STAND. COM. REP. NO. 742

Honolulu, Hawaii

, 2023

RE: H.B. No. 955

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 955, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 457J, HAWAII REVISED STATUTES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Extend until July 1, 2025, the exemption from licensure as a midwife for persons acting as birth attendants; and

(2) Include the North American Registry of Midwives portfolio evaluation process as proof of successful completion of a formal midwifery education and training program for certified professional midwives.

Your Committee received testimony in support of this measure from the Maui County Council, one member of the Hawai‘i County Council, Pacific Birth Collective, Hawaii Homebirth Collective, Maui Midwifery, Mālama Nā Pua O Haumea, Aoki Birthing Care, JB Entertainment Corporation, UpCountry Doctor, Living Adjusted Family Wellness Center, North American Registry of Midwives, McCall Taylor LLC, Ho‘opae Pono Peace Project, Hawaii Midwifery Council, BEST Birth Hawaii, Hawkinson Designs, Hemsley Familia GodTrust, itsjayphotos, and numerous individuals. Your Committee received testimony in opposition to this measure from Midwives Alliance of Hawai‘i, Zen Den Midwifery, and numerous individuals. Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs, Island Mamas Midwifery, Grassroot Institute of Hawaii, and two individuals.

Your Committee finds that under the portfolio evaluation process, a candidate for certification as a midwife proves that the candidate has completed a rigorous approved educational route, attended at least fifty-five births under the supervision of a registered preceptor, demonstrated clinical skills, and passed an examination. Under existing law, this pathway is not an approved pathway for licensure to engage in the practice of midwifery in the State. This measure will allow persons who achieve certification through the portfolio evaluation process to be qualified for licensure as a certified professional midwife in the State.

Your Committee has amended this measure by:

(1) Reinserting the word "midwife" in "qualified midwife preceptor", as qualified midwife preceptor is a defined term; and

(2) 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. 955, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 955, H.D. 2.

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

____________________________

MARK M. NAKASHIMA, Chair