HOUSE OF REPRESENTATIVES	H.B. NO.	2286
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES.

 

 

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

 

     SECTION 1.  The legislature finds that the recent decision in Slingluff v. State of Hawaii, 131 Haw. 239, 317 P.3d 683 (2013), created a distinction between medical discretion and governmental discretion for physicians who are employed by the State of Hawaii, unnecessarily putting state-employed professionals, who are acting in the course and scope of their employment, at personal monetary risk.

     The purpose of this Act is to clarify that professional employees who are required to abide by standards established for their profession, such as physicians, nurses, attorneys, engineers and other professionals, who are employed by the State of Hawaii, when exercising their professional judgment, are deemed to be exercising their governmental discretion as employees of the State of Hawaii.

     The legislature finds that the provisions of this Act are necessary and appropriate to enable the State to continue to attract and hire employees who are specially licensed or certified to perform services that are essential to good government.

     SECTION 2.  Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662-    Professionally licensed or certified government employees.  A person exercising professional discretion while in the course and scope of state employment shall be deemed to be exercising governmental discretion and is, therefore, afforded the same privileges and immunities under the common law, federal law, and statutes of this State, to the same extent as any other government employee who is not a professional.

     "Professional discretion" as used in this section means an  action or inaction of a state employee performing a function for which the employee is licensed or certified, while in the course and scope of state employment."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2091, and shall be effective in all lawsuits filed as of and after its approval.

 

Report Title:

Professionally Licensed Or Certified Government Employees; Privilege; Immunity

 

Description:

Provides professionally licensed or certified government employees with the same privileges and immunities as other state employees.  (HB2286 HD1)

 

 

 

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