RELATING TO MINORS.

Children Healthcare Parental Rights

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: IWAMOTO, AMATO, BELATTI, COCHRAN, GRANDINETTI, ICHIYAMA, KEOHOKAPU-LEE LOY, LA CHICA, LAMOSAO, LEE, M., LOWEN, MARTEN, MATAYOSHI, OLDS, POEPOE, SAYAMA, TAKAYAMA, Templo
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The official source does not provide information on whether the bill protects doctors from legal trouble.

Rules for Medical Care for Minors Who Are Victims of Sexual Offenses

This bill allows doctors to examine and treat minors who have been victims of sexual offenses without needing parental consent, as long as the minor consents.

What This Bill Does

Allows a doctor to perform necessary medical exams on a minor if the minor says they were sexually assaulted or abused.
Requires the doctor to try to tell the minor's parents about the assault before examining and treating them, unless the parent is suspected of being the abuser.
Says that even if the doctor can't reach the parents or the parents don't agree with treatment, the doctor can still treat the minor as long as the minor consents.

Who It Names or Affects

Minors (underage people) who are victims of sexual assault or abuse
Doctors and other health care providers

Terms To Know

Physician: A doctor licensed to practice medicine.
Sexual offense: An illegal act involving sexual contact with someone without their consent or when they are unable to give consent.

Limits and Unknowns

The bill does not specify what happens if the minor is too young or mentally unable to give consent.
It's unclear how this will affect minors in youth correctional facilities who need medical care without parental consent.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment allows a licensed health care provider to perform medical examinations and treatments on minor patients who have experienced sexual assault, with the consent of the minor patient.

A licensed health care provider can examine and treat a minor for evidence of a sexual offense if the minor consents, even without parental or guardian approval in certain cases.

The amendment text specifies an effective date of July 1, 3000, which seems incorrect and may be a placeholder or error.
Some details about how providers should proceed if there are objections from those with custody over the minor's medical care are complex and might need further clarification.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-01-31 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with Representative(s) Kila, Lamosao, Matsumoto, Pierick, Reyes Oda, Shimizu, Souza voting aye with reservations; Representative(s) Alcos, Garcia, Muraoka voting no (3) and Representative(s) Cochran, Templo, Ward excused (3).
2025-01-31 H
Reported from HSH (Stand. Com. Rep. No. 28) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
2025-01-28 H
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 1 Excused: Representative(s) Alcos.
2025-01-24 H
Bill scheduled to be heard by HSH on Tuesday, 01-28-25 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to HSH, CPC, JHA, referral sheet 2
2025-01-21 H
Introduced and Pass First Reading.
2025-01-17 H
Pending introduction.

Official Summary Text

RELATING TO MINORS.
Minors; Consent; Medical Care; Licensed Health Care Providers; Sexual Offenses
Authorizes a licensed health care provider properly trained in the medical forensic care of a patient who has experienced sexual assault or abuse, upon consultation with a minor patient who indicates that the minor was the victim of a sexual offense, with the consent of the minor patient, to perform customary and necessary examinations to obtain evidence of the sexual offense and may prescribe for and treat the patient for any immediate condition caused by the sexual offense. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB731

HOUSE OF REPRESENTATIVES

H.B. NO.

731

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to minors
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

����
SECTION 1.
�

Chapter 577A, Hawaii Revised Statutes, is amended by adding a new part
to be appropriately designated and to read as follows:

"
Part
.
�
sexual offenses

����
�
577A-
����
Consent valid; sexual offense.
�
(a)
�

Any physician licensed to practice in the State, upon consultation by a
minor as a patient who indicates that the minor was the victim of a sexual
offense described in part V of chapter 707, with the consent of the minor
patient, may perform customary and necessary examinations to obtain evidence of
the sexual offense and may prescribe for and treat the patient for any
immediate condition caused by the sexual offense.

����
(b)
�

Prior to examining or treating a minor pursuant to subsection (a), a
physician shall make a reasonable effort to notify of the sexual offense the
parent, parents, legal guardian, or any other person having custody or
decision-making responsibility with respect to the medical care of the minor;
provided that the notification described in this subsection shall not apply if
the alleged sexual offense was committed by the parent, parents, legal
guardian, or any other person having custody or decision-making responsibility
with respect to the medical care of the minor.

����
(c)
�

So long as the minor has consented, the physician may examine and treat
the minor as provided for in subsection (a), regardless of whether the
physician has been able to make the notification provided for in subsection (b)
and regardless of whether those notified have given consent; provided that, if
the person having custody or decision-making responsibility with respect to the
minor's medical care objects to treatment, then the physician shall proceed
under the authority established under chapter 350.

����
(d)
�

Nothing in this section shall be deemed to relieve any person from the
requirements of chapter 350 concerning child abuse.

����
(e)
�

If a minor is unable to give the consent required by this section by
reason of age or mental or physical condition and it appears that the minor has
been the victim of a sexual assault, the physician shall not examine or treat
the minor as provided in subsection (a) but shall proceed under the requirements
of chapter 350.

����
(f)
�

A physician shall incur no civil or criminal liability by reason of
having examined or treated a minor pursuant to subsection (a); provided that
this immunity shall not apply to any negligent acts or omissions by the
physician."

����
SECTION 2.
�

Chapter 577A, Hawaii Revised Statutes, is amended by designating
sections 577A-1 to 577A-5 as part I, entitled "General Provisions".

PART II

����
SECTION 3.
�

Chapter 352, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:

����
"
�352-
��
��
Consent
for medical services.
�
(a)
�

The consent of the parent, parents, or legal guardian of an offender
under the age of eighteen years who has been committed to the youth
correctional facilities is not necessary in order to authorize hospital,
medical, mental health, dental, emergency health, or emergency surgical care.

����
(b)
�
Neither the department nor any hospital,
physician, surgeon, mental health care provider, dentist, emergency medical
services provider, or agent or employee thereof who relies in good faith on a
minor offender's consent shall be liable for civil damages for failure to
secure the consent of the offender's parent, parents, or legal guardian prior
to rendering care pursuant to subsection (a).
�

The parent, parents, or legal guardian of a minor offender described in
this section shall not be liable to pay the charges for the care provided to
the minor pursuant to the minor's consent.
"

PART III

����
SECTION 4.
�

New statutory material is underscored.

����
SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Minors;
Consent; Medical Care; Sexual Offenses; DHS; Hawaii Youth Correctional
Facilities; Minor Offenders

Description:

Authorizes
a physician, upon consultation with a minor patient who indicates that the
minor was the victim of a sexual offense, with the consent of the minor
patient, to perform customary and necessary examinations to obtain evidence of
the sexual offense and may prescribe for and treat the patient for any
immediate condition caused by the sexual offense.
�
Provides that the consent of the parent,
parents, or legal guardian of a minor offender who has been committed to the Hawaii
youth correctional facilities is not necessary in order to authorize hospital,
medical, mental health, dental, emergency health, or emergency surgical care.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.