THE SENATE

S.B. NO.

1362

TWENTY-SIXTH LEGISLATURE, 2011

 

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 legislature finds that Hawaii Medical Center, formerly known as "St. Francis hospital", and the doctors practicing and operating there are bound by the present owners, namely the Franciscan Sisters, not to engage in or participate in any abortion services whatsoever, at the risk of shutting down the hospital altogether.

     Moreover, because Hawaii Medical Center serves many indigent persons who may not otherwise be served elsewhere, the risk of shutting down such services creates a great risk to those indigent persons.

     Furthermore, an "opt out" clause currently exists under section 453-16(e), Hawaii Revised Statutes, for those who cannot or choose not to participate in any abortion service.  The legislature finds that this "opt out" clause should be expanded to include other means of abortion, such as abortions performed by means of chemicals or drugs.

     The purpose of this Act is to amend the definition of abortion within the "opt out" clause to include the use of chemicals or drugs to terminate a pregnancy.

     SECTION 2.  Section 453-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus[.] and shall include the intentional or unintentional use of chemicals or drugs to terminate the pregnancy of a nonviable fetus.  The termination of a pregnancy of a viable fetus is not included in this section."

     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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:

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Report Title:

Health; Abortion; Opt Out

 

Description:

Amends the definition of abortion within the opt out provisions of section 453-16 to include the use of chemicals or drugs to terminate the pregnancy of a nonviable fetus intentionally or unintentionally.

 

 

 

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