Bill Text: HI HB1949 | 2014 | Regular Session | Introduced
Bill Title: Epinephrine Auto-Injectors; Use in Schools
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-21 - Referred to EDN, HLT, FIN, referral sheet 3 [HB1949 Detail]
Download: Hawaii-2014-HB1949-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1949 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to epinephrine auto-injector use in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Life-threatening allergies; guidelines; stock supply of epinephrine auto-injectors; emergency administration. (a) Notwithstanding any law to the contrary, an authorized health care provider may prescribe epinephrine auto-injectors in the name of a school for use in accordance with this section. Pharmacists and authorized health care providers may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of a school. A school may maintain a stock supply of epinephrine auto-injectors for use in accordance with this section.
(b) School nurses and health aides and designated school personnel may, upon authorization by the governing body of a school, use epinephrine auto-injectors prescribed pursuant to subsection (a) to:
(1) Provide an epinephrine auto-injector to a student for self-administration in accordance with a prescription specific to the student on file with the school subject to the provisions of section 302A-1164;
(2) Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school; and
(3) Administer an epinephrine auto-injector to any student or other individual whom the school nurse or health aide or designated school personnel believes in good faith is experiencing anaphylaxis, on school premises, at school-sponsored events, or at any other time the student or individual is subject to the school's jurisdiction or supervision, in accordance with a standing protocol from an authorized health care provider, regardless of whether the student or other individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
(c) A school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market, free, or reduced prices.
(d) Designated school personnel shall complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector made available by a school and at least every two years following completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally-recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department of health. Training may be conducted online or in person and, at a minimum, shall cover:
(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
(2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and
(3) Emergency follow-up procedures.
The entity conducting the training shall issue a certificate, on a form developed or approved by the department of health, to each person who successfully completes the anaphylaxis training program.
(e) Not later than December 31, 2015, the department, in consultation with the department of health, shall develop and make available to all schools guidelines for the management of students with life-threatening food allergies. The guidelines shall include but not be limited to:
(1) Education and training for school personnel on the management of students with life-threatening allergies, including training related to the administration of an epinephrine auto-injector;
(2) Procedures for responding to life-threatening allergic reactions;
(3) A process for the development of individualized health care and allergy action plans for every student with a known life-threatening allergy; and
(4) Protocols to prevent exposure to allergens.
(f) Not later than , the department shall:
(1) Implement a plan based on the guidelines developed pursuant to subsection (e) for the management of students with life-threatening allergies enrolled in schools under its jurisdiction; and
(2) Make the plan available on the department's website or the website of each school under the department's jurisdiction. If such websites do not exist, the department shall make the plan publicly available through other practicable means as it determines.
(g) A school that possesses and makes available a stock supply of epinephrine auto-injectors pursuant to this section shall submit to the department, on a form developed by the department, a report of each incident that involves a severe allergic reaction or the administration of an epinephrine auto-injector. The department shall annually publish a report that summarizes and analyzes all reports submitted pursuant to this subsection.
(h) A school that possesses and makes available epinephrine auto-injectors and its governing body; a school nurse or health aide, employee, agent, or volunteer; an authorized health care provider that prescribes epinephrine auto-injectors to a public school; and an individual or entity that conducts the training described in subsection (d) shall not be liable for any civil damages arising from the administration of, self-administration of, or failure to administer an epinephrine auto-injector or any other act or omission taken pursuant to this section, regardless of whether authorization was provided by the student's parent or guardian or by the student's health care provider; provided that this immunity shall not apply to gross negligence or wanton acts or omissions. The administration of an epinephrine auto-injector in accordance with this section shall not be considered the practice of medicine. This section shall not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including sections 302A-1164 and 663-1.5.
(i) As used in this section:
"Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
"Authorized health care provider" means an individual licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of that person's practice.
"Designated school personnel" means an employee, agent, or volunteer of a school designated by the governing authority of the school who has completed the training required under subsection (d) to provide or administer an epinephrine auto-injector.
"Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
"Provide" means the supply of one or more epinephrine auto-injectors to an individual.
"School" means any day care center, child care facility, headstart program, preschool, kindergarten, elementary, or secondary school, public or private, including any special school for children in the State.
"Self-administration" means a student or other individual's discretionary use of an epinephrine auto-injector, whether provided by the student or by a school nurse or health aide or designated school personnel pursuant to this section."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Epinephrine Auto-Injectors; Use in Schools
Description:
Authorizes schools to maintain a supply of epinephrine auto-injectors and establishes provisions governing their use.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
