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HB615
HOUSE OF REPRESENTATIVES
H.B. NO.
615
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to health care
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
The Act shall be known and may be
cited as the Health Care Access Protection Act.
����
SECTION 2.
�
Chapter 583A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
����
"
�583A-
�
Laws contrary to the public policy of this
State.
�
A law of another state that authorizes a
state agency to remove a child from a parent or guardian based on the parent or
guardian allowing the child to receive gender-affirming health care services
shall be against the public policy of this State and shall not be enforced or
applied in a case pending in a court in this State.
"
����
SECTION
3
.
�
Chapter 323J, Hawaii Revised Statutes, is
amended to read as follows:
"
[
[
]CHAPTER
323J[
]
]
REPRODUCTIVE
HEALTH CARE SERVICES
AND GENDER-AFFIRMING HEALTH CARE SERVICES
����
[
[
]�
323J-1[
]
]
�
Definitions.
�
As used in this chapter, unless the context
otherwise requires:
����
"Gender-affirming
health care services" includes:
����
(1)
�
Medically necessary health care that
respects the gender identity of the patient, as experienced and defined by the
patient, and may include the following interventions to:
���������
(A)
�
Suppress the development of
endogenous secondary sex characteristics;
���������
(B)
�
Align the patient's appearance or
physical body with the patient's gender identity; or
���������
(C)
�
Alleviate symptoms of clinically
significant distress resulting from gender dysphoria, as defined in the
Diagnostic and Statistical Manual of Mental Disorders; or
����
(2)
�
Mental health care or behavioral
health care that respects the gender identity of the patient, as experienced
and defined by the patient, and may include developmentally appropriate
exploration and integration of identity, reduction of distress, adaptive
coping, or strategies to increase family acceptance.
����
"Person" includes an
individual, partnership, joint venture, corporation, association, business,
trust, or any organized group of persons or legal entity, or any combination
thereof.
����
"Reproductive health care
services" includes all medical, surgical, pharmaceutical, counseling, or
referral services relating to the human reproductive system, including but not
limited to services relating to pregnancy, contraception, or the termination of
a pregnancy.
����
[
[
]�
323J-2[
]
]
�
Disclosures prohibited.
�
(a)
�
Except as provided in rules 504, 504.1, and 505.5 of the Hawaii rules of
evidence and subsection (b) or as authorized under the Health Insurance
Portability and Accountability Act of 1996, P.L. 104-191,
as amended,
and
any
federal regulations promulgated thereunder, in any civil action
or any proceeding preliminary thereto or in any probate, legislative, or
administrative proceeding, no covered entity[
, as defined in title 45 Code
of Federal Regulations section 160.103, or as the same as may be from time to
time amended or modified,
] shall disclose:
����
(1)
�
Any communication
made to the covered entity, or any information obtained by the covered entity
from a patient or the conservator, guardian, or other authorized legal
representative of a patient relating to reproductive health care services
or
gender-affirming health care services
that are [
permitted
]
lawful
under the laws of [
the
]
this
State; or
����
(2)
�
Any information
obtained by personal examination of a patient relating to reproductive health
care services
or gender-affirming health care services
that are [
permitted
]
lawful
under the laws of [
the
]
this
State,
unless the patient or that patient's conservator,
guardian, or other authorized legal representative explicitly consents to the
disclosure in writing in the form of a release of protected health information
compliant with the federal Health Insurance Portability and Accountability Act
of 1996, P.L. 104-191, as amended[
.
]
, and any federal regulations
promulgated thereunder.
�
A covered
entity shall inform the patient or the patient's conservator, guardian, or
other authorized legal representative of the patient's right to withhold the
written consent.
����
(b)
�
Written consent of the patient or the patient's conservator, guardian,
or other authorized legal representative shall not be required for the
disclosure of the communication or information[
:
]
described under
subsection (a):
����
(1)
�
If the [
records
relate
]
communication or information relates
to a patient who is a
plaintiff in a complaint pending before a court of competent jurisdiction
alleging health care negligence and a request for [
records
]
the
communication or information
has been served on a named defendant in that
litigation;
����
(2)
�
If the [
records
are
]
communication or information is
requested by a licensing
authority, as defined in section 436B-2, and the request is made in connection
with an investigation of a complaint to the licensing authority and the [
records
are
]
communication or information is
related to the complaint,
unless the complaint is made solely on the basis that the licensee, acting
within the licensee's scope of practice, provided reproductive health care
services
or gender-affirming health care services
that are lawful [
in
]
under the laws of
this State;
����
(3)
�
To the director of
health [
for records of a patient of a covered entity in connection with an
investigation of a complaint,
] if the [
records are related
]
communication
or information relates
to the
investigation of a
complaint; or
����
(4)
�
If child abuse,
abuse of an individual who is sixty years of age or older, abuse of an
individual who is physically disabled or incompetent, or abuse of an individual
with an intellectual disability is known or in good faith suspected[
.
]
;
provided that reproductive health care services or gender-affirming health care
services that are lawful under the laws of this State shall not alone
constitute abuse.
����
(c)
�
Nothing in this section shall be construed to impede the lawful sharing
of medical records as permitted by state or federal law or the rules of the
court, except in the case of a subpoena or warrant issued by a court,
government agency, or legislative body of another state commanding the
production, copying, or inspection of medical records relating to reproductive
health care services[
.
]
or gender-affirming health care services that
are lawful under the laws of this State.
����
(d)
�
As used in this section:
����
"Communication
or information" does not include uses and disclosures that covered
entities are not required to be in an accounting of disclosures pursuant to
title 45 Code of Federal Regulations section 164.528.
����
"Covered
entity" has the same meaning as in title 45 Code of Federal Regulations
section 160.103, or as the same may be from time to time amended or modified.
����
[
[
]�
323J-3[
]
]
�
Subpoenas; when allowed.
�
Notwithstanding sections 624-27 and 624D-3 or
any other law to the contrary, no court or clerk of a court shall order the
issuance of a subpoena requested by an officer, appointed according to the laws
or usages of another state or government, or by any court of the United States
or of another state or government, in connection with an out-of-state or
interstate investigation or proceeding relating to reproductive health care
services [
legally performed in the
]
or gender-affirming health care
services that are lawful under the laws of this
State.
����
[
[
]�
323J-4[
]
]
�
Agencies prohibited from providing
information or expending resources.
�
(a)
�
No agency, as defined in
section 92F-3, or employee, appointee, officer, official, or any other person
acting on behalf of an agency shall provide any
nonpublic
information or
expend or use time, money, facilities, property, equipment, personnel, or other
resources in furtherance of any out-of-state or interstate investigation or
proceeding seeking to impose civil or criminal liability upon a person or
entity for:
����
(1)
�
[
The provision,
seeking,
]
Seeking, receiving,
paying for, [
receipt of,
] or
inquiring about reproductive health care services [
that are legal in the
]
or gender-affirming health care services that are lawful under the laws of
this
State; [
or
]
����
(2)
�
Providing
or responding to an inquiry about reproductive health care services or
gender-affirming health care services that are lawful under the laws of this
State;
���
[
(2)
]
(3)
�
Assisting [
any person or entity
providing, seeking, receiving, paying for, or responding to an inquiry about
reproductive health care services that are legal in the State.
]
or
aiding or abetting in any of the conduct described in paragraph (1) or (2); or
����
(4)
�
Attempting or intending to engage in or
providing material support for (or any other theory of vicarious, attempt,
joint, several, or conspiracy liability derived therefrom) conduct described in
paragraphs (1) to (3).
����
(b)
�
This section shall not apply to any investigation or proceeding where
the conduct subject to potential liability under the investigation or
proceeding would be subject to liability under the laws of this State if
committed in this State.
����
[
[
]�
323J-5[
]
]
�
Prohibition on state action.
�
The State shall not
penalize, prosecute, or otherwise take adverse action against an individual
based on the individual's actual, potential, perceived, or alleged pregnancy
or
gender-affirming health care
outcomes.
�
The State shall not penalize, prosecute, or otherwise take adverse
action against a person for aiding or assisting [
a
]
:
����
(1)
�
A
pregnant individual accessing
reproductive health care services [
in accordance with
]
that are
lawful under
the laws of [
the
]
this
State and with the
pregnant individual's voluntary consent[
.
]
; or
����
(2)
�
An individual accessing gender-affirming
health care services that are lawful under the laws of this State and with the
individual's voluntary consent.
����
[
[
]�
323J-6[
]
]
�
Denial of demands for surrender.
�
Notwithstanding any provision of chapter 832
to the contrary, the governor shall deny any demand made by the executive
authority of any state for the surrender of any person charged with a crime
under the laws of that state when the alleged crime involves [
the provision
or receipt of,
]
:
����
(1)
�
Seeking, receiving,
paying for, or [
assistance
with,
]
inquiring about
reproductive health care services[
,
]
or
gender-affirming health care services;
����
(2)
�
Providing or responding to an inquiry about
reproductive health care services or gender-affirming health care services;
����
(3)
�
Assisting or aiding or abetting in any of
the conduct described in paragraph (1) or (2); or
����
(4)
�
Attempting or intending to engage in or
providing material support for (or any other theory of vicarious, attempt,
joint, several, or conspiracy liability derived therefrom) conduct described in
paragraphs (1) to (3),
unless the acts forming the basis of the prosecution
would also constitute a criminal offense in this State.
�
This section shall not apply to demands made
under Article IV, section 2, of the United States Constitution.
����
[
[
]�
323J-7[
]
]
�
Laws contrary to the public policy of this
State.
�
(a)
�
A law of another state authorizing a civil
action or criminal prosecution based on any of the following [
is
]
shall
be
declared to be contrary to the public policy of this State:
����
(1)
�
[
Receiving,
seeking, or
]
Seeking, receiving,
paying for
, or inquiring about
reproductive health care services[
;
]
or gender-affirming health care
services that are lawful under the laws of this State;
����
(2)
�
Providing
or responding
to an inquiry about
reproductive health care services[
;
]
or gender-affirming
health care services that are lawful under the laws of this State;
����
(3)
�
[
Engaging in
conduct that assists or aids or abets the provision or receipt of reproductive
health care services;
]
Assisting or aiding or abetting in any of the
conduct described in paragraph (1) or (2);
or
����
(4)
�
Attempting or
intending to engage in or providing material support for (or any other theory
of vicarious, attempt, joint, several or conspiracy liability derived
therefrom) conduct described in paragraphs (1) to (3)[
,
in accordance with the laws of this State
].
����
(b)
�
No law described in subsection (a) shall be
applied to a case or controversy heard in the courts of this State."
����
SECTION
4
.
�
Section 451J-11, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
The department shall deny, revoke, condition,
or suspend a license granted pursuant to this chapter on the following grounds:
����
(1)
�
Conviction by a
court of competent jurisdiction of a crime [
which
]
that
the
department has determined, by rules adopted pursuant to chapter 91, to be of a
nature that renders the person convicted unfit to practice marriage and family
therapy[
;
]
, except when the conviction was based on the provision or
assistance in receipt or provision of gender-affirming health care services, as
defined in section 323J-1, so long as the provision or assistance in receipt or
provision of the services was in accordance with the laws of this State or
would have been in accordance with the laws of this State if it occurred within
this State;
����
(2)
�
Failing to report
in writing to the director any disciplinary decision related to the provision
of mental health services issued against the licensee or the applicant in any
jurisdiction within thirty days of the disciplinary decision, or within thirty
days of licensure;
����
(3)
�
Violation of
recognized ethical standards for marriage and family therapists
or
licensed marriage and family therapists
as set by the association;
����
(4)
�
Fraud or
misrepresentation in obtaining or renewing a license, including making a false
certification of compliance with the continuing education requirement set forth
in section 451J-10;
����
(5)
�
Revocation,
suspension, or other disciplinary action by any state or federal agency against
a licensee or applicant for any reason provided under this section[
;
]
,
except when the revocation, suspension, or other disciplinary action was based
on the provision or assistance in receipt or provision of gender-affirming
health care services, as defined in section 323J-1, so long as the provision or
assistance in receipt or provision of the services was in accordance with the
laws of this State or would have been in accordance with the laws of this State
if it occurred within this State;
or
����
(6)
�
Other just and
sufficient cause that renders a person unfit to practice marriage and family
therapy."
����
SECTION
5
.
�
Section 451J-12, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]�451J-12[
]
]
�
Confidentiality and privileged
communications.
�
No person
licensed as a marriage and family therapist, nor any of the person's employees
or associates, shall be required to disclose any information that the person
may have acquired in rendering marriage and family therapy services except in
the following circumstances:
����
(1)
�
As required by law;
����
(2)
�
To prevent a clear and immediate danger to a
person or persons;
����
(3)
�
In the course of a civil, criminal, or
disciplinary action arising from the therapy where the therapist is a defendant[
;
]
,
except when the civil, criminal, or disciplinary action by another state or
federal agency is based on the provision or assistance in receipt or provision
of gender-affirming health care services, as defined in section 323J-1, so long
as the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State;
����
(4)
�
In a criminal proceeding where the client is a
defendant and the use of the privilege would violate the defendant's right to a
compulsory process of the right to present testimony and witnesses in the
defendant's own behalf;
����
(5)
�
In accordance with the terms of a client's
previously written waiver of the privilege; or
����
(6)
�
Where more than one person in a family jointly
receives therapy and each [
family member
]
person
who is legally
competent executes a written waiver[
; in
]
.
�
In
that instance, a therapist may
disclose information received from any [
family member
]
person
in
accordance with the terms of [
the
]
that
person's waiver."
����
SECTION
6
.
�
Section 453-8, Hawaii Revised Statutes, is
amended by amending subsections (a), (b), and (c) to read as follows:
����
"(a)
�
In addition to any other actions authorized
by law, any license to practice medicine and surgery may be revoked, limited,
or suspended by the board at any time in a proceeding before the board, or may
be denied, for any cause authorized by law, including but not limited to the
following:
����
(1)
�
Procuring, or
aiding or abetting in procuring, an abortion that is unlawful under the laws of
this State or that would be unlawful under the laws of this State if performed
within this State;
����
(2)
�
Employing any
person to solicit patients for one's self;
����
(3)
�
Engaging in false,
fraudulent, or deceptive advertising, including but not limited to:
���������
(A)
�
Making excessive
claims of expertise in one or more medical specialty fields;
���������
(B)
�
Assuring a
permanent cure for an incurable disease; or
���������
(C)
�
Making any
untruthful and improbable statement in advertising one's medical or surgical
practice or business;
����
(4)
�
Being habituated
to the excessive use of drugs or alcohol; or being addicted to, dependent on,
or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or
other drug having similar effects;
����
(5)
�
Practicing
medicine while the ability to practice is impaired by alcohol, drugs, physical
disability, or mental instability;
����
(6)
�
Procuring a
license through fraud, misrepresentation, or deceit, or knowingly permitting an
unlicensed person to perform activities requiring a license;
����
(7)
�
Professional
misconduct, hazardous negligence causing bodily injury to another, or manifest
incapacity in the practice of medicine or surgery;
����
(8)
�
Incompetence or
multiple instances of negligence, including but not limited to the consistent
use of medical service, which is inappropriate or unnecessary;
����
(9)
�
Conduct or
practice contrary to recognized standards of ethics of the medical profession
as adopted by the Hawaii Medical Association, the American Medical Association,
the Hawaii Association of Osteopathic Physicians and Surgeons, or the American
Osteopathic Association;
���
(10)
�
Violation of the
conditions or limitations upon which a limited or temporary license is issued;
���
(11)
�
Revocation,
suspension, or other disciplinary action by another state or federal agency of
a license, certificate, or medical privilege, except when the revocation,
suspension, or other disciplinary action was based on the provision or
assistance in receipt or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as
defined in section 323J-1,
���������
so long as
the provision or assistance in receipt or provision of the services was
in accordance with the laws of this State
or would
have been in accordance with the laws of this State if it occurred within this
State;
���
(12)
�
Conviction,
whether by nolo contendere or otherwise, of a penal offense substantially
related to the qualifications, functions, or duties of a physician or
osteopathic physician, notwithstanding any statutory provision to the contrary,
except when the conviction was based on the provision or assistance in receipt
or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as
defined in section 323J-1,
���������
so long as
the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State;
���
(13)
�
Violation of
chapter 329, the uniform controlled substances act, or any rule adopted
thereunder except as provided in section 329-122;
���
(14)
�
Failure to report
to the board, in writing, any disciplinary decision issued against the licensee
or the applicant in another jurisdiction within thirty days after the
disciplinary decision is issued; or
���
(15)
�
Submitting to or
filing with the board any notice, statement, or other document required under
this chapter[
, which
]
that
is false or untrue or contains any
material misstatement or omission of fact.
����
(b)
�
If disciplinary action related to the practice of medicine has been
taken against the applicant by another state or federal agency, or if the
applicant reveals a physical or mental condition that would constitute a
violation under this section, then the board may impose one or more of the
following requirements as a condition for licensure:
����
(1)
�
Physical and
mental evaluation of the applicant by a licensed physician or osteopathic
physician approved by the board;
����
(2)
�
Probation,
including conditions of probation as requiring observation of the licensee by
an appropriate group or society of licensed physicians, osteopathic physicians,
or surgeons;
����
(3)
�
Limitation of the
license by restricting the fields of practice in which the licensee may engage;
����
(4)
�
Further education
or training or proof of performance competency; and
����
(5)
�
Limitation of the
medical practice of the licensee in any reasonable manner to assure the safety
and welfare of the consuming public;
provided
that the board shall not impose as a condition for licensure any of the
requirements pursuant to this subsection if the disciplinary action related to
the practice of medicine taken against the applicant was based on the provision
or assistance in receipt or provision of medical, surgical,
pharmaceutical,
counseling, or referral services
relating to the human reproductive system, including but not limited to
services relating to pregnancy, contraception, or the termination of a
pregnancy,
or the provision or assistance in receipt or provision of
gender-affirming health care services, as defined in section 323J-1,
so
long as the provision or assistance in receipt or provision of the services was
in accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State.
����
(c)
�
Notwithstanding
any other law to the contrary, the board may deny a license to any applicant
who has been disciplined by another state or federal agency, except on the
basis of discipline for the provision or assistance in receipt or provision of
medical, surgical, pharmaceutical, counseling, or referral services relating to
the human reproductive system, including but not limited to services relating
to pregnancy, contraception, or the termination of a pregnancy,
or the
provision or assistance in receipt or provision of gender-affirming health care
services, as defined in section 323J-1,
so long as the provision or
assistance in receipt or provision of the services was in accordance with the
laws of this State or would have been in accordance with the laws of this State
if it occurred within this State.
�
Any
final order of discipline taken pursuant to this subsection shall be a matter
of public record."
����
SECTION
7
.
�
Section 453-8.6, Hawaii Revised Statutes, is
amended as follows:
����
1.
�
By amending subsection (a) to read:
����
"
(a)
�
Upon receipt of evidence of revocation, suspension, or other
disciplinary action against a licensee by another state or federal agency, the
board may issue an order imposing disciplinary action upon the licensee on the
following conditions:
����
(1)
�
The board shall serve the licensee with
a proposed order imposing disciplinary action as required by chapter 91;
����
(2)
�
The licensee shall have the right to
request a hearing pursuant to chapter 91 to show cause why the action described
in the proposed order should not be imposed;
����
(3)
�
Any request for a hearing shall be made
in writing and filed with the board within twenty days after mailing of the
proposed order to the licensee; and
����
(4)
�
If the licensee does not submit a
written request for a hearing within twenty days after mailing of the proposed
order, the board may issue a final order imposing the disciplinary action
described in the proposed order;
provided that the board shall not issue an order
imposing disciplinary action upon the licensee if the revocation, suspension,
or other disciplinary action against a licensee by another state was based on
the provision or assistance in receipt or provision of medical, surgical,
pharmaceutical, counseling, or referral services relating to the human
reproductive system, including but not limited to services relating to
pregnancy, contraception, or the termination of a pregnancy,
or the
provision or assistance in receipt or provision of gender-affirming health care
services, as defined in section 323J-1,
so long as the provision or
assistance in receipt or provision of the services was in accordance with the
laws of this State or would have been in accordance with the laws of this State
if it occurred within this State."
����
2.
�
By amending subsection (c) to read:
����
"
(c)
�
A licensee against whom the board has issued a proposed order under this
section shall be prohibited from practicing in this State until the board
issues a final order if:
����
(1)
�
The licensee was the subject of
disciplinary action by another state
, except where the disciplinary
action against the licensee by another state was based on the provision or
assistance in receipt or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as
defined in section 323J-1,
���������
so long as
the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws
of this State if it
occurred within this State; and
����
(2)
�
The disciplinary action by another
state prohibits the licensee from practicing in that state.
"
����
SECTION
8
.
�
Section 453D-12, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
In addition to any other acts or conditions
provided by law, the director may refuse to renew, reinstate, or restore, and
may deny, revoke, suspend, or condition in any manner, any license for any one
or more of the following acts or conditions on the part of a licensee or
license applicant:
����
(1)
�
Failing to meet or maintain the conditions and
requirements necessary to qualify for the granting of a license;
����
(2)
�
Engaging in false, fraudulent, or deceptive
advertising, or making untruthful or improbable statements;
����
(3)
�
Being addicted to, dependent on, or a habitual
user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, cocaine, or
other drugs or derivatives of a similar nature;
����
(4)
�
Practicing the licensed profession while
impaired by alcohol, drugs, physical disability, or mental instability;
����
(5)
�
Procuring a license through fraud,
misrepresentation, or deceit;
����
(6)
�
Aiding and abetting an unlicensed person to
directly or indirectly perform activities requiring a license;
����
(7)
�
Professional misconduct, incompetence, gross
negligence, or manifest incapacity, in the practice of the licensed profession;
����
(8)
�
Engaging in conduct or practice contrary to
recognized standards of ethics for the licensed profession;
����
(9)
�
Violating any condition or limitation upon
which a conditional or temporary license was issued;
���
(10)
�
Engaging in business under a past or present
license issued pursuant to the licensing laws, in a manner causing injury to
one or more members of the public;
���
(11)
�
Failing to comply with, observe, or adhere to
any law in a manner [
such
] that the director deems the applicant or
holder to be an unfit or improper person to hold a license;
���
(12)
�
Having had a license revoked or suspended, or
having been the subject of other disciplinary action, by another state or a federal
agency for any reason provided by the licensing laws or this section[
;
]
,
except when the revocation, suspension, or other disciplinary action was based
on the provision or assistance in receipt or provision of gender-affirming
health care services, as defined in section 323J-1, so long as the provision or
assistance in receipt or provision of the services was in accordance with the
laws of this State or would have been in accordance with the laws of this State
if it occurred within this State;
���
(13)
�
Having been convicted of a crime, whether by
nolo contendere or otherwise, directly related to the qualifications,
functions, or duties of the licensed profession[
;
]
, except when the
conviction was based on the provision or assistance in receipt or provision of
gender-affirming health care services, as defined in section 323J-1, so long as
the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State;
���
(14)
�
Failing to report in writing to the director
any disciplinary decision issued against the licensee or applicant in another
jurisdiction within thirty days of the disciplinary decision;
���
(15)
�
Employing, utilizing, or attempting to employ
or utilize, at any time, any person not licensed under the licensing laws where
licensure is required; or
���
(16)
�
Violating this chapter, chapter 436B, or any
rule or order of the director."
