Report Title:

Mental Health; Exemption from Civil Liability

Description:

Exempts, from liability, contracted mental health providers that render services to certain conditionally released persons pursuant to statutory provisions relating to fitness to proceed and penal responsibility.

THE SENATE

S.B. NO.

1769

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mental health.

 

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-    Private mental health community care provider; limited liability. Any private mental health community care provider that is or was under contract with the department of health for the provision of mental health services pursuant to section 334-2.5, and is or was providing services to those persons committed to the custody of the director of health under chapter 704 and conditionally released pursuant to sections 704-411(1)(b) or 704-415, shall not be liable for any civil damages resulting from the person's acts or omissions occurring during the course of treatment, except for any damages that result from the provider's gross negligence, or wilful or wanton acts or omissions."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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