Provides that a placenta may be released by a hospital to the woman from which it originated.

A BILL FOR AN ACT

SECTION 1. The legislature finds that individuals have certain constitutional and statutory rights relating to their religious or cultural practices and beliefs. Certain of these practices relate to the individual's disposition of their child's placenta (`iewe) following birth.

The legislature further finds that state policy must be amended to allow the department of health to create administrative rules assuring that these rights are honored and respected.

According to native Hawaiian religious practices, the correct cleansing and disposal of the ‘iewe is critical to the physical and spiritual health of both the mother and the newborn child. At present, hospitals are capable of testing the placenta for infectious diseases prior to its release to the patient. If the placenta is not infectious or otherwise harmful to the public, the State has the obligation to assure that religious and cultural beliefs and practices are not impeded by a failure to address proper procedures for access.

SECTION 2. Section 321-21, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-21[]] Infectious wastes; management and disposal. The department of health shall adopt rules pursuant to chapter 91 for the management and disposal of infectious wastes generated by hospitals, clinics, other health care facilities, doctors' offices, dentists' offices, research laboratories, veterinary clinics, and other generators of infectious wastes. Upon negative findings of infection or hazard after appropriate testing of a placenta, it may be released by the hospital to the woman from whom it originated. The rules shall include procedures to assure the appropriate handling and transfer of the placenta, and a definition of infectious wastes that clearly and objectively defines infectious wastes and specifies acceptable containers and other factors related to the identification, segregation, containment, and transportation of infectious wastes. Effective July 1, 1991, all generators of infectious wastes shall show proof that infectious wastes are being managed and disposed of according to departmental rules upon request of the department."

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 Statutory material to be repealed is bracketed and stricken.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.