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Hawaii Health-Care Provider and Health-Care Institutions Refusal Clause

This law was last updated on Nov 28, 2016

This law is Anti–Choice




Haw. Rev. Stat. Ann. § 327E-7




Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

Hawaii Revised Statutes section 327E-7 allows health-care providers and health-care institutions to refuse to comply with an individual health-care instruction or decision based on conscience.

A health-care institution may decline to comply with an individual instruction or health-care decision if it is contrary to a policy of the institution which is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health-care decisions for the patient.

The law, enacted in 1999, requires the refusing entity to:

  • promptly inform the patient and any person authorized to make their health-care decisions;
  • provide continuing care to the patient until a transfer can be effected; and
  • immediately make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is willing to comply with the instruction or decision.