HB1275

SECTION 1. The Legislature finds that chemical abortions can be a risk to the mother and are accessible without medical supervision, because chemical abortions have a complication rate four times that of surgical abortion. As many as one out of five women who use chemical abortifacients will suffer a complication. And three to seven out of every hundred women who choose chemical abortion early in pregnancy will need follow-up care to finish the abortion, with as many as 7-10% needing follow-up care for chemical abortions in the first trimester after 63 days of pregnancy and up to 39% requiring surgery if accidentally taken in second trimester.

This bill would remove the risk by banning the use of chemical abortifacients in the State.

SECTION 2. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§453- Chemical abortion drugs prohibited; exceptions; penalty. (a) Notwithstanding any other provision of law, no person shall manufacture, distribute, prescribe, dispense, sell, transfer or use any chemical abortion drug in the state for the purpose of procuring or performing an abortion.

(b) The prohibition in subsection (a) shall not apply to:

(1) The sale, use, prescription or administration of any contraceptive agent administered before conception or before pregnancy can be confirmed through conventional medical testing;

(2) Treatment of a natural miscarriage according to currently accepted medical guidelines;

(3) Treatment necessary to protect the woman from an imminent peril that substantially endangers her life, according to appropriate medical judgment. "Imminent peril" as used in this paragraph refers exclusively to a physical, and not mental, condition. No medical treatment may form the basis for an exception under this paragraph if it is based on a claim or diagnosis that the pregnant woman will engage in conduct which she intends to result in her death or other self‑harm.

(c) Except as otherwise provided in this section, any physician or other person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine not to exceed nine thousand dollars ($9,000.00), or both.

(d) A woman upon whom an abortion is performed or attempted in which a chemical abortion drug is used shall not be criminally prosecuted pursuant to subsection (c) of this section.

(4) Definitions as used in the section, unless the context otherwise requires:

"Pregnant" or "pregnancy" means that condition of a woman who has a human embryo or fetus within her as the result of conception;

"Chemical abortion drug" means RU‑486, mifepristone, misoprostol, mifeprex, mifegyne or any substantially similar generic or non‑generic drug or chemical dispensed for purposes of causing an abortion;"

SECTION 3. Section 457-8.7, Hawaii Revised Statutes, is amended to read as follows:

["[§457-8.7] Advanced practice registered nurses; abortions by [~~medication or~~ ]aspiration; penalties; refusal to perform. (a) Notwithstanding section 453-16 or any other law to the contrary, an advanced practice registered nurse may provide [~~medication or~~] aspiration abortion care in the first trimester of pregnancy, so long as the advanced practice registered nurse:

(1) Has prescriptive authority;

(2) Practices within the advanced practice registered nurse's practice specialty;

(3) Has a valid, unencumbered license obtained in accordance with this chapter; and

(4) The aspiration abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or advance practice registered nurse's office.

(b) Abortion shall mean an intentional termination of the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section.

(c) The 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.

(d) Any person who knowingly violates subsection (a) shall be fined no more than $1,000 or imprisoned no more than five years, or both.

(e) Nothing in this section shall require any hospital or any person to participate in an abortion, nor shall any hospital or any person be liable for a refusal."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1275
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII