Bill Text: HI HB183 | 2023 | Regular Session | Introduced
Bill Title: Relating To Education.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2023-01-25 - Referred to HLT, EDN, JHA, referral sheet 1 [HB183 Detail]
Download: Hawaii-2023-HB183-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
183 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that private schools
in Hawaii are not required to have emergency protocols for anaphylaxis, thus
leaving children and school personnel vulnerable in the event of an emergency
allergic reaction event. The legislature
also finds that anaphylaxis is a severe, potentially life-threatening allergic
reaction that can occur within seconds or minutes of exposure to an allergen. Anaphylaxis requires immediate medical
treatment, including an injection of epinephrine and a follow-up trip to an
emergency room. Symptoms include skin
rash, nausea, vomiting, difficulty breathing, and shock.
The
legislature further finds that auto-injectable
epinephrine can treat severe
allergic reactions, including anaphylaxis, to insect bites or stings,
medicines, food, or unknown
substances. A quickly administered dose
of auto-injectable epinephrine
reverses the symptoms of anaphylaxis in an emergency and can save an
individual's life before the
individual has access to professional medical care.
The
purpose of this Act is to:
(1) Require private schools to develop and
implement action plans for anaphylaxis management; and
(2) Provide legal protections from liability for designated
volunteer employees and agents at private schools who administer
auto-injectable epinephrine during emergency at their school.
SECTION 2. Chapter 302C, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§302C-A Anaphylaxis; private
schools; comprehensive action plan. (a) No later than ,
each private school in the State shall develop and implement a comprehensive
action plan concerning anaphylaxis management in their respective school.
(b)
The comprehensive action plan shall include:
(1) Information relating
to the risks that cause anaphylaxis, ways to avoid risks that
cause anaphylaxis, and signs and symptoms of a person experiencing anaphylaxis;
(2) Management of
anaphylaxis at the school, including procedures for responding to anaphylaxis;
(3) The
administering of auto-injectable epinephrine in emergencies, including where
and how to access auto-injectable epinephrine at the school;
(4) Training of private
school employees or agents in the administration of auto-injectable
epinephrine; and
(5) Medical and emergency care after
auto-injectable epinephrine is administered.
(c) Each private school shall designate one or
more school employees or agents to administer auto-injectable epinephrine in
emergencies at their school.
§302C-B Administration of auto-injectable
epinephrine; designated private school employees and agents; liability. (a) A private school and its designated employees
or agents shall not incur any liability as a result of any injury arising from
compliance with section 302C-A(c).
(b) A parent or guardian shall indemnify and hold
harmless a private school and its school employees or agents against any claims
arising out of compliance with section 302C-A(c).
(c) Section 302C-A(c) does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under section 663-1.5."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Private Schools; Anaphylaxis Management; Auto-Injectable Epinephrine; Comprehensive Action Plans; Designated School Employee and Agents; Immunity from Liability
Description:
Requires all private schools to develop and implement comprehensive action plans for the management of anaphylaxis in their respective schools, including administration of auto-injectable epinephrine. Establishes certain immunity from liability for designated private school employees and agents who administer auto-injectable epinephrine during emergencies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
