Native Hawaiian midwives no longer face jail time for practicing without a license and according to their traditional practices.
On October 15, the State of Hawaii filed joint determination and settlement with a group of midwives and students, closing a lawsuit filed last year over a law that made it a crime to provide pregnancy or birth care without a state license. The law, that 2019 is over but which came into full effect in July 2023 also prevented students from learning through apprenticeships or traditional pathways.
The lawsuit prompted the Hawaii Legislature to withdraw many of these obstetric restrictions this year with House Bill 1194which regulates the midwifery profession, eliminates criminal penalties and protects traditional Hawaiian practices.
Under the new law, those who violate permit requirements are now subject to civil offenses punishable by fines – up to $1,000 – instead of criminal offenses resulting in jail time. The law clarifies that Native Hawaiian traditional and customary practices are protected by the state constitution and are therefore exempt from laws regulating the practice of midwifery.
The settlement adds additional protections, according to attorneys representing the plaintiffs.
“There is more work to be done to strengthen protections for midwives in Hawaii and to address the massive maternal health crisis in the U.S.,” Rachana Desai Martin, U.S. program chief at the Center for Reproductive Rights, said in a news release. The center, along with the Native Hawaiian Legal Corporation and the law firm Perkins Coie, represented nine plaintiffs, including six midwives and student midwives. “But thanks to the tireless work of our prosecutors and defense attorneys, Hawaiian traditional birth attendants do not have to fear being thrown in jail for their work.”
According to the settlement, “there are no criminal penalties for practicing midwifery without a license.”
The provision also allows students to train locally instead of traveling to the continental US
Hawaiian midwives say repealing these laws should lead to expanded obstetric care in a state with extremely limited options for pregnancy care.
Like the Honolulu Civil Beat has reportedpregnant Hawaiians in rural communities are being advised to move to Honolulu in the weeks before giving birth, which can lead to loneliness, family separation and onerous costs.
According to one KFF report 2024According to KFF, Native Hawaiian or Pacific Islanders are more likely to die during or after pregnancy than any other racial or ethnic group in the US. According to KFF, they are also four times more likely than white women to not receive prenatal care until the third trimester, if at all.
Maui-Ball electrical drawings must be your own told local TV station KHON2 she had stopped practicing after twenty years when the restrictions came into effect.
“We finally have a way to protect and pass on our sacred practices,” she said. “I can continue to serve my community with the compassionate, culturally informed care they deserve.”
This article is republished from News from the United Statespart of States Newsroom. Read the original story reported by Sofia Resnick, here.
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