Title 19, Health

§327-39 Immunity from liability. A person or public or private agency shall not be liable for any damage or subject to criminal prosecution for any act done pursuant to and in compliance with this part. [L 1967, c 240, pt of §1; HRS §327-39]

[§327-4] Who may make an anatomical gift before donor's death. Subject to section 327-8, an anatomical gift of a donor's body or body part may be made during the life of the donor for transplantation, therapy, research, or education in the manner provided in section 327-5 by:

[§327-5] Manner of making an anatomical gift before donor's death. (a) A donor may make an anatomical gift: (b) A donor or other person authorized to make an anatomical gift under section 327-4 may make a gift by a donor card or other record signed by the donor or other person ma…

[PART III. GENERAL PROVISIONS] [§327-51] Exemption from strict liability. No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who assists or participates i…

[§327-52] Requests for anatomical gifts. Any person in charge of a hospital, or the designated representative of the person in charge of the hospital, other than a person connected with the determination of death, may request any of the persons in section [327-9], in the order of…

[§327-6] Amending or revoking an anatomical gift before donor's death. (a) Subject to section 327-8, a donor or other person authorized to make an anatomical gift under section 327-4 may amend or revoke an anatomical gift by: (b) A record signed pursuant to subsection (a)(1)(C) s…

[§327-7] Refusal to make an anatomical gift and effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or body part by: (b) A record signed pursuant to subsection (a)(1)(B) shall: (c) An individual may amend or revoke a refusal: (d) Ex…

[§327-8] Preclusive effect of an anatomical gift, amendment, or revocation. (a) Except as otherwise provided in subsection (g), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical…

[§327-9] Who may make an anatomical gift of decedent's body or body part. (a) Subject to subsections (b) and (c) and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for purposes of transplantation, therapy, research, or education may be made,…

§327C-1 Determination of death. (a) Except as provided in subsection (b), a person shall be considered dead if, in the announced opinion of a physician or osteopathic physician licensed under part I of chapter 453, physician or osteopathic physician excepted from licensure by sec…

[§327E-1] Short title. This chapter may be cited as the Uniform Health-Care Decisions Act (Modified). [L 1999, c 169, pt of §1]

[§327E-10] Statutory damages. (a) A health-care provider or institution that intentionally violates this chapter shall be subject to liability to the individual or the individual's estate for damages of $500 or actual damages resulting from the violation, whichever is greater, pl…

[§327E-11] Capacity. (a) This chapter does not affect the right of an individual to make health-care decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and to…

[§327E-12] Effect of copy. A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same effect as the original. [L 1999, c 169, pt of §1]

§327E-13 Effect of this chapter. (a) This chapter shall not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive. (b) Death resulting from the withholding or withdrawal of health care in accordance wit…

[§327E-14] Judicial relief. On petition of a patient, the patient's agent, guardian, or surrogate, or a health-care provider or institution involved with the patient's care, any court of competent jurisdiction may enjoin or direct a health-care decision or order other equitable r…

[§327E-15] Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 1999, c 169, pt of §1]

§327E-16 Optional form. The following sample form may be used to create an advance health-care directive. This form may be duplicated. This form may be modified to suit the needs of the person, or a completely different form may be used that contains the substance of the followin…

§327E-2 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Advance health-care directive" means an individual instruction or a power of attorney for health care. "Agent" means an individual designated in a power of attorney for health care to make…

§327E-3 Advance health-care directives. (a) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (b) An adult or emancipated minor may execute …

[§327E-4] Revocation of advance health-care directive. (a) An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider. (b) An individual may revoke all or part of an advance health-care directive, …

§327E-5 Health-care decisions; surrogates. (a) A patient may designate or disqualify any individual to act as a surrogate by personally informing the supervising health-care provider. In the absence of such a designation, or if the designee is not reasonably available, a surrogat…

§327E-6 Decisions by guardian. (a) A guardian shall comply with the ward's individual instructions and shall not revoke the ward's pre-incapacity advance health-care directive unless expressly authorized by a court. (b) Absent a court order to the contrary, a health-care decision…

