STAND. COM. REP. NO. 1150-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1858

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1858, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VITAL STATISTICS,"

begs leave to report as follows:

The purpose of this measure is to amend the various requirements in the event of a fetal death, including registration of certain fetal deaths, filing and preparation of a certificate of fetal death, documentation of fetal death for miscarriages, late determination of the cause of fetal death, and issuance of a permit for removal, burial, or other disposition.

Your Committee received testimony in support of this measure from the Department of Health; Hawaii State Commission on the Status of Women; ʻAhahui o nā Kauka; American Academy of Pediatrics, Hawaii Chapter; Hawaii Medical Association; Hawaiʻi Pacific Health; Hawaiʻi Home Birth Collective; American College of Obstetricians and Gynecologists, Hawaiʻi Section; League of Women Voters of Hawaiʻi County; Hawaii Women's Coalition; and numerous individuals.

Your Committee finds that the State's existing fetal death reporting statutes lack clarity and consistency, resulting in administrative burdens, privacy concerns, and data that is incomplete or unreliable for public policy purposes. Your Committee further finds that combining fetal death reporting with general death reporting and mandating reporting for all pregnancy losses regardless of gestational age create legal ambiguities and undermines compliance with statutory requirements. Establishing clear gestational thresholds, extending reporting timelines, and distinguishing between mandatory registration and optional documentation in limited circumstances will improve the consistency and enforceability of the law while respecting privacy interests. Your Committee finds that aligning Hawaii's reporting framework with national standards will enhance the integrity of vital statistics and ensure that statutory requirements are reasonable, clear, and capable of uniform application.

Your Committee has amended this measure by:

(1) Including a coroner's physician as a professional who may certify a fetal death for purposes of the certificate of fetal death;

(2) Clarifying that the professionals who provide a signed statement in the event of a miscarriage are the attending physician, physician assistant, advanced practice registered nurse, or coroner's physician; and

(3) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1858, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1858, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair