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Bill

SR 7

AFFIRMING AND SUPPORTING THE REQUIREMENT THAT HOSPITALS PROVIDE LIFE-SAVING EMERGENCY CARE TO PREGNANT PEOPLE, INCLUDING REPRODUCTIVE AND ABORTION SERVICES, WHEN SUCH CARE IS MEDICALLY NECESSARY TO STABILIZE A PATIENT UNDER THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT.

2026 Regular Session Introduced by Stanley Chang and 6 co-sponsors

Hawaii affirms hospitals must provide emergency abortion services when medically necessary to stabilize pregnant patients under federal EMTALA requirements.

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Bill Summary · SR 7

Legislative bill overview

SR 7 is a symbolic resolution affirming that hospitals must provide emergency reproductive and abortion services to pregnant patients when medically necessary to stabilize their condition under the federal Emergency Medical Treatment and Active Labor Act (EMTALA). The resolution reaffirms existing federal law requirements and expresses legislative support for hospitals' obligations to provide such care regardless of state abortion restrictions.

Why is this important

EMTALA requires emergency stabilizing treatment regardless of ability to pay, but interpretations vary on whether abortion qualifies as emergency stabilizing care in pregnancy complications. This resolution clarifies Hawaii's legislative intent that hospitals should not delay or deny abortion services when medically necessary for emergency stabilization, addressing practical barriers providers may face in states with conflicting abortion laws.

Potential points of contention

  • Federal law vs. state authority: Opponents may argue the resolution conflicts with state abortion restrictions or oversteps legislative boundaries by instructing hospitals to provide services that may violate other state laws
  • "Medically necessary" definition: Disagreement exists on what constitutes medical necessity for emergency abortion (e.g., whether psychological distress qualifies or only physical life-threatening conditions)
  • Conscience and religious exemptions: Concerns that mandates conflict with healthcare providers' or religious institutions' conscience-based objections to abortion services

Compiled from official sources — confirm details with the bill’s official record.

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