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Liability

Title

Profession

Summary

Liability: Nonprofit Providing Shelter

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A nonprofit organization that, in good faith and without compensation, provides shelter to a person as part of their activities will not be held legally responsible for any injury or damage. It can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

HRS 663-10.6(a)

Liability: Providing Shelter

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, an individual or organization owning or controlling real estate who, voluntarily and without compensation, allows it to be used to shelter people will not be held legally responsible for death, injury, or damage to a person's property while on their real estate.,

HRS 127A-20

Liability: Use of Private Property

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An owner of private property who, in good faith and without compensation, provides access to land, shelter, or subsistence to a person during a disaster will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

HRS 663-10.7

Powers, Duties, Rights, and Privileges: Emergency Workers Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual whose services have been accepted by an authorized person during an emergency or an emergency training will be considered a State or county employee and will have the same powers, duties, rights, and privileges of a State or county employee.,

HRS 127A-8(c)

Scope of Practice: Physician Assistant Supervision During a Disaster

Other Medical Professional, Physician,

A physician assistant licensed in a U.S. jurisdiction who is responding to an emergency or disaster can provide medical care they are authorized to provide with whatever physician supervision is available. A physician who, voluntarily and without compensation, supervises a physician assistant under this section will not be held legally responsible for any personal injury caused by the care provided by a physician assistant.,

HRS 321-23.3(e)

Liability: Use of an AED

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who, in good faith and without compensation, provides emergency care by using an AED will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

HRS 663-1.5(e)

Liability: Traffic on Private Property

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An owner of private property who, during an emergency or traffic accident, has the chief of police direct vehicles, pedestrians, or bicyclists onto their property will not be held legally responsible for any injury or death to a person or property while on the property.,

HRS 135-3

Liability: Volunteer Emergency Medical Disaster Response Personnel

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer emergency medical disaster response personnel who provide emergency services during a mass casualty event or disaster will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with intent to cause harm.,

HRS 321-23.3(d)

Liability: Donation of Goods

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who donates goods, foods, material, or services to a nonprofit organization will not be held legally responsible for injuries or damage caused by the donation. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

HRS 663-10.6(b)

Liability: Rescue Team

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A rescue team or a physician working in communication with a rescue team who, in good faith, resuscitates, or attempts to, a person in immediate danger of loss of life will not be held legally responsible.,

HRS 663-1.5(b)

Liability: Volunteer Firefighter

Firefighter,

A volunteer firefighter who, in good faith, provides their services will not be held legally responsible for acting or failing to act. They can be held legally responsible for acting with extreme carelessness or intent to cause harm.,

HRS 663-1.55

Rights, Privileges, Duties, and Powers: Volunteer Emergency Medical Disaster Response Personnel Providing Aid in Another Jurisdiction

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer emergency medical disaster response personnel who are licensed in the state and provide services related to a disaster or mass casualty event will be considered state employees and will have the same rights, privileges, duties, and powers.,

HRS 321-23.3(a)

Good Samaritan Law

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual who, in good faith and without compensation, provides emergency care at the scene of an emergency will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

HRS 663-1.5(a)

Liability: Physician or Physician Assistant Training of AED

Other Medical Professional, Physician,

A physician or physician assistant who provides a training for the use of an AED will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

HRS 663-1.5(f)

Liability: Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A volunteer who, in good faith, provides services within their scope of duties to a nonprofit, a hospital, or a government entity will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness.  This section does not apply if the volunteer is operating a motor vehicle, interferes with the lawful activities of another, or commits a criminal offense.,

HRS 662D-2

Liability: Volunteer Medical Assistance Personnel

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer medical assistance personnel who provide their services will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section does limit the State or a county from holding volunteer medical assistance personnel legally responsible.,

HRS 321-2.5(c)-(e)

License Reciprocity

Title

Profession

Summary

Hospital Privileges and Credentials: Physician and Physician Assistant

Other Medical Professional, Physician,

A physician or physician assistant licensed in the state who has privileges and credentials at a health care facility licensed in the state will have the same privileges and credentials at other hospitals to provide medical care during a mass casualty or disaster condition.,

HRS 321-23.3(b)

Powers, Duties, Rights, and Privileges: Emergency Workers Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual whose services have been accepted by an authorized person during an emergency or an emergency training will be considered a State or county employee and will have the same powers, duties, rights, and privileges of a State or county employee.,

HRS 127A-8(c)

License Reciprocity: Naturopathic Physician

Physician,

When an emergency declaration is in effect, the Hawaii Medical Board can issue temporary licenses to naturopathic physicians licensed in another state to provide care related to the declaration.,

HRS 455-8.4

License Reciprocity: Contractor

Other Volunteer,

When an emergency declaration is in effect, an out-of-state licensed contractor can be issued an emergency license when there is a need for contractors.,

HRS 444-10.6

License Reciprocity: Physician

Physician,

When a public health emergency declaration is in effect, the Hawaii medical board can issue temporary licenses to physicians and osteopathic physicians who are licensed in another jurisdiction of the U.S.,

HRS 453-3(5)

Rights, Privileges, Duties, and Powers: Volunteer Emergency Medical Disaster Response Personnel Providing Aid in Another Jurisdiction

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer emergency medical disaster response personnel who are licensed in the state and provide services related to a disaster or mass casualty event will be considered state employees and will have the same rights, privileges, duties, and powers.,

HRS 321-23.3(a)

Scope of Practice

Title

Profession

Summary

Powers, Duties, Rights, and Privileges: Emergency Workers Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual whose services have been accepted by an authorized person during an emergency or an emergency training will be considered a State or county employee and will have the same powers, duties, rights, and privileges of a State or county employee.,

HRS 127A-8(c)

Scope of Practice: Physician Assistant Supervision During a Disaster

Other Medical Professional, Physician,

A physician assistant licensed in a U.S. jurisdiction who is responding to an emergency or disaster can provide medical care they are authorized to provide with whatever physician supervision is available. A physician who, voluntarily and without compensation, supervises a physician assistant under this section will not be held legally responsible for any personal injury caused by the care provided by a physician assistant.,

HRS 321-23.3(e)

Rights, Privileges, Duties, and Powers: Volunteer Emergency Medical Disaster Response Personnel Providing Aid in Another Jurisdiction

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer emergency medical disaster response personnel who are licensed in the state and provide services related to a disaster or mass casualty event will be considered state employees and will have the same rights, privileges, duties, and powers.,

HRS 321-23.3(a)

Workers' Benefits

Title

Profession

Summary

Powers, Duties, Rights, and Privileges: Emergency Workers Providing Aid in Another Jurisdiction

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual whose services have been accepted by an authorized person during an emergency or an emergency training will be considered a State or county employee and will have the same powers, duties, rights, and privileges of a State or county employee.,

HRS 127A-8(c)

Workers' Compensation: Volunteer Law Enforcement and Firefighter

Firefighter, Law Enforcement,

A volunteer law enforcement officer or firefighter who is injured while performing their duties for the State or county is entitled to workers' compensation.,

HRS 386-181

Workers' Compensation: Volunteer Personnel

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual whose voluntary services have been accepted by an authorized person during an emergency or an emergency training and is injured is entitled to compensation for medical or hospital expenses from the State or a county.,

HRS 386-171

Workers' Compensation: Volunteer Medical Assistance Personnel

Other Medical Professional, Nurse, Physician, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Medical assistance personnel who are injured while performing their official duties will have their medical or hospital expenses covered by the State or county.,

HRS 321-2.5(b)

Workers' Compensation: Emergency Worker

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual whose services have been accepted by an authorized person during an emergency or an emergency training will be considered a State or county employee and is entitled to workers' compensation if they are injured or killed while performing these services.,

HRS 127A-8(d)

Rights, Privileges, Duties, and Powers: Volunteer Emergency Medical Disaster Response Personnel Providing Aid in Another Jurisdiction

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer emergency medical disaster response personnel who are licensed in the state and provide services related to a disaster or mass casualty event will be considered state employees and will have the same rights, privileges, duties, and powers.,

HRS 321-23.3(a)

Workers' Compensation: Volunteer Emergency Medical Disaster Response Personnel

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

Volunteer emergency medical disaster response personnel who are injured or killed while providing their professional services are entitled to workers' compensation.,

HRS 321-23.3(c)

Workers' Benefits: State or County Employee Volunteer Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A state or county employee, who is a disaster service volunteer of the American Red Cross or a federally chartered nongovernmental disaster relief organization, is entitled to leave with regular pay and without loss to seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation to participate in disaster relief operations with approval of the governor, mayor, or respective designee. The leave will be granted only for services related to a disaster designated as level III or higher by the American Red Cross or officially declared by the President or Governor. This is limited to up to 30 days of leave.,

HRS 78-23.5