H.C.R. NO.














urging all hospital emergency rooms in the state to provide emergency contraception on demand to victims of sexual assault or rape.




     WHEREAS, when a victim of violent crime that results in physical injury seeks medical attention, the health care system should do everything possible to respond and administer medically necessary care; and


     WHEREAS, sexual assault, or rape, is a crime that is violent, traumatic, and the ultimate, intimate violation in which a woman loses all sense of personal control, decision-making, and dignity, and in which she is physically and psychologically ripped apart; and


     WHEREAS, healers are responsible for providing victims with information regarding procedures being followed to ease pain, information critical to decisions regarding injuries, information regarding the risks of sexually transmitted disease, and honest information about the risks of pregnancy and emergency contraception; and


     WHEREAS, according to the American College of Obstetricians and Gynecologists, the American Medical Association, and the American College of Emergency Physicians, the accepted standard of care for victims of sexual assault includes the provision of emergency contraception, if desired; and


     WHEREAS, across the nation, more than four hundred Catholic, nonprofit hospitals dispense emergency contraception to rape victims; and


     WHEREAS, under Hawaii law, a for-profit corporation would not qualify for a religious employer exemption to the requirement that employer group medical insurance policies must provide coverage for contraceptive services; and


     WHEREAS, a private nonprofit institution would meet the standard for a religious employer exemption under Hawaii law regarding contraceptives only if:


     (1)  The inculcation of religious values is the purpose of the entity;


     (2)  The organization primarily employs persons who share its religious beliefs;


     (3)  It is not staffed by public employees; and


     (4)  The entity qualifies as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code; and


     WHEREAS, rape victims and victims of sexual assault deserve the fullest and best care available according to the standards set by the American College of Obstetricians and Gynecologists and other professional medical groups; now, therefore,


     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, in order to assure that victims of rape and sexual assault receive the fullest and best care available, urges all hospital emergency rooms in the State to adhere to the accepted standard of care for victims of rape and sexual assault, including the administration of emergency contraception without delay and without adding insult to injury by requiring patient transfer to another institution; and


     BE IT FURTHER RESOLVED that all hospitals in the State are urged to ensure that all hospital emergency personnel are properly trained in handling the special needs of rape victims including the education and provision of emergency contraceptive services; and


     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of Health.









Report Title: 

Hospitals; Sexual Assault; Emergency Contraception