§327K-3 - Immunity. - Hawaii Statutes

     [§327K-3]  Immunity.  (a)  No physician, health care professional, nurse's aide, hospice provider, home care provider, including private duty and medicare home health providers, emergency medical services provider, adult residential care home operator, skilled nursing facility operator, hospital, or person employed by or under contract with a hospital shall be subject to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for:

     (1)  Carrying out in good faith, a decision regarding treatment orders, including cardiopulmonary resuscitation by or on behalf of a patient pursuant to orders in a form and in compliance with the standards and procedures set forth in this chapter; or

     (2)  Providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued on a form; provided the person reasonably and in good faith:

         (A)  Was unaware of the issuance of an order not to resuscitate; or

         (B)  Believed that any consent to treatment orders, including the order not to resuscitate, had been revoked or canceled.

     (b)  No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent, in good faith and on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. [L 2009, c 186, pt of §1]