����
SECTION
9
.
�
Section 453D-13, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]�453D-13[
]
]
�
Confidentiality
and privileged communications.
�
No person licensed as a mental health
counselor, nor any of the person's employees or associates, shall be required
to disclose any information that the person may have acquired in rendering
mental health counseling services, except in the following circumstances:
����
(1)
�
As required by law;
����
(2)
�
To prevent a clear and imminent danger to a
person or persons;
����
(3)
�
In accordance with the terms of a previously
written waiver of the privilege where the waiver is executed by the client or
by the client's legally recognized representative;
����
(4)
�
Where more than one person jointly receives
counseling and each person who is legally competent executes a written
waiver.
�
In that instance, a mental
health counselor may disclose information from any person in accordance with
that person's waiver; or
����
(5)
�
In the course of a disciplinary action or
pursuant to a duly authorized subpoena issued by the department[
.
]
, except
when the disciplinary action by another federal or state agency is based on the
provision or assistance in receipt or provision of gender-affirming health care
services, as defined in section 323J-1, so long as the provision or assistance
in receipt or provision of the services was in accordance with the laws of this
State or would have been in accordance with the laws of this State if it
occurred within this State.
"
����
SECTION
10
.
�
Section 457-12, Hawaii Revised Statutes, is
amended by amending subsections (a) and (b) to read as follows:
����
"(a)
�
In addition to any other actions authorized
by law, the board shall have the power to deny, revoke, limit, or suspend any
license to practice nursing as a registered nurse or as a licensed practical
nurse applied for or issued by the board in accordance with this chapter, and
to fine or to otherwise discipline a licensee for any cause authorized by law,
including but not limited to the following:
����
(1)
�
Fraud or deceit in
procuring or attempting to procure a license to practice nursing as a
registered nurse or as a licensed practical nurse;
����
(2)
�
Gross immorality;
����
(3)
�
Unfitness or
incompetence by reason of negligence, habits, or other causes;
����
(4)
�
Habitual
intemperance, addiction to, or dependency on alcohol or other habit-forming
substances;
����
(5)
�
Mental
incompetence;
����
(6)
�
Unprofessional
conduct as defined by the board in accordance with its own rules;
����
(7)
�
Wilful or repeated
violation of any of the provisions of this chapter or any rule adopted by the
board;
����
(8)
�
Revocation,
suspension, limitation, or other disciplinary action by another state of a
nursing license, except when the revocation, suspension, limitation, or other
disciplinary action by another state was based on the provision or assistance
in receipt or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as
defined in section 323J-1,
���������
so long as
the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State;
����
(9)
�
Conviction,
whether by nolo contendere or otherwise, of a penal offense substantially
related to the qualifications, functions, or duties of a nurse, notwithstanding
any statutory provision to the contrary, except when the conviction was based
on the provision or assistance in receipt or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as
defined in section 323J-1,
���������
so long as
the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State;
���
(10)
�
Failure to report
to the board any disciplinary action taken against the licensee in another
jurisdiction within thirty days after the disciplinary action becomes final;
���
(11)
�
Submitting to or
filing with the board any notice, statement, or other document required under
this chapter[
, which
]
that
is false or untrue or contains any
material misstatement of fact, including a false attestation of compliance with
continuing competency requirements; or
���
(12)
�
Violation of the
conditions or limitations upon which any license is issued.
����
(b)
�
Notwithstanding any other law to the contrary, the board may deny a
license to any applicant who has been disciplined by another state, except on
the basis of discipline by another state for the provision or assistance in
receipt or provision of [
medical,
]
:
����
(1)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
����
(2)
�
Gender-affirming health care services, as
defined in section 323J-1,
so long as the provision or assistance in receipt or
provision of the services was in accordance with the laws of this State or
would have been in accordance with the laws of this State if it occurred within
this State.
�
Any final order entered
pursuant to this subsection shall be a matter of public record."
����
SECTION
11
.
�
Section 457-12.5, Hawaii Revised Statutes, is
amended as follows:
����
1.
�
By amending subsection (a) to read:
����
"
(a)
�
Upon receipt of evidence of revocation, suspension, or other
disciplinary action against a licensee in another state, the board may issue an
order imposing disciplinary action upon the licensee on the following conditions:
����
(1)
�
The board shall serve the licensee with
a proposed order imposing disciplinary action as required by chapter 91;
����
(2)
�
The
licensee shall have the right to request a hearing pursuant to chapter 91 to
show cause why the action described in the proposed order should not be
imposed;
����
(3)
�
Any request for a hearing shall be made
in writing and filed with the board within twenty days after mailing of the
proposed order to the licensee; and
����
(4)
�
If the licensee does not submit a
written request for a hearing within twenty days after mailing of the proposed
order, the board shall issue a final order imposing the disciplinary action
described in the proposed order;
provided that the board shall not issue an order
imposing disciplinary action upon the licensee if the revocation, suspension,
or other disciplinary action against a licensee by another state was based on
the provision or assistance in receipt or provision of medical, surgical,
pharmaceutical, counseling, or referral services relating to the human
reproductive system, including but not limited to services relating to
pregnancy, contraception, or the termination of a pregnancy,
or the
provision or assistance in receipt or provision of gender-affirming health care
services, as defined in section 323J-1,
so long as the provision or
assistance in receipt or provision of the services was in accordance with the
laws of this State or would have been in accordance with the laws of this State
if it occurred within this State."
����
2.
�
By amending subsection (c) to read:
����
"
(c)
�
A licensee against whom the board has issued
a proposed order under this section shall be prohibited from practicing in this
State until the board issues a final order if:
����
(1)
�
The licensee was
the subject of disciplinary action by another state, except where the
disciplinary action against the licensee by another state was based on the
provision or assistance in receipt or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical,
counseling, or referral services relating to the human reproductive system,
including but not limited to services relating to pregnancy, contraception, or
the termination of a pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as
defined in section 323J-1,
���������
so long as
the provision or assistance in receipt or provision of the services was in
accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State; and
����
(2)
�
The disciplinary
action in the other state prohibits the licensee from practicing in that state."
����
SECTION
12
.
�
Section 461-21.5, Hawaii Revised Statutes, is
amended as follows:
����
1.
�
By amending subsection (a) to read:
����
"
(a)
�
Upon receipt of evidence of revocation, suspension, or other
disciplinary action against a licensee by another state or federal agency, the
board may issue an order imposing disciplinary action upon the licensee on the
following conditions:
����
(1)
�
The board shall serve the licensee with
a proposed order imposing disciplinary action as required by chapter 91;
����
(2)
�
The licensee shall have the right to
request a hearing pursuant to chapter 91 to show cause why the action described
in the proposed order should not be imposed;
����
(3)
�
Any request for a hearing shall be made
in writing and filed with the board within twenty days after mailing of the
proposed order to the licensee; and
����
(4)
�
If the licensee does not submit a
written request for a hearing within twenty days after mailing of the proposed
order, the board shall issue a final order imposing the disciplinary action
described in the proposed order;
provided
that the board shall not issue an order imposing disciplinary action
upon the licensee if the revocation, suspension, or other disciplinary action
against a licensee by another state was based on the provision or assistance in
receipt or provision of medical, surgical, pharmaceutical, counseling, or
referral services relating to the human reproductive system, including but not
limited to services relating to pregnancy, contraception, or the termination of
a pregnancy,
or the provision or assistance in receipt or provision of
gender-affirming health care services, as defined in section 323J-1,
so
long as the provision or assistance in receipt or provision of the services was
in accordance with the laws of this State or would have been in accordance with
the laws of this State if it occurred within this State."
����
2.
�
By amending subsection (c) to read:
����
"
(c)
�
A licensee against whom the board has issued a proposed order under this
section shall be prohibited from practicing in this State until the board
issues a final order if:
����
(1)
�
The licensee was the subject of
disciplinary action by another state, except where the disciplinary action
against the licensee by another state was based on the provision or assistance
in receipt or provision of [
medical,
]
:
���������
(A)
�
Medical,
surgical, pharmaceutical, counseling, or referral
services relating to the human reproductive system, including but not limited
to services relating to pregnancy, contraception, or the termination of a
pregnancy[
,
]
; or
���������
(B)
�
Gender-affirming health care services, as defined in section
323J-1,
���������
so long as the provision or assistance
in receipt or provision of the services was in accordance with the laws of this
State or would have been in accordance with the laws of this State if it
occurred within this State; and
����
(2)
�
The disciplinary action by another
state prohibits the licensee from practicing in that state.
"
����
SECTION
13
.
�
Section 465-13, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
In addition to any other actions authorized
by law, the board shall refuse to grant a license to any applicant and may
revoke or suspend any license, or may place a license or [
may
] put a
license holder on conditional probation, for any cause authorized by law,
including but not limited to the following:
����
(1)
�
Professional misconduct, gross carelessness,
manifest incapacity, or incompetency in the practice of psychology;
����
(2)
�
Violation of this chapter by the applicant
within one year of the application, or violation of this chapter by a license
holder any time the license is valid;
����
(3)
�
Any unethical practice of psychology as
defined by the board in accordance with its own rules;
����
(4)
�
Fraud or deception in applying for or
procuring a license to practice psychology as defined in section 465-1;
����
(5)
�
Conviction of a crime substantially related to
the qualifications, functions, or duties of psychologists[
;
]
, except
when the conviction was based on the provision or assistance in receipt or
provision of gender-affirming health care services, as defined in section
323J-1, so long as the provision or assistance in receipt or provision of the
services was in accordance with the laws of this State or would have been in
accordance with the laws of this State if it occurred within this State;
����
(6)
�
Wilful unauthorized communication of
information received in professional confidence;
����
(7)
�
The suspension, revocation, or imposition of
probationary conditions by another state of a license or certificate to
practice psychology issued by that state if the act for which the disciplinary
action was taken constitutes a violation of this chapter;
����
(8)
�
The commission of any dishonest, corrupt, or
fraudulent act or any act of sexual abuse, or sexual relations with a client,
or sexual misconduct that is substantially related to the qualifications,
functions, or duties of a psychologist;
����
(9)
�
Harassment, intimidation, or abuse, sexual or
otherwise, of a client or patient;
���
(10)
�
Exercising undue influence in the manner as to
exploit the client, patient, student, or supervisee for financial or other
personal advantage to the practitioner or a third party;
���
(11)
�
Conviction of fraud in filing medicaid claims
or conviction of fraud in filing claims to any third party payor, for which a
copy of the record of conviction, certified by the clerk of the court entering
the conviction, shall be conclusive evidence;
���
(12)
�
Aiding or abetting any unlicensed person to
engage in the practice of psychology;
���
(13)
�
Repeated acts of excessive treatment or use of
diagnostic procedures as determined by the standard of the local community of
licensees;
���
(14)
�
Inability to practice psychology with
reasonable skill and safety to patients or clients by reason of illness,
inebriation, or excessive use of any substance, or as a result of any mental or
physical condition;
���
(15)
�
Conviction of any crime or offense that reflects
the inability of the practitioner to practice psychology with due regard for
the health and safety of clients or patients;
���
(16)
�
Use of untruthful or deceptive or improbable
statements concerning the licensee's qualifications or the effects or results
of proposed treatment;
���
(17)
�
Functioning outside of the licensee's
professional competence established by education, training, and experience;
���
(18)
�
Refusal to comply with any written order of
the board;
���
(19)
�
Making any fraudulent or untrue statement to
the board, including a false certification of compliance with the continuing
education requirement of section 465-11; or
���
(20)
�
Violation of a board rule."
����
SECTION 14.
�
Section 583A-102, Hawaii Revised Statutes, is
amended by adding a new definition to be appropriately inserted and to read as
follows:
����
"
"Gender-affirming
health care services" has the same meaning as in section 323J-1.
"
����
SECTION
15
.
�
Section 583A-201, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]�583A-201[
]
]
�
Initial child-custody jurisdiction.
�
(a)
�
Except as otherwise provided in section 583A-204, a court of this State
[
has
]
shall have
jurisdiction to make an initial child-custody
determination only if:
����
(1)
�
This State is the home state of the child on
the date of the commencement of the proceeding, or was the home state of the
child within six months before the commencement of the proceeding and the child
is absent from this State but a parent or person acting as a parent continues
to live in this State;
����
(2)
�
A court of another state does not have
jurisdiction under paragraph (1), or a court of the home state of the child has
declined to exercise jurisdiction on the ground that this State is the more
appropriate forum under section 583A-207 or 583A-208, and:
���������
(A)
�
The child and the child's parents, or the
child and at least one parent or a person acting as a parent, have a
significant connection with this State other than mere physical presence; and
���������
(B)
�
Substantial evidence is available in this
State concerning the child's care, protection, training, and personal
relationships;
����
(3)
�
All courts having jurisdiction under paragraph
(1) or (2) have declined to exercise jurisdiction on the ground that a court of
this State is the more appropriate forum to determine the custody of the child
under section 583A-207 or 583A-208; or
����
(4)
�
No court of any other state would have
jurisdiction under the criteria specified in paragraph (1), (2), or (3).
����
(b)
�
Subsection (a) shall be the exclusive
jurisdictional basis for making a child-custody determination by a court of
this State.
����
(c)
�
Physical presence of, or personal
jurisdiction over, a party or [
a
] child shall not be necessary or
sufficient to make a child-custody determination.
����
(d)
�
The presence of a child in this State for the
purpose of obtaining gender-affirming health care services shall be sufficient
to meet the requirements of subsection (a)(2).
"
����
SECTION
16
.
�
Section 583A-204, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
A court of this State [
has
]
shall
have
temporary emergency jurisdiction if the child is present in this State
and the child has been abandoned or it is necessary in an emergency to protect
the child because [
the
]
:
����
(1)
�
The
child, or a sibling or parent of
the child, is subjected to or threatened with mistreatment or abuse[
.
]
;
or
����
(2)
�
The child has been unable to obtain gender-affirming
health care services.
"
����
SECTION
17
.
�
Section 583A-207, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]�583A-207[
]
]
�
Inconvenient forum.
�
(a)
�
A court of this State [
which
]
that
has jurisdiction under
this chapter to make a child-custody determination may decline to exercise its
jurisdiction at any time if it determines that it is an inconvenient forum
under the circumstances and that a court of another state is a more appropriate
forum.
�
The issue of inconvenient forum
may be raised upon the motion of a party, the court's own motion, or request of
another court.
����
(b)
�
Before determining whether it is an
inconvenient forum, a court of this State shall consider whether it is
appropriate for a court of another state to exercise jurisdiction.
�
For this purpose, the court shall allow the
parties to submit information and shall consider all relevant factors,
including:
����
(1)
�
Whether domestic violence has occurred and is
likely to continue in the future and which state could best protect the parties
and the child;
����
(2)
�
The length of time the child has resided
outside this State;
����
(3)
�
The distance between the court in this State
and the court in the state that would assume jurisdiction;
����
(4)
�
The relative financial circumstances of the
parties;
����
(5)
�
Any agreement of the parties as to which state
should assume jurisdiction;
����
(6)
�
The nature and location of the evidence
required to resolve the pending litigation, including testimony of the child;
����
(7)
�
The ability of the court of each state to
decide the issue expeditiously and the procedures necessary to present the
evidence;
����
(8)
�
The familiarity of the court of each state
with the facts and issues in the pending litigation; and
����
(9)
�
The physical and psychological health of the
parties.
����
(c)
�
If a court of this State determines that it
is an inconvenient forum and that a court of another state is a more
appropriate forum, it shall stay the proceedings upon condition that a
child-custody proceeding be promptly commenced in another designated state and
may impose any other condition the court considers just and proper.
����
(d)
�
A court of this State may decline to exercise
its jurisdiction under this chapter if a child-custody determination is
incidental to an action for divorce or another proceeding, while still
retaining jurisdiction over the divorce or other proceeding.
����
(e)
�
In a case where the provision of
gender-affirming health care services to the child is at issue, a court of this
State shall not determine that it is an inconvenient forum where the law or
policy of the other state that may take jurisdiction limits the ability of a
parent to obtain gender-affirming health care services for the child.
"
����
SECTION
18
.
�
Section 583A-208, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]�583A-208[
]
]
�
Jurisdiction declined by reason of
conduct.
�
(a)
�
Except as otherwise provided in section
583A-204, if a court of this State has jurisdiction under this chapter because
a person seeking to invoke its jurisdiction has engaged in unjustifiable
conduct, the court shall decline to exercise its jurisdiction unless:
����
(1)
�
The parents and all persons acting as parents
have acquiesced in the exercise of jurisdiction;
����
(2)
�
A court of the state otherwise having
jurisdiction under sections 583A-201 to 583A-203 determines that this State is
a more appropriate forum under section 583A-207; or
����
(3)
�
No court of any other state would have
jurisdiction under the criteria specified in sections 583A-201 to 583A-203.
����
(b)
�
If a court of this State declines to exercise
its jurisdiction pursuant to subsection (a), it may fashion an appropriate
remedy to ensure the safety of the child and prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a child-custody
proceeding is commenced in a court having jurisdiction under sections 583A-201
to 583A-203.
����
(c)
�
If a court dismisses a petition or stays a
proceeding because it declines to exercise its jurisdiction pursuant to
subsection (a), it may assess against the party seeking to invoke its
jurisdiction necessary and reasonable expenses including costs, communication
expenses, attorney's fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the proceedings, unless the party
from whom fees are sought is a protective parent fleeing abuse, or the
assessment would be clearly inappropriate.
�
The court [
may
]
shall
not assess fees, costs, or expenses
against this State unless authorized by law other than this chapter.
����
(d)
�
In making a determination under this section,
a court shall not consider as a factor weighing against the petitioner any
taking of the child, or retention of the child after a visit or other temporary
relinquishment of physical custody, from the person who has legal custody if
there is evidence that the taking or retention of the child was for the
purposes of obtaining gender-affirming health care services for the child and
the law or policy of the other state limits the ability of a parent to obtain gender-affirming
health care services for the child.
"
����
SECTION
19
.
�
Section 636C-9, Hawaii Revised Statutes, is
amended to read as follows:
����
"
[
[
]
�636C-9[
]
]
�
Enforcement of foreign penal civil actions
relating to protected reproductive health care services[
.
]
or
protected gender-affirming health care services.
�
(a)
�
No
judgment or other order arising from a foreign penal civil action or other
penal law banning, restricting, burdening, punishing, penalizing, or otherwise
interfering with the provision of protected reproductive health care services
or
protected gender-affirming health care services
shall be enforced in this
State.
����
(b)
�
As used in this section:
����
"Foreign penal civil
action" means an action authorized by the law of a state, or of any
municipality or other governmental entity within a state, other than this
State, the essential character and effect of which is to punish an offense
against the public justice of that state, municipality, or other governmental
entity.
����
"Gender-affirming
health care services" has the same meaning as in section 323J-1.
����
"Protected
gender-affirming health care services" means gender-affirming health care
services that are protected under the Hawaii State Constitution or are otherwise
lawful under the laws of this State or that would be constitutionally protected
or otherwise lawful if performed within this State.
����
"Protected reproductive health
care services" means medical, surgical, pharmaceutical, counseling, or
referral services relating to the human reproductive system, including but not
limited to services relating to pregnancy, contraception, or termination of a
pregnancy, that are protected under the Hawaii State Constitution or otherwise
lawful under the laws of this State or that would be constitutionally protected
or otherwise lawful if performed within this State."
����
SECTION
20
.
�
Section 836-2, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�836-2
�
Summoning witness in this State to testify in another state.
�
(a)
�
If a judge of a court of record in any state [
which
]
that
by its laws has made provision for commanding persons within that
state to attend and testify in this State certifies under the seal of that
court that there is a criminal prosecution pending in that court, or that a
grand jury investigation has commenced or is about to commence, that a person
in this State is a material witness in the prosecution or grand jury
investigation, and that the person's presence will be required for a specified
number of days, upon presentation of the certificate to any judge of a court of
record in this State in the judicial district in which the person is, the judge
shall fix a time and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
����
(b)
�
If at a hearing the judge determines that the witness is material
and necessary, that it will not cause undue hardship to the witness to be
compelled to attend and testify in the prosecution or a grand jury
investigation in the other state, and that the laws of the state in which the
prosecution is pending, or grand jury investigation has commenced or is about
to commence, and of any other state through which the witness may be required
to pass by ordinary course of travel, will give to the witness protection from
arrest and the service of civil and criminal process, the judge shall issue a
summons, with a copy of the certificate attached, directing the witness to
attend and testify in the court where the prosecution is pending, or where a
grand jury investigation has commenced or is about to commence at a time and
place specified in the summons[
, except
]
; provided
that no judge
shall issue a summons in a case where prosecution is pending, or where a grand
jury investigation has commenced or is about to commence
,
for a criminal
violation of a law of another state involving [
the provision,
]
:
����
(1)
�
Seeking, receiving,
paying for, [
receipt
of, or assistance with
]
or inquiring about
reproductive health care
services [
as defined in section 323J-1
]
or gender-affirming health
care services;
����
(2)
�
Providing or responding to an inquiry about
reproductive health care services or gender-affirming health care services;
����
(3)
�
Assisting or aiding or abetting in any of
the conduct described in paragraph (1) or (2); or
����
(4)
�
Attempting or intending to engage in or
providing material support for (or any other theory of vicarious, attempt,
joint, several, or conspiracy liability derived therefrom) conduct described in
paragraphs (1) to (3),
unless the acts forming the basis of the prosecution
or investigation would also constitute an offense in this State.
�
In any hearing, the certificate shall be
prima facie evidence of all the facts stated therein.
����
(c)
�
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state to assure
the witness' attendance in the requesting state, the judge may, in lieu of
notification of the hearing, direct that the witness be forthwith brought
before the judge for the hearing; and the judge at the hearing being satisfied
of the desirability of the custody and delivery, for which determination the
certificate shall be prima facie proof of the desirability may, in lieu of
issuing subpoena or summons, order that the witness be forthwith taken into
custody and delivered to an officer of the requesting state.
����
(d)
�
If the witness, who is summoned pursuant to this section, after
being paid or tendered by some properly authorized person a sum equivalent to
the cost of round-trip air fare to the place where the prosecution is pending
and $30 for each day, that the witness is required to travel and attend as a
witness, fails without good cause to attend and testify as directed in the
summons, the witness shall be punished in the manner provided for the
punishment of any witness who disobeys a summons issued from a court of record
in this State.
����
(e)
�
As used in this section,
"gender-affirming health care services" and "reproductive health
care services" have the same meanings as in section 323J-1.
"
����
SECTION 21.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
����
SECTION 22.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 23.
�
This Act shall take effect upon its approval;
provided that the amendments made to section 451J-12, Hawaii Revised Statutes,
by section 5 of this Act and section 453D-13, Hawaii Revised Statutes, by
section 9 of this Act shall not be repealed when the amendments made to those
sections by sections 9 and 18, respectively, of Act 93, Session Laws of Hawaii
2024, take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Gender-Affirming
Health Care Services; Protections; Child Custody
Description:
Expands
the protections established under Act 2, SLH 2023, to include gender-affirming
health care services.
�
Clarifies
jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act
for cases involving children who obtain gender-affirming health care services.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.