STAND. COM. REP. NO. 2219

Honolulu, Hawaii

RE:    S.B. No. 2422

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Education and Health, to which was referred S.B. No. 2422 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow Department of Education employees and agents to volunteer to administer epinephrine to a student in anaphylactic shock;

     (2)  Require the Department of Health to provide proper instruction and training to every employee or agent who volunteers to administer glucagon or epinephrine;

     (3)  Require a student's parent or guardian to provide the Department of Education with written authorization for auto-injectable epinephrine and to supply auto-injectable epinephrine supplies to administer the epinephrine; and

     (4)  Make an appropriation for required instruction, training, and related expenses.

     Your Committees received testimony in support of this measure from the Department of Education; Department of Health; Hawaii Disability Rights Center; Special Education Advisory Council; Community Children's Councils; Mylan, Inc.; and Witt Counseling Services.  Your Committees received testimony in opposition to this measure from the Hawaii Association for Justice and one individual.

     Your Committees find that this measure is necessary to clarify that Department of Education employees and agents may volunteer to administer epinephrine to a student in anaphylactic shock.

     Your Committees further find that it is imperative that Department of Education employees and agents who volunteer to administer epinephrine to a student in anaphylactic shock are given proper instruction on the administration of epinephrine.

     Your Committees have amended this measure by:

     (1)  Removing the requirement that the Department of Health provide instruction and training to Department of Education employees and agents who volunteer to administer glucagon and epinephrine;

     (2)  Inserting language requiring the Department of Education employees and agents who volunteer to administer glucagon and epinephrine to receive instruction by a qualified health care professional overseen by the Department of Health;

     (3)  Reinserting the definition of a "qualified health care professional";

     (4)  Inserting an appropriation amount of $350,000 to the Department of Education;

     (5)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Education and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2422, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2422, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Health,

____________________________ JOSH GREEN, Chair

____________________________ JILL N. TOKUDA, Chair