HOUSE OF REPRESENTATIVES

H.B. NO.

1131

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICINE.

 

 

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

 


SECTION 1. Section 453-1, Hawaii Revised Statutes, is amended to read as follows:

"453-1 Practice of medicine defined. (a) For the purposes of this chapter the practice of medicine by a physician or an osteopathic physician includes the use of drugs and medicines, water, electricity, hypnotism, osteopathic medicine, or any means or method, or any agent, either tangible or intangible, for the treatment of disease in the human subject; provided that when a duly licensed physician or osteopathic physician pronounces a person affected with any disease hopeless and beyond recovery and gives a written certificate to that effect to the person affected or the person's attendant nothing herein shall forbid any person from giving or furnishing any remedial agent or measure when so requested by or on behalf of the affected person.

(b) No act or omission by a physician under this section shall be deemed to constitute the crime of murder in the second degree or manslaughter, even though the act or omission may have a secondary effect of advancing the time of death.

This section shall not amend or repeal the law respecting the treatment of those affected with Hansen's disease.

(c) For purposes of this chapter, "osteopathic medicine" means the utilization of full methods of diagnosis and treatment in physical and mental health and disease, including the prescribing and administration of drugs and biologicals of all kinds, operative surgery, obstetrics, radiological, and other electromagnetic emissions, and placing special emphasis on the interrelation of the neuro-musculoskeletal system to all other body systems, and the amelioration of disturbed structure-function relationships by the clinical application of the osteopathic diagnosis and therapeutic skills for the maintenance of health and treatment of disease."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

End-of-life care

 

Description:

Provides that the acts or omissions of a physician engaged in the practice of medicine shall not make the physician liable for murder in the second degree or manslaughter even if the act or omission has the secondary effect of advancing the time of death of a patient.

 

 

 

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