§453-16 Intentional termination of pregnancy; penalties; refusal to perform. (a) No abortion shall be performed in this State unless:
(1) The abortion is performed by a licensed physician or surgeon, or by a licensed osteopathic physician and surgeon; and
(2) The abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or physician's or osteopathic physician's office.
(b) Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section.
(c) The State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female.
(d) Any person who knowingly violates subsection (a) shall be fined not more than $1,000 or imprisoned not more than five years, or both.
(e) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal. [L 1970, c 1, §2; am L 2006, c 35, §2; am L 2008, c 5, §18]
Attorney General Opinions
Constitutionality of residence requirement discussed. Att. Gen. Op. 70-2.
The hospital requirement of subsection (a)(2) is not enforceable during the first trimester of pregnancy; subsection (a)(3) is unconstitutional and invalid. Att. Gen. Op. 74-17.
Law Journals and Reviews
The Abortion Decision and Evolving Limits on State Intervention. 11 HBJ 51 (1974).
Emergency Contraception in Religious Hospitals: The Struggle Between Religious Freedom and Personal Autonomy. 27 UH L. Rev. 65 (2004).
Case Notes
Fetus in last trimester was vested with all rights of human beings. 751 F. Supp. 168 (1990).
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
453-1 Practice of medicine defined.
453-1.3 Practice of telehealth.
453-2 License required; exceptions.
453-3 Limited and temporary licenses.
453-3.5 Training replacement temporary license.
453-4 Qualifications for examination and licensure.
453-4.5 Foreign medical graduates; alternative qualifications.
453-4.6 Licensure by endorsement.
453-5 Hawaii medical board; appointment, removal, qualifications.
453-5.1 Powers and duties of board.
453-5.3 Physician assistant; licensure required.
453-5.4 Physician assistant advisory committee.
453-5.5 Physician assistant; authority to sign documents.
453-6.5 REPEALED. L 1988, c 110, §5.
453-7.5 Review of complaints and information by department.
453-8 Revocation, limitation, suspension, or denial of licenses.
453-8.1 Voluntary limitation of license.
453-8.7 Reporting requirements.
453-8.8 Physician workforce assessment fee; license; physician workforce information.
453-10 Witnesses in such proceeding.
453-11 Recalcitrant witnesses; contempt.
453-14 Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds.
453-15 Who shall give consent to a postmortem examination.
453-16 Intentional termination of pregnancy; penalties; refusal to perform.
453-17 Subpoena of peer review adverse decision report.
453-18 Pelvic examinations on anesthetized or unconscious female patients.
453-31 Emergency ambulance service personnel.
453-32 License requirements for emergency medical services.
453-32.1 Renewal of licensure.
453-32.5 Provisional licensure.
453-32.51 Limited provisional licensure.
453-34 Licensure consistent with levels of practice; licensure of emergency medical technician 1.