STAND. COM. REP. NO. 1060-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2079

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2079, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Relax the requirements for prescribing certain controlled substances as part of gender-affirming health care services;

(2) Expand the protections established under Act 2, Session Laws of Hawaii 2023, to include gender-affirming health care services; and

(3) Clarify jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act for cases involving children who obtain gender-affirming health care services.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Department of Health; Hawai‘i Civil Rights Commission; Hawaii Medical Board; Board of Nursing; Democratic Party of Hawai‘i; Stonewall Caucus of the Democratic Party of Hawai‘i; QueerDoc; Hawai‘i Health & Harm Reduction Center; Hawai‘i State Center for Nursing; Rainbow Family 808; Pride at Work Hawai‘i; Planned Parenthood Alliance Advocates - Hawai‘i; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawai‘i Federation of Republican Women; Moms for Liberty Honolulu; and numerous individuals. Your Committee received comments on this measure from the Hawaii Medical Service Association and Kaiser Permanente Hawai‘i.

Your Committee finds that dozens of states across the nation have either passed or are considering passing laws prohibiting gender-affirming health care services to people of all ages. These laws are contrary to the public policy of Hawaii which supports an individual's right to obtain gender-affirming health care services. Individuals who receive, seek, provide, or aid and abet the provision of gender-affirming health care services that are lawful in Hawaii should not fear State complicity in civil or criminal actions under the laws of other jurisdictions. Accordingly, your Committee believes that it is essential for the State to affirmatively protect an individual's right to obtain gender-affirming health care services within the State's boundaries.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2079, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair