HAW. REV. STAT. § 453-16 (Supp. 1971). The statute prohibited “abortion” unless
the procedure was performed by a licensed physician or surgeon, or a licensed
osteopathic physician and surgeon, in a hospital licensed by the Hawaii Department
of Health or operated by the federal government or an agency thereof. See §§ 453-16(a)(1),
-(2). The statute also imposed a residency requirement. See § 453-16(a)(3).
The term “abortion,” however, was limited to the intentional termination
of a pregnancy of a “nonviable fetus.” See § 453-16(b) (emphasis
added). As a result, the “prohibition” set forth in the first sentence
of the statute did not prohibit (and does not prohibit) any abortion of a viable
Id. § 453-16
No. 1242 H.D. 1, 2006 Haw. Sess. Laws Act 35 (signed April 26, 2006).