STAND. COM. REP. NO.  461

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1636

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred H.B. No. 1636 entitled:

 

"A BILL FOR AN ACT RELATING TO EMERGENCY MEDICAL PHYSICIANS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to provide additional protection for physicians who render medical services in emergency situations involving an immediate threat of death or serious bodily injury.

 

     Specifically, this bill broadens the scope of the grant of immunity from civil action to a licensed physician for providing good faith emergency medical care in a hospital by extending that immunity to care for a person who has a serious bodily injury, while the person has still not been discharged from the hospital, and to care for a person who is in immediate danger of loss of life, unless the danger results from the physician's gross negligence or wanton acts or omissions.  The bill also clarifies that the immunity extends to emergency obstetrical medical care given under the same conditions, where the patient has not received prenatal care or has never been a patient of the physician.

 

     Your Committee received testimony in support of this bill from the Department of Commerce and Consumer Affairs, The Queen's Medical Center, the Hawaii Medical Association, and the Hawaii Association of Health Plans.  The Hawaii Association for Justice submitted testimony in opposition.  One individual offered comments.

 

     Your Committee finds that this bill establishes a uniform standard of care governing exceptions to tort liability with regard to emergency medical care, including emergency obstetrical medical care, provided by a licensed physician under certain circumstances.  Similar exceptions are currently given to "good Samaritans," publishers of public service information on emergency first aid treatment, and trained individuals who administer aid with automatic external defibrillators.  Your Committee finds that this bill will also help remove barriers to the recruitment and retention of emergency room physicians in the State.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1636 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

 

 

____________________________

RYAN I. YAMANE, Chair