Hawaii 2023 Regular Session

Hawaii House Bill HB1428 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1428 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to HEALTH care. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1428
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to HEALTH care.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature reaffirms and declares that the people of Hawaii have a right to privacy and personal autonomy that encompasses personal decisions relating to procreation, contraception, abortion, and other aspects of reproductive health and choice. The legislature finds that Hawaii has a long tradition of protecting the right to privacy and personal autonomy independently of, and more broadly than, the federal constitution. In 1970, three years before the United States Supreme Court's Decision in Roe v. Wade, Hawaii was the first state to repeal its law criminalizing abortion. In light of the United States Supreme Court's recent decision in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade, the legislature reaffirms the protections for abortion care enshrined in Hawaii law, and the State's commitment to reproductive health and choice. The legislature finds that clarity regarding Hawaii's broad protections for the right to access reproductive health services is especially important following the United States Supreme Court's Dobbs decision and the actions of other states to restrict reproductive rights. It is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6 of the Hawaii State Constitution are fundamental rights that include each person's fundamental right to make reproductive healthcare decisions about their own bodies and the right of each individual to decide whether to bear a child or obtain an abortion. The legislature 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. According to available sources, no health provider has ever been charged under these outdated statutes. The legislature also intends to provide clarity by ensuring statutory consistency across state abortion statutes. In 2021, Hawaii passed legislation to allow advanced practice registered nurses to provide medication and aspiration abortion care. Statutory consistency between the chapters of the Hawaii Revised Statutes that address physicians and nurses will leave no doubt that the intent of this legislature is to ensure that advanced practice registered nurses may legally provide abortion care. It is also the legislature's intent to clarify that, to ensure safe abortion care for patients in the State who may be unable or unwilling to seek in-person medical services, physicians and advanced practice registered nurses may administer medication abortions via telehealth. 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) A licensed physician or surgeon[,] or [by a] licensed osteopathic physician and surgeon [; and (2) The 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 physician's or osteopathic physician's office. (b) Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section. (c)] may provide abortion care. (b) A patient has the right to choose to obtain an abortion, or to terminate a pregnancy if the termination is necessary to protect the life or health of the patient. The State shall not deny or interfere with [a female'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. (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)] these rights. (c) 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. (d) For purposes of this section: "Abortion" means an intentional termination of the pregnancy of a nonviable fetus. "Nonviable fetus" means a fetus that does not have a reasonable likelihood of sustained survival outside of the uterus." SECTION 3. Section 457-8.7, Hawaii Revised Statutes, is amended to read 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; and (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)] (b) A patient has the right to choose to obtain an abortion, or to terminate a pregnancy if the termination is necessary to protect the life or health of the patient. The State shall not deny or interfere with [a female'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. (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)] these rights. (c) Nothing in this section shall require any hospital or any person to participate in an abortion, nor shall any hospital or person be liable for refusal. (d) For purposes of this section, "abortion" has the same meaning as defined in section 453‑16." SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature reaffirms and declares that the people of Hawaii have a right to privacy and personal autonomy that encompasses personal decisions relating to procreation, contraception, abortion, and other aspects of reproductive health and choice. The legislature finds that Hawaii has a long tradition of protecting the right to privacy and personal autonomy independently of, and more broadly than, the federal constitution. In 1970, three years before the United States Supreme Court's Decision in Roe v. Wade, Hawaii was the first state to repeal its law criminalizing abortion.
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51	51	In light of the United States Supreme Court's recent decision in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade, the legislature reaffirms the protections for abortion care enshrined in Hawaii law, and the State's commitment to reproductive health and choice. The legislature finds that clarity regarding Hawaii's broad protections for the right to access reproductive health services is especially important following the United States Supreme Court's Dobbs decision and the actions of other states to restrict reproductive rights.
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53	53	It is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6 of the Hawaii State Constitution are fundamental rights that include each person's fundamental right to make reproductive healthcare decisions about their own bodies and the right of each individual to decide whether to bear a child or obtain an abortion.
