Bill Text: HI SR147 | 2021 | Regular Session | Introduced
Bill Title: Requesting Physicians And Surgeons In The State To Take Appropriate Steps To Protect The Life, Health, And Welfare Of Infants Born Alive, Even After An Attempted Abortion.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-16 - Referred to HTH, JDC. [SR147 Detail]
Download: Hawaii-2021-SR147-Introduced.html
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THE SENATE |
S.R. NO. |
147 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING PHYSICIANS AND SURGEONS IN THE STATE TO TAKE APPROPRIATE STEPS TO PROTECT THE LIFE, HEALTH, AND WELFARE OF INFANTS BORN ALIVE, EVEN AFTER AN ATTEMPTED ABORTION.
WHEREAS, the State has a paramount interest in protecting all human life; and
WHEREAS, any infant born alive, even after an attempted abortion, is a legal person for all purposes under the United States Constitution, Constitution of the State of Hawaii, and other federal and state laws; and
WHEREAS, nationwide, nearly six thousand abortions reportedly occurred after twenty weeks of gestation, a time during which a fetus could be viable; and
WHEREAS, according to Canadian statistics, four hundred ninety-one live births occurred over a nine-year period that resulted in subsequent neonatal deaths after an attempted abortion; and
WHEREAS, newborn infants who have unexpectedly survived an abortion procedure should not be denied appropriate life-saving or life-sustaining medical care and treatment and should not be left to die; and
WHEREAS, protecting an infant whose live birth occurred in spite of an attempted abortion does not infringe on a woman's right to choose or obtain an abortion under existing federal or state law, or interfere with the ability of licensed health care professionals to provide legal abortions; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, that each licensed physician and surgeon, including each licensed osteopathic physician and surgeon, in the State is requested to ensure that no infant born alive from a woman under the care of the physician or surgeon is denied or deprived of:
(1) Nourishment in a manner that would cause or allow the death of the infant; or
(2) Medically appropriate and reasonable medical care and treatment or surgical care; provided that no physician or surgeon is requested to provide medical treatment or surgical care that:
(A) Is not necessary to save the life of the infant;
(B) Has a potential risk of harm to the infant's life or health that outweighs the potential benefit to the infant of the treatment or care; or
(C) Will do no more than temporarily prolong the act of dying, as in the case of non-viable infant, when death is imminent; and
BE IT FURTHER RESOLVED that if an abortion has been performed but the infant is nonetheless born alive, the physician or surgeon who performed the abortion is requested:
(1) To inform or direct another healthcare provider to inform the mother of the live birth;
(2) To treat the infant as a legal person under the laws of the State;
(3) To ensure or direct another healthcare provider to ensure the transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable care and treatment to the infant; and
(4) If the mother does not wish to maintain custody of the infant, to take necessary steps to ensure the infant's welfare, which may include contacting the Department of Human Services; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be the transmitted to the Director of Human Services and Chairperson of the Hawaii Medical Board, the latter of whom is requested to transmit copies of this measure to each physician, surgeon, osteopathic physician, and osteopathic surgeon who is licensed to practice in the State pursuant to Chapter 453, Hawaii Revised Statutes.
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OFFERED BY: |
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Abortion; Health; Born Alive; Medical Care; Physicians; Surgeons
