Hawaii
Hawaii Revised Statutes | Division 1: Government | Title 19: Health | Chapter 327L: Our Care, Our Choice Act
Note:
The following provisions are contained in an act that legalizes assisted suicide for Hawaiian residents who are at least 18 years of age, have been diagnosed with a terminal illness, and who are expected to die within six months.
While 327L-19(a) subsections 2 and 4 state that no
health care provider can be penalized for refusing to participate in
assisted suicide, 327L-19(e) defines "participation" to exclude referral
in relation to all of the provisions of 327L-19.
This
means that a health care provider who refuses to refer a patient for
assisted suicide is exposed to legal liability. The analogous
provision in Oregon's Death With Dignity Act
(upon which the Our Care, Our Choice Act is based) defines
participation to exclude referral only in specific relation to the ability
of a health care institution to discipline a physician who refers a patient
in the institution for assisted suicide. [Full
text of Act]
-Ad-Administrator-
HI Rev Stat ยง 327L-19 (2018)
Immunities; basis for prohibiting health care provider from
participation; notification; permissible sanctions.
(a) Except as provided in section -20 and subsection (c):
(1) No person shall be subject to civil or criminal
liability or professional disciplinary action for participating or acting in
good faith compliance with this chapter, including being present when a
qualified patient self-administers the prescribed medication to end the
qualified patient's life pursuant to this chapter;
(2) No professional organization or association, health
care provider, or health care facility shall subject any person to censure,
discipline, suspension, loss of license, loss of privileges, loss of
membership, or other penalty for participating or refusing to participate in
good faith compliance with this chapter;
(3) No request by a qualified patient for a prescription
or provision by a health care provider of a prescription or medication in
good faith compliance with this chapter shall constitute neglect, harm,
self-neglect, or abuse for any purpose of law or provide the sole basis for
the appointment of a guardian or conservator;
(4) No health care provider or health care facility shall
be under any duty, whether by contract, statute, or any other legal
requirement, to participate in the provision to a qualified patient of a
prescription or of medication to end the qualified patient's life pursuant
to this chapter. If a health care provider is unable or unwilling to carry
out a patient's request under this chapter and the patient transfers the
patient's care to a new health care provider, the prior health care provider
shall transfer, upon request, a copy of the patient's relevant medical
records to the new health care provider; and
(5) No health care facility shall be subject to civil or
criminal liability for acting in good faith compliance with this chapter.
(b) Notwithstanding any other provision of law, a health care facility
may prohibit a health care provider from participating in actions covered by
this chapter on the premises of the health care facility if the health care
facility has notified the health care provider of the health care facility's
policy regarding participation in actions covered by this chapter. Nothing
in this subsection shall prevent a health care provider from providing
health care services to a patient that do not constitute participation in
actions covered by this chapter.
(c) Subsection (a) notwithstanding, if the health care facility has
notified the health care provider prior to participation in actions covered
by this chapter that the health care facility prohibits participation on its
premises in actions covered by this chapter, the health care facility may
subject the health care provider to the following sanctions:
(1) Loss of privileges, loss of membership, or other
sanction provided pursuant to the medical staff bylaws, policies, and
procedures of the health care facility if the health care provider is a
member of the health care facility's medical staff and participates in
actions cdvered by this chapter while on the premises of the health care
facility other than in the private medical office of the health care
provider;
(2) Termination of lease or other property contract or
other nonmon~tary remedies provided by lease contract, not including loss or
restriction of medical staff privileges or exclusion from a provider panel,
if the health care provider participates in actions covered by this chapter
while on the premises of the health care facility or on property that is
owned by or under the direct control of the health care facility; or
(3) Termination of contract or other nonmonetary remedies
provided by contract if the health care provider participates in actions
covered by this chapter while acting in the course and scope of the health
care provider's capacity as an employee or independent contractor of the
health care facility; provided that nothing in this paragraph shall be
construed to prevent:
(A) A health care provider from participating
in actions covered by this chapter while acting outside the course and scope
of the health care provider's capacity as an employee or independent
contractor; or
(B) A patient from contracting with the patient's
attending provider, consulting provider, or counselor to act outside the
course and scope of those providers' capacity as an employee or independent
contractor of the health care facility.
(d) A health care facility that imposes sanctions pursuant to subsection
(c) shall follow all due process and other procedures the health care
facility may have that are related to the imposition of sanctions on a
health care provider.
(e) For the purposes of this section:
"Notify" means to deliver a separate statement in writing to a health
care provider specifically informing the health care 8 provider prior to the
health care provider's participation in actions covered by this chapter of
the health care facility's policy regarding participation in actions covered
by this chapter.
"Participate in actions covered by this chapter" means to perform the
duties of an attending provider pursuant to section -4, the consulting
provider function pursuant to section -5, or the counseling referral
function or counseling pursuant to section -6. The term does not include:
(1) Making an initial determination that a patient has a
terminal disease and informing the patient of the medical prognosis;
(2) Providing information about this chapter to a patient
upon the request of the patient;
(3) Providing a patient, upon the request of the patient,
with a referral to another physician; or
(4) Entering into a contract with a patient as the
patient's attending provider, consulting provider, or counselor to act
outside of the course and scope of the health care provider's capacity as an
employee or independent contractor of a health care facility.
(f) Action taken pursuant to sections -4 through -6 shall not be the sole
basis for disciplinary action under sections 453-8, 465-13, or 467E-12.