STAND. COM. REP. NO. 321
Honolulu, Hawaii
, 2005
RE: H.B. No. 1550
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Education, 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 ensure that emergency care is available to students with diabetes. Among other things, this bill:
(1) Authorizes the Department of Education (DOE) to permit its employees and agents to voluntarily administer medication, excluding insulin, to diabetic students in an emergency;
(2) Requires that DOE personnel who volunteer to administer medication receive proper instruction; and
(3) Relieves DOE from liability for any injury resulting from the self-administration or emergency administration of medication.
DOE, the Hawaii Association of Diabetes Educators, and several concerned individuals testified in support of this bill. Two concerned individuals supported the intent of this measure. The American Diabetes Association and a concerned individual supported the intent of this bill with amendments. The Hawaii State Teachers Association and Consumer Lawyers of Hawaii opposed this measure.
Your Committee notes that concerns have been raised regarding issues of liability raised by this measure. Your Committee respectfully requests that your Committee on Judiciary study these issues, and consider the amendments recommended by the American Diabetes Association to limit the scope of this measure to the administration of Glucagon to students with diabetes, as follows:
(1) Replace all instances of "medication" with "Glucagon", a specific emergency response to hypoglycemia;
(2) Replace "medication and supplies" with "Glucagon kit"; and
(3) Delete any reference to insulin.
As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1550 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Education,
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____________________________ ROY TAKUMI, Chair |
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