Bill Text: HI SB1491 | 2024 | Regular Session | Introduced
Bill Title: Relating To Reproductive Health Care Services.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1491 Detail]
Download: Hawaii-2024-SB1491-Introduced.html
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THE SENATE |
S.B. NO. |
1491 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to reproductive health care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that, in 1970, Hawai`i became the first state in the United States to decriminalize abortion. Hawai`i law clearly states that the State may not deny or interfere with this right. Pursuant to sections 453-16 and 457‑8.7, Hawaii Revised Statutes, "[t]he 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".
The legislature also finds that, for forty-nine years, the United States Supreme Court protected a federal right to abortion based on the Court's decision in Roe v. Wade. However, Roe was overturned by the Court's recent decision in Dobbs v. Jackson Women's Health Organization, resulting in a number of states banning or severely restricting access to abortion. Following the Dobbs decision, many states also implemented policies imposing civil or criminal liability or professional discipline in connection with the provision or receipt of, or assistance with, reproductive health care services, including services provided or received outside the states' borders.
The legislature declares that it is unacceptable for other states to seek to reach across state lines to penalize individuals for health care services that were lawfully received or provided in Hawai`i. Several states have already enacted legislation in response to these kinds of overreaching policies. In October 2022, the former governor of Hawai`i, David Y. Ige, issued Executive Order No. 22-05 to help protect access to reproductive health services and to protect the privacy of persons who access, assist with, or provide these services in the State.
Accordingly, the purpose of this Act is to codify this executive order by:
(2) Requiring the department of health to maintain on its website information about access to abortion in the State, including current information about state law; and
(3) Requiring the director of commerce and consumer affairs to assess and report to the legislature whether any legislation is needed to ensure that no person is disqualified from licensure or subject to professional discipline based on the lawful receipt or provision of reproductive health care services in the State.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321-
Access to reproductive
health care services; privacy. (a)
Except as otherwise required by law or by order of a court of competent
jurisdiction, no agency of the State or any of its political subdivisions shall
provide any information, including patient medical records, patient-level data,
or related billing information or expend state resources in furtherance of any
inquiry, investigation, or proceeding initiated in or by another state seeking
to impose civil, criminal, or professional liability on a person or entity for:
(1) Providing or receiving reproductive
health care services that are lawful in this State; or
(2) Assisting or supporting any person
or entity with providing or receiving reproductive health care services that
are lawful in this State.
(b) The restrictions set forth in this section
shall not apply to any investigation or proceeding where it reasonably appears
that the conduct that is subject to potential liability under the investigation
or proceeding initiated in or by another state would also be subject to civil
or criminal liability or professional sanction under the laws of Hawaii. If the conduct being investigated would also
violate the laws of this State, agencies of the State or any of its political
subdivisions may provide information or assistance in connection with the investigation
or proceeding if authorized in writing by the subject of the investigation or
proceeding.
(c) Any agency of the State or any of its
political subdivisions shall decline a request from an
executive authority of any other state to issue a warrant for the arrest or
surrender of a person charged by another state with a criminal violation of law
if the violation involves the provision or receipt of, or assistance with,
reproductive health care services, unless the acts on which the prosecution
is based would also constitute a criminal offense under the laws of Hawaii.
(d) For purposes of this section, "reproductive health care services" means all medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy, contraception, or the termination of a pregnancy."
SECTION 3. The department of health shall prominently maintain on its website information about access to abortion in the State, including current information about state law, for use by the public and heath care providers.
(1) For providing, receiving, or assisting with the provision or receipt of reproductive health care services; or
(2) As a consequence of any judgment, discipline, or other sanction threatened or imposed under the laws of another state relating to reproductive health care services;
provided that the services are lawful in Hawaii and consistent with standards of good professional practice in the State.
(b)
The director shall submit a report of the director's findings and
recommendations, including any proposed legislation, to the legislature no
later than twenty days prior to the convening of the regular session of 2024.
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. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Department of Commerce and Consumer Affairs; Reproductive Health Care Services; Privacy; Report
Description:
Prohibits, with certain exceptions, any state agency or political subdivision from providing private information regarding, or authorizing an arrest warrant based on, the receipt or provision of, or assistance with, reproductive health care services that are lawful in the State. Requires the Department of Health to maintain on its website information about access to abortion in the State, including current information about state law. Requires the Director of Commerce and Consumer Affairs to assess and report to the Legislature on any policy changes or legislation needed to ensure that no person is disqualified from licensure or subject to professional discipline based on the lawful receipt or provision of, or assistance with, reproductive health care services 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.
