HB 1961

HOUSE OF REPRESENTATIVES
H.B. NO.
1961
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 1
A BILL FOR AN ACT
RELATING TO HEALTH CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� The legislature finds that safe
access to health care services is vital for the health and safety of all
residents of the State. �Individuals
seeking or providing health care should be able to access health care
facilities without fear, intimidation, or any form of harassment. �The legislature therefore declares that
interference with health care facilities should be prohibited and subject to civil
and criminal penalties.
���� The
purpose of this Act is to protect safe and unobstructed access to health care
for patients and their providers by prohibiting persons from interfering with
another person's access to a health care facility and establishing civil and
criminal penalties for violations.� This
Act is not intended to affect any rights under federal or state law on peaceful
expressive conduct, including labor demonstrations or exercising the right to
strike.
���� SECTION
2.� The Hawaii Revised Statutes is
amended by adding a new chapter to title 19 to be appropriately designated and
to read as follows:
"Chapter
interference with Health care facilities
���� �   -1� Definitions. �For the purposes of this chapter:
���� "Aggrieved
party" means any of the following persons or entities, when aggrieved by
conduct in violation of this chapter:
���� (1)� A person who is physically present at a health
care facility whose access to or from the facility is interfered with;
���� (2)� A person whose care is disrupted by another
person's interference with a health care facility;
���� (3)� A health care facility and health care
facility employees; and
���� (4)� The owner of a health care facility or the
building or property upon which the health care facility is located.
���� "Health
care facility" or "facility" has the same meaning as in section
323D-2 and includes:
���� (1)� Any buildings or structures in which the
facility is located and any associated driveway; and
���� (2)� Common areas of the real property on which the
facility is located.
���� "Health
care facility employee" means an officer, director, employee, or agent of
a health care facility.
���� "Health
care provider" has the same meaning as in section 671-1.
���� �   -2� Interference with health care facilities
prohibited; exception. �Except as otherwise provided under federal or
state law, it shall be unlawful for any person, alone or in concert, to
intentionally, knowingly, or recklessly interfere with another person's access
to or from a health care facility or intentionally, knowingly, or recklessly
disrupt the normal functioning of a health care facility by:
���� (1)� Physically obstructing or impeding the free
passage of another person seeking to enter or depart from the facility;
���� (2)� Making or causing repeated telephone calls to
a person, including a health care facility employee or health care provider, or
a health care facility with the intent to impede access to the person's or
health care facility's telephone lines or otherwise disrupt the person's or
health care facility's activities; or
���� (3)� Threatening to inflict injury on the owners,
agents, patients, employees, or property of the health care facility.
���� �   -3� Criminal penalties.�
(a)� In addition to any
other penalties, any person who intentionally, knowingly, or recklessly
violates this part, whether alone or in concert, shall be guilty of a petty
misdemeanor and shall be punished as follows:
���� (1)� For a first offense, a fine of no less than
$250 and a term of imprisonment of at least twenty-four consecutive hours;
���� (2)� For a second offense, a fine of no less than
$750 and a term of imprisonment of at least seven consecutive days; and
���� (3)� For a third or subsequent offense, a fine of
no less than $1,000 and a term of imprisonment of no more than thirty
consecutive days.
���� (b)� A court having jurisdiction in a criminal
proceeding under this chapter shall, upon motion by an interested party, take
all reasonably necessary steps to safeguard the individual privacy of an
aggrieved party and prevent harassment of a patient, health care provider, or
health care facility employee who is a party or witness to a proceeding.
���� (c)� For the purposes of this section,
"person" means a person eighteen years of age or older.
���� �   -4� Civil remedies.� (a)� Any aggrieved party may bring a civil suit
against a person or persons who intentionally, knowingly, or recklessly
violated this chapter in the district court of the district or the circuit
court of the circuit in which the violation took place to enjoin further
violations and recover actual damages sustained.� The aggrieved party shall not be required to
allege or prove actual damages to prevail.
���� (b)� The court may, in its discretion, increase
the award of damages to an amount not to exceed $500, or $5,000 if the
aggrieved party is a health care facility, for each day of continued violation.� The court may, in its discretion and subject
to all applicable federal and state laws, regulations, and rules, issue
injunctive relief without bond.
���� (c)� In any action brought under this section, the
prevailing party shall be entitled to the recovery of costs of the suit,
including court costs and fees and reasonable attorney's fees.
���� (d)� A court having jurisdiction in a civil
proceeding under this chapter shall, upon motion by an interested party, take
all reasonably necessary steps to safeguard the individual privacy of an
aggrieved party and prevent harassment of a patient, health care provider, or
health care facility employee who is a party or witness to a proceeding.
���� (e)� The attorney general may bring an action in a
court of competent jurisdiction for appropriate injunctive or other equitable
relief against any person who is reasonably believed to violate or who is in
the course of violating this chapter.
���� �   -5� Enforcement.� Enforcement
of this chapter shall be under the concurrent jurisdiction of the attorney
general, the prosecuting attorneys or deputy prosecuting attorneys of the
various counties, and the police departments of the various counties.
���� �   -6� Remedies and penalties not exclusive.� The penalties and remedies provided in this
chapter with respect to any violation of this chapter shall not be deemed
exclusive of each other or of any other civil or criminal rights, remedies, or
penalties provided or allowed by law with respect to any violation."
���� SECTION
3.� This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
���� SECTION 4.� This Act shall take effect upon its approval.
Report Title:
Health
Care Facilities; Interference; Disruption; Criminal Penalties; Civil Remedies;
Attorney General
Description:
Prohibits
persons from interfering with another person's access to or from a health care
facility or disrupting the normal functioning of a health care facility.� Makes violations a petty misdemeanor.� Establishes a private right of action.� Authorizes the Attorney General to bring an
action for injunctive or other equitable relief.� (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.