Report Title:

Emergency Room Physicians; Good Samaritan

Description:

Provides additional protection for physicians who render medical services in genuine emergency situations involving an immediate threat of death or serious bodily injury.

HOUSE OF REPRESENTATIVES	H.B. NO.	1636
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EMERGENCY MEDICAL PHYSICIANS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the fear of excessive jury awards, coupled with limited insurance coverage, and rising liability premiums has created undue financial pressure on medical physicians, forcing them to limit or quit providing emergency medical care.

     This situation not only hurts doctors, but potentially limits patient access to quality emergency medical care.  Hawaii citizens need protection against true negligence and malpractice, while also protecting Hawaii’s physicians who provide emergency medical care against unfounded lawsuits.

     Accordingly, the purpose of this Act is to provide additional protection for physicians who render medical services in emergency situations involving an immediate threat of death or serious bodily injury.

     SECTION 2.  Section 663-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "§663-1.5  Exception to liability.  (a)  Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person's acts or omissions, except for such damages as may result from the person's gross negligence or wanton acts or omissions.

     (b)  No act or omission of any rescue team or physician working in direct communication with a rescue team operating in conjunction with a hospital or an authorized emergency vehicle of the hospital or the State or county, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team, the physicians, or the owners or operators of such hospital or authorized emergency vehicle, if good faith is exercised.

     This section shall not relieve the owners or operators of the hospital or authorized emergency vehicle of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team or any damages resulting from gross negligence or wanton acts or omissions.

     (c)  Any physician licensed to practice under the laws of this State or any other state who in good faith renders emergency medical care in a hospital to a person[,] who has not been discharged from the hospital and is in immediate danger of loss of life[, without remuneration or expectation of remuneration,] or has a serious bodily injury shall not be liable for any civil damages, if the physician exercises that standard of care expected of similar physicians under similar circumstances[.] except damages resulting from the physician's gross negligence or wanton acts or omissions.

(d)  Any physician licensed to practice under the laws of this State or any other state who in good faith renders emergency obstetrical medical care in a hospital to a person who is in immediate danger of loss of life or serious bodily injury, has not been discharged from medical care in the hospital, and:

(1) Has not received prenatal care; or

(2) Has no previous doctor/patient relationship between the physician or a member of the physician's practice,

shall not be liable for any civil damages unless damages resulted from the physician's gross negligence or wanton acts or omissions.

     [(d)] (e)  Any person or other entity who as a public service publishes written general first aid information dealing with emergency first aid treatment, without remuneration or expectation of remuneration for providing this public service, shall not be liable for any civil damages resulting from the written publication of such first aid information except as may result from its gross negligence or wanton acts or omissions.

     [(e)] (f)  Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions.

     Any person, including an employer, who provides for an automated external defibrillator shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees 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 automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions.

     [(f)] (g)  Any physician who administers an 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 automated external defibrillator, except as may result from the physician's gross negligence or wanton acts or omissions.

     [(g)] (h)  This section shall not relieve any person, physician, or employer of:

     (1)  Any other duty imposed by law regarding the designation and training of persons or employees;

     (2)  Any other duty imposed by provisions regarding the maintenance of equipment to be used for resuscitation; or

     (3)  Liability for any damages resulting from gross negligence, or wanton acts or omissions.

     [(h)] (i)  For the purposes of this section:

     "Automated external defibrillator program" means an appropriate training course that includes cardiopulmonary resuscitation and proficiency in the use of an automated external defibrillator.

     "Good faith" includes but is not limited to a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed.

     "Rescue team" means a special group of physicians, basic life support personnel, advanced life support personnel, surgeons, nurses, volunteers, or employees of the owners or operators of the hospital or authorized emergency vehicle who have been trained in basic or advanced life support and have been designated by the owners or operators of the hospital or authorized emergency vehicle to attempt to provide such support and resuscitate persons who are in immediate danger of loss of life in cases of emergency."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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