Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Education and Military Affairs and Health, to which was referred H.B. No. 1550, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the Department of Education employees and agents to administer glucagon to diabetic students in an emergency and releases them from liability for any injury from the emergency administration.

Testimony in support of the measure was submitted by the Department of Education, Department of Health, Kaiser Permanente, Hawaii Association of Diabetes Educators, American Diabetes Association, Tripler Army Medical Center Children with Diabetes Support Group, and two individuals. Comments were submitted by the Hawaii State Teachers Association, Hawaii Government Employees Association, and Consumer Lawyers of Hawaii.

Your Committees find that students with Type I diabetes can have severe low blood sugar that can result in unconsciousness or seizures. If untreated promptly, the results can bring the rapid onset of brain damage or death. The recommended treatment is to administer glucagon while waiting for emergency medication personnel. Unfortunately, public health nurses are not on school grounds during all school hours. Thus, it is of critical importance that there is staff prepared to respond appropriately to administer the glucagon to students with diabetes.

This measure authorizes Department of Education personnel to volunteer to perform this critical treatment and encourages the volunteers by removing their liability when acting in these emergency situations. Furthermore, it is the intent of your Committees that this measure applies to all public schools including charter schools.

Your Committees have amended this measure by clarifying that qualified health care professionals are not exempt for liability and changing the effective date to July 1, 2005.

As affirmed by the records of votes of the members of your Committees on Education and Military Affairs and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1550, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1550, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.