Hawaii 2022 Regular Session

Hawaii Senate Bill SB2071 Compare Versions

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1-THE SENATE S.B. NO. 2071 THIRTY-FIRST LEGISLATURE, 2022 S.D. 1 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO HEALTH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 2071 THIRTY-FIRST LEGISLATURE, 2022 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO HEALTH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302A- Administration of seizure treatments; training. (a) Beginning January 1, 2023, each school shall have at least one school employee on duty during the entire school day to administer or assist with the self-administration of: (1) Seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration. (b) The department shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are either trained: (1) Through a training program adopted by rule pursuant to chapter 91 for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or (2) By a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by the department shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (d) Beginning January 1, 2023, and on an annual basis thereafter, each school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization. (e) This section shall not apply to any school that does not have at least one student enrolled who has either: (1) A seizure disorder; or (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider. (f) No employee of the department shall be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section." SECTION 2. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302C- Administration of seizure treatments; training. (a) Beginning January 1, 2023, each private school shall have at least one school employee on duty during the entire school day to administer or assist with the self-administration of: (1) Seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration. (b) The private school shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are either trained: (1) Through a training program for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or (2) By a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by the private school shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (d) Beginning January 1, 2023, and on an annual basis thereafter, each private school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization. (e) This section shall not apply to any private school that does not have at least one student enrolled who has either: (1) A seizure disorder; or (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider. (f) No employee of the private school shall be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section." SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302D- Administration of seizure treatments; training. (a) Beginning January 1, 2023, each public charter school shall have at least one school employee on duty during the entire school day to administer or assist with the self-administration of: (1) Seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration. (b) Each public charter school shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are trained by a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by a public charter school shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (d) In the case of any student who attends a public charter school and is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the public charter school shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of each employee trained to assist the student in the event of a seizure and the method by which the trained employee is to be contacted in the event of the seizure. The seizure action plan shall be: (1) Distributed to every school employee or volunteer responsible for the supervision or care of the student diagnosed with a seizure disorder; and (2) Kept on file at the school at which the student is enrolled. (e) Beginning January 1, 2023, and on an annual basis thereafter, each public charter school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization. (f) This section shall not apply to any public charter school that does not have at least one student enrolled who has either: (1) A seizure disorder; or (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider. (g) No employee of a public charter school shall be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section." SECTION 4. Section 302A-1164, Hawaii Revised Statutes, is amended to read as follows: "§302A-1164 Self-administration of medication by student and emergency administration; [self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring;] permitted. (a) The department shall permit: (1) The self-administration of: (A) Medication by a student for asthma, anaphylaxis, diabetes, seizure disorders, or other potentially life‑threatening illnesses; and (B) Blood glucose monitoring by a student; and (2) Department employees and agents to volunteer to administer: (A) Insulin or assist a student in administering insulin via the insulin delivery system that the student uses; (B) Glucagon in an emergency situation to students with diabetes; (C) Auto-injectable epinephrine in an emergency situation to students with anaphylaxis; [or] (D) Seizure