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support our sister organization, Pacific Birth Collective, as they continue to help families directly affected by the maui wildfires in august 2023!
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Legislative update 2024
The State of Hawaii is being sued by the center for reproductive rights and the Native Hawaiian legal corporation over the inaction in correcting the unjust midwifery restriction law, HRS-457J, passed in 2019. each year since the law’s inception, bills have been crafted by hihbc and other community stakeholders and the state of Hawaii has continually stopped the progress of these historically important actions to support human rights and a family’s right to choose where and with whom they want to birth their children.
The bills introduced in the 2024 session can still be scheduled in next year’s session. this is an election year, so consider reaching out to your legislators and ask if they stand with reproductive justice and a birthing person’s right to the unrestricted choice of who touches their body as they birth their child.
Now is the time to work with your Representative and Senator to end the criminalization of unlicensed birth practitioners. education for our legislators is necessary for them to comprehend why traditional and cultural birth practices are necessary to preserve and protect.
Are you a doula, lactation consultant, community healthworker, childbirth class instructor, or other affected professional?
If so, you may be practicing in violation of HRS 457J unless you are some kind of LICENSED professional (i.e. midwives, naturopaths, nurses, etc). This law was intended to only impact midwives, but the language was overly broad. The legislature promised to come back and fix it in a few years, but hasn't yet - resulting in a severe lack of access to all kinds of birth care providers, especially in rural communities.
Introduced in 2023, HB 955 passed through both the Health and Consumer Protection committees before getting “held up” in the Finance Committee. since then it has remained “dormant”. HB2649/SB2969 and HB407 were introduced to the legislature to fix many of the issues that HRS-457J - Hawai’i’s Midwifery Licensure Law - has created since it’s inception in 2019. The legislation introduced for the 2024 season failed to gain much traction and all three were tabled before they had a chance to get started… but HB 955 was an active and viable bill until march 7, 2024 and had the ability to pick up right where it left off in the house finance committee! On March 7th, 2024, HB955 was reintroduced to the House of representatives floor session but once again, it was blocked due to the fact that the entire law is being audited for the 2025 legislative session. hihbc continues to work with stake holders to encourage a better, more inclusive law for the families of Hawaii.
Please Read the Bills Drafted or the 2024 Legislative Session below
These companion bills acknowledge many important factors when it comes to Access to Reproductive Care across the Hawaiian Islands.
These bills address the language in Act 32 which defines “midwifery” with such a wide scope, that doulas, childbirth educators, and others supporting the childbearing cycle could be accused of practicing midwifery without a license.
These bills address the concerns of Hawaii, Kauai, and Maui county councils urging the permanent exemption of birth attendants.
These bills address concerns arising from the United Nations and WHO regarding culturally appropriate care led by midwives and community based birth practitioners, to improve the maternal and infant mortality rates that have been climbing since 2000.
These bills address harm reduction by decriminalizing birth attendants which allows for collaborative care and open communication between various providers. This important step makes it safer for families to choose where and with whom they choose to birth their children without fear of persecution for themselves or those they choose to serve them during this tender time in their life.
These bills protect personal autonomy and self determination for the birthing person.
House Representative Elle Cochran explains HB2649 in this interview with Blossom Inner Wellness. You can find the whole interview in the link below where she gives updates on the Maui relief efforts, the challenges she faces as a legislator, and her personal call to action urging people to run for office to make change in the community!
2023 Legislative Update: HB955 passed through the health and consumer protection committees, but was stopped in its forward motion by the House Finance Committee (even though it was not a fiscal bill). technically it could be viewed as the bill has gone into dormancy until the 2024 session where it could be revived exactly where it left off… in the house finance committee.
What does that mean for Hawai’i’s Birth Community presently?
As it currently stands the professional term of “Midwife” must be accompanied by licensure and follow the regulation of the law, Act 32, enacted in 2019 effective June 30, 2023.
Please stay tuned as HIHBC members continue to co-create equity in birth choices and recognition for the various types of birth workers sought out by the families across our islands by having meaningful conversations with community members.
Sign the petition to protect birthing choices in Hawai’i
Help us build our membership
Please share our website and membership opportunities with friends, family, and other organizations that would align with our mission! The more our membership grows, the louder our individual voices can be heard and our mission can be shared! We would like to inspire other communities to claim or RE-claim their traditional and cultural knowledge around birth and protect it while there’s something left to preserve!