STAND. COM. REP. NO. 633

Honolulu, Hawaii

, 2021

RE: H.B. No. 576

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 576, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH CARE,"

begs leave to report as follows:

The purpose of this measure is to require that abortions be performed in a licensed hospital and to authorize licensed physician assistants and advanced practice registered nurses to perform aspiration abortions.

Your Committee received testimony in support of this measure from the Hawai‘i State Commission on the Status of Women, LGBT Caucus and Women's Caucus of the Democratic Party of Hawai‘i, AAUW of Hawaii, Hawaii Section of the American College of Obstetricians and Gynecologists, Hawai‘i Women's Coalition, Common Cause Hawaii, Hudson Law, American Civil Liberties Union of Hawai‘i, Hawaii Maternal & Infant Health Collaborative, Planned Parenthood Votes Northwest and Hawaii, Save Medicaid Hawaii, Health Mothers Health Babies Coalition of Hawai‘i, numerous individuals, and a petition with numerous individuals. Your Committee received testimony in opposition to this measure from the Honolulu County Republican Party, A Place for Women in Waipio, Hawaii Family Forum, Hawaii Life Alliance, and numerous individuals. Your Committee received comments on this measure from the Board of Nursing, Hawaii Medical Board, and Hawai‘i State Center for Nursing.

Your Committee finds that aspiration abortions are one of the most common methods of abortion for early first trimester abortions. Your Committee further finds that under existing state law, only physicians are permitted to provide aspiration abortion care, while other qualified health care providers are denied from providing this reproductive health care service. Your Committee notes that numerous studies have found no difference in abortion safety when performed by a qualified licensed health care provider other than a physician.

Your Committee further finds that the restrictions under existing law place an unnecessary burden on abortion care, which disproportionately and negatively impacts residents in rural and medically underserved areas of the State. This measure ensures that people in Hawaii can access abortion care with fewer financial and logistical barriers and stay in their respective communities to get care from trusted providers.

Your Committee has amended this measure by:

(1) Removing physicians assistants as qualified health care providers authorized to perform aspiration abortions;

(2) Moving provisions authorizing advanced practice registered nurses to perform aspiration abortions from Chapter 453, Hawaii Revised Statutes, relating to medicine and surgery, to a more appropriate placement in Chapter 457, Hawaii Revised Statutes, relating to nurses;

(3) Clarifying that certain advanced practice registered nurses are authorized to perform medication abortions;

(4) Clarifying that the abortion care authorized by this measure includes the intentional termination of a nonviable fetus in the first trimester of pregnancy;

(5) Duplicating language regarding penalties for knowing violations of the law and right of refusal to perform as is found in the law governing abortions performed by physicians or surgeons; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 576, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 576, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair