Hawaii - State Laws Affecting Diabetes Care at School
Hawaii - State Laws Affecting Diabetes Care at School
Hawaii (HB 1550 (2005))
Authorizes DOE to permit its employees and agents to administer glucagon to diabetic students in an emergency. Establishes that DOE and its personnel are not liable for any injury from the emergency administration of glucagon to students. (HB1550 CD1)
SECTION 1. Section 302A-1164, Hawaii Revised Statutes, is amended to read as follows:
§302A-1164 Self-administration of medication by student and emergency administration permitted.
(a) The department shall permit:
(1) The self-administration of medication by a student for asthma, anaphylaxis, or other potentially life-threatening illnesses; and
(2) Department employees and agents to volunteer to administer glucagon in an emergency situation to students with diabetes.
(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;
(2) In the case of self-administration of medication, 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; and
(3) In the case of emergency administration of glucagon to a student with diabetes, written certification from the student's physician stating that the student has physician's orders that glucagon may be administered by a volunteer.
(c) 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) 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) 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) 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, 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) Any employee or agent who volunteers to administer glucagon in an emergency situation to a student with diabetes shall receive instruction in the proper administration of glucagon 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. The school shall store the glucagon kit in a secure but accessible location.
(h) Any person, except for a qualified health care professional providing the training required in subsection (g), 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, willful and wanton misconduct, or intentional misconduct."
Effective July 1, 2005.
Source for the information below: National Association of State Board of Education
Requirements for Non-Certified Personnel to Administer Medication
Pre-service Requirement: Hawaii does not have a policy outlining requirements for school health nurses. However, HRS §321-245 (2002) allows schools to employ full-time school health aides and HRS §321-242 (1997) allows school health aides to assist students in administering oral and topical medication. Health Rule §11-146-2 (1983) defines a health aide as an “individual who is trained in standard first aid to render first aid.”
Administration of Medications
Staff Administration: Health Rule §11-146-4 (1983) permits the school health aide to store or administer oral and topical physician prescribed medication, provided that a request is made from the parent or guardian and approved by the department of health. Further, the medication shall be sent to the school by the parent or guardian in a properly labeled container with the child’s name, name of the medication, dosage, time to be given, and name of prescribing physician. HB 1550 (2005) allows department employees who have received instruction from a qualified health professional to volunteer to administer medication, except insulin, to students with diabetes in an emergency situation.
Self-Administration: HRS §302A-1164 (2004) requires the department of education to permit the self-administration of medication by a student for asthma or other potentially life-threatening illnesses. The law also allows students to carry an inhaler and auto-injector epinephrine and requires the student's parent or guardian to sign a statement acknowledging that the district and its employees are not liable for any injury arising from the self-administration of medication. HB 1550 (2005) permits students to self-administer medication for asthma, anaphylaxis, or other potentially life-threatening illnesses provided written authorization has been given by the student’s physician and a signed statement by the parents/guardians that the department and its employees are not to incur any liability for any injury resulting from the self-administration of medication. The student is also permitted to carry an inhaler or auto-injectable epinephrine or both if does not endanger him/herself or others from the misuse of the inhaler.
Individual Health Plan for Students
Education Rules §8-56-38 (2000) and §8-56-2 (2000) require that school health services must be provided to students and included in an individualized education plan.
