Hawaii
Hawaii

Hawaii

Hawaii does not impose any administrative or operational mandates on AED programs, giving organizations significant freedom in how they choose to acquire, deploy, and manage their defibrillators. While this flexibility can make it easier for organizations to get started with an AED program, it also places the responsibility squarely on the organization to make thoughtful decisions about device placement, maintenance, and staff readiness. Without state-mandated guidelines to follow, having a structured internal program in place becomes even more important to ensure that devices are always ready when needed. The Good Samaritan law grants immunity to individuals involved in AED-related activities, but not for other program management tasks, meaning that those who step in to use a defibrillator during a cardiac emergency are protected from civil liability, while broader administrative responsibilities remain outside the scope of that protection. Additionally, the state has no specific requirements for AED placement in designated locations, leaving organizations free to determine where devices are best positioned based on foot traffic, building layout, and the specific needs of the people they serve. Despite the lack of mandated placement rules, positioning AEDs in visible, easily accessible locations and ensuring that staff know where they are remains a best practice that can significantly improve outcomes in a real emergency.

Hawaii Law Key Takeaways

Requirement

Summary

Good Samaritan Law
An individual acting in good faith and without expecting payment, who uses an AED to try to revive someone at immediate risk of dying, will not be liable for civil damages.

Hawaii Statutes and Regulations

(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:

โ€œAutomated external defibrillator programโ€ means an appropriate training course that includes cardiopulmonary resuscitation and proficiency in the use of an automated external defibrillator.

โ€œGood faithโ€ 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.

Note: This page serves as an educational resource on Automated External Defibrillators (AEDs) and related legal frameworks. AEDleader.com provides this content for general knowledge purposes and does not claim it to be exhaustive or infallible regarding interpretations of AED laws. It should not be considered legal counsel. We invite you to contact us for detailed guidance on complying with AED regulations specific to your location.

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