← Back to search

HRS §663-1.9

Protection from lawsuits for medical staff who help police with blood or urine tests

This law protects health care providers and other authorized people from being sued for doing blood or urine tests at a police officer's request, as long as they act in good faith and follow the rules. They are also protected if they testify in court about the test. However, they are not protected if they act with gross negligence or intentionally cause harm.

The statute, as written — Exception to liability for health care provider, authorized person withdrawing blood or urine at the direction of a police officer

(a) Any health care provider who, in good faith in compliance with section 291E-21, provides notice concerning the alcohol concentration of a person's blood or drug content of a person's blood or urine shall be immune from any civil liability in any action based upon the compliance. The health care provider also shall be immune from any civil liability for participating in any subsequent judicial proceeding relating to the person's compliance. (b) Any authorized person who properly withdraws blood or collects urine from another person at the written request of a police officer for testing of the blood's alcohol concentration or drug content or the drug content of the urine, and any hospital, laboratory, or clinic, employing or utilizing the services of such person, and owning or leasing the premises on which the tests are performed, shall not be liable for civil damages resulting from the authorized person's acts or omissions in withdrawing the blood or collecting urine, except for such damages as may result from the authorized person's gross negligence or wanton acts or omissions. (c) For the purpose of this section: "Authorized person" means a person authorized under section 291E-12 to withdraw blood at the direction of a police officer. "Health care provider" has the same meaning as in section 291E-21.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§291E-12 Who can draw blood for alcohol or drug testing

§291E-21 Testing after a crash that causes injury or death

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.