Hawaii Revised Statutes
327. Medical and Research Use of Bodies
327-51 Exemption from strict liability.

Revision Note
This part was renumbered from part IV.
§327-51 Exemption from strict liability. No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or otherwise transferring any tissue, organ, blood or component thereof, from one or more persons, living or dead, to another person, shall be liable as a result of any such activity, save and except that each such person or entity shall remain liable for the person's or its own negligence or wilful misconduct. [L 1971, c 102, §1; gen ch 1985]
Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.
Case Notes
Blood shield law precluded strict liability but not negligence claims of hemophiliac exposed to AIDS virus through injections of blood component, although actual tortfeasor was not identified, under market-share theory of liability. 72 H. 416, 823 P.2d 717; 971 F.2d 375.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 19. Health

327. Medical and Research Use of Bodies

327-1 to 9 REPEALED. § §327-1 to 14 REPEALED. §327-1 Short title.

327-2 Definitions.

327-3 Applicability.

327-4 Who may make an anatomical gift before donor's death.

327-5 Manner of making an anatomical gift before donor's death.

327-6 Amending or revoking an anatomical gift before donor's death.

327-7 Refusal to make an anatomical gift and effect of refusal.

327-8 Preclusive effect of an anatomical gift, amendment, or revocation.

327-9 Who may make an anatomical gift of decedent's body or body part.

327-10 Manner of making, amending, or revoking an anatomical gift of decedent's body or body part.

327-11 Persons that may receive anatomical gift; purpose of anatomical gift.

327-12 Search and notification.

327-13 Delivery of document of gift not required; right to examine.

327-14 Rights and duties of procurement organization and others.

327-15 Coordination of procurement and use.

327-16 Sale or purchase of body parts prohibited.

327-17 Penalty.

327-18 Immunity.

327-19 Law governing validity; choice of law as to execution of document of gift; presumption of validity.

327-20 Donor registry.

327-21 Effect of anatomical gift on advance health-care directive.

327-22 Cooperation between medical examiner or coroner and procurement organization.

327-23 Facilitation of an anatomical gift from a decedent whose body is under the jurisdiction of the medical examiner or coroner.

327-24 Hawaii organ and tissue education special fund.

327-25 Uniformity of application and construction.

327-26 Relation to Electronic Signatures in Global and National Commerce Act.

327-21 to 24 REPEALED. §327-31 REPEALED.

327-32 Administration; duties of health officers.

327-33 to 327-35 REPEALED.

327-36 Final disposition of anatomical gifts.

327-37 REPEALED.

327-38 Prohibitions; penalty.

327-39 Immunity from liability.

327-51 Exemption from strict liability.

327-52 Requests for anatomical gifts.