. NO. 803

Honolulu, Hawaii

RE:    S.B. No. 1675

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1675, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to remove training in an automated external defibrillator (AED) program administered by a physician as a prerequisite for relief from civil liability for a person who administers an AED, without remuneration or expectation of remuneration, in a good faith attempt to resuscitate a person in immediate danger of loss of life.  This bill also changes "automatic" to "automated" throughout the statutory provisions.

     Your Committee received testimony in support of this measure from a concerned individual.  The American Heart Association submitted testimony in support of the intent of the bill.

     Your Committee was informed that 2006 American Heart Association policy recommendations on Community Lay Rescuer AED Programs advised against conditioning liability protection on training and medical direction.  Your Committee finds that this measure will enhance public access to lifesaving AED procedures.

     Although section 1 of this bill amends section 453-2(b)(5), Hawaii Revised Statutes (HRS), to replace the word "automatic" with "automated" in several places, section 453-2(b)(5)(B) continues to contain an exception that applies to any person "who successfully completes training under an [automatic] automated external defibrillator program administered by a physician."  As this measure advances, your Committee recommends that further consideration be given to whether section 453-2(b)(5) needs further revision to reflect the amendment to section 663-1.5(e), HRS, in section 2 of the bill that removes successful completion of training under an AED program administered by a physician as a prerequisite to relief from civil liability.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1675, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

CLAYTON HEE, Chair