STAND. COM. REP. NO. 1287

Honolulu, Hawaii

RE:    H.B. No. 1537

       H.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 1537, H.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 include an automated external defibrillator training program among the entities that are excluded from vicarious liability for civil damages resulting when an automated external defibrillator is administered in good faith by a Good Samaritan.

     The liability exclusion provided by this measure is afforded only when the person administering the defibrillator does so in good faith, with no expectation of remuneration, and for the purpose of resuscitating a person in immediate danger of loss of life.  An exception to the liability exclusion is provided when the damages result from the gross negligence or wanton acts or omissions of the person administering the automated external defibrillator.

     This measure encourages the provision of education about automated external defibrillators.  Your Committee finds that this measure will also increase the implementation of automated external defibrillators and lead to greater survival rates from cardiac arrest in Hawaii.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1537, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

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BRIAN T. TANIGUCHI, Chair