HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature reaffirms that it is in the general welfare of the State to protect, preserve, care for, and improve the physical and mental health of Hawaii's children by making available at the public schools first aid and emergency care, preventive health care, health appraisals and follow-ups, and health room facilities. For those purposes, the department of education is authorized to establish a statewide school health services program. The purpose of this Act is to provide the department flexibility in administering and implementing the health services program.
SECTION 2. Section 302A-853, Hawaii Revised Statutes, is amended to read as follows:
§302A-853[ ] Department implementation .]
Administration of medication. [ The department shall implement
this program with the present health services now provided to those schools under
the pilot project established under Act 130, Session Laws of Hawaii 1970, to each
public school, and further provide the necessary number of health aides to serve
each public school. The department may provide health-related screening services
at each public school.] School health aides may assist students by administering
oral and topical medication, and in emergency situations, other premeasured medication;
(1) If the student receiving the medication is a minor, a parent or guardian requests and authorizes the administration of medication;
(2) The medication has been prescribed by a licensed physician, as defined in section 334-1, or by a practitioner with prescriptive authority;
(3) The administration of the medication is [
the approval of] based on a nursing assessment and consultation with
the department of health; and
(4) The administration of the medication is necessary
for the health of the student and [
for the student's attendance at] readiness
for the student to learn in school."
SECTION 3. Section 302A-854, Hawaii Revised Statutes, is amended to read as follows:
§302A-854[ ]] School health
aides[ .]; compensation. All full-time school health aides employed
in the department shall be employed and have their compensation fixed in accordance
with chapter 76 and the appropriate collective bargaining agreement, executive order,
executive directive, or rule[ ; provided that the compensation shall be based
on a six and one-half hour work day; provided further that: (1) The monthly rate of compensation for all
school health aides employed less than full-time shall be based on the number of
hours they actually work; (2) The monthly rate of compensation for full-time
health aides so determined shall be multiplied by ten and then divided by twelve
and the resulting amount shall be the employee's monthly salary payable over a twelve-month
period; and (3) The health aides shall have the same
working schedule and leave allowance as school teachers in the department]."
SECTION 4. Section 302A-855, Hawaii Revised Statutes, is repealed.
[§302A-855] Rules. The superintendent of education shall adopt rules
pursuant to chapter 91 for the purposes of this [subpart]."]
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Public Schools; School Health Aides
Repeals certain operational requirements for student health programs established for a 1970 pilot project. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.