THE SENATE	S.B. NO.	1213
THIRTY-SECOND LEGISLATURE, 2023
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 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.

 

INTRODUCED BY:	_____________________________

 

 

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.