| 47 | | - | SECTION 1. The legislature finds that all people deserve access to abortion care and the freedom to decide whether and when to become parents. Last year, Texas and Mississippi challenged, in the United States Supreme Court, the constitutional protections for abortion rights. With federal protections for abortion care in question, Hawaii cannot afford to have statutory gaps in state laws that put access to abortion at risk. The legislature further finds that all pregnant persons in the State have the right to abortion care, including transgender and gender nonbinary people. The legislature recognizes that many transgender and gender nonbinary people in Hawaii already face tremendous obstacles to accessing basic health care, including sexual and reproductive health services. Using gender-neutral language in Hawaii's abortion statutes will help safeguard access to abortion care for all pregnant persons in the State who need it. The legislature also finds that, while Hawaii offers some of the country's broadest protections for abortion rights, state laws still contain archaic provisions that threaten criminal punishment for some health providers who are engaging in safe and basic care. The legislature intends to provide clarity by ensuring statutory consistency across state abortion codes. In 2021, Hawaii passed legislation to allow advanced practice registered nurses and physicians to provide medication and procedural abortion care. Statutory consistency between the nursing and physician chapters of the Hawaii Revised Statutes will leave no doubt that the intent of this legislature is to ensure that advanced practice registered nurses may legally provide abortion care. Accordingly, the purpose of this Act is to strengthen and protect inclusive access to abortion and the full range of sexual and reproductive health care by clarifying and amending existing state law. SECTION 2. Section 453-16, Hawaii Revised Statutes, is amended to read as follows: "§453-16 Intentional termination of pregnancy; penalties; refusal to perform. (a) [No abortion shall be performed in this State unless: (1) The abortion is performed by a] A licensed physician [or], surgeon, or [by a] licensed osteopathic physician and surgeon[; and (2) The] may provide abortion care, provided that any procedural abortion [is] shall be performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or physician's or osteopathic physician's office. [(b) Abortion shall mean an operation to intentionally terminate termination of the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section. (c)] (b) The State shall not deny or interfere with a [female's] pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the [female.] pregnant person. [(d)] (c) Any person who knowingly violates subsection (a) shall be fined not more than $1,000 [or imprisoned not more than five years, or both]. [(e)] (d) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal. (e) "Abortion" shall mean termination of the pregnancy of a nonviable fetus." SECTION 3. Section 457-8.7, Hawaii Revised Statutes, is amended as follows: "[[]§457-8.7[]] Advanced practice registered nurses; abortions by medication or aspiration; penalties; refusal to perform. (a) Notwithstanding section 453-16 or any other law to the contrary, an advanced practice registered nurse may provide medication or aspiration abortion care [in the first trimester of pregnancy], so long as the advanced practice registered nurse: (1) Has prescriptive authority; (2) Practices within the advanced practice registered nurse's practice specialty; (3) Has a valid, unencumbered license obtained in accordance with this chapter; and (4) The aspiration abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or advance practice registered nurse's office. (b) Abortion shall mean an intentional termination of the pregnancy of a nonviable fetus. [The termination of a pregnancy of a viable fetus is not included in this section.] (c) The State shall not deny or interfere with a [female's] pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the [female.] pregnant person. (d) Any person who knowingly violates subsection (a) shall be fined no more than $1,000 [or imprisoned no more than five years, or both]. (e) Nothing in this section shall require any hospital or any person to participate in an abortion, nor shall any hospital or any person be liable for a refusal." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that all people deserve access to abortion care and the freedom to decide whether and when to become parents. Last year, Texas and Mississippi challenged in the United States Supreme Court the constitutional protections for abortion rights. With federal protections for abortion care in question, Hawaii cannot afford to have statutory gaps in state laws that put access to abortion at risk. The legislature further finds that all pregnant persons in the State have the right to abortion care, including transgender and gender nonbinary people. The legislature recognizes that many transgender and gender nonbinary people in Hawaii already face tremendous obstacles to accessing basic health care, including sexual and reproductive health services. Using gender-neutral language in Hawaii's abortion statutes will help safeguard access to abortion care for all pregnant persons in the State who need it. The legislature also finds that, while Hawaii offers some of the country's broadest protections for abortion rights, state laws still contain archaic provisions that threaten criminal punishment for some health providers who are engaging in safe and basic care. The legislature intends to provide clarity by ensuring statutory consistency across state abortion codes. In 2021, Hawaii passed legislation to allow advanced practice registered nurses and physicians to provide medication and procedural abortion care. Statutory consistency between the physician and nursing chapters of the Hawaii Revised Statutes will leave no doubt that the intent of this legislature is to ensure that advanced practice registered nurses may legally provide abortion care. Accordingly, the purpose of this Act is to strengthen and protect inclusive access to abortion and the full range of sexual and reproductive health care by clarifying and amending existing state law. SECTION 2. Section 453-16, Hawaii Revised Statutes, is amended to read as follows: "§453-16 Intentional termination of pregnancy; penalties; refusal to perform. [(a) No abortion shall be performed in this State unless: (1) The abortion is performed by a] A licensed physician [or], surgeon, or [by a] licensed osteopathic physician and surgeon[; and (2) The] may provide abortion care, provided that any procedural abortion [is] shall be performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or physician's or osteopathic physician's office. (b) Abortion shall mean [an operation to intentionally terminate] termination of the pregnancy of a nonviable fetus. [The termination of a pregnancy of a viable fetus is not included in this section.] (c) The State shall not deny or interfere with a [female's] pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the [female.] pregnant person. (d) Any person who knowingly violates subsection (a) shall be fined not more than $1,000 [or imprisoned not more than five years, or both]. (e) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal." SECTION 3. Section 457-8.7, Hawaii Revised Statutes, is amended by amending subsections (a), (b), (c), and (d) to read as follows: "(a) Notwithstanding section 453-16 or any other law to the contrary, an advanced practice registered nurse may provide medication or aspiration abortion care [in the first trimester of pregnancy], so long as the advanced practice registered nurse: (1) Has prescriptive authority; (2) Practices within the advanced practice registered nurse's practice specialty; (3) Has a valid, unencumbered license obtained in accordance with this chapter; and (4) The aspiration abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or advance practice registered nurse's office. (b) Abortion shall mean an intentional termination of the pregnancy of a nonviable fetus. [The termination of a pregnancy of a viable fetus is not included in this section.] (c) The State shall not deny or interfere with a [female's] pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the [female.] pregnant person. (d) Any person who knowingly violates subsection (a) shall be fined no more than $1,000 [or imprisoned no more than five years, or both]." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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