THE SENATE	S.B. NO.	604
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Health.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

REPRODUCTIVE HEALTH CARE SERVICES PATIENT INFORMATION

§   -1 Definitions. As used in this chapter:

"Board" means a Hawaii board of professional licensure that is responsible for the licensing of persons or entities in the State.

"Reproductive health care services" means all medical, surgical, counseling, and referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, and termination of pregnancy.

§   -2 Provision of patient information; prohibited; exceptions. No employee or officer of the State or of any county shall provide any reproductive health care services patient information, including medical records, patient-level data, and billing information, or expend state resources in furtherance of any inquiry, investigation, or proceeding initiated by another state that seeks to impose civil, criminal, or professional liability upon a person or entity for:

(1) Providing, securing, receiving, or supporting reproductive health care services legally performed or provided in the State; or

(2) Any form of assistance or support given to any person or entity that relates to providing, securing, receiving, or supporting reproductive health care services legally performed or provided in the State;

provided that an employee or officer of the State or of any county may provide information or assistance in connection with an investigation or proceeding in response to a written request by a person who is the subject of the investigation or proceeding. 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 be subject to civil or criminal liability or professional disciplinary action under the laws of the State if the conduct had occurred in the State.

§   -3 Licensed professionals; protected. No person shall be disqualified from licensure or subject to professional disciplinary action by a board for providing reproductive health care services, including but not limited to persons licensed under sections 436E, 442, 451D, 451J, 451K, 452, 453, 453D, 455, 457, 457A, 457J, 461, 465, and 467E; provided that the services provided are lawful and consistent with the generally accepted standards of their respective professional practice in the State."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Abortion; Reproductive Health Care Services; Information; Privacy; Protection

Description:

Prohibits state and county employees and officers from providing reproductive health care services patient information or expending state resources in furtherance of another state's investigation or proceeding that seeks to impose civil, criminal, or professional liability upon a person or entity related to reproductive health care services. Prohibits any person from being compelled to provide reproductive health care services patient information. Prohibits any persons from being disqualified from licensure or subject to discipline by a Hawaii board of professional licensure for providing reproductive health care services.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.