SB830 SD2

SECTION 1. The legislature finds that in critical medical emergencies, each minute matters. Long-term injury, brain damage, and even death can occur within just a few minutes in some types of emergencies. Whether it is a student choking or a teacher experiencing cardiac arrest, help provided within four minutes, rather than eight minutes, can save a life.

The legislature further finds that while the department of education currently has basic emergency response guidance, there is a gap between the guidance provided to "administer first aid" and the training and preparedness of personnel in the case of an unforeseen critical medical emergency.

Accordingly, the purpose of this Act is to supplement the department of education's emergency procedures guide, RS 10‑0431, by requiring that each department school's administration appoint critical emergency response team members and establish procedures to respond immediately to critical medical emergencies.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III, subpart F, to be appropriately designated and to read as follows:

"§302A- Critical medical emergency response. (a) Each department school shall establish a critical emergency response team that shall consist of critical emergency response team members.

(b) On each school day, the number of critical emergency response team members at each school campus shall not be fewer than the greater of:

(1) The total number of staff and students on campus divided by fifty; or

(2) The square footage of the campus divided by five hundred.

(1) Maintain active certifications in first aid, cardiopulmonary resuscitation, and automated external defibrillator from organizations approved by the department; provided that any certification more than two years old shall not be valid for purposes of this paragraph;

(2) Respond in good faith when activated; and

(3) Participate in drills, table-top exercises, and all critical emergency response team activities in accordance with the school's existing continuous quality improvement practices and reviews.

(d) Each school shall develop a known, practiced, and maintained communication method to activate the school's critical emergency response team members, including through phone, short‑wave radio, or an intercom system, in addition to an internal incident command and activation system to provide the location of the critical medical emergency.

(e) Each school shall run not fewer than two critical medical emergency drills during each school year. The drills shall be run by an administratively-designated drill captain who shall monitor response times with a timer. All drills shall be run during a high-activity period on campus to support assessment of a real-case scenario.

(f) Any drills with a response time longer than three minutes shall require an internal table-top exercise and review, as well as a corrective action plan. If a school undergoes three or more drills resulting in a response time longer than three minutes, the school shall take corrective actions, which shall be reviewed by the appropriate complex area superintendent.

(g) Critical emergency response team member drill reports and reviews shall be published on the school's and department's website.

(h) Any person who acts in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from acts in providing a critical emergency medical response, except where the person's conduct would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct.

(i) For purposes of this section:

"Critical" means a situation in which a person is in immediate danger of loss of life, including cardiac arrest, choking, or uncontrolled bleeding.

"First aid" means lifesaving help given in a critical emergency, including providing abdominal thrusts when someone is choking, performing cardiopulmonary resuscitation when someone is unconscious and does not have a pulse, or applying pressure or a tourniquet in an uncontrolled bleeding."

SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for department schools to implement critical medical emergency response teams.

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

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	830
THIRTY-SECOND LEGISLATURE, 2023		S.D. 2
STATE OF HAWAII