Bill Text: HI SB903 | 2019 | Regular Session | Introduced
Bill Title: Relating To Postgraduate Resident Physicians And Fellows.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2019-01-24 - Referred to HRE/CPH, JDC. [SB903 Detail]
Download: Hawaii-2019-SB903-Introduced.html
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THE SENATE |
S.B. NO. |
903 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to postgraduate resident physicians and fellows.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawai‘i is facing a critical shortage of primary care as well as specialty physicians. The total statewide physician shortage is estimated at seven hundred ninety-seven. In the case of primary care physicians, the shortage is calculated to be two hundred sixty-three physicians. This shortfall is projected to worsen with the increased demand for health care from an aging population and the retirement of an aging physician population creating access issues on O‘ahu and the neighbor islands. Even with team based care practices using other health care providers to help deliver primary care, physicians trained in primary care will be needed to help coordinate services and appropriate care referrals. The need to educate and train, as well as retain, more doctors to care for Hawai‘i's citizens is a critical key component to meeting the health care needs of the State's communities now and in the future.
The legislature further finds that many Hawai‘i citizens are unable to obtain timely and appropriate health care due to shortages of primary health care providers in the State. These shortages threaten individual health and cumulatively affect the State's health care costs. A significant barrier to increasing the pool of health care providers is the exposure of post-graduate medical or resident physicians to medical malpractice litigation. Resident physicians are graduates of medical school who are pursuing "postgraduate residencies or fellowships" to become specialists, e.g. – in family medicine, pediatrics, surgery or psychiatry.
The increasing frequency at which resident physicians are named as parties in lawsuits alleging medical negligence discourages the Hawai‘i's medical school graduates to continue their education in Hawai‘i and to remain in the State to practice. The post-medical school training the resident physician participates in is a necessary component to completing the requirements of a medical education leading to full licensure and specialty Board Certification. Throughout their training, resident physicians participate in a nationally-recognized accredited program that includes the care of patients under the supervision of a fully-licensed faculty or volunteer physician. The resident physicians are closely monitored and the treatment they provide is subject to continual review by a fully-licensed faculty or volunteer physician, as well as their educational program.
Accordingly, the purpose of this Act is to encourage postgraduate resident physicians to apply to Hawai‘i-based residency programs and remain in Hawai‘i for the good of the community by providing the postgraduate residents with limited immunity while under the supervision of a fully-licensed faculty or volunteer physician who is teaching and supervising clinical care in the context of a nationally-recognized accredited graduate medical education training program.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§304A- Immunity from liability for postgraduate
resident physicians and fellows.
(a) A
postgraduate resident physician or fellow participating in a
nationally-recognized accredited residency or fellowship training program and who
is part of a supervised practice shall not be liable
in a medical malpractice action for injury that occurs during or as a result of
care that is provided while the postgraduate resident physician or fellow is in
the program and is learning under the supervision of a fully-licensed
faculty or volunteer physician, unless gross
negligence is established by clear and convincing evidence.
(b) A postgraduate resident physician or fellow
participating in a nationally-recognized accredited residency and fellowship
training program shall not owe an independent duty of care to a patient if the
resident or fellow is participating in patient care and learning under the
supervision of a fully-licensed faculty or volunteer physician.
(c) This section shall not eliminate any
responsibility of the supervising licensed health care provider for the actions
of the postgraduate resident physician or fellow.
(d) For the purposes of this section, "nationally-recognized accredited residency and fellowship training program" includes "graduate medical education program" as that term is defined in section 304A-1701."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Education; Postgraduate Resident Physicians and Fellows; Immunity from Liability
Description:
Provides immunity from liability for postgraduate resident physicians and fellows for medical malpractice claims arising from injury that occurs as a result of care that is provided while the resident physician or fellow is participating in an accredited training program under the supervision of a licensed faculty or volunteer physician.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
