STAND. COM. REP. NO. 2493
Honolulu, Hawaii
S.D. 1
President of the Senate
Twenty-Fourth State Legislature
State of Hawaii
Madam:
Your Committee on Health, to which was referred S.B. No. 3077 entitled:
"A BILL FOR AN ACT RELATING TO VOLUNTEER MEDICAL ASSISTANCE SERVICES,"
begs leave to report as follows:
The purpose of this measure is to provide immunity from liability and workers' compensation for licensed medical personnel providing volunteer medical services on behalf of the State or a county.
Testimony in support of the measure was submitted by the Department of Health and one individual. Testimony in opposition of the measure was submitted by the Consumer Lawyers of Hawaii.
Your Committee finds that, currently, licensed medical professionals provide volunteer services for and within the State. Although such services are within the scope of their licenses, these licensed individuals are not indemnified by the State when responding in emergency situations. This liability can have a chilling effect on the provision of critical volunteer medical services by qualified individuals that are necessary to supplement the State's own medical personnel, especially in the cases of disasters or emergencies. This measure extends immunity from liability and workers' compensation for licensed medical personnel who provide volunteer medical services for the State or a county. Your Committee determines that such immunity will help to develop a strong volunteer workforce of medical professionals to support public health interventions and for emergency medical surge capacity.
Testimony provided raised concerns regarding the need for clarification to ensure that the State indemnifies the negligent acts or omissions of volunteer medical assistance personnel to protect and provide relief for individuals suffering harm from such negligence.
Accordingly, your Committee has amended this measure by inserting clarifying language regarding the State's or county's liability with respect to the negligent acts or omissions of volunteer medical assistance personnel.
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 S.B. No. 3077, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3077, S.D. 1, and be referred to the Committees on Judiciary and Labor and Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Health,
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DAVID Y. IGE, Chair |
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