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55	55	The legislature 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. According to available sources, no health provider has ever been charged under these outdated statutes. The legislature also intends to provide clarity by ensuring statutory consistency across state abortion statutes. In 2021, Hawaii passed legislation to allow advanced practice registered nurses to provide medication and aspiration abortion care. Statutory consistency between the chapters of the Hawaii Revised Statutes that address physicians and nurses will leave no doubt that the intent of this legislature is to ensure that advanced practice registered nurses may legally provide abortion care.
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57	57	It is also the legislature's intent to clarify that, to ensure safe abortion care for patients in the State who may be unable or unwilling to seek in-person medical services, physicians and advanced practice registered nurses may administer medication abortions via telehealth.
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59	59	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.
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61	61	SECTION 2. Section 453-16, Hawaii Revised Statutes, is amended to read as follows:
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63	63	"§453-16 Intentional termination of pregnancy; penalties; refusal to perform. [(a) No abortion shall be performed in this State unless:
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65	65	(1) The abortion is performed by a] (a) A licensed physician or surgeon[,] or [by a] licensed osteopathic physician and surgeon [; and
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67	67	(2) The 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 physician's or osteopathic physician's office.
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69	69	(b) Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section.
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71	71	(c)] may provide abortion care.
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73	73	(b) A patient has the right to choose to obtain an abortion, or to terminate a pregnancy if the termination is necessary to protect the life or health of the patient. The State shall not deny or interfere with [a female'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.
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75	75	(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.
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77	77	(e)] these rights.
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79	79	(c) 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.
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81	81	(d) For purposes of this section:
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83	83	"Abortion" means an intentional termination of the pregnancy of a nonviable fetus.
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85	85	"Nonviable fetus" means a fetus that does not have a reasonable likelihood of sustained survival outside of the uterus."
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87	87	SECTION 3. Section 457-8.7, Hawaii Revised Statutes, is amended to read as follows:
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89	89	"[[]§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:
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91	91	(1) Has prescriptive authority;
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93	93	(2) Practices within the advanced practice registered nurse's practice specialty; and
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95	95	(3) Has a valid, unencumbered license obtained in accordance with this chapter[; and
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97	97	(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.
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99	99	(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].
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101	101	[(c)] (b) A patient has the right to choose to obtain an abortion, or to terminate a pregnancy if the termination is necessary to protect the life or health of the patient. The State shall not deny or interfere with [a female'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.
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103	103	(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.
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105	105	(e)] these rights.
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107	107	(c) Nothing in this section shall require any hospital or any person to participate in an abortion, nor shall any hospital or person be liable for refusal.
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109	109	(d) For purposes of this section, "abortion" has the same meaning as defined in section 453‑16."
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111	111	SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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113	113	SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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115	115	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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117	117	SECTION 7. This Act shall take effect upon its approval.
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121	121	INTRODUCED BY: _____________________________
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123	123	INTRODUCED BY:
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125	125	_____________________________
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131	131	Report Title: Abortion Care; Reproductive Health; Telehealth; Advanced Practice Registered Nurses Description: Prohibits the State from denying or interfering with a patient's right to choose to obtain an abortion or to terminate a pregnancy if the termination is necessary to protect the life or health of the patient. Repeals a criminal penalty for violations of certain abortion provisions. Clarifies that advanced practice registered nurses may provide abortion care. Clarifies that physicians, osteopathic physicians, and advanced practice registered nurses may administer a medication abortion via telehealth for a patient residing in the State. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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135	135	Report Title:
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137	137	Abortion Care; Reproductive Health; Telehealth; Advanced Practice Registered Nurses
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141	141	Description:
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143	143	Prohibits the State from denying or interfering with a patient's right to choose to obtain an abortion or to terminate a pregnancy if the termination is necessary to protect the life or health of the patient. Repeals a criminal penalty for violations of certain abortion provisions. Clarifies that advanced practice registered nurses may provide abortion care. Clarifies that physicians, osteopathic physicians, and advanced practice registered nurses may administer a medication abortion via telehealth for a patient residing in the State.
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151	151	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.