Bill Text: HI SB2017 | 2014 | Regular Session | Introduced
Bill Title: Student Health and Safety; Anaphylaxis; Emergency Administration of Epinephrine
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-01-15 - Referred to HTH/EDU, WAM. [SB2017 Detail]
Download: Hawaii-2014-SB2017-Introduced.html
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THE SENATE |
S.B. NO. |
2017 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to student health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-1164, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1164 Self-administration of
medication by student and emergency administration permitted. (a) [The]
In accordance with this section, the department shall permit:
(1) The self-administration of medication by a
student for asthma, anaphylaxis, or other potentially life‑threatening
illnesses; [and]
(2) Department employees and agents to volunteer to
administer glucagon in an emergency situation to students with diabetes[.];
and
(3) Department employees and agents to volunteer to administer epinephrine in an emergency situation to a student that the employee or agent believes in good faith to be having an anaphylactic reaction.
(b) The student's parent or guardian shall provide the department with:
(1) Written authorization for the self-administration
of medication or the emergency administration of glucagon[;] or
epinephrine;
(2) In the case of self‑administration of medication, written certification from the student's physician or physician assistant stating that the student:
(A) Has asthma, anaphylaxis, or another potentially life-threatening illness; and
(B) Is capable of, and has been instructed in,
the proper method of self-administration of medication; [and]
(3) In the case of emergency administration of glucagon
to a student with diabetes, written certification from the student's physician
or physician assistant stating that the student has medical orders that
glucagon may be administered by a volunteer[.]; and
(4) In the case of emergency administration of epinephrine to a student with anaphylaxis, written certification from the student's physician or physician assistant stating that epinephrine may be administered to the student by a volunteer.
(c) The department shall inform the student's parent or guardian in writing that the department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section.
(d) The student's parent or guardian shall sign a statement acknowledging that:
(1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and
(2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section.
(e) The permission shall be effective for the school year for which it is granted and shall be renewed for each subsequent school year upon the fulfillment of the requirements in this section.
(f) Notwithstanding any other law to the contrary, a student who is permitted to self-administer medication under this section shall be permitted to carry an inhaler or auto‑injectable epinephrine, or both, at all times if the student does not endanger the student's person or other persons through the misuse of the inhaler; provided that the department, its employees or agents may confiscate a student's medication, inhaler, or auto-injectable epinephrine if the student's self‑administration of the medication exceeds the student's prescribed dosage, or if the student endangers others with the student's medication, inhaler, or auto-injectable epinephrine.
For the purposes of this section, the term "inhaler" includes:
(1) Metered-dose, breath-actuated, and dry powder inhalers; and
(2) Spacers and holding chambers.
(g) Any employee or agent who volunteers to
administer glucagon in an emergency situation to a student with diabetes shall
receive instruction in the proper administration of glucagon by a qualified health
care professional. [A "qualified health care professional" means
a licensed physician, physician assistant, advanced practice registered nurse
or registered nurse, or certified diabetes educator.] The student's parent
or guardian shall supply the school with the glucagon kit required to
administer the glucagon. The school shall store the glucagon kit in a secure
but accessible location.
(h) Any employee or agent who volunteers to administer epinephrine in an emergency situation to a student with anaphylaxis shall receive instruction in the proper administration of epinephrine by a qualified health care professional. The school shall maintain a current supply of auto‑injectable epinephrine in at least two secure locations that are accessible to department employees and agents; provided that:
(1) The auto‑injectable epinephrine shall not be stored in a locked container or location; and
(2) The school's supply of auto-injectable epinephrine shall include quantities sufficient to accommodate students with unknown allergic conditions.
[(h)] (i) Any person, except for
a qualified health care professional providing the training required in
subsection (g)[,] or (h), who acts in accordance with the
requirements of this section shall be immune from any civil or criminal
liability arising from these acts, except where the person's conduct would
constitute gross negligence, wilful and wanton misconduct, or intentional
misconduct.
(j) For the purposes of this section, "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Student Health and Safety; Anaphylaxis; Emergency Administration of Epinephrine
Description:
Authorizes trained school personnel to administer epinephrine to a student believed to be having an anaphylactic emergency, with the written authorization of the student's parent or guardian and medical certification that epinephrine may be administered to the student. Requires schools to maintain a supply of epinephrine for anaphylactic emergencies.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
