Impaired Drivers

Permits testing of person's blood or urine for drug content
following collision.  Provides immunity to person withdrawing
blood for testing of drugs.  Includes schedule V controlled
substances within definition of "drugs".

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 286-163, Hawaii Revised Statutes, is
 2 amended by amending subsection (b) to read as follows:
 3      "(b)  If a health care provider who is providing medical
 4 care in a health care facility to any person involved in a motor
 5 vehicle [accident,] collision becomes aware, as a result of any
 6 blood test performed in the course of medical treatment, that the
 7 alcohol or drug content in the person's blood meets or exceeds
 8 the amount specified in section 291-4[,] or 291-7, and has a
 9 reasonable belief that the person was the driver of a motor
10 vehicle involved in the [accident,] collision, the health care
11 provider shall notify, as soon as reasonably possible, any law
12 enforcement officer present at the health care facility to
13 investigate the [accident] collision or, if no such officer is
14 present, the county police department in the county where the
15 [accident] collision occurred.  Where the health care provider is
16 aware of any blood test result as provided in the preceding
17 sentence, but lacks information to form a reasonable belief as to
18 the identity of the driver involved in a motor vehicle
19 [accident,] collision, then the health care provider shall give

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 1 notice as provided in the preceding sentence for all persons
 2 involved in a motor vehicle [accident] collision whose alcohol or
 3 drug content in the person's blood meets or exceeds the amount
 4 specified in section 291-4[.] or 291-7.  The notice by the health
 5 care provider shall consist of the name of the person being
 6 treated, the blood alcohol level or the presence of drugs
 7 disclosed by the test, and the date and time of the
 8 administration of the test.  Such notice shall be deemed to
 9 satisfy the intoxication element necessary to establish the
10 probable cause requirement set forth in subsection (c)."
11      SECTION 2.  Section 291-7, Hawaii Revised Statutes, is
12 amended by amending subsection (a) to read as follows:
13      "(a)  A person commits the offense of driving under the
14 influence of drugs if the person operates or assumes actual
15 physical control of the operation of any vehicle while under the
16 influence of any drug [which] that impairs [such] the person's
17 ability to operate the vehicle in a careful and prudent manner.
18 The term "drug" as used in this section shall mean any controlled
19 substance as defined and enumerated on schedules I through [IV] V
20 of chapter 329."
21      SECTION 3.  Section 663-1.9, Hawaii Revised Statutes, is
22 amended by amending subsections (a) and (b) to read as follows:

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 1      "(a)  Any health care provider who, in good faith in
 2 compliance with section 286-163, provides notice concerning the
 3 alcohol or drug content of a person's blood shall be immune from
 4 any civil liability in any action based upon the compliance.  The
 5 health care provider shall also be immune from any civil
 6 liability for participating in any subsequent judicial proceeding
 7 relating to the person's compliance.
 8      (b)  Any authorized person who properly withdraws blood from
 9 another person at the written request of a police officer for
10 testing of the blood's alcoholic and drug content, and any
11 hospital, laboratory, or clinic, employing or utilizing the
12 services of such person, and owning or leasing the premises on
13 which such tests are performed, shall not be liable for civil
14 damages resulting from the authorized person's acts or omissions
15 in withdrawing the blood, except for such damages as may result
16 from the authorized person's gross negligence or wanton acts or
17 omissions."
18      SECTION 4.  This Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun, before its effective date.
21      SECTION 5.  Statutory material to be repealed is bracketed.
22 New statutory material is underscored.

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 1      SECTION 6.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:_________________________