Bill > HB1402

This bill establishes the Abortion Survivors Protection Act, which mandates that any infant born alive, including during an attempted abortion, must receive medically appropriate and reasonable life-saving and life-sustaining medical care. The bill defines "born alive" as a viable infant showing signs of life such as breathing, heartbeat, or muscle movement, and requires healthcare providers to take all steps to preserve the life and health of such an infant. It imposes criminal penalties, including potential charges of murder or manslaughter, for healthcare providers who intentionally kill a born-alive infant or recklessly fail to provide necessary medical care. The bill also allows civil actions for damages by the woman on whom the abortion was performed if the infant is not properly cared for, and establishes professional disciplinary actions for healthcare providers who fail to comply with the law. Importantly, the bill explicitly states that it does not affect existing abortion laws or a woman's right to obtain an abortion, and it is not intended to create or recognize a right to abortion. The legislation aims to ensure that any infant born alive receives appropriate medical treatment, regardless of the circumstances of their birth.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1402&year=2026