Hawaii
Hawaii has no administrative or operational requirements for AED programs. The Good Samaritan immunity is available for all AED program participants but only when AED related activities are done. All other AED program management activities are not covered. Hawaii does not require AEDs to be placed in any specific areas.
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Hawaii Law Key Takeaways
| Requirement | Summary |
|---|---|
| Good Samaritan Law | Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any AED…shall not be liable for any civil damages. |
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Hawaii Statutes and Regulations
*Hawaii Revised Statutes -- 663-1.5. Exception to liability.
(e) Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions.
Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions.
(f) Any physician or physician assistant who administers an automated external defibrillator program without remuneration or expectation of remuneration shall not be liable for any civil damages resulting from any act or omission involving the use of an automated external defibrillator, except as may result from the physician's or physician assistant's gross negligence or wanton acts or omissions.
(h) This section shall not relieve any person, physician, physician assistant, or employer of:
(1) Any other duty imposed by law regarding the designation and training of persons or employees;
(2) Any other duty imposed by provisions regarding the maintenance of equipment to be used for resuscitation; or
(3) Liability for any damages resulting from gross negligence, or wanton acts or omissions.
(i) For the purposes of this section:
“Automated external defibrillator program” means an appropriate training course that includes cardiopulmonary resuscitation and proficiency in the use of an automated external defibrillator.
“Good faith” includes but is not limited to a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed.
*Codes and regulations cited from Justia US Law.
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