Report Title:
Automated External Defibrillators; Liability
Description:
Abolishes requirement that automated external defibrillator program be administered by physician to be immune from tort liability under certain circumstances.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
972 |
|
TWENTY-FOURTH LEGISLATURE, 2007 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to Automated External Defibrillators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 663-1.5, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e) Any person who successfully
completes training under any [automatic] automated external
defibrillator program [administered by a physician] shall not be liable
for any civil damages resulting from any act or omission while attempting in
good faith, without remuneration or expectation of remuneration, to resuscitate
a person in immediate danger of loss of life when administering any [automatic]
automated external defibrillator, regardless of where the [automatic]
automated external defibrillator that is used is located, except as may
result from the person's gross negligence or wanton acts or omissions.
Any person, including an employer, who
establishes an [automatic] automated external defibrillator
program shall not be liable for any civil damages resulting from any act or
omission of the persons or employees trained under the program who, in good
faith and without remuneration or the expectation of remuneration, attempt to resuscitate
a person in immediate danger of loss of life by administering an [automatic]
automated external defibrillator.
(f) Any [physician] person who
administers an [automatic] automated external defibrillator
program without remuneration or expectation of remuneration shall not be liable
for any civil damages resulting from any act or omission involving the use of
an [automatic] automated external defibrillator, except as may
result from the [physician's] person's gross negligence or wanton
acts or omissions."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|