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SB2845
THE SENATE
S.B. NO.
2845
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to health care
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that safe
access to health care services is vital for the health and safety of all
residents of the State.
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Individuals
seeking or providing health care should be able to access health care
facilities without fear, intimidation, or any form of harassment.
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The legislature therefore declares that
interference with health care facilities should be prohibited and subject to civil
and criminal penalties.
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The
purpose of this Act is to protect safe and unobstructed access to health care
for patients and their providers by prohibiting persons from interfering with
another person's access to a health care facility and establishing civil and
criminal penalties for violations.
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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to title 19 to be appropriately designated and
to read as follows:
"
Chapter
interference with Health care facilities
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323-
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Definitions.
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For the purposes of this chapter:
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"Aggrieved
party" means:
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(1)
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A person who is physically present at a health
care facility whose access is or is about to be obstructed or impeded by
another person's intentional, knowing, or reckless interference;
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(2)
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A person who is physically present at a health
care facility whose care is or is about to be disrupted by another person's intentional,
knowing, or reckless interference;
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(3)
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A health care facility and its employees or
agents; and
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(4)
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The owner of a health care facility or the
building or property upon which the health care facility is located.
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"Health
care facility" or "facility" has the same meaning as in section
323D-2 and includes any buildings or structures in which the facility is
located and any associated driveway.
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"Health
care facility employee" means an officer, director, employee, or agent of
a health care facility.
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"Health
care provider" has the same meaning as in section 671-1.
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�323-
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Interference with health care facilities
prohibited; exception.
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(a)
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Except as otherwise provided under federal or state law, it shall be
unlawful for any person, alone or in concert, to intentionally, knowingly, or
recklessly interfere with another person's access to or from a health care
facility or intentionally, knowingly, or recklessly disrupt the normal
functioning of a health care facility by:
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(1)
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Physically obstructing or impeding the free
passage of another person seeking to enter or depart from the facility or from
the common areas of the real property on which the facility is located;
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(2)
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Making or causing a noise that unreasonably
disturbs the peace within the facility or that constitutes a violation of
section 342F-30;
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(3)
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Trespassing on the facility or the common
areas of the real property upon which the facility is located;
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(4)
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Making or causing repeated telephone calls to
a person, including a health care facility employee or health care provider, or
a health care facility with the intent to impede access to the person's or
health care facility's telephone lines or otherwise disrupt the person's or
health care facility's activities; or
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(5)
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Threatening to inflict injury on the owners,
agents, patients, employees, or property of the health care facility.
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(b)
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This section shall not apply to actions taken
as part of a labor demonstration or when exercising the right to strike.
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�323-
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Criminal penalties.
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(a)
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In addition to any
other penalties, any person who intentionally, knowingly, or recklessly
violates this part, whether alone or in concert, shall be guilty of a petty
misdemeanor and shall be punished as follows:
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(1)
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For a first offense, a fine of no less than
$250 and a term of imprisonment of at least twenty-four consecutive hours;
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(2)
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For a second offense, a fine of no less than
$750 and a term of imprisonment of at least seven consecutive days; and
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(3)
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For a third or subsequent offense, a fine of
no less than $1,000 and a term of imprisonment of no more than thirty
consecutive days.
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(b)
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A court having jurisdiction in a criminal
proceeding under this chapter shall take all reasonably necessary steps to
safeguard the individual privacy of an aggrieved party and prevent harassment
of a patient, health care provider, or health care facility employee who is a
party or witness to a proceeding, including grating protective orders and
motions in limine.
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(c)
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For the purposes of this section,
"person" means a person eighteen years of age or older.
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�323-
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Civil remedies
.
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(a)
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Any aggrieved party may bring a civil suit
against a person or persons who intentionally, knowingly, or recklessly
violated this chapter in the district court of the district in which the
violation took place to enjoin further violations and recover actual damages
sustained.
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The aggrieved party shall not
be required to allege or prove actual damages to prevail.
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(b)
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The court may, in its discretion, increase
the award of damages to an amount not to exceed $500, or $5,000 if the
aggrieved party is a health care facility, for each day of continued
violation.
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The court may, in its
discretion and subject to all applicable federal and state laws, regulations,
and rules, issue injunctive relief without bond.
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(c)
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In any action brought under this section, the
prevailing party shall be entitled to the recovery of costs of the suit,
including court costs and fees and reasonable attorney's fees.
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(d)
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A court having jurisdiction in a criminal
proceeding under this chapter shall take all reasonably necessary steps to
safeguard the individual privacy of an aggrieved party and prevent harassment
of a patient, health care provider, or health care facility employee who is a
party or witness to a proceeding, including grating protective orders and motions
in limine.
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(e)
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The attorney general may bring an action in a
court of competent jurisdiction for appropriate injunctive or other equitable
relief against any person who is reasonably believed to violate or who is in
the course of violating this chapter.
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�323-
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Enforcement
.
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Enforcement
of this chapter shall be under the concurrent jurisdiction of the attorney
general, the prosecuting attorneys or deputy prosecuting attorneys of the
various counties, and the police departments of the various counties.
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�323-
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Remedies and penalties not exclusive.
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The penalties and remedies provided in this
chapter with respect to any violation of this chapter shall not be deemed
exclusive of each other or of any other civil or criminal rights, remedies, or
penalties provided or allowed by law with respect to any violation."
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Health
Care Facilities; Interference; Disruption; Petty Misdemeanor; Private Right of
Action; Civil Remedies; Criminal Penalties; Attorney General
Description:
Prohibits
persons from interfering with another person's access to or from a health care
facility or disrupting the normal functioning of a health care facility.
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Makes violations a petty misdemeanor.
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Establishes a private right of action for
individuals and health care facilities harmed as a result of interference with a
health care facility.
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Authorizes the
Attorney General to bring an action for injunctive or other equitable relief.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.