RELATING TO MEDICAL INFORMED CONSENT.

SB107

THE SENATE

S.B. NO.

107

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO MEDICAL INFORMED CONSENT
.

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

����
SECTION 1.
�
Section
671-3, Hawaii
Revised Statutes, is amended to read as follows:

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"
�671-3
�
Informed consent.
�
(a)
�

The Hawaii medical board [
may
]
shall
establish standards
for health care providers to follow in giving information to a patient, or to a
patient's guardian or legal surrogate if the patient lacks the capacity to give
an informed consent, to ensure that the patient's consent to treatment is an
informed consent.
�
The standards shall be
consistent with [
subsection
]
subsections
(b)
and (c)
and
may include:

����
(1)
�
The
substantive content of the information to be given;

����
(2)
�
The
manner in which the information is to be given by the health care provider; and

����
(3)
�
The
manner in which consent is to be given by the patient or the patient's guardian
or legal surrogate.

����
(b)
�

The following information shall be supplied to the patient or the
patient's guardian or legal surrogate [
prior to
]
before
obtaining
consent to a proposed medical or surgical treatment or a diagnostic or
therapeutic procedure:

����
(1)
�
The
condition to be treated;

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(2)
�
A
description of the proposed treatment or procedure;

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(3)
�
The
intended and anticipated results of the proposed treatment or procedure;

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(4)
�
The
recognized alternative treatments or procedures, including the option of not
providing these treatments or procedures;

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(5)
�
The
recognized material risks of serious complications or mortality associated
with:

���������
(A)
�
The
proposed treatment or procedure;

���������
(B)
�
The
recognized alternative treatments or procedures; and

���������
(C)
�
Not
undergoing any treatment or procedure; and

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(6)
�
The
recognized benefits of the recognized alternative treatments or procedures.

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(c)
�
Informed consent to a proposed medical or
surgical treatment or a diagnostic or therapeutic procedure shall be obtained
from the patient or the patient's guardian or legal surrogate before the date
that the treatment or procedure is to take place; provided that if the proposed
procedure or treatment is to take place on the same day on which it is
scheduled, the informed consent shall be obtained at the time the decision is
made to schedule that procedure or treatment.
�

A confirmation of the informed consent that was previously acquired may
be obtained by the treating health care provider from the patient or patient's
guardian or legal surrogate on the day of the treatment or procedure.

����
[
(c)
]
(d)
�
On or before January 1, 1984, the Hawaii
medical board shall establish standards for health care providers to follow in
giving information to a patient or a patient's guardian, to ensure that the
patient's consent to the performance of a mastectomy is an informed
consent.
�
The standards shall include the
substantive content of the information to be given, the manner in which the
information is to be given by the health care provider and the manner in which
consent is to be given by the patient or the patient's guardian.
�
The substantive content of the information to
be given shall include information on the recognized alternative forms of
treatment.

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[
(d)
]
(e)
�
Nothing in this section shall require
informed consent from a patient or a patient's guardian or legal surrogate when
emergency treatment or an emergency procedure is rendered by a health care
provider and the obtaining of consent is not reasonably feasible under the
circumstances without adversely affecting the condition of the patient's
health.

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[
(e)
]
(f)
�
For purposes of this section, "legal
surrogate" means an agent designated in a power of attorney for health
care or surrogate designated or selected in accordance with chapter 327E."

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SECTION 2.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 3.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Medical
Informed Consent; Timing; Hawaii Medical Board; Standards

Description:

Requires t
he
Hawaii Medical Board to establish standards for health care providers to ensure
that a patient's consent to treatment is an informed consent.
�
Requires that
informed consent for a proposed medical or surgical treatment or
a diagnostic or therapeutic procedure shall be obtained before the day of that
treatment or procedure.
�
Specifies that
if the treatment or procedure is to occur on the same day it is scheduled, the
informed consent shall be obtained at the time the decision is made to schedule
that treatment or procedure.

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