STAND. COM. REP. NO. 1118-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2071

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 2071, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Beginning January 1, 2023:

(A) Require public schools, private schools, and public charter schools to have at least one employee trained to administer or assist with the self-administration of seizure rescue medication or electrical stimulation using a vagus nerve stimulator magnet, except under certain circumstances;

(B) Require all principals, guidance counselors, and teachers to perform an annual self-study review of seizure safety materials; and

(C) Require the Department of Education and public charter schools to establish a seizure action plan for every student diagnosed with a seizure disorder and distribute the plan to employees and volunteers charged with supervising or caring for the student; and

(2) Appropriate funds to the Department of Education for:

(A) Training of employees to administer or assist with the self-administration of seizure rescue medication at public schools and public charter schools; and

(B) Increasing health assistant and nurse services in public charter schools.

Your Committee received testimony in support of this measure from the State Public Charter School Commission, Hawaii Primary Care Association, Epilepsy Foundation of Hawaii, Epilepsy Foundation of America, and eleven individuals. Your Committee received comments on this measure from the Department of Budget and Finance, Department of Education, and Hawaii Association for Justice.

Your Committee finds that one study from the Centers for Disease Control and Prevention showed that students aged six to seventeen years living with epilepsy were more likely to miss eleven or more days of school, compared to students with other health concerns. Proper seizure first aid and continuity of care while students are in school is an important factor to ensure students reach their full potential with as minimal disruption to their learning environment as possible.

Your Committee further finds that the seizure action plan required by this measure would provide school personnel with important considerations, precautions, and contact information to help ensure aid is timely, tailored to the student's needs, and properly administered.

Your Committee has amended this measure by:

(1) Specifying that a student's parent or guardian must supply the school with the necessary seizure medications or vagus nerve stimulator magnet to ensure that the school has such items readily available when necessary; and

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

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2071, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2071, S.D. 1, H.D. 1, and be referred to your Committee on Education.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair