Report Title:

Emergency Room Physicians

 

Description:

Provides additional legal protection for physicians who render medical services in genuine emergency situations involving an immediate threat of death or serious bodily injury, including emergency obstetrical medical care.  (HB1636 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1636

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

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.  Chapter 671, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§671-      Exception to liability.  (a)  Any physician licensed to practice under the laws of this State or any other state who renders emergency medical care in a hospital to a person who is in immediate danger of loss of life or has a serious bodily injury shall not be liable for any civil damages arising from the physician's acts or omissions during the period of emergency medical care, unless the damages resulted from the physician's gross negligence or wanton acts or omissions.

     (b)  Any physician licensed to practice under the laws of this State or any other state who renders emergency obstetrical medical care in a hospital to a person who is in immediate danger of loss of life or serious bodily injury and:

(1)  Has not received prenatal care; or

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

shall not be liable for any civil damages arising from the physician's acts or omissions during the period of emergency medical care, unless the damages resulted from the physician's gross negligence or wanton acts or omissions.

     (c)  For the purposes of this section, "serious bodily injury" shall have the same meaning as defined in section 707-700."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2046.