Bill Text: HI SB1344 | 2023 | Regular Session | Introduced
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-Introduced.html
THE SENATE |
S.B. NO. |
1344 |
THIRTY-SECOND LEGISLATURE, 2023 |
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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:
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. The current 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 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. This Act amends statutes to
match the existing department of education practice for administration of
medication at schools. This Act also
updates the term "school health aides" to "school health
assistants" to reflect updated job titles at the department of education.
SECTION 2. 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 3. 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 and topical medication, and in
emergency situations, other premeasured medication; 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 4. 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 5. 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 nursing 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.