[§327E-7] Obligations of health-care provider. (a) Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. (b) A…

[§327E-8] Health-care information. Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical …

[§327E-9] Immunities. (a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution shall not be subject to civil or criminal liability or to discipline for unpr…

[§327G-1] Purpose. The State finds that all competent persons have the fundamental right to control decisions relating to their own mental health care, including the decision to accept or refuse all types of mental health treatment. The rights of individuals shall be respected wh…

[§327G-10] Obligations of health care providers; limitations on liability. (a) The supervising health care provider, health care provider, or health care institution shall continue to obtain the principal's informed consent to all mental health treatment decisions when the princi…

[§327G-11] Statutory damages. (a) A supervising health care provider or health care institution that intentionally violates this chapter shall be liable to the principal or the principal's estate for damages of $500 or actual damages resulting from the violation, whichever is gre…

[§327G-12] Effect of copy. A copy of an advance mental health care directive, revocation of an advance mental health care directive, or designation, revocation, withdrawal, or rescission of withdrawal of an agent has the same effect as the original. [L 2004, c 224, pt of §2]

[§327G-13] Judicial relief. (a) On petition of a principal, the principal's agent or guardian, a health care provider, or a health care institution involved with the principal's care, any court of competent jurisdiction may enjoin or direct a mental health care decision or order …

§327G-14 Optional form. The following sample form may be used to create an advance mental health care directive. This sample form may be duplicated, or modified to suit the needs of the person. Any written document that contains the substance of the following information may be u…

§327G-2 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Advance mental health care directive" means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. "Agent" means a competent adult des…

§327G-3 Advance mental health care directive; designation of agent. (a) A competent adult or emancipated minor may make a written advance mental health care directive declaring preferences or instructions regarding mental health treatment. The preferences or instructions may incl…

[§327G-4] Revocation of advance mental health care directive. (a) A principal who has capacity at the time may revoke all or part of an advance mental health care directive, including the designation of an agent or alternate agents, at any time and in any manner that communicates…

[§327G-5] Authority and duty of agent; limitations on liability. (a) The authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination made under section 327G-7 that the principal has recovered …

[§327G-6] Withdrawal of agent; rescission of withdrawal. (a) An agent may withdraw by giving notice to the principal, if the principal has capacity at the time. If the principal lacks capacity, the agent may withdraw by giving notice to the supervising health care provider or hea…

[§327G-7] Presumption of capacity; determination of lack of capacity; recovery of capacity. (a) A principal is presumed to have capacity to make mental health care decisions and to execute or revoke an advance mental health care directive or power of attorney designating an agent…

[§327G-8] Limitations on applicability of advance mental health care directive. (a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary to the principal's preferences and in…

§327G-9 Decisions by guardian. (a) A duly appointed guardian for the principal shall comply with the principal's preferences or instructions expressed in the advance mental health care directive and shall not revoke the principal's advance mental health care directive, unless oth…

[§327H-1] Pain patient's bill of rights; findings. The legislature finds that:

§327H-2 Bill of rights. (a) The pain patient's bill of rights includes the following: (b) Nothing in this section shall be construed to:

§327K-1 Definitions. As used in this chapter, unless the context otherwise requires: "Department" means the department of health. "Form" means a provider orders for life-sustaining treatment form adopted by the department. "Health care provider" means an individual licensed, cert…

§327K-2 [Provider] orders for life-sustaining treatment form; execution; explanation; compliance; revocation. (a) The following may execute a form: The patient's provider may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with t…

§327K-3 Immunity. (a) No physician, physician assistant, advanced practice registered nurse, health care professional, nurse's aide, hospice provider, home care provider, including private duty and medicare home health providers, emergency medical services provider, adult residen…

[§327K-4] Rules. The director of health may adopt rules in accordance with chapter 91 to carry out this chapter. [L 2009, c 186, pt of §1]