medication or vagus nerve stimulation in emergency situations to students with seizure disorders; or [(D)] (E) Blood glucose monitoring or assist a student with blood glucose monitoring. (b) The student's parent or guardian shall provide the department with: (1) Written authorization for the self-administration of medication or the emergency administration of glucagon or auto-injectable epinephrine[;], seizure medications, or vagus nerve stimulation; (2) In the case of self‑administration of medication: (A) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student with diabetes may perform the student's own blood glucose checks, administer insulin through the student's insulin delivery system, and otherwise attend to the care and management of the student's diabetes during any school-related activity, and that the student may possess on the student's person all necessary supplies and equipment to perform the diabetes monitoring and treatment activities, if applicable; and (B) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student: (i) Has asthma, anaphylaxis, seizure disorder, or another potentially life-threatening illness; and (ii) Is capable of, and has been instructed in, the proper method of self-administration of medication or blood glucose monitoring; and (3) In the case of administration of insulin or emergency administration of glucagon to a student with diabetes, blood glucose monitoring of a student, [or] auto-injectable epinephrine to a student with anaphylaxis, or administration of seizure medication or vagus nerve stimulation to the student with a seizure disorder, written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student has medical orders that insulin, glucagon, blood glucose monitoring, [or] auto-injectable epinephrine, seizure medication, or vagus nerve stimulation may be administered by a volunteer. (c) In the case of any student who is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the department shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of each school employee trained to assist the student in the event of a seizure and the method by which the trained employee is to be contacted in the event of the seizure. The seizure action plan shall be: (1) Distributed to every school employee or volunteer responsible for the supervision or care of the student diagnosed with a seizure disorder; and (2) Kept on file at the school at which the student is enrolled. [(c)] (d) 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 compliance with this section. [(d)] (e) The student's parent or guardian shall sign a statement acknowledging that: (1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and (2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section. [(e)] (f) 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 this section. [(f)] (g) 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; provided that the department[,] and its employees or agents may confiscate a student's medication, inhaler, or auto-injectable epinephrine if the student's self‑administration of the medication exceeds the student's prescribed dosage, or if the student endangers others with the student's medication, inhaler, or auto-injectable epinephrine. For the purposes of this section, the term "inhaler" includes: (1) Metered-dose, breath-actuated, and dry powder inhalers; and (2) Spacers and holding chambers. [(g)] (h) Any employee or agent who volunteers to administer insulin or glucagon in an emergency situation to a student with diabetes [or], auto-injectable epinephrine to a student with anaphylaxis, or seizure medication or vagus nerve stimulation to a student with a seizure disorder, or who volunteers to administer or assist a student with blood glucose monitoring shall receive instruction in the proper administration of insulin, glucagon, auto-injectable epinephrine, seizure medication, vagus nerve stimulation, or blood glucose monitoring by a qualified health care professional. A "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator. The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon, any supplies necessary to administer insulin, blood glucose monitoring, seizure medications, vagus nerve stimulator magnet, or with auto-injectable epinephrine supplies to administer epinephrine. The school shall store the glucagon kit, insulin supplies, blood glucose monitoring supplies, seizure medications, vagus nerve stimulator magnet, or auto-injectable epinephrine supplies in a secure but accessible location. [(h)] (i) Any person, except for a qualified health care professional providing the training required in subsection [(g),] (h), 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." SECTION 5. 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 2022-2023 to train employees to administer or assist with the self-administration of seizure rescue medications, medications prescribed to treat seizure disorders, and vagus nerve stimulation at each public school and public charter school. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 6. 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 2022-2023 to increase health assistant and nurse services in public charter schools. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 2050.
47+ SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302A- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2023, each school shall have at least one school employee on duty during the entire school day to administer or assist with: (1) The self-administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration. (b) The department shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are either trained: (1) Through a training program adopted by rule in accordance with chapter 91 for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or (2) By a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by the department shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (d) Beginning January 1, 2023, and on an annual basis thereafter, each school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization. (e) This section shall not apply to any school that does not have at least one student enrolled who has either: (1) A seizure disorder; or (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider. (f) Any employee of the department shall not be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue mediation, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section." SECTION 2. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302C- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2023, each private school shall have at least one school employee on duty during the entire school day to administer or assist with: (1) The self-administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration. (b) The private school shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are either trained: (1) Through a training program for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or (2) By a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by the private school shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (d) Beginning January 1, 2023, and on an annual basis thereafter, each private school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization. (e) This section shall not apply to any private school that does not have at least one student enrolled who has either: (1) A seizure disorder; or (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider. (f) Any employee of the private school shall not be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue mediation, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section." SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302D- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2023, each public charter school shall have at least one school employee on duty during the entire school day to administer or assist with: (1) The self-administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration. (b) Each public charter school shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are trained by a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by a public charter school shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. (d) In the case of any student who attends a public charter school and is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the public charter school shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of the employee or employees trained to assist the student in the event of a seizure and the method by which the trained employee or employees are contacted in the event of the seizure. The seizure action plan shall be: (1) Distributed to every school employee or volunteer responsible for the supervision or care of the student diagnosed with a seizure disorder; and (2) Kept on file at the school at which the student is enrolled. (e) Beginning January 1, 2023, and on an annual basis thereafter, each public charter school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization. (f) This section shall not apply to any public charter school that does not have at least one student enrolled who has either: (1) A seizure disorder; or (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider. (g) Any employee of a public charter school shall not be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue mediation, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section." SECTION 4. Section 302A-1164, Hawaii Revised Statutes, is amended to read as follows: "§302A-1164 Self-administration of medication by student and emergency administration; [self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring;] permitted. (a) The department shall permit: (1) The self-administration of: (A) Medication by a student for asthma, anaphylaxis, diabetes, seizure disorders, or other potentially life‑threatening illnesses; and (B) Blood glucose monitoring by a student; and (2) Department employees and agents to volunteer to administer: (A) Insulin or assist a student in administering insulin via the insulin delivery system that the student uses; (B) Glucagon in an emergency situation to students with diabetes; (C) Auto-injectable epinephrine in an emergency situation to students with anaphylaxis; [or] (D) Seizure medication or vagus nerve stimulation in emergency situations to students having seizure disorders; or [(D)] (E) Blood glucose monitoring or assist a student with blood glucose monitoring. (b) The student's parent or guardian shall provide the department with: (1) Written authorization for the self-administration of medication or the emergency administration of glucagon or auto-injectable epinephrine[;], seizure medications, or vagus nerve stimulator magnet; (2) In the case of self‑administration of medication: (A) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student with diabetes may perform the student's own blood glucose checks, administer insulin through the student's insulin delivery system, and otherwise attend to the care and management of the student's diabetes during any school-related activity, and that the student may possess on the student's person all necessary supplies and equipment to perform the diabetes monitoring and treatment activities, if applicable; and (B) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student: (i) Has asthma, anaphylaxis, seizure disorder, or another potentially life-threatening illness; and (ii) Is capable of, and has been instructed in, the proper method of self-administration of medication or blood glucose monitoring; and (3) In the case of administration of insulin or emergency administration of glucagon to a student with diabetes, blood glucose monitoring of a student, [or] auto-injectable epinephrine to a student with anaphylaxis, or administration of seizure medicine or vagus nerve stimulation to the student having a seizure disorder, written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student has medical orders that insulin, glucagon, blood glucose monitoring, [or] auto-injectable epinephrine, seizure medication, or vagus nerve stimulation may be administered by a volunteer. (c) In the case of any student who is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the department shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of the school employee or employees trained to assist the student in the event of a seizure and the method by which the trained employee or employees are to be contacted in the event of the seizure. The seizure action plan shall be: (1) Distributed to every school employee or volunteer responsible for the supervision or care of the student diagnosed with a seizure disorder; and (2) Kept on file at the school at which the student is enrolled. [(c)] (d) 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 compliance with this section. [(d)] (e) The student's parent or guardian shall sign a statement acknowledging that: (1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and (2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section. [(e)] (f) 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 this section. [(f)] (g) 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; provided that the department[,] and its employees or agents may confiscate a student's medication, inhaler, or auto-injectable epinephrine if the student's self‑administration of the medication exceeds the student's prescribed dosage, or if the student endangers others with the student's medication, inhaler, or auto-injectable epinephrine. For the purposes of this section, the term "inhaler" includes: (1) Metered-dose, breath-actuated, and dry powder inhalers; and (2) Spacers and holding chambers. [(g)] (h) Any employee or agent who volunteers to administer insulin or glucagon in an emergency situation to a student with diabetes [or], auto-injectable epinephrine to a student with anaphylaxis, or seizure medication or vagus nerve stimulation to a student having a seizure disorder, or who volunteers to administer or assist a student with blood glucose monitoring shall receive instruction in the proper administration of insulin, glucagon, auto-injectable epinephrine, seizure medication or vagus nerve stimulation, or blood glucose monitoring by a qualified health care professional. A "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator. The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon, any supplies necessary to administer insulin, blood glucose monitoring, or with auto-injectable epinephrine supplies to administer epinephrine. The school shall store the glucagon kit, insulin supplies, blood glucose monitoring supplies, or seizure medication or vagus nerve stimulator magnet, auto-injectable epinephrine supplies in a secure but accessible location. [(h)] (i) Any person, except for a qualified health care professional providing the training required in subsection [(g),] (h), 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." SECTION 5. 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 2022-2023 to train employees to administer or assist with the self-administration of seizure rescue medication at each public school and public charter school. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 6. 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 2022-2023 to increase health assistant and nurse services in state public charter schools. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 2050.
