STAND. COM. REP. NO. 842

Honolulu, Hawaii

, 2005

RE: H.B. No. 1550

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1550 entitled:

"A BILL FOR AN ACT RELATING TO STUDENTS,"

begs leave to report as follows:

The purpose of this bill is to protect the health and safety of diabetic students by allowing Department of Education (DOE) personnel to administer medication to these students in an emergency. Specifically, this bill:

(1) Authorizes DOE to permit its employees and agents to voluntarily administer medication, excluding insulin, to diabetic students in emergencies;

(2) Requires the student's parent or guardian to provide the DOE with written authorization for the emergency administration of medication;

(3) Requires DOE employees and agents who volunteer to administer medication to a diabetic student in an emergency to receive proper instruction by a qualified health professional; and

(4) Provides DOE, its personnel, and any qualified health professional who trains DOE personnel to administer medication, immunity from civil or criminal liability arising from the self-administration or emergency administration of medication, except in cases involving gross negligence, wilful and wanton misconduct, or intentional misconduct.

DOE, the Department of Health, and numerous concerned individuals testified in support of this bill. The American Diabetes Association and numerous concerned individuals supported the intent of this measure and suggested amendments. The Hawaii State Teachers Association and Consumer Lawyers of Hawaii opposed this bill.

Your Committee finds that this measure will allow properly trained DOE personnel to administer medication to diabetic students in emergencies. Additionally, the American Diabetes Association has suggested amendments limiting the scope of this bill to the emergency administration of glucagon, which is the specific medical response to a severe low blood glucose emergency. Your Committee also notes that qualified health professionals who would train DOE personnel under this measure are already subject to standards of professional conduct that preclude inclusion of these individuals under the immunity from liability provided by this bill.

Accordingly, your Committee has amended this bill by:

(1) Limiting to glucagon, the type of medication that may be administered to diabetic students by DOE personnel in an emergency;

(2) Requiring written certification from the diabetic student's physician that the student has physician's orders allowing glucagon to be administered by a volunteer;

(3) Specifying that physicians who train DOE personnel to administer glucagon in emergencies must be licensed;

(4) Removing the provision granting qualified health professionals immunity from liability arising from injuries caused by DOE personnel trained by these professionals;

(5) Adding a defective date to encourage further discussion; and

(6) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1550, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1550, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair