Bill Text: HI HB1046 | 2024 | Regular Session | Amended
Bill Title: Relating To Educational Health Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [HB1046 Detail]
Download: Hawaii-2024-HB1046-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1046 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO EDUCATIONAL HEALTH SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that some schools have a
registered nurse, advanced practice registered nurse, or other specialized
health care provider on campus through written agreements with the department
of education. Partnerships with
federally qualified health centers and the university of Hawaii at Manoa Nancy
Atmospera-Walch school of nursing have greatly improved access to health
services for students at school and through telehealth. Student care would be more efficient,
accessible, and safe if the administration of medication could be performed
with the approval of a health care professional within the department of education,
department of health, or a health care service pursuant to a written agreement
with the department of education. The existing
law prevents health care professionals who are already on campus or in the
school community from performing the function of medication approval.
The purpose of this Act is to:
(1) Update the term "school health aides" to "school health assistants" to reflect updated job titles at the department of education; and
(2) Allow administration of medications by school health assistants at school with the approval of a health care professional within the department of education, the department of health, or a health care service pursuant to a written agreement with the department of education.
SECTION 2. Section 88-21, Hawaii Revised Statutes, is amended by amending the definition of "year round school employee" to read as follows:
""Year round school
employee": any teacher, school
administrator, school health [aide,] assistant, educational
assistant, school security attendant, or other salaried ten-month department of
education employee working in a public school operating under a single-track
restructured instructional schedule."
SECTION 3. Section 302A-708, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-708 Career development
opportunities.[]]
The department [of education]
shall provide career pathways development and training opportunities to all
school health [aides] assistants in the school health services
field and other fields within the department [of education] to ensure
the opportunity for continued employment with the department [of education]."
SECTION 4. Section 302A-853, Hawaii Revised Statutes, is amended to read as follows:
"§302A-853 Administration of medication. (a)
School health [aides] assistants
may assist students by administering oral, nasal, and topical
medication, and in emergency situations, other premeasured medication[;],
including but not limited to auto-injectable epinephrine for anaphylaxis,
bronchodilators for asthma, and seizure rescue medication for seizure
disorders; provided that:
(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 with the approval
of [the department of health; and] a health care professional within
the department, the department of health, or a health care service as defined
in section 323D-2 pursuant to a written agreement with the department; and
(4) The administration of the medication is necessary for the health of the student and for the student's attendance at school.
(b) For purposes of
this section, "health care professional" means a physician, surgeon,
and other individuals licensed pursuant to chapter 453 and nurses licensed
pursuant to chapter 457."
SECTION 5. Section
302A-854, Hawaii Revised Statutes, is amended to read as follows:
"§302A-854 School health [aides;] assistants;
compensation. All full-time school
health [aides] assistants 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."
SECTION 6. Section 457-13,
Hawaii Revised Statutes, is amended to read as follows:
"§457-13 Exceptions. This chapter does not
prohibit:
(1) The furnishing of
nursing assistance in an emergency;
(2) The practice of nursing that is incidental to the program of study engaged in by students enrolled in nursing education programs accredited by the board;
(3) The practice of nursing
under a nonrenewable permit by:
(A) A graduate of; or
(B) An applicant who has provided proof that the
applicant has completed the entire educational curriculum required for
graduation for a nursing license from,
a school that is in or under the
jurisdiction of the United States, a territory, or a foreign jurisdiction, and
whose accreditation is recognized by the board; provided that following
completion of subparagraph (A) or (B), the candidate takes the first
licensing examination scheduled by any board of nursing recognized by the board
and has submitted to the board an application for a license to practice nursing
in the State; [and] provided further that the permit shall be valid for
three months or until the results of the licensing examination are received by
the board;
(4) The practice of any
legally qualified nurse of another state who is employed by the United States
or any bureau, division, or agency thereof, while in the discharge of the
nurse's official duties;
(5) The practice of nursing
in connection with healing by prayer or spiritual means alone in accordance
with the tenets and practice of any well recognized church or religious
denomination[,]; provided that no person practicing such nursing
claims to practice as a registered nurse or a licensed practical nurse; or
(6) The administration of
oral and topical medication and in emergency situations, other premeasured
medication, by school health [aides] assistants as provided in
section 302A-853."
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.
Report Title:
Educational Health Services; Medication Administration; School Health Assistants; Exceptions
Description:
Replaces the term "school health aides" with "school health assistants" to reflect recent changes to the job title. Authorizes the administration of medication to public school students by school health assistants with the approval of a health care professional within the Department of Education, the Department of Health, or a health care service pursuant to a written agreement with the Department of Education. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