4848
4949 SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
5050
51- "§302A- Administration of seizure treatments; training. (a) Beginning January 1, 2023, each school shall have at least one school employee on duty during the entire school day to administer or assist with the self-administration of:
51+ "§302A- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2023, each school shall have at least one school employee on duty during the entire school day to administer or assist with:
5252
53- (1) Seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and
53+ (1) The self-administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and
5454
5555 (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration.
5656
5757 (b) The department shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are either trained:
5858
59- (1) Through a training program adopted by rule pursuant to chapter 91 for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or
59+ (1) Through a training program adopted by rule in accordance with chapter 91 for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or
6060
6161 (2) By a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
6262
6363 (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by the department shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
6464
6565 (d) Beginning January 1, 2023, and on an annual basis thereafter, each school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization.
6666
6767 (e) This section shall not apply to any school that does not have at least one student enrolled who has either:
6868
6969 (1) A seizure disorder; or
7070
7171 (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider.
7272
73- (f) No employee of the department shall be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section."
73+ (f) Any employee of the department shall not be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue mediation, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section."
7474
7575 SECTION 2. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
7676
77- "§302C- Administration of seizure treatments; training. (a) Beginning January 1, 2023, each private school shall have at least one school employee on duty during the entire school day to administer or assist with the self-administration of:
77+ "§302C- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2023, each private school shall have at least one school employee on duty during the entire school day to administer or assist with:
7878
79- (1) Seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and
79+ (1) The self-administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and
8080
8181 (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration.
8282
8383 (b) The private school shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are either trained:
8484
8585 (1) Through a training program for the training of school personnel in the health care needs of students diagnosed with a seizure disorder; or
8686
8787 (2) By a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
8888
8989 (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by the private school shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
9090
9191 (d) Beginning January 1, 2023, and on an annual basis thereafter, each private school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization.
9292
9393 (e) This section shall not apply to any private school that does not have at least one student enrolled who has either:
9494
9595 (1) A seizure disorder; or
9696
9797 (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider.
9898
99- (f) No employee of the private school shall be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section."
99+ (f) Any employee of the private school shall not be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue mediation, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section."
100100
101101 SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
102102
103- "§302D- Administration of seizure treatments; training. (a) Beginning January 1, 2023, each public charter school shall have at least one school employee on duty during the entire school day to administer or assist with the self-administration of:
103+ "§302D- Administration of emergency seizure rescue medication; training. (a) Beginning January 1, 2023, each public charter school shall have at least one school employee on duty during the entire school day to administer or assist with:
104104
105- (1) Seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and
105+ (1) The self-administration of seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration; and
106106
107107 (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet, as approved by the United States Food and Drug Administration.
