HOUSE OF REPRESENTATIVES	H.B. NO.	1725
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to medical liability.

 

 

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

 

     SECTION 1.  The legislature finds that liability for medical products encourages manufacturer diligence, requires essential testing be conducted, and protects consumers from dangerous products.  Therefore, manufacturers of mandated medical products should not be exempt from these important processes.  Denying access to justice through civil suit is antithetical to the principles of consumer protection and corporate accountability.  The purpose of this Act is to protect consumers' right to be compensated for serious injury or death that is related to a mandated medical product.

     SECTION 2.  Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§325-   Medical Liability for Mandated Products.  (a)  Notwithstanding any other law, a person may not be required by the state or any public entity in this state to take, be administered or otherwise receive or disclose whether the person has taken, been administered, or otherwise received a medical product unless the manufacturer of the medical product is liable for any death or serious injury caused by the medical product.

     (b)  For the purposes of this section a “medical product” means any medical device, drug, or biologic."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Minority Caucus Package; Liability; Consumer Protection

 

Description:

Ensures that any mandated medical products are subject to standard liability.

 

 

 

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