Medical Malpractice Sanctuary Proposed in Hawaii

The Libertarian Party of Hawaii opposes SB2868 & HB1875. It explicitly expands the exact same statutory shield framework enacted in Act 2 (SLH 2023) to protect “lawful reproductive health care services.” That Reproductive Health Protection Act was passed to shield providers and patients from out-of-state liability after Dobbs. This bill simply inserts “gender-affirming health care services” into the identical protections. It covers everything from malpractice immunity and insurance mandates to restrictions on record disclosure. It also adds new “protections against abusive litigation” that apply equally to both reproductive-health providers and gender-affirming-care providers.

We reject this on principle.

Bundling the two issues in this way is not neutral protection of bodily autonomy; it is the opposite. It uses the reproductive-care shield as a Trojan horse to grant one side of a separate, highly contested medical debate. It grants special immunity from market consequences, patient lawsuits, and parental oversight, especially when minors are involved. We do not support the government tilting the scales by carving out privileged classes of providers and procedures.

Libertarians champion individual liberty, bodily autonomy, and personal responsibility. Adults have the absolute right to make their own medical decisions. Parents have the fundamental right to direct the upbringing and medical care of their minor children. The government has no business inserting itself into the doctor-patient-parent relationship to grant one side special legal armor while leaving patients, families, and dissenting providers exposed.

This is the opposite of protecting autonomy. 

It distorts the private insurance market by forbidding carriers from underwriting risk according to their own actuarial judgment. It shields providers from legitimate malpractice claims, even when experimental or irreversible interventions are performed. Let science, ethics, and informed consent prevail. 

We already support genuine bodily-autonomy legislation such as HB2512 and HB2199, which protect every individual’s right to refuse or choose medical interventions without coercion. HB1875 is not that bill. It is the opposite: it protects providers from patients. 

The smallest minority on earth is the individual. 

When the government begins carving out protected classes of providers and procedures, it ceases to be a neutral referee and becomes an active participant in harming the individuals it claims to “protect.” We have seen this pattern before. Special protections quickly become mandates, and mandates quickly become censorship of dissenting medical choices.

Help Us Prevent Hawaii from becoming a bigger Medical Malpractice Sanctuary

The next hearing will be held on April 07, 2026 at 10:15am HST for the House Bill.

• Read the bills’ summaries & text: SB2868 & HB1875.

• Follow these simple steps to track and testify

  
  

• Call your representatives. and ask them kill SB2868 & HB1875, the “Medical Malpractice Sanctuary Bill”

• Share this post far & wide.

  
  

• Contact us for more information and tailored advice.

  
  

Thank you for helping us uphold libertarian principles and OPPOSE SB2868 & HB1875

Keep the Momentum Going

Donate (one-time or monthly) to support out legislative activism and grow our list of initiatives.

Become an Official Member