HB3155

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

"§321- Volunteer medical assistance personnel. (a) All volunteer medical assistance personnel including:

(1) Physicians;

(2) Psychologists;

(3) Nurses;

(4) Emergency medical technicians;

(5) Social workers; and

(6) Mobile intensive care technicians

licensed or certified in this State, or employed by a health care facility, while providing volunteer assistance services on behalf of the State or a county, including participation during periods of assistance services and assistance training, shall be deemed state or county employees, as the case may be, and shall have the powers, duties, rights, and privileges of such in the performance of their duties as prescribed by or under the authority of the governor or a county.

(b) In the case of injury or death arising out of and in the performance of duty pursuant to this section, including duty performed during periods of training, all volunteer medical assistance personnel and their dependents shall be entitled to all of the benefits provided in chapter 386, including medical services and supplies. In the case of injury or death, no volunteer medical assistance personnel shall be excluded from coverage of chapter 386. Benefits shall be based on average weekly wages set forth in section 386-51, or based on earnings from the usual employment of the person, or based on earnings at the rate of $20 a week, whichever is most favorable to the claimant. Nothing in this section shall adversely affect the right of any person to receive any benefits or compensation under any act of Congress.

(c) Except in cases of willful or criminal misconduct, gross negligence, or reckless misconduct, any volunteer medical assistance personnel providing volunteer assistance services shall not be liable for the death of or injury to persons, or for damage to property, as a result of any act or omission in the course of rendering volunteer assistance services pursuant to this section. No act or omission shall be imputed to the owner of any vehicle by reason of ownership thereof; provided that nothing in this section shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle that may be insured under section 41D-8 to the extent of the insurance.

(d) Nothing in this section shall be construed to affect any civil action brought by the State or a county against any volunteer of the State or a county.

(e) Nothing in this section shall be construed to affect the liability of the State or a county with respect to harm caused by volunteer medical assistance personnel to any person.

(f) For the purposes of this section:

"Volunteer assistance services" means the rendering of professional medical services that are provided on behalf of the State or a county and that have been accepted by any authorized State or county personnel, respectively; provided that services provided pursuant to section 321-23.3 shall not considered to be volunteer assistance services. Volunteer assistance services shall include but not be limited to the rendering of professional medical services in support of vaccination campaigns or outreach clinics."

SECTION 2. Section 662D-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§662D-3[]] Exception. Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue and recover civil damages from a volunteer based upon:

(1) Any conduct engaged in by the volunteer that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct;

(2) Any act or omission in connection with the operation of a motor vehicle;

(3) Any conduct engaged in by the volunteer while the volunteer is unreasonably interfering with the lawful activities of another;

(4) Any conduct engaged in by the volunteer that takes place on private property when the volunteer's presence on the property was not consented to by the owner;

(5) Any act or omission within a volunteer's scope of practice for which the volunteer is licensed, certified, permitted, or registered under state law to perform[;], except that this paragraph shall not apply to volunteer assistance services provided pursuant to section 321- ; and

(6) Any criminal offense committed by the volunteer."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	3155
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII