SB 1246: RELATING TO HEALTH CARE.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-02-11
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Directs the Department of Health to purchase and store a 1 year supply of mifepristone by working with 1 or more pharmacies in the State. Appropriates funds. Effective 12/31/2050. (SD1)
Directs the Department of Health to purchase and store a 1 year supply of mifepristone by working with 1 or more pharmacies in the State. Appropriates moneys.
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THE SENATE |
S.B. NO. |
1246 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the people of Hawaii have a long tradition of protecting an individual's right to privacy and bodily autonomy independently of, and more broadly than, the federal constitution. In 1970, the State became the first state in the nation to legalize abortion with the enactment of Act 1, Session Laws of Hawaii 1970. In 1978, the 1978 Hawaii State Constitutional Convention proposed, and the electorate approved, an amendment to explicitly codify the right to privacy in article I, section 6, of the Hawaii State Constitution. In 2006, the legislature took one of its constitutionally required affirmative steps to implement the right to privacy by passing Act 35, Session Laws of Hawaii 2006, which established that the State shall not deny or interfere with a pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect a pregnant person's life or health. Act 35 also removed the outdated requirement that individuals who seek an abortion be a Hawaii resident for at least ninety days.
However, the legislature further finds that existing developments in the legal landscape threaten the State's policy to protect an individual's right to privacy and personal autonomy over one's body within state boundaries. In June 2022, the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), that the United States Constitution does not confer a right to an abortion. Dobbs overruled Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), and the nearly fifty years of federal precedent regarding reproductive rights. The impact of Dobbs has resulted in many states either banning or severely restricting access to abortion. Additionally, some states are pursuing laws or policies purporting to impose civil or criminal liability or professional discipline in connection with the provision or receipt of, or assistance with, reproductive health care services outside of these states' borders.
It is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6, of the Hawaii State Constitution are fundamental rights and that those rights include an individual's right to make reproductive health care decisions about one's own body and to decide whether to bear a child or obtain an abortion. Due to the shifting legal landscape regarding the right to privacy and an individual's bodily autonomy, the legislature finds it is imperative to reiterate and bolster the State's policy to affirm protection of these rights and freedoms within the state boundaries.
The purpose of this Act is to bolster the State's policy to protect the right to privacy and bodily autonomy within the boundaries of the State for all individuals, including minors. In-person abortion care is only available on Maui and Oahu. Furthermore, sixty-three per cent of abortions are accomplished with the administration of oral medication.
Two medications are commonly used for abortion: misoprostol and mifepristone. The United States Food and Drug Administration may change approved indications for these medications and the mifepristone supply chain may suffer temporary disruption.
Given those possibilities, the State has a responsibility to uphold civil and reproductive rights and may choose to stockpile medication required to facilitate maintaining the status quo on reproductive rights. Other states have adopted laws or implemented policies to stockpile abortifacient medications, including California (to stockpile two hundred fifty thousand doses), New York (to stockpile one hundred fifty thousand doses), Massachusetts, and Washington.
The department of health has stockpiled abortifacient medications in the past and can do so again. Mifepristone has a five-year shelf life. This Act requires the department of health to stockpile a one-year supply of mifepristone (approximately one thousand doses) by working with one or more local pharmacies.
SECTION 2. The department of health shall purchase and store a one-year supply of mifepristone, as determined by the department of health. The department of health shall coordinate with one or more pharmacies located in the State to purchase the supply.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 for the purchase of a one-year supply of mifepristone.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 4. This Act shall take effect on December 31, 2050.
Report Title:
DOH; Reproductive Health Care; Mifepristone; Stockpile; Appropriations
Description:
Directs the Department of Health to purchase and store a 1 year supply of mifepristone by working with 1 or more pharmacies in the State. Appropriates funds. Effective 12/31/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1246 |
|
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 legislature finds that the people of Hawaii have a long tradition of protecting an individual's right to privacy and bodily autonomy independently of, and more broadly than, the federal constitution. In 1970, the State became the first state in the nation to legalize abortion with the enactment of Act 1, Session Laws of Hawaii 1970. In 1978, the 1978 Hawaii State Constitutional Convention proposed, and the electorate approved, an amendment to explicitly codify the right to privacy in article I, section 6, of the Hawaii State Constitution. In 2006, the legislature took one of its constitutionally required affirmative steps to implement the right to privacy by passing Act 35, Session Laws of Hawaii 2006, which established that the State shall not deny or interfere with a pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect a pregnant person's life or health. Act 35 also removed the outdated requirement that individuals who seek an abortion be a Hawaii resident for at least ninety days.
However, the legislature further finds that existing developments in the legal landscape threaten the State's policy to protect an individual's right to privacy and personal autonomy over one's body within state boundaries. In June 2022, the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), that the United States Constitution does not confer a right to an abortion. Dobbs overrules Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), and the nearly fifty years of federal precedent regarding reproductive rights. The impact of Dobbs has resulted in many states either banning or severely restricting access to abortion. Additionally, some states are pursuing laws or policies purporting to impose civil or criminal liability or professional discipline in connection with the provision or receipt of, or assistance with, reproductive health care services outside of these states' borders.
It is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6, of the Hawaii State Constitution are fundamental rights and that those rights include an individual's right to make reproductive health care decisions about one's own body and to decide whether to bear a child or obtain an abortion. Due to the shifting legal landscape regarding the right to privacy and an individual's bodily autonomy, the legislature finds it is imperative to reiterate and bolster the State's policy to affirm protection of these rights and freedoms within the state boundaries.
The purpose of this Act is to bolster the State's policy to protect the right to privacy and bodily autonomy within the boundaries of the State for all individuals, including minors. In-person abortion care is only available on Maui and Oahu. Furthermore, sixty-three per cent of abortions are accomplished with the administration of oral medication.
Two medications are commonly used for abortion: misoprostol and mifepristone. The Federal Drug Administration may change approved indications for these medications and the mifepristone supply chain may suffer temporary disruption.
Given those possibilities, the State has a responsibility to uphold civil and reproductive rights and may choose to stockpile medication required to facilitate maintaining the status quo on reproductive rights. Other states have adopted laws or implemented policies to stockpile abortifacient medications, including California (to stockpile two hundred fifty thousand doses, New York (to stockpile one hundred fifty thousand doses), Massachusetts, and Washington.
The department of health has stockpiled abortifacient medications in the past and can do so again. Mifepristone has a five-year shelf life. This Act requires the department of health to stockpile a one-year supply of mifepristone (approximately one thousand doses) by working with one or more local pharmacies. This Act appropriates $75,000 for this purpose to be expended by the department of health.
SECTION 2. The department of health shall purchase and store a one-year supply of mifepristone, as determined by the department of health. The department of health shall coordinate with one or more pharmacies located in the State to purchase the supply.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2025-2026 for the purchase of a one-year supply of mifepristone.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DOH; Reproductive Health Care; Mifepristone; Stockpile
Description:
Directs the Department of Health to purchase and store a 1 year supply of mifepristone by working with 1 or more pharmacies in the State. Appropriates moneys.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 11, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 11, 2025 | Reported from HHS (Stand. Com. Rep. No. 274) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Jan 31, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Jan 28, 2025 | The committee(s) on HHS has scheduled a public hearing on 01-31-25 1:34PM; Conference Room 225 & Videoconference. |
| Jan 27, 2025 | Referred to HHS, WAM. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 21, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Jan 31, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| AAUW of Hawaii | ** Support | |
| American College of Obstetricians and Gynecologists Hawaiʻi Section | ** Support | |
| Hawaii Children's Action Network Speaks! | ** Support | |
| Hawaiʻi County Council - District 2 | *** Support | Jan 31, 2025 |
| Indivisible Hawaii | ** Support | |
| Save Medicaid Hawaii | *** Support | Jan 31, 2025 |
STAND. COM. REP. NO. 274
Honolulu, Hawaii
RE: S.B. No. 1246
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred S.B. No. 1246 entitled:
"A BILL FOR AN ACT RELATING TO HEALTH CARE,"
begs leave to report as follows:
The purpose and intent of this measure is to direct the Department of Health to purchase and store a one year supply of mifepristone by working with one or more pharmacies in the State.
Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council, AAUW of Hawaii, Indivisible Hawaii, Hawaii Children's Action Network Speaks!, American College of Obstetricians and Gynecologists Hawaiʻi Section, and twenty-seven individuals.
Your Committee received testimony in opposition to this measure from twenty-six individuals.
Your Committee received comments on this measure from the Department of Health and Hawaiʻi Affiliate of American College of Nurse-Midwives.
Your Committee finds that it is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6, of the Hawaii State Constitution are fundamental rights and that those rights include an individual's right to make reproductive health care decisions about one's own body and to decide whether to bear a child or obtain an abortion. Your Committee further finds that two medications are commonly used for abortion: misoprostol and mifepristone; and that the United States Food and Drug Administration may change approved indications for these medications and the mifepristone supply chain may suffer temporary disruption. This measure ensures a stockpile medication required to facilitate maintaining the status quo on reproductive rights in the State.
Your Committee has amended this measure by:
(1) Changing the appropriation to an unspecified amount;
(2) Inserting an effective date of December 31, 2050, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
Your Committee notes that this measure, as amended, contains an unspecified appropriation amount. Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $75,000 for the purchase of a one-year supply of mifepristone.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1246, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1246, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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Date
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Testimony PDF
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| Jan 31, 2025 | SB1246_TESTIMONY_HHS_01-31-25_.PDF |
Bill Author
Bill Co-Author(s):