Hawaii settlement ends penalties for midwives

Hawaii reached a legal settlement this week with midwives and students that ends criminal penalties for midwifery care, according to reporting by News From the States. The settlement resolves a lawsuit over restrictions that had threatened practitioners with jail.

The Hawaii Legislature passed House Bill 1194 after the lawsuit was filed. State law now repeals many restrictions, removes criminal penalties, protects Native Hawaiian practices and allows students to train locally through apprenticeships. Licensing violations now bring civil fines instead of jail time.

The settlement, finalized Oct 15, adds constitutional protections for traditional Native Hawaiian midwifery. Advocates say that ending the criminal law should expand access to midwifery in Hawaii, where rural residents often face travel and added costs to give birth in Honolulu. A KFF report says Native Hawaiian and Pacific Islander people have the highest risk for pregnancy-related deaths in the U.S. Maui-based midwife Ki‘inaniokalani Kaho‘ohanohano was quoted as saying, “We finally have a way forward to protect and pass down our sacred practices.”