As state lawmakers prep for the start of Hawaii’s 30th Legislature, which will convene in a few weeks, several laws advanced during last year’s session took effect Tuesday. Some are seemingly straightforward measures, such as one that bans employers from asking job applicants about their salary history.
Others, such as the “Our Care, Our Choice” Act, which capped a decades-long debate on whether to legalize medical aid in dying here, are far from open-and-shut matters. Lawmakers and communities throughout the islands should continue the discussion on the merits of the law and how to best implement it.
Elsewhere in the nation, nearly two-thirds of states have contemplated legalizing medical aid in dying, which used to be commonly known as physician-assisted suicide, but only six have legalized it.
The states’ laws limit this optional path to those deemed to be within months of death from terminal illness. This is not suicide, supporters say, because death is shortly to be inevitable, and the drug serves as a compassionate ease to that end. Opponents counter there’s no way to know when death will come, and such a practice collides with a doctor’s do-no-harm oath. With Hawaii’s law now in place, our lawmakers and the governor have a duty to carefully monitor its consequences.
In an effort to establish safeguards against potential abuse or fatal mistakes, the law, which permits terminally ill adult residents with six months or less to live, to obtain a prescription for medication to end their lives, is rightly tethered to strict guidelines.
The prescription hinges on two doctors confirming the terminal illness and six-month prognosis as well as deeming the patient mentally capable and able to take the medication on his or her own. Also required is a written request overseen by two witnesses, one of whom is prohibited from being a beneficiary of the patient’s estate.
With this path now open, the state Health Department and health care organizations must work in tandem to make sure patients and their families clearly understand the range and scope of options, which also include palliative and hospice care.
ANOTHER NEW LAW that’s sure to touch off more debate is a ban on chlorpyrifos, a widely used insecticide. The Legislature deserves kudos for being bold enough to push forward this first-in-the-nation measure. But real success will be in the follow-up, confirming that the law makes good on intent.
Chlorpyrifos has been banned from consumer products for more than 15 years, and studies suggest it can impair cognitive development in children. Under the Trump administration, the Environmental Protection Agency reversed an Obama-era effort to effectively end its use.
That reversal rightly prompted Hawaii lawmakers to move forward with the ban, although special permits will allow continued use until 2022. The law also creates 100-foot buffer zones around schools.
Supporters point to studies that have found that any exposure on foods, in drinking water, and from pesticide drift is unsafe. Some opponents say as long as EPA policy stands, they should not be forced to pour money into other pest-control options.
The weighing of pros and cons will continue locally and at the national level, since U.S. Sen. Brian Schatz recently introduced a bill that would initially prohibit chlorpyrifos use near schools, and follow up with a complete ban on sales and distribution.
AMONG Hawaii’s new laws expected to be less complicated is a laudable one banning employers from asking about an applicant’s prior wages, benefits or other forms of compensation. However, if an applicant voluntarily discloses salary history, that information can be used in consideration of setting compensation.
This law holds potential to help close Hawaii’s gender wage gap, which in recent years has been tagged at 16 cents on the dollar. It’s apparent that employer ability to consider an applicant’s previous salary history contributes to this inequity. Salaries should be set by job qualification, not by past earnings.
Finally, among a group of 2018 measures that became law without Gov. David Ige’s signature is one that changes the rules of the road to allow motorcyclists to drive in the shoulder lane in designated areas, and another that fines people fraudulently representing their pets as service dogs.
Under the roadway measure, the state Transportation Department can designate areas of state roads that would allow motorcyclists in shoulder lanes. While Ige has expressed concerns over road safety, the law is due a test-drive as it could alleviate a bit of chronic traffic congestion.
Hawaii is now among more than a dozen states with laws that aim to curb a trend in fake service animals. The law is wholly well-intended, but will be difficult to enforce due to various Americans with Disabilities Act requirements. Even without teeth, though, the measure spotlights the issue, creating opportunities to further educate the public on what qualifies as a legit “service dog.”
