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HI SB2098
Bill
Status
1/21/2016
Primary Sponsor
Clarence Nishihara
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AI Summary
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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.
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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.
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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.
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Does not affect rights, duties, penalties, or proceedings that existed or began before the Act's effective date.
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Takes effect upon approval.
Legislative Description
Professional Medical Discretion; State Employees
Last Action
The committee on CPH deferred the measure.
2/17/2016