2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
334D. Diversion Program for Chemically Dependent Nurses
§334D-4 Civil immunity of third persons.
[§334D-4] Civil immunity of third persons. (a) A person, entity, professional association, peer assistance program, diversion program, or employer who, in good faith, reports information or takes action in connection with a diversion program or peer assistance program, shall be immune from civil liability for reporting the information or taking the action.
(b) A person, entity, or organization that employs a chemically dependent nurse in connection with the nurse's rehabilitation shall be entitled to civil immunity under this section while the nurse is participating in the peer assistance program or diversion program unless the person, entity, or organization:
(1) Knows or should have known that the nurse is or was incapable of performing the job functions involved; or
(2) Fails to take reasonable precautions to monitor the nurse's job performance.
(c) Any professional association, person, entity, or employer acting under this chapter shall be presumed to have acted in good faith in actions relating to the peer assistance program or diversion program. A person alleging a lack of good faith shall have the burden of proof on this issue.
(d) The immunity provided by this section shall be in addition to other immunities provided by law and shall be liberally construed to accomplish the purpose of this chapter. [L 1993, c 106, pt of §1]
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