REPORT TITLE:
Liability of State Employees


DESCRIPTION:
Prevents personal suits for medical malpractice from being
brought against licensed professionals employed by the State
while acting within the scope of their employment.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            640         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LIABILITY OF STATE EMPLOYEES.


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

 1      SECTION 1.  Chapter 662, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�662-     Exception to medical liability for state
 
 5 employees.  (a)  No action for injury or death shall be brought
 
 6 against a state employee employed or acting as a clinical
 
 7 laboratory technologist or technician, dentist, nurse, nursing
 
 8 home administrator, osteopath, physician, surgeon, physical
 
 9 therapist, podiatrist, veterinarian, or psychologist within the
 
10 scope of the employee's job duties, who is duly licensed or
 
11 registered under the laws of the State as such, based upon:
 
12      (1)  The employee's alleged professional negligence;
 
13      (2)  The rendering of professional services without consent;
 
14           or
 
15      (3)  The error or omission in the employee's practice while
 
16           acting within the scope of the employee's employment,
 
17 except for such damages as may result from the employee's gross
 
18 negligence, or wanton acts or omissions.
 
19      (b)  No action for injury or death shall be brought against
 
20 a former state employee who was employed or acted as a clinical
 
21 laboratory technologist or technician, dentist, nurse, nursing
 

 
Page 2                                         640         
                                     H.B. NO.           
                                                        
                                                        

 
 1 home administrator, osteopath, physician, surgeon, physical
 
 2 therapist, podiatrist, veterinarian, or psychologist within the
 
 3 scope of the former employee's job duties when employed by the
 
 4 State, who was duly licensed or registered under the laws of the
 
 5 State as such, based upon:
 
 6      (1)  The former employee's alleged professional negligence;
 
 7      (2)  The rendering of professional services without consent;
 
 8           or
 
 9      (3)  The error or omission in the former employee's practice
 
10           while acting within the scope of the former employee's
 
11           employment by the State,
 
12 except for such damages as may result from the former employee's
 
13 gross negligence while employed by the State, or wanton acts or
 
14 omissions."
 
15      SECTION 2.  Section 662-16, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "�662-16  Defense of state employees.  The attorney general
 
18 may defend any civil action or proceeding brought in any court
 
19 against any employee of the State for damage to property or for
 
20 personal injury, including death, resulting from the act or
 
21 omission of any state employee while acting within the scope of
 
22 the employee's employment[.]; provided that the attorney general
 
23 shall defend or cause to be defended any civil action for a
 
24 medical tort against any employee of the State while acting
 

 
Page 3                                         640         
                                     H.B. NO.           
                                                        
                                                        

 
 1 within the scope of the employee's employment.  The employee
 
 2 against whom such civil action or proceeding is brought shall
 
 3 deliver within the time after the date of service or knowledge of
 
 4 service as determined by the attorney general, all process or
 
 5 complaint served upon the employee or an attested true copy
 
 6 thereof to the employee's immediate superior or to whomever was
 
 7 designated by the head of the employee's department to receive
 
 8 such papers and such person shall promptly furnish copies of the
 
 9 pleadings and process therein to the department of the attorney
 
10 general.
 
11      No judgment by default shall be entered against a state
 
12 employee based on a cause of action arising out of an act or
 
13 omission of such employee while acting within the scope of the
 
14 employee's employment unless the department of the attorney
 
15 general has received a copy of the complaint or other relevant
 
16 pleadings and a period of twenty days has elapsed from the date
 
17 of such receipt.
 
18      The attorney general may also defend any civil action or
 
19 proceeding brought in any court against a county based on an
 
20 allegedly negligent or wrongful act or omission of persons
 
21 employed by a county as lifeguards and designated to provide
 
22 lifeguard services at a designated state beach park under an
 
23 agreement between the State and a county.
 

 
Page 4                                         640         
                                     H.B. NO.           
                                                        
                                                        

 
 1      The attorney general may also defend any civil action or
 
 2 proceeding brought in any court against any provider of medical,
 
 3 dental, or psychological services pursuant to contract with the
 
 4 department of public safety when the provider is sued for acts or
 
 5 omissions within the contract's scope of work."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________