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HI SB2098

Bill

Status

Introduced

1/21/2016

Primary Sponsor

Clarence Nishihara

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Provides qualified immunity from personal liability to state-employed physicians and other medical health professionals who exercise professional medical discretion within the course and scope of their employment.

  • Addresses the Slingluff v. State of Hawaii (2013) court decision, which created a distinction between medical discretion and governmental discretion that exposed state employed physicians to personal liability.

  • Extends to medical health professionals the same privileges and immunities available to other government employees under common law, federal law, or state law when acting in the course and scope of employment.

  • Does not affect rights, duties, penalties, or proceedings that existed or began before the Act's effective date.

  • Takes effect upon approval.

Legislative Description

Professional Medical Discretion; State Employees

Last Action

The committee on CPH deferred the measure.

2/17/2016

Committee Referrals

Commerce, Consumer Protection, and Health1/21/2016

Full Bill Text

No bill text available