108108
109109 (b) Each public charter school shall ensure that all personnel assigned to administer or assist with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms are trained by a physician, advanced practice registered nurse, or physician assistant consistent with best practice guidelines on seizure treatment and the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
110110
111111 (c) Beginning January 1, 2023, and on an annual basis thereafter, all principals, guidance counselors, and teachers employed by a public charter school shall complete at least one hour of self-study review of seizure safety materials developed by medical professionals having expertise in seizure treatment and consistent with best practice guidelines on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
112112
113- (d) In the case of any student who attends a public charter school and is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the public charter school shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of each employee trained to assist the student in the event of a seizure and the method by which the trained employee is to be contacted in the event of the seizure. The seizure action plan shall be:
113+ (d) In the case of any student who attends a public charter school and is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the public charter school shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of the employee or employees trained to assist the student in the event of a seizure and the method by which the trained employee or employees are contacted in the event of the seizure. The seizure action plan shall be:
114114
115115 (1) Distributed to every school employee or volunteer responsible for the supervision or care of the student diagnosed with a seizure disorder; and
116116
117117 (2) Kept on file at the school at which the student is enrolled.
118118
119119 (e) Beginning January 1, 2023, and on an annual basis thereafter, each public charter school shall provide an age appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation or any successor organization.
120120
121121 (f) This section shall not apply to any public charter school that does not have at least one student enrolled who has either:
122122
123123 (1) A seizure disorder; or
124124
125125 (2) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and prescribed by the student's health care provider.
126126
127- (g) No employee of a public charter school shall be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue medication, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section."
127+ (g) Any employee of a public charter school shall not be held liable for any civil damages arising out of any act or omission relating to administering or assisting with the self-administration of seizure rescue mediation, vagus nerve stimulator magnet, or any other medication prescribed to treat seizure disorder symptoms pursuant to this section."
128128
129129 SECTION 4. Section 302A-1164, Hawaii Revised Statutes, is amended to read as follows:
130130
131131 "§302A-1164 Self-administration of medication by student and emergency administration; [self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring;] permitted. (a) The department shall permit:
132132
133133 (1) The self-administration of:
134134
135135 (A) Medication by a student for asthma, anaphylaxis, diabetes, seizure disorders, or other potentially life‑threatening illnesses; and
136136
137137 (B) Blood glucose monitoring by a student; and
138138
139139 (2) Department employees and agents to volunteer to administer:
140140
141141 (A) Insulin or assist a student in administering insulin via the insulin delivery system that the student uses;
142142
143143 (B) Glucagon in an emergency situation to students with diabetes;
144144
145145 (C) Auto-injectable epinephrine in an emergency situation to students with anaphylaxis; [or]
146146
147- (D) Seizure medication or vagus nerve stimulation in emergency situations to students with seizure disorders; or
147+ (D) Seizure medication or vagus nerve stimulation in emergency situations to students having seizure disorders; or
148148
149149 [(D)] (E) Blood glucose monitoring or assist a student with blood glucose monitoring.
150150
151151 (b) The student's parent or guardian shall provide the department with:
152152
153- (1) Written authorization for the self-administration of medication or the emergency administration of glucagon or auto-injectable epinephrine[;], seizure medications, or vagus nerve stimulation;
153+ (1) Written authorization for the self-administration of medication or the emergency administration of glucagon or auto-injectable epinephrine[;], seizure medications, or vagus nerve stimulator magnet;
154154
155155 (2) In the case of self‑administration of medication:
156156
157157 (A) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student with diabetes may perform the student's own blood glucose checks, administer insulin through the student's insulin delivery system, and otherwise attend to the care and management of the student's diabetes during any school-related activity, and that the student may possess on the student's person all necessary supplies and equipment to perform the diabetes monitoring and treatment activities, if applicable; and
158158
159159 (B) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student:
160160
161161 (i) Has asthma, anaphylaxis, seizure disorder, or another potentially life-threatening illness; and
162162
163163 (ii) Is capable of, and has been instructed in, the proper method of self-administration of medication or blood glucose monitoring; and
164164
165- (3) In the case of administration of insulin or emergency administration of glucagon to a student with diabetes, blood glucose monitoring of a student, [or] auto-injectable epinephrine to a student with anaphylaxis, or administration of seizure medication or vagus nerve stimulation to the student with a seizure disorder, written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student has medical orders that insulin, glucagon, blood glucose monitoring, [or] auto-injectable epinephrine, seizure medication, or vagus nerve stimulation may be administered by a volunteer.
165+ (3) In the case of administration of insulin or emergency administration of glucagon to a student with diabetes, blood glucose monitoring of a student, [or] auto-injectable epinephrine to a student with anaphylaxis, or administration of seizure medicine or vagus nerve stimulation to the student having a seizure disorder, written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student has medical orders that insulin, glucagon, blood glucose monitoring, [or] auto-injectable epinephrine, seizure medication, or vagus nerve stimulation may be administered by a volunteer.
166166
167- (c) In the case of any student who is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the department shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of each school employee trained to assist the student in the event of a seizure and the method by which the trained employee is to be contacted in the event of the seizure.
167+ (c) In the case of any student who is certified by the student's physician, advanced practice registered nurse, or physician assistant as having a seizure disorder, the department shall establish a seizure action plan for that student, in conjunction with the student's parent or guardian, that shall include but not be limited to the identification of the school employee or employees trained to assist the student in the event of a seizure and the method by which the trained employee or employees are to be contacted in the event of the seizure.
168168
169169 The seizure action plan shall be:
170170
171171 (1) Distributed to every school employee or volunteer responsible for the supervision or care of the student diagnosed with a seizure disorder; and
172172
173173 (2) Kept on file at the school at which the student is enrolled.
174174
175175 [(c)] (d) 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 compliance with this section.
176176
177177 [(d)] (e) The student's parent or guardian shall sign a statement acknowledging that:
178178
179179 (1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and
180180
181181 (2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section.
182182
183183 [(e)] (f) 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 this section.
184184
185185 [(f)] (g) 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; provided that the department[,] and its employees or agents may confiscate a student's medication, inhaler, or auto-injectable epinephrine if the student's self‑administration of the medication exceeds the student's prescribed dosage, or if the student endangers others with the student's medication, inhaler, or auto-injectable epinephrine.
186186
187187 For the purposes of this section, the term "inhaler" includes:
188188
189189 (1) Metered-dose, breath-actuated, and dry powder inhalers; and
190190
191191 (2) Spacers and holding chambers.
192192
193- [(g)] (h) Any employee or agent who volunteers to administer insulin or glucagon in an emergency situation to a student with diabetes [or], auto-injectable epinephrine to a student with anaphylaxis, or seizure medication or vagus nerve stimulation to a student with a seizure disorder, or who volunteers to administer or assist a student with blood glucose monitoring shall receive instruction in the proper administration of insulin, glucagon, auto-injectable epinephrine, seizure medication, vagus nerve stimulation, or blood glucose monitoring by a qualified health care professional. A "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator. The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon, any supplies necessary to administer insulin, blood glucose monitoring, seizure medications, vagus nerve stimulator magnet, or with auto-injectable epinephrine supplies to administer epinephrine. The school shall store the glucagon kit, insulin supplies, blood glucose monitoring supplies, seizure medications, vagus nerve stimulator magnet, or auto-injectable epinephrine supplies in a secure but accessible location.
