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HomeMy WebLinkAboutRES 026 Draft 01 2024-2026A RESOLUTION URGING THE HAWAI‘I STATE LEGISLATURE TO AMEND CHAPTER 457J, HAWAI‘I REVISED STATUTES, RELATING TO MIDWIVES, TO PERMANENTLY EXEMPT BIRTH ATTENDANTS FROM STATE LICENSURE REQUIREMENTS AND TO EXPAND THE ELIGIBILITY CRITERIA FOR MIDWIFERY LICENSURE. WHEREAS, midwifery is one of the oldest women’s rights issues in history, and a woman’s right to choose where to give birth and who they want as their preferred birth attendant are integral to providing safety, care, bodily autonomy, and comfort during birth; and WHEREAS, Act 32 (Senate Bill No. 1033, SD2, HD2), relating to the licensure of midwives, was signed into law on April 30, 2019; and WHEREAS, Section 457J-6, Hawai‘i Revised Statutes, established by Act 32, provides an exemption that allows birth attendants to practice midwifery without State licensure, however this exemption expired on July 1, 2023; and WHEREAS, Act 32 specifically states that by the end of the three-year period, the Hawai‘i State Legislature intends to enact statutes that will incorporate all birth practitioners and allow them to practice to the fullest extent under the law; and WHEREAS, if the Hawai‘i State Legislature fails to take action before this exemption expires, traditional and indigenous midwifery practices will be at risk of criminality or, worse, cultural erasure, and the traditional birthing practices of all cultures deserve protection; and WHEREAS, additionally, Act 32 inadvertently omitted a category of Certified Professional Midwives, or CPMs, who have been trained and certified using the Portfolio Evaluation Process (PEP), which is one of two pathways to obtain a professional midwife certification through the nationally recognized North American Registry of Midwives; and WHEREAS, the second pathway to become a CPM is to complete a course study at a Midwifery Education Accreditation Council school, but there are currently no accredited schools in Hawai‘i, therefore, the PEP pathway is the more accessible way for midwifery students in the State to obtain certification as a CPM; and WHEREAS, expanding the eligibility criteria in Section 457J-8, Hawai‘i Revised Statutes, to allow CPMs certified through the PEP pathway to be licensed, will greatly benefit families throughout Hawai‘i County, especially in rural areas like Kohala, Puna, Ka‘ū, and South Kona, where families have limited access to birth facilities and have depended on traditionally-trained birth attendants for decades; and WHEREAS, a proposed State bill attached as Exhibit “A” was approved as part of the Hawai‘i County Council Legislative Proposals and Priorities to be considered for inclusion in the 2025 Hawai‘i State Association of Counties Legislative Package in Resolution 630-24, Draft 2; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that the Hawai‘i State Legislature is urged to amend Chapter 457J, Hawai‘i Revised Statutes, to permanently exempt birth attendants from State licensure requirements and to expand the licensure eligibility criteria to include all Certified Professional Midwives, including those who have been certified via the Portfolio Evaluation Process pathway. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Josh Green, M.D., Governor, State of Hawai‘i; all members of the Hawai‘i State Legislature; the Honorable C. Kimo Alameda, Mayor, County of Hawai‘i; the Hawai‘i State Commission on the Status of Women; and the Hawai‘i County Committee on the Status of Women. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   GALIMBA       HUSTACE       I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA       KAGIWADA       KĀNEALI‘I-KLEINFELDER       KIERKIEWICZ      ATTEST: KIMBALL       ONISHI       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.