Bill Text: HI SB2394 | 2020 | Regular Session | Introduced
Bill Title: Relating To Limited Service Pregnancy Centers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-23 - Referred to CPH, JDC. [SB2394 Detail]
Download: Hawaii-2020-SB2394-Introduced.html
THE SENATE |
S.B. NO. |
2394 |
THIRTIETH LEGISLATURE, 2020 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
relating to limited service pregnancy centers.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 200, Session Laws of Hawaii 2017 (Act 200), required that limited service pregnancy centers distribute information relating to comprehensive family planning services, including services not offered by the limited service pregnancy center, to their clients or patients. Act 200 was subsequently codified as sections 321-561 and 321-562, Hawaii Revised Statutes.
The legislature further finds that, in Calvary Chapel Pearl Harbor v. Suzuki, Civil Action No. 17-00326-DKW-KSC (2018), the United States District Court for the District of Hawaii declared section 321-561(b) and (c), Hawaii Revised Statutes, to be unconstitutional in light of the Supreme Court of the United States decision in National Institute of Family and Life Advocates v. Becerra, 138 S.Ct. 2361 (2018), and issued a permanent injunction against enforcement of that section.
Accordingly, the purpose of this Act is to repeal sections 321-561 and 321-562, Hawaii Revised Statutes.
SECTION 2. Section 321-561, Hawaii Revised Statutes, is repealed.
["[§321-561] Limited service pregnancy centers; notice of
reproductive health services. (a) For purposes of this section, "limited
service pregnancy center" or "center":
(1) Means a
facility that:
(A) Advertises
or solicits clients or patients with offers to provide prenatal sonography,
pregnancy tests, or pregnancy options counseling;
(B) Collects
health information from clients or patients; and
(C) Provides
family planning or pregnancy-related services, including but not limited to
obstetric ultrasound, obstetric sonogram, pregnancy testing, pregnancy
diagnosis, reproductive health counseling, or prenatal care; and
(2) Shall not
include a health care facility. For the
purposes of this paragraph, a "health care facility" means any
facility designed to provide comprehensive health care, including but not
limited to hospitals licensed pursuant to chapter 321, intermediate care
facilities, organized ambulatory health care facilities, emergency care
facilities and centers, health maintenance organizations, federally qualified
health centers, and other facilities providing similarly organized
comprehensive health care services.
(b) Every limited service pregnancy center in the
State shall disseminate on-site to clients or patients the following written notice
in English or another language requested by a client or patient:
"Hawaii has public programs
that provide immediate free or low-cost access to comprehensive family planning
services, including, but not limited to, all FDA-approved methods of contraception
and pregnancy-related services for eligible women.
To apply online for medical
insurance coverage, that will cover the full range of family planning and
prenatal care services, go to mybenefits.hawaii.gov.
Only ultrasounds performed by
qualified health care professionals and read by licensed clinicians should be
considered medically accurate."
The notice shall contain the
internet address for online medical assistance applications and the statewide
phone number for medical assistance applications.
(c) The information required by subsection (b)
shall be disclosed in at least one of the following ways:
(1) A public notice
on a sign sized at least eight and one-half inches by eleven inches, written in
no less than twenty-two point type, and posted in a clear and conspicuous place
within the center's waiting area so that it may be easily read by individuals
seeking services from the center; or
(2) A printed or
digital notice written or rendered in no less than fourteen point type that is
distributed individually to each patient or client at the time of check-in for
services; provided that a printed notice shall be available to all individuals
who cannot or do not wish to receive the notice in a digital format.
(d) No limited service pregnancy center that
collects health information from any individual seeking or receiving its
services shall disclose any individually identifiable health information to any
other person, entity, or organization without express written authorization
from the subject individual. Any
disclosure made under this section shall be limited by the express terms of the
written authorization and all applicable state and federal laws and
regulations, including the federal Health Insurance Portability and
Accountability Act of 1996 and title 45 Code of Federal Regulations part 164.
(e) A limited service pregnancy center that
provides or assists in the provision of pregnancy testing shall provide the
individual tested with a free written statement of the results of the pregnancy
test in English or another language requested by a client or patient
immediately after the test is completed.
(f) Upon receipt of a written request from an
individual to examine or copy all or part of the individual's recorded health
information or other information retained by a limited service pregnancy
center, the center shall, promptly as required under the circumstances but in
no case later than fifteen working days after receiving the request:
(1) Make the
information available for examination by the individual during regular business
hours;
(2) Provide a free
copy to the individual, if requested;
(3) Inform the
individual if the information does not exist or cannot be found; and
(4) If the center
does not maintain the record or information, inform the individual of that fact
and provide the name and address of the entity that maintains the record or
information."]
SECTION 3. Section 321-562, Hawaii Revised Statutes, is repealed.
["[§321-562] Limited service pregnancy centers;
enforcement; private right of action. (a) A limited service pregnancy center that
violates section 321-561 shall be liable for a civil penalty of $500 for a
first offense and $1,000 for each subsequent offense. If the center is provided with reasonable
notice of noncompliance, which informs the center that it is subject to a civil
penalty if it does not correct the violation within thirty days from the date
the notice is sent to the center, and the violation is not corrected as of the
expiration of the thirty-day notice period, the attorney general may bring an
action in the district court of the district in which the center is located to
enforce this section.
A civil penalty imposed pursuant
to this subsection shall be deposited to the credit of the general fund.
(b) Any person who is aggrieved by a limited
service pregnancy center's violation of section 321-561 may bring a civil
action against the limited service pregnancy center in the district court of
the district in which the center is located to enjoin further violations and to
recover actual damages sustained together with the costs of the suit including
reasonable attorneys' fees. The court
may, in its discretion, increase the award of damages to an amount not to
exceed three times the actual damages sustained. If damages are awarded pursuant to this
subsection, the court may, in its discretion, impose on a liable center a civil
fine of not more than $1,000 to be paid to the plaintiff.
A party seeking civil damages
under this subsection may recover upon proof of a violation by a preponderance
of the evidence.
For the purposes of this
subsection, "person" includes a natural or legal person.
(c) The enforcement procedure and remedies
provided by this section shall be in addition to any other procedure or remedy that
may be available to the State or a person aggrieved by a violation of this
chapter.
(d) This section and section 321-561 are not
intended to require regulation or oversight of limited service pregnancy
centers by the department of health."]
SECTION 4. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
|
|
Report Title:
Limited Service Pregnancy Centers; Notice of Reproductive Health Services; Repeal
Description:
Repeals sections 321-561 and 321-562, Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.