HawaiiHB 11942025–2026 Regular Session (Year 1)HouseWALLET

RELATING TO MIDWIVES.

Sponsored By: Linda Ichiyama (Democratic)

Became Law

Summary

Makes laws regulating midwives and the practice of midwifery permanent. Clarifies the scope of practice of midwifery. Establishes licensure requirements for certified midwives and certified professional midwives. Establishes continuing education requirements. Grants global signature authority to midwives. Grants prescriptive authority to licensed midwives practicing as certified midwives and amends the list of approved legend drugs that may be administered by midwives. Establishes peer review and data submission requirements. Affirms that the practice of midwifery does not include Native Hawaiian traditional and customary practices. Clarifies exemptions from licensure and grounds for refusal to grant, renew, reinstate, or restore licenses or for revocation, suspension, denial, or condition of a license. Clarifies medical record availability and retention requirements for the purposes of medical torts. (SD3)

MidwivesPractice of MidwiferyScope of PracticeNative Hawaiian and Customary PracticesCertified MidwivesCertified Professional MidwivesLicensureRequirementsLicense RenewalPrescriptive AuthorityPeer ReviewData SubmissionMedical RecordsHHS, CPN/JDC

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 2 costs, 4 mixed.

Uninsured midwives must report settlements

A midwife without professional liability insurance must report certain signed settlements or served arbitration awards to the director within 30 days. The claim must involve a death or personal injury allegedly caused by professional conduct. A first failure to report brings a fine of at least $100; later fines range from $250 to $500 for a second offense and $500 to $1,000 for later offenses.

New training rules for midwife licenses

Applicants for certified midwife licenses need current certification, an approved graduate degree, and 30 hours of advanced pharmacology training. Certified professional midwife applicants need current certification and approved education or a qualifying bridge certificate. All applicants need current hands-on adult and pediatric CPR and neonatal resuscitation certifications. The director can take licensing action for specified failures, including missing certifications or aiding unlicensed practice; delegating administrative and technical tasks alone does not count as aiding unlicensed practice.

Midwives can provide broader care

The law defines midwifery care to include pregnancy, birth, postpartum care, healthy newborn care, and reproductive services. Midwives must refer or transfer clients whose needs exceed their scope, and call 911 when they find an immediate risk of serious harm at a birth site without a physician or operating room. Patients can invite someone to attend a birth outside a birth facility, and midwives can sign certain health forms. The law defines postpartum as ending six weeks after birth, down from up to eight weeks.

More medicine access through midwives

Licensed certified midwives can prescribe approved medicines and provide or order suitable devices. They need state registration to prescribe or give controlled substances, and they cannot use approved drugs to start or strengthen labor. Certified professional midwives cannot prescribe, but they can carry out certain orders from listed licensed clinicians. Pharmacists who follow the law are not liable for covered adverse reactions caused by a midwife’s use of those drugs or devices.

Hawaii keeps midwife licensing rules

Hawaii’s midwife licensing rules stay in force; the law removes the scheduled June 30, 2025 repeal. Some professionals, supervised students, Native Hawaiian traditional practitioners, emergency helpers, and family caregivers remain exempt from the chapter. The law removes the former exemption for birth attendants who began practice on or before July 1, 2023, and states that the chapter creates no criminal penalty. Licensed midwives and their employees also count as health care providers for a state statutory definition.

Midwives face new renewal duties

Midwives renew licenses every three years by June 30, pay fees, keep required certifications current, and complete continuing education. Starting July 1, 2026, they need 30 education hours from the prior three years, with added subject requirements for each license type. Starting June 30, 2029, renewal also requires peer review, generally covering five cases; some serious cases must be reviewed within 90 days. The department can require data about births planned outside birth facilities, and these reviews and reports add oversight as well as work for licensees.

