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HI HB549

Bill

Status

Introduced

1/23/2017

Primary Sponsor

Ken Ito

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Amends Section 327E-9(b) of Hawaii Revised Statutes to modify immunity protections for agents, guardians, and surrogates making health-care decisions under advance directives.

  • Removes blanket immunity for good faith health-care decisions and instead requires complainants to prove by clear and convincing evidence that the decision was contrary to the patient's intent before liability can be imposed.

  • Clarifies that agents, guardians, and surrogates remain protected from civil liability, criminal liability, and professional discipline unless their decisions demonstrably violated the patient's wishes.

  • Takes effect upon approval with no retroactive application to rights, duties, penalties, or proceedings that existed before the law's enactment.

Legislative Description

Relating To Advance Health-care Directives.

Advance Health-Care Directives

Last Action

Re-referred to HHS, JUD, referral sheet 1

1/17/2018

Committee Referrals

Health & Human Services1/17/2018
Health1/25/2017

Full Bill Text

No bill text available