HRS §327K-3
Protection from legal trouble for following do-not-resuscitate orders
This section protects doctors, nurses, and other health care workers from being sued, charged with a crime, or accused of misconduct when they follow a do-not-resuscitate order in good faith. It also protects people who make decisions about these orders for a patient, as long as they act in good faith.
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The statute, as written — 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 residential care home operator, skilled nursing facility operator, hospital, or person employed by or under contract with a hospital shall be subject to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for: (1) Carrying out in good faith, a decision regarding treatment orders, including cardiopulmonary resuscitation by or on behalf of a patient pursuant to orders in a form and in compliance with the standards and procedures set forth in this chapter; or (2) Providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued on a form; provided that the person reasonably and in good faith: (A) Was unaware of the issuance of an order not to resuscitate; or (B) Believed that any consent to treatment orders, including the order not to resuscitate, had been revoked or canceled. (b) No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent, in good faith and on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter.
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