Sponsors & Cosponsors

Sponsor

  • Linda Ichiyama

    Democratic • House

Cosponsors

  • Lisa Marten

    Democratic • House

  • Scot Z. Matayoshi

    Democratic • House

  • Gregg Takayama

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 170 • No: 49

House vote • 4/14/2025

House Floor Vote

Yes: 35 • No: 16

Senate vote • 4/10/2025

Senate Floor Vote

Yes: 20 • No: 4

Senate vote • 4/1/2025

The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 4 • No: 1

Senate vote • 4/1/2025

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 3 • No: 2

Senate vote • 3/17/2025

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENT...

Yes: 5 • No: 0

House vote • 3/4/2025

House Floor Vote

Yes: 34 • No: 15

House vote • 2/26/2025

The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 12 • No: 3

House vote • 2/14/2025

Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN...

Yes: 42 • No: 5

House vote • 2/10/2025

The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 8 • No: 1

House vote • 2/10/2025

The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The ...

Yes: 7 • No: 2

Actions Timeline

  1. Became law without the Governor's signature, Act 028, 05/05/2025, (Gov. Msg. No. 1128).

    5/5/2025Senate
  2. Became law without the Governor's signature, Act 028, 05/02/2025, (Gov. Msg. No. 1128).

    5/2/2025House
  3. Received notice of House agreement and passage on Final Reading (Hse. Com. No. 730).

    4/15/2025Senate
  4. Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 714).

    4/14/2025Senate
  5. House agrees to Senate amendment(s).

    4/14/2025House
  6. Passed Final Reading as amended in SD 3 with none voting aye with reservations; Representative(s) Alcos, Amato, Belatti, Cochran, Garcia, Grandinetti, Hussey, Iwamoto, Matsumoto, Muraoka, Perruso, Pierick, Poepoe, Reyes Oda, Shimizu, Souza voting no (16) and none excused (0).

    4/14/2025House
  7. Transmitted to Governor.

    4/14/2025House
  8. Received notice of disagreement (Hse. Com. No. 705).

    4/11/2025Senate
  9. Reconsideration of action taken on 04-10-25.

    4/11/2025House
  10. Passed Third Reading, as amended (SD 3). Ayes, 20; Aye(s) with reservations: Senator(s) Ihara, Richards. Noes, 4 (Senator(s) Awa, DeCorte, Gabbard, McKelvey). Excused, 1 (Senator(s) Fevella). Transmitted to House.

    4/10/2025Senate
  11. Returned from Senate (Sen. Com. No. 777) in amended form (SD 3).

    4/10/2025House
  12. House disagrees with Senate amendment (s).

    4/10/2025House
  13. Floor Amendment No. 8 offered.

    4/8/2025Senate
  14. Floor amendment adopted as amended (SD 3). Ayes, 23. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none).

    4/8/2025Senate
  15. Separated Committee Report.

    4/8/2025Senate
  16. Report filed.

    4/8/2025Senate
  17. 48 Hrs. Notice 04-10-25

    4/8/2025Senate
  18. Reported from CPN/JDC (Stand. Com. Rep. No. 1738) with recommendation of passage on Third Reading, as amended (SD 2).

    4/4/2025Senate
  19. 48 Hrs. Notice 04-08-25.

    4/4/2025Senate
  20. The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Richards; Aye(s) with reservations: Senator(s) McKelvey ; 1 No(es): Senator(s) Awa; and 0 Excused: none.

    4/1/2025Senate
  21. The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 2 No(es): Senator(s) Gabbard, Awa; and 0 Excused: none.

    4/1/2025Senate
  22. The committee(s) on CPN/JDC will hold a public decision making on 04-01-25 9:30AM; Conference Room 016 & Videoconference.

    3/24/2025Senate
  23. Reported from HHS (Stand. Com. Rep. No. 1286) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/JDC.

    3/21/2025Senate
  24. Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/JDC.

    3/21/2025Senate
  25. The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

    3/17/2025Senate

Bill Text

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