HOUSE OF REPRESENTATIVES	H.B. NO.	2312
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO TORTS.

 

 

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

 

     SECTION 1.  The legislature finds that every day, over seven hundred lives are lost to sudden cardiac arrest in the United States.  Two out of three deaths occur before victims can reach hospitals.  More than ninety-five per cent of cardiac arrest victims will die; many die due to the lack of readily available life saving medical equipment.  Up to thirty per cent of cardiac arrest victims could be saved if they had access to immediate medical response, including defibrillation and cardiopulmonary resuscitation.

     Lay rescuer programs that provide early recognition of cardiac arrest, early cardiopulmonary resuscitation, and early defibrillation within the first minutes of cardiac arrest can increase survival by seven times or more.  Communities that have implemented programs ensuring widespread public access to defibrillators, combined with appropriate training, maintenance, and coordination with local emergency medical systems, have dramatically improved the survival rates for victims in cardiac arrest.  In Hawaii, the promotion of early cardiopulmonary resuscitation and defibrillation use could save an additional one hundred victims of sudden cardiac arrest each year.    Accordingly, the purpose of this Act is to promote early cardiopulmonary resuscitation to victims in cardiac arrest by excepting from liability persons who, in good faith, perform or train others to perform cardiopulmonary resuscitation.

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

     1.  By amending subsections (e) and (f) to read:

     "(e)  Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a [person] patient in [immediate danger of loss of life] a perceived medical emergency when administering cardiopulmonary resuscitation or 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 a cardiopulmonary resuscitation training program, an automated external defibrillator, or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of [the persons or employees] a person who, in good faith and without remuneration or the expectation of remuneration, [attempt] attempts to resuscitate a [person] patient in [immediate danger of loss of life] a perceived medical emergency by administering cardiopulmonary resuscitation or an automated external defibrillator, except as may result from [a] the person's [or employer's] gross negligence or wanton acts or omissions.

     (f)  Any physician or physician assistant who administers a cardiopulmonary resuscitation training program or 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 administration of cardiopulmonary resuscitation or the use of an automated external defibrillator, except as may result from the physician's or physician assistant's gross negligence or wanton acts or omissions."

     2.  By amending subsection (h) to read:

     "(h)  For the purposes of this section:

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

     "Cardiopulmonary resuscitation" means an emergency procedure consisting of the manual application of chest compressions, with or without ventilations, to maintain circulation for patients in cardiac arrest.

     "Cardiopulmonary resuscitation training program" means an appropriate training course that provides instruction on:

     (1)  Recognizing a victim of cardiac arrest;

     (2)  Manual application of chest compressions, with or without ventilations, to maintain circulation for patients in cardiac arrest which may be taught through visual media, brochures, or hands-on training sessions; and

     (3)  Providing immediate notification to emergency medical services by calling 911.

     "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[.]; and actions that are reasonable under the circumstances.

     "Perceived medical emergency" means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition regarding the heart or other cardiopulmonary functioning of the individual that requires an immediate medical response.

     "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] patients 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 on July 1, 2050.

 

 

Report Title:

Liability; Good Faith; Cardiopulmonary Resuscitation

 

Description:

Relieves good Samaritans from liability who perceive a medical emergency when performing CPR, defines CPR as chest compressions, with or without ventilation, and, among other things, requires CPR training programs to include instructions on calling 911.  Effective July 1, 2050.  (HB2312 HD1)

 

 

 

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