HOUSE OF REPRESENTATIVES	H.B. NO.	1777
TWENTY-SEVENTH LEGISLATURE, 2014		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 302A-1164, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) and (b) to read:

     "(a)  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[.] or administer auto-injectable epinephrine in an emergency situation to students with anaphylaxis.

(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 auto-injectable 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[,] or epinephrine to a student with anaphylaxis, written certification from the student's physician or physician assistant stating that the student has medical orders that glucagon or epinephrine may be administered by a volunteer."

     2.  By amending subsections (g) and (h) to read:

     "(g)  [Any] The department of health shall provide proper instruction and training to every 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.] or to administer epinephrine in an emergency situation to a student with anaphylaxis.  The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon[.] or with injectable epinephrine supplies to administer epinephrine.  The school shall store the glucagon kit or epinephrine kit in a secure but accessible location.

     (h)  Any person, except for a [qualified health care professional] a representative of the department of health providing the training required in subsection (g), 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."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $            or so much thereof as may be necessary for fiscal year 2014-2015 for the department of education to contract with the department of health for instruction, training, and related expenses required for compliance with this Act.

     The sum appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2014.

Report Title:

Education; Administration of Epinephrine; Department of Health; Appropriation

Description:

Authorizes Department of Education employees and agents with specified training to volunteer to administer epinephrine to a student with anaphylaxis.  Requires training to be conducted by the Department of Health.  Amends training requirement for the emergency administration of glucagon.  Effective July 1, 2014. (HB1777 HD1)

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