Hawaiʻi County lawmakers could ask state lawmakers to allow for traditional birthing practices, which some have said would be particularly important for the island.
The Hawaiʻi County Council is moving a measure to its top legislative priorities for the state’s 2025 session, which will be included in the Hawaiʻi State Association of Counties’ legislative package and delivered to the state Legislature.
One priority is a rule change to include the state’s licensing laws on midwifery.
The state currently requires midwives to be licensed with very limited exemptions for traditional methods. A First Circuit Court ruling in late July temporarily put an injunction on the law, allowing for Native Hawaiian cultural practitioners to practice traditional midwifery.
But the legislation the council could be asking for would change the state law to allow the practice permanently.
Hawaiʻi County Councilmember Jennifer Kagiwada said allowing customary birthing practices holds a special importance on Hawaiʻi Island.
“ This greatly affects our county, I'd say, to a greater extent than other counties, in that we have so much rural land and so many folks giving birth that are very far away from our hospitals. And so we also want to make sure that people have their native and customary practices that they can be part, legally, of their birth plan and practice,” she said.
The state law the council could support would amend Hawaiʻi's licensing structure to permit “traditional birth attendants,” student midwives, family members and others who might be able to assist in child delivery — and they could do so without a license.
The state measure that established the licensing framework included a temporary exemption for traditional birth attendants to practice without a license, but that expired last year and made their practices illegal until the July injunction.
Some of the council’s other priorities include more control over tobacco regulations, increased requirements to clean wastewater before it reaches the ocean, and cesspool conversions.
This week, the council amended the measure to add a few more legislative priorities, including some that promote food security and access.
