Bill Text: HI HB842 | 2011 | Regular Session | Introduced


Bill Title: Abortion

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-26 - (H) Referred to HLT, CPC/JUD, referral sheet 2 [HB842 Detail]

Download: Hawaii-2011-HB842-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

842

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to abortion.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that Hawaii Medical Center, formerly known as St. Francis Hospital, and the doctors practicing there are contractually bound by the owners of the hospital, the Franciscan Sisters, not to provide abortion services, at the risk of closing the hospital.  The legislature finds that Hawaii Medical Center serves many indigent persons who otherwise may not have access to medical care, so the prospect of closing Hawaii Medical Center would place in jeopardy the access of the poor to medical care.

     Section 453-16, Hawaii Revised Statutes, permits health care providers to "opt out" of performing abortions without fear of legal liability.  However, this section also has a narrow definition of abortion that includes only an operation, and does not include newer means of performing abortions, such as chemical or pharmaceutical procedures.  As a result, health care providers may face liability for refusing to perform an abortion using these newer methods.

     The purpose of this Act is to amend the definition of abortion to include chemical and pharmaceutical procedures to ensure that health care providers who refuse to perform abortions are protected from liability.

     SECTION 2.  Section 453-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Abortion shall mean [an]:

     (1)  An operation to intentionally terminate the pregnancy of a nonviable fetus[.]; or

     (2)  The use of any chemical, drug, or medication that terminates the pregnancy of a nonviable fetus, regardless of intent.

     The termination of a pregnancy of a viable fetus is not included in this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Abortion

 

Description:

Amends the definition of abortion to include chemical or pharmaceutical means of performing abortions.

 

 

 

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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