Hawaii Revised Statutes 327e. Uniform Health-Care Decisions Act (Modified)

  • 327e-1 Short Title.
    This chapter may be cited as the Uniform Health-Care Decisions Act (Modified). [L 1999, c 169, pt of ยง1]
  • 327e-2 Definitions.
    Whenever used in this chapter, unless the context otherwise requires: "Advance health-care directive" means an individual instruction or a power of attorney for health...
  • 327e-3 Advance Health-Care Directives.
    (a) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to...
  • 327e-4 Revocation of Advance Health-Care Directive.
    (a) An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider. (b)...
  • 327e-5 Health-Care Decisions; Surrogates.
    (a) A patient may designate or disqualify any individual to act as a surrogate by personally informing the supervising health-care provider. In the absence...
  • 327e-6 Decisions by Guardian.
    (a) A guardian shall comply with the ward's individual instructions and shall not revoke the ward's pre-incapacity advance health-care directive unless expressly authorized by...
  • 327e-7 Obligations of Health-Care Provider.
    (a) Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision...
  • 327e-8 Health-Care Information.
    Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as...
  • 327e-9 Immunities.
    (a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or...
  • 327e-10 Statutory Damages.
    (a) A health-care provider or institution that intentionally violates this chapter shall be subject to liability to the individual or the individual's estate for...
  • 327e-11 Capacity.
    (a) This chapter does not affect the right of an individual to make health-care decisions while having capacity to do so. (b) An individual...
  • 327e-12 Effect of Copy.
    A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same...
  • 327e-13 Effect of This Chapter.
    (a) This chapter shall not create a presumption concerning the intention of an individual who has not made or who has revoked an advance...
  • 327e-14 Judicial Relief.
    On petition of a patient, the patient's agent, guardian, or surrogate, or a health-care provider or institution involved with the patient's care, any court...
  • 327e-15 Uniformity of Application and Construction.
    This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this...
  • 327e-16 Optional Form.
    The following sample form may be used to create an advance health-care directive. This form may be duplicated. This form may be modified to...

Note

Developing an organ donor registry. L 2008, c 165.

Law Journals and Reviews

The Death Of The Living Will And The Making Of Health Care Decisions Under Hawaii's New But Not Quite Uniform Health-Care Decisions Act. III HBJ No. 13, at pg. 29.

Elder Law Hawaii. 13 HBJ No. 13, at pg. 85.

Consent for Testing and Treatment of Minors in Hawaii. 13 HBJ No. 13, at pg. 165.

Your Body, Your Choice: How Mandatory Advance Health-Care Directives Are Necessary to Protect Your Fundamental Right to Accept or Refuse Medical Treatment. 27 UH L. Rev. 201.

Holding Hawai i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233.

Last modified: October 27, 2016