ER physicians may
report drunk drivers

Conferees clear a bill directing
doctors to report intoxication

By Jim Witty
Star-Bulletin

Emergency room physicians could soon be required to notify police if automobile accident victims are legally drunk.

House and Senate conferees yesterday agreed to terms of the measure that frees physicians from confidentiality requirements.

"This is one of those logical ones," said Dr. Len Howard, Hawaii Medical Association legislative analyst. "It just makes sense. If you have to report gunshot wounds, stabbings and elder abuse, then we should certainly be reporting alcohol and drug abuse because they are an equal threat to life."

During hearings on the measure, physicians explained that they are often compelled to remain silent even when the driver in a car crash is clearly intoxicated. Typically, if an ambulance transports the person to a hospital emergency room, chances are slim there will be a drunken driving arrest.

"We're putting our health care providers in a completely untenable position," said Deputy Attorney General Kurt Spohn. "Often, the (provider) must witness the carnage caused by a drunk driver, but remain silently in possession of compelling evidence that could convict the drunk driver. This is extremely stressful to many health care providers, who would gladly report the blood tests if they could."

Currently, state law requires emergency personnel to follow ethical standards adopted by the Hawaii Medical Association and American Medical Association that doctor-patient confidentiality must be protected unless the law says otherwise.

The bill, which faces a vote in the House and Senate, would take effect upon signing by Gov. Ben Cayetano.