Bill Text: HI SB825 | 2019 | Regular Session | Amended
Bill Title: Relating To Medical Malpractice.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-02-07 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB825 Detail]
Download: Hawaii-2019-SB825-Amended.html
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THE SENATE |
S.B. NO. |
825 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MEDICAL MALPRACTICE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii is facing a critical physician shortage. According to the 2018 report from the Hawaii Physician Workforce Assessment Project, the State is facing a statewide shortage of seven hundred ninety-seven physicians, with the largest shortage of two hundred sixty-three physicians found in the area of primary care. This shortfall is projected to worsen with the increased demand for health care from an aging population and the retirement of an aging physician population, with particular access to care issues in rural areas of Oahu and on the neighbor islands. Even with team-based care practices using other health care providers to help deliver primary care, physicians trained in primary care will be needed to help coordinate services and appropriate care referrals. The need to educate and train, as well as retain, more doctors to care for the State's residents is a critical key component to meeting the ongoing health care needs of Hawaii's communities.
Many Hawaii citizens are unable to obtain timely and appropriate health care due to shortages of primary health care providers in the State. These shortages threaten individual health and cumulatively affect the State's health care costs. A significant barrier to increasing the pool of health care providers is the exposure of medical residents and fellows to medical malpractice litigation. Medical residents are graduates of medical school who are pursuing postgraduate residencies or fellowships to become specialists in areas including family medicine, pediatrics, surgery, or psychiatry.
The increasing frequency at which medical residents and fellows are named as parties in lawsuits alleging medical negligence discourages the State's medical school graduates from continuing their education in Hawaii and remaining in the State to practice. The post-medical school training medical residents and fellows participate in is a necessary component to completing the requirements of a medical education, leading to full licensure and specialty board certification. Throughout their training, medical residents and fellows participate in a nationally-recognized accredited program that includes the care of patients under the supervision of a fully-licensed physician. Medical residents and fellows are closely monitored, and the treatment they provide is subject to continual review by a fully-licensed physician, as well as their educational program.
Accordingly, the purpose of this Act is to encourage medical residents and fellows to apply to Hawaii-based residency programs and remain in Hawaii by providing medical residents and fellows in a graduate medical education program with limited immunity while under the supervision of a fully-licensed physician.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Medical residents and fellows; limited
liability. (a) Any resident or fellow participating in a graduate
medical education program and practicing while under supervision of a physician
duly licensed pursuant to chapter 453 shall not be liable for any civil damages
resulting from the resident's or fellow's acts or omissions, except for such
damages as may result from the resident's or fellow's gross negligence or wanton
acts or omissions.
(b) Nothing in this section shall be construed to
limit the supervising physician's liability for the supervising physician's own
actions or for the actions of the resident or fellow, except for such damages
as may result from the resident's or fellow's gross negligence or wanton acts
or omissions.
(c) For purposes of this section:
"Graduate
medical education program" shall have the same meaning as in section
304A-1701.
"Under
supervision" means under the direction of a duly licensed and credentialed
physician who is directing and has ultimate responsibility for the patient care
related activities of a resident or fellow in an accredited graduate medical
education program, including all levels and methods of supervision as specified
by the Accreditation Council for Graduate Medical Education Common Program
Requirements."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Medical Malpractice; Residents and Fellows; Limited Liability; Supervising Physicians
Description:
Limits medical malpractice liability for residents and fellows in accredited residency and fellowship programs acting under the supervision of a licensed physician. Takes effect on 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
