Bill Text: HI SB1344 | 2023 | Regular Session | Amended
Bill Title: Relating To Educational Health Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-03 - Act 173, 07/03/2023 (Gov. Msg. No. 1276). [SB1344 Detail]
Download: Hawaii-2023-SB1344-Amended.html
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THE SENATE |
S.B. NO. |
1344 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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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 also 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 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 the
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 per a written agreement with the department of education. 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) Allow administration of medications by school health assistants at school with the approval of a health care professional within the department of education, department of health, or health care service per a written agreement with the department of education;
(2) Match the existing department of education practice for administration of medication at schools; and
(3) Update the term "school health aides" to "school health assistants" to reflect updated job titles at 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 of education, department of health, or health care service as
defined in section 323D-2 per a written agreement with the department of
education; 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 physicians, surgeons,
and others 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 (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]
the nursing described in this paragraph 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 as provided in section 302A-853.] assistants."
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:
Allows the administration of medication to public school students by health assistants with the approval of a health care professional within the Department of Education, Department of Health, or a health care service per a written agreement with the Department of Education. Replaces the term "school health aides" with "school health assistants" to reflect recent changes to the job title. 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.
