Bill > HB215

This bill requires the Hawaii Medical Board to establish mandatory standards for health care providers regarding informed consent, replacing previous permissive language. The bill specifies that before any medical or surgical treatment or diagnostic procedure, healthcare providers must give patients (or their legal guardians) comprehensive information, including the condition being treated, description of the proposed treatment, anticipated results, alternative treatment options, potential risks of complications or mortality for both the proposed and alternative treatments, and benefits of alternative treatments. Critically, the bill mandates that informed consent must be obtained before the date of the treatment, with a special provision that if the treatment is scheduled for the same day, consent must be obtained at the time of scheduling. The bill allows for a confirmation of previously acquired consent on the day of the procedure. The legislation maintains an emergency treatment exception where obtaining consent is not feasible without potentially harming the patient's health. The term "legal surrogate" is defined as an agent designated in a power of attorney for healthcare or a surrogate selected in accordance with existing state law. The bill aims to strengthen patient rights and ensure more transparent medical decision-making by requiring more rigorous and timely consent processes.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=215&year=2026