Hawaii-2016-HB127-Introduced

SECTION 1. The legislature finds that public school students can have serious medical conditions or special health concerns, among them, diabetes, asthma, and severe allergies. While department of education schools have school health aides, many schools lack a school nurse or other licensed health care professional on site to respond to individual student emergencies and attend to the medical and health needs of students. The absence of nurses at schools means often untrained school staff, faculty, and other personnel must attend to the medical and health needs of students.

More must be done to improve the health care system in public schools. The legislature finds that the hiring of a school nurse for each public school campus to oversee school health policies and programs, facilitate routine care for students, and respond to individual medical emergencies is essential to fulfill the State's duty of care to its public school students.

Furthermore, schools must also ensure that policies and procedures are in place to provide effective support to students with medical conditions to ensure their well-being and enable them to achieve their full learning and academic potential. A school medical emergency plan implemented at each school will ensure the safety and well-being of students and school personnel.

The purpose of this Act is to support the safety and well-being of students and school personnel by:

(1) Requiring each public school to develop a school medical emergency plan, consistent with department of education regulations and guidelines, for implementation by the school; and

(2) Appropriating funds to establish one full-time nurse position in each public school.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§302A- School medical emergency plan. (a) Each public school shall develop a school medical emergency plan, consistent with department of education regulations and guidelines, for implementation at the school. In developing a plan, each public school shall:

(1) Develop the plan in cooperation with school administrators, faculty, and employees;

(2) Consult with and receive input from the medical community and appropriate public and private agencies, including emergency medical services and community clinicians; and

(3) Consider the location, staff, resources, and other factors that are unique to the school.

(b) The school medical emergency plan shall include:

(1) Procedures for school faculty and staff in handling and responding to medical emergencies occurring on school grounds, particularly when a school nurse, school health aide, or authorized school medical personnel is not available and until emergency medical service responders arrive; and

(2) Procedures for the administration of emergency first aid services in schools, including emergency treatment and administration of emergency medication to students.

(c) When an emergency exists, a school nurse, school health aide, authorized school medical personnel or, in their absence, school faculty or staff member shall carry out appropriate emergency procedures as established according to the school medical emergency plan.

(d) All school employees shall be trained on the school medical emergency plan and a written copy of the plan shall be available and accessible on school grounds at all times. The plan shall be reviewed by school personnel, and updated annually, if necessary.

§302A- School nurse position; establishment; duties. (a) Each public school in the State shall employ at least one full-time (1.00 FTE) permanent school nurse position at the school to oversee school health policies and programs, facilitate routine care for students, and respond to individual medical emergencies.

(b) As provided in this section, "nurse" shall mean a registered nurse or advanced practice registered nurse licensed or registered under chapter 457."

SECTION 3. 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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the establishment of one full-time (1.00 FTE) permanent school nurse position in each public school.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	127
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII