HOUSE OF REPRESENTATIVES
H.B. NO.
927
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to freestanding birthing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
freestanding birth facilities
§ -1 Definitions. As used in this chapter:
"Broad service hospital" means a medical facility which is staffed and equipped to provide definite inpatient, medical, surgical, and obstetrical care for a twenty-four hour period or longer.
"Department" means the department of health.
"Director" means the director of health.
"Freestanding birthing facility" means a public or private facility that is not financially or administratively connected with a broad service hospital whose only purpose is the reception of low-risk maternity patients and the providing of care during pregnancy, delivery, and the immediate postpartum period.
"Low-risk maternity patient" means a person who does not exhibit any evidence of any risk criteria that will adversely affect the health of the mother or infant during pregnancy, labor, birth, or the immediate postpartum period.
§ -2 License required. (a) It shall be unlawful for any group or person to operate a freestanding birthing facility without a license.
(b) Every group or person seeking a license to operate a freestanding birthing facility shall file a written application with the director that shall contain such information and be in such form as the director may prescribe.
(c) A license shall be issued only to the group or person named in the application and only for the premises listed in the application for licensure.
§ -3 License; standards. (a) A license shall not be issued to any group or person that is not:
(1) Currently accredited by the Commission for the Accreditation of Birth Centers; or
(2) In the process of obtaining accreditation within six months of the date of the application for licensure;
provided that if a freestanding birthing facility loses the accreditation required by this section, it shall immediately notify the director of its change in accreditation status.
(b) An applicant for licensure shall clearly define written risk criteria or factors which, when present, would preclude a patient from being considered a low-risk patient and therefore ineligible for a health care services at the freestanding birthing center.
§ -4 Licenses; renewals. Licenses shall be renewed on an annual basis.
§ -5 Licenses; suspension or revocation. The director may suspend, revoke, or refuse to issue or renew a license if a freestanding birthing facility substantially violates any requirement of this chapter or rule adopted by the department under this chapter.
§ -6 Fees. The director may establish reasonable fees for the issuance or renewal of licenses.
§ -7 Rules. The department may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
§ -8 Penalties. Any person who violates any rule adopted by the department under this chapter or violates any provision of this chapter shall be subject to a fine of no more than $ . Each violation shall constitute a separate offense."
SECTION 2. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOH; Freestanding Birthing Facilities; License
Description:
Establishes licensure requirements for freestanding birthing facilities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.