193+ [(g)] (h) Any employee or agent who volunteers to administer insulin or glucagon in an emergency situation to a student with diabetes [or], auto-injectable epinephrine to a student with anaphylaxis, or seizure medication or vagus nerve stimulation to a student having a seizure disorder, or who volunteers to administer or assist a student with blood glucose monitoring shall receive instruction in the proper administration of insulin, glucagon, auto-injectable epinephrine, seizure medication or vagus nerve stimulation, or blood glucose monitoring by a qualified health care professional. A "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator. The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon, any supplies necessary to administer insulin, blood glucose monitoring, or with auto-injectable epinephrine supplies to administer epinephrine. The school shall store the glucagon kit, insulin supplies, blood glucose monitoring supplies, or seizure medication or vagus nerve stimulator magnet, auto-injectable epinephrine supplies in a secure but accessible location.
194194
195195 [(h)] (i) Any person, except for a qualified health care professional providing the training required in subsection [(g),] (h), 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."
196196
197- SECTION 5. 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 2022-2023 to train employees to administer or assist with the self-administration of seizure rescue medications, medications prescribed to treat seizure disorders, and vagus nerve stimulation at each public school and public charter school.
197+ SECTION 5. 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 2022-2023 to train employees to administer or assist with the self-administration of seizure rescue medication at each public school and public charter school.
198198
199199 The sum appropriated shall be expended by the department of education for the purposes of this Act.
200200
201- SECTION 6. 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 2022-2023 to increase health assistant and nurse services in public charter schools.
201+ SECTION 6. 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 2022-2023 to increase health assistant and nurse services in state public charter schools.
202202
203203 The sum appropriated shall be expended by the department of education for the purposes of this Act.
204204
205205 SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
206206
207207 SECTION 8. This Act shall take effect on July 1, 2050.
208208
209- Report Title: Education; Seizure Safe Schools; Seizure Disorder Rescue Medication; School Employee Training; Seizure Action Plans; Appropriation Description: Beginning 1/1/2023, requires public schools, private schools, and public charter schools to have an employee trained to administer or assist with the self-administration of seizure disorder rescue medication; requires all principals, guidance counselors, and teachers to perform annual self-study reviews of seizure safety materials; requires a seizure action plan in public schools and public charter schools for every diagnosed student and distribution of the plan to employees and volunteers charged with supervising the student; and exempts schools that do not have a student with a seizure disorder. Appropriates funds. Effective 7/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
209+ Report Title: Education; Seizure Safe Schools; Seizure Disorder Rescue Medication; School Employee Training; Appropriation Description: Requires all principals, guidance counselors, and teachers to perform self-review of seizure safety materials annually. Requires a seizure action plan for every diagnosed student and distribution of the plan to employees charged with supervising the student. Requires public schools, private schools, and public charter schools to have an employee trained to administer seizure disorder rescue medication. Exempts schools that do not have a student with a seizure disorder. Appropriates funds. Effective 7/1/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
210210
211211
212212
213213
214214
215215 Report Title:
216216
217-Education; Seizure Safe Schools; Seizure Disorder Rescue Medication; School Employee Training; Seizure Action Plans; Appropriation
217+Education; Seizure Safe Schools; Seizure Disorder Rescue Medication; School Employee Training; Appropriation
218218
219219
220220
221221 Description:
222222
223-Beginning 1/1/2023, requires public schools, private schools, and public charter schools to have an employee trained to administer or assist with the self-administration of seizure disorder rescue medication; requires all principals, guidance counselors, and teachers to perform annual self-study reviews of seizure safety materials; requires a seizure action plan in public schools and public charter schools for every diagnosed student and distribution of the plan to employees and volunteers charged with supervising the student; and exempts schools that do not have a student with a seizure disorder. Appropriates funds. Effective 7/1/2050. (HD1)
223+Requires all principals, guidance counselors, and teachers to perform self-review of seizure safety materials annually. Requires a seizure action plan for every diagnosed student and distribution of the plan to employees charged with supervising the student. Requires public schools, private schools, and public charter schools to have an employee trained to administer seizure disorder rescue medication. Exempts schools that do not have a student with a seizure disorder. Appropriates funds. Effective 7/1/2050. (SD1)
224224
225225
226226
227227
228228
229229
230230
231231 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.