(a) Any hospital at which a female sexual assault victim presents for emergency services shall:

Terms Used In Hawaii Revised Statutes 321-512

  • Department: means the department of health unless otherwise specified in this part. See Hawaii Revised Statutes 321-511
  • Emergency contraception: means one or more prescription drugs used separately or in combination that are:

    (1) Used postcoitally within a recommended amount of time;

    (2) Used for the purposes of preventing pregnancy; and

    (3) Approved by the United States Food and Drug Administration. See Hawaii Revised Statutes 321-511

  • Hospital: means any institution with an organized medical staff, regulated under sections 321-11(10) and 321-14. See Hawaii Revised Statutes 321-511
  • Sexual assault: means vaginal penetration without the person's consent, by compulsion or strong compulsion. See Hawaii Revised Statutes 321-511
  • Sexual assault victim: means a person who alleges or is alleged to have been sexually assaulted and as a result of the sexual assault presents as a patient at a hospital. See Hawaii Revised Statutes 321-511
(1) Provide any female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception;
(2) Orally inform each female sexual assault victim of the option to receive emergency contraception at the hospital;
(3) When medically indicated, offer emergency contraception to each female sexual assault victim;
(4) Dispense a complete course of emergency contraception to each female sexual assault victim who accepts or requests it; and
(5) Ensure that providers who may prescribe or administer emergency contraception shall be trained to provide a female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception and sexual assault treatment options and access to emergency contraception.
(b) No hospital shall deny a female sexual assault victim emergency contraception based on a refusal to undergo a forensic examination or a refusal to report the alleged sexual assault to law enforcement.
(c) No hospital shall be required to dispense emergency contraception to a female sexual assault victim who has been determined to be pregnant through the administration by the hospital staff of a pregnancy test approved by the United States Food and Drug Administration.
(d) If private insurance is not or cannot be utilized for payment, the cost of any emergency contraception dispensed pursuant to this part shall be paid by the department of human services.

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