HOUSE OF REPRESENTATIVES |
H.B. NO. |
2289 |
THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in the decision of Slingluff v. State, 131 Hawai‘i 239, 317 P.3d 683 (Haw. Ct. App. 2013), the Intermediate Court of Appeals held that "physicians employed by the State, including prison doctors, exercising purely medical discretion in the diagnosis and treatment of potentially injured or sick people, are not protected from medical malpractice claims by the doctrine of qualified immunity under Hawai‘i law."
The
purpose of this Act is to clarify the personal liability requirements for professionally
licensed or certified employees of the State by:
(1) Clarifying that the State shall be exclusively liable for civil tort claims resulting from the negligent or wrongful act or omission of a professionally licensed or certified employee of the State acting within the course and scope of the employee's office or employment;
(2) Precluding civil actions or proceedings for money damages against the employee, except for claims based on liability other than an employee's course and scope of employment with the State or other employer; and
(3) Clarifying liability when the State agrees to assume full or partial responsibility in a civil action against a professionally licensed or certified employee.
SECTION
2. Section 662-14, Hawaii Revised
Statutes, is amended to read as follows:
"§662-14
Exclusiveness of remedy. (a) The authority of the State or any state agency
to sue and be sued in its own name shall not be construed to authorize any
other actions against the State or such agency on claims [for torts of its
employees,] cognizable under this chapter, and the rights and
remedies provided by this chapter and section 661-11 shall be exclusive.
(b)
The remedy against the State provided by
this chapter and section 661-11 for injury or loss of property, or personal
injury or death, arising or resulting from the negligent or wrongful act or
omission of any professionally licensed or certified employee of the State
while acting within the course and scope of the employee's office or employment
shall be exclusive whenever the State agrees to be fully liable for the
injuries, losses, and damages caused by the professionally licensed or
certified employee. Any civil action or
proceeding for money damages arising out of or relating to the same subject matter
against the employee or the employee's estate shall thereafter be precluded
without regard to when the act or omission occurred; provided that claims based
on liability arising from employment with an employer other than the State
shall not be precluded. When an employee
is named in an individual capacity, the State may, notify all parties in
writing that the State is invoking exclusive liability by agreeing to be fully
liable for the injuries, losses, and damages caused by the professionally
licensed or certified employee, and the action or proceeding shall thereafter
proceed against the State alone. The
employee shall remain personally liable for those injuries, losses, and damages
for which the State has not accepted responsibility."
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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BY REQUEST |
Report Title:
Professionally Licensed or Certified Government Employees; Tort Liability; State Liability
Description:
Clarifies that the State shall be exclusively liable for claims for injury or loss of property, or personal injury or death, resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the course and scope of the employee's office or employment. Precludes civil actions or proceedings for money damages against the employee, except for claims based on liability other than an employee's course and scope of employment with the State or other employer. Clarifies liability when the State agrees to assume full or partial responsibility in a civil action against a professional licensed or certified employee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.