port Title:

DOE; Students; Medication

Description:

Authorizes DOE to permit its employees and agents to administer medication, excluding insulin, to diabetic students in an emergency; establishes that DOE is not liable for any injury from self-administered or emergency administered medication of students.

HOUSE OF REPRESENTATIVES

H.B. NO.

1550

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to students.

 

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 department shall permit [the]:

(1) The self-administration of medication by a student for asthma, anaphylaxis, or other potentially life-threatening illnesses; [provided that:] and

(2) Department employees and agents to volunteer to administer medication, excluding insulin, in an emergency situation to students with diabetes.

[(1)] (b) The student's parent or guardian shall provide the department with [written]:

(1) Written authorization for the self-administration or emergency administration of medication;

(2) [The student's parent or guardian shall provide the department with written] In the case of self-administration of medication, written certification from the student's physician 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;

[(3)] (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 [the self-administration of medication by the student;] compliance with this section.

[(4)] (d) The student's parent or guardian shall sign a statement acknowledging that:

[(A)] (1) The department and its employees or agents shall not incur any liability as a result of any injury arising from [the self-administration of medication by the student;] compliance with this section; and

[(B)] (2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of [the self-administration of medication by the student;] compliance with this section; and

[(5)] (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 [paragraphs (1) through (4).] this section.

[(b)] (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 medication in an emergency situation to a student with diabetes shall receive instruction in the proper administration of the medication by a qualified health professional. A "qualified health professional" means a physician, certified diabetes educator, physician's assistant, advanced practice registered nurse, or registered nurse. The student's parent or guardian shall supply the school with the medication and supplies required to administer the medication. The school shall store the medication and supplies in a secure but accessible location.

[(c)] (h) Any person who acts in accordance with the requirements of this section, including any qualified health professional providing the training required in subsection (g), 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."

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.

INTRODUCED BY:

_____________________________