Report Title:

DOE; Asthma Medication; Self-Administration; Inhaler; Nebulizer

Description:

Requires the DOE to permit the self-administration of medication by a student for asthma or other potentially life-threatening illnesses. Allows a student who is permitted to self-administer medication to carry an inhaler and auto-injectable epinephrine.

HOUSE OF REPRESENTATIVES

H.B. NO.

2198

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to school health.

 

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

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§302A-A Self-administration of medication by student permitted. (a) The department shall permit the self-administration of medication by a student for asthma, anaphylaxis, or other potentially life-threatening illnesses; provided that:

(1) The student's parent or guardian shall provide the department with written authorization for the self-administration of medication;

(2) The student's parent or guardian shall provide the department with written certification from the student's physician 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;

(3) The department shall inform the student's parent or guardian in writing that the department and its employees or agents shall not incur any liability as a result of any injury arising from the self-administration of medication by the student;

(4) The student's parent or guardian shall sign a statement acknowledging that:

(A) The department and its employees or agents shall not incur any liability as a result of any injury arising from the self-administration of medication by the student; and

(B) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of the self-administration of medication by the student; and

(5) The permission shall be effective for the school year for which it is granted and shall be renewed for each subsequent school year upon the fulfillment of the requirements in paragraphs (1) through (4).

(b) Notwithstanding any other law to the contrary, a student who is permitted to self-administer medication under this section shall be permitted to carry an inhaler or auto-injectable epinephrine, or both, at all times if the student does not endanger the student's person or other persons through the misuse of the inhaler. For the purposes of this section, the term "inhaler" includes: nebulizers; metered-dose, breath-actuated, and dry powder inhalers; and spacers and holding chambers.

(c) Any person 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.

§302A-B Nebulizer required in schools. Each public school shall have and maintain for the use of its students at least one nebulizer in the office of the school health nurse or aide or in a similar accessible location.

§302A-C Rules for use of nebulizer in schools. The department of education, in consultation with the department of health, shall adopt rules under chapter 91 for the administration of asthma medication through the use of a nebulizer by the school health nurse, aide, or other person authorized by rule. The rules shall include:

(1) A requirement that each school health nurse, aide, or other person authorized to administer asthma medication shall receive training in airway management and in the use of nebulizers and inhalers consistent with nationally recognized standards, including the standards of the National Institutes of Health and the American Association of Allergy and Immunology; and

(2) A requirement that each student permitted to use asthma medication or a nebulizer shall have an asthma treatment plan prepared by the student's physician, which shall identify, at a minimum, asthma triggers, the treatment plan, and such other elements as determined by the department.

§302A-D Annual asthma education opportunities. The department shall ensure that annual asthma education opportunities are made available to school health nurses, aides, and school personnel."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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