Volunteer medical assistance personnel
HRS §321-2.5
in effect321-2.5. Volunteer medical assistance personnel
(a) This section shall apply to all volunteer medical assistance personnel, including:
(1) Physicians;
(2) Psychologists;
(3) Nurses;
(4) Emergency medical technicians;
(5) Social workers;
(6) Mobile intensive care technicians; and
(7) Physician assistants,
licensed or certified in this State, or employed by
a health care facility, while providing volunteer medical assistance services.
(b) Any volunteer medical assistance personnel
who is injured in the performance of volunteer medical assistance services,
shall be entitled to the benefits in section 386-171.
(c) Except in cases of wilful or criminal
misconduct, gross negligence, or reckless misconduct, any volunteer medical
assistance personnel providing volunteer medical assistance services shall not
be liable for the death of or injury to persons, or for damage to property, as
a result of any act or omission in the course of rendering volunteer medical
assistance services. No act or omission shall be imputed to the owner of any
vehicle by reason of ownership thereof; provided that nothing in this section
shall preclude recovery by any person for injury or damage sustained from the
operation of any vehicle that may be insured under section 41D-8 to the extent
of the insurance.
(d) Nothing in this section shall be construed
to affect any civil action brought by the State or a county against any
volunteer medical assistance personnel of the State or a county.
(e) In any suit against the State or a county
for civil damages based upon the negligent act or omission of volunteer medical
assistance personnel, proof of the negligent act or omission shall be
sufficient to establish the responsibility of the State or a county therefor
under the doctrine of respondeat superior, notwithstanding the immunity granted
to the volunteer medical assistance personnel with respect to any act or
omission included under subsection (c).
(f) For the purposes of this section:
"Volunteer medical assistance services"
means the rendering of professional medical services that are provided on
behalf of and authorized by the State or a county, including participation
during periods of volunteer medical assistance services and volunteer medical
assistance services training; provided that services provided pursuant to
section 321-23.3 shall not be considered to be volunteer medical assistance
services. Volunteer medical assistance services shall include providing
professional medical services in support of vaccination campaigns or outreach
clinics.
[L 2010, c 134, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0321/HRS_0321-0002_0005.htmFetched: 11/10/2026