|
Hawaii
State Laws Affecting Diabetes Care at School
Hock's offers 30-50% discounted prices on diabetes supplies. We cannot specifically recommend or endorse any company but we have been listing Hock's in our resource directory for over a year as one of the two cheapest online companies to purchase from. We recently affiliated with Hock's because our own experience with them has been so positive. If you do place an order through our site, they will contribute financially towards our cause and you will get reasonable prices for diabetes supplies.
Hawaii (HB 1550
(2005))
Authorizes DOE to permit its employees and agents to administer glucagon to
diabetic students in an emergency. Establishes that DOE and its personnel are
not liable for any injury from the emergency administration of glucagon to
students. (HB1550 CD1)
SECTION 1. Section
302A-1164, Hawaii Revised Statutes, is amended to read as follows:
§302A-1164
Self-administration of medication by student and emergency administration
permitted.
(a) The department shall permit:
(1) The self-administration of medication by
a student for asthma, anaphylaxis, or other potentially life-threatening
illnesses; and
(2) Department employees and agents to
volunteer to administer glucagon in an emergency situation to students with
diabetes.
(b) The student's parent or guardian shall provide the
department with:
(1) Written authorization for the
self-administration of medication or the emergency administration of glucagon;
(2) In the case of self-administration of
medication, written certification from the student's physician stating that the
student:
(A) Has asthma, anaphylaxis, or
another potentially life-threatening illness; and
(B) Is capable of, and has been
instructed in, the proper method of self-administration of medication; and
(3) In the case of emergency administration
of glucagon to a student with diabetes, written certification from the
student's physician stating that the student has physician's orders that
glucagon may be administered by a volunteer.
(c) The department shall inform the student's parent or
guardian in writing that the department and its employees or agents shall not
incur any liability as a result of any injury arising from compliance with this
section.
(d) The student's parent or guardian shall sign a
statement acknowledging that:
(1) The department and its employees or
agents shall not incur any liability as a result of any injury arising from compliance
with this section; and
(2) The parent or guardian shall indemnify
and hold harmless the department and its employees or agents against any claims
arising out of compliance with this section.
(e) The permission
shall be effective for the school year for which it is granted and shall be
renewed for each subsequent school year upon the fulfillment of the
requirements in this section.
(f) Notwithstanding any other law to the contrary, a
student who is permitted to self-administer medication under this section shall
be permitted to carry an inhaler or auto-injectable epinephrine, or both, at
all times if the student does not endanger the student's person or other
persons through the misuse of the inhaler; provided that the department, its
employees or agents may confiscate a student's medication, inhaler, or
auto-injectable epinephrine if the student's self-administration of the
medication exceeds the student's prescribed dosage, or if the student endangers
others with the student's medication, inhaler, or auto-injectable epinephrine.
For the purposes of this section, the term
"inhaler" includes:
(1) Metered-dose, breath-actuated, and dry
powder inhalers; and
(2) Spacers and holding chambers.
(g) Any employee or agent who volunteers to administer
glucagon in an emergency situation to a student with diabetes shall receive
instruction in the proper administration of glucagon by a qualified health care
professional. A "qualified health care professional" means a licensed
physician, physician assistant, advanced practice registered nurse or
registered nurse, or certified diabetes educator. The student's parent or
guardian shall supply the school with the glucagon kit required to administer
the glucagon. The school shall store the glucagon kit in a secure but accessible
location.
(h) Any person, except for a qualified health care
professional providing the training required in subsection (g), who acts in
accordance with the requirements of this section shall be immune from any civil
or criminal liability arising from these acts, except where the person's
conduct would constitute gross negligence, willful and wanton misconduct, or
intentional misconduct."
Effective July 1, 2005.
Source for the information below: National Association of State Board of Education
Requirements
for Non-Certified Personnel to Administer Medication
Pre-service Requirement:
Hawaii does not have a policy outlining requirements for school health nurses.
However, HRS §321-245
(2002) allows schools to employ full-time school health aides and HRS §321-242
(1997) allows school health aides to assist students in administering oral and
topical medication. Health Rule §11-146-2 (1983)
defines a health aide as an “individual who is trained in standard first aid to
render first aid.”
Administration of Medications
Staff
Administration: Health Rule §11-146-4 (1983)
permits the school health aide to store or administer oral and topical physician
prescribed medication, provided that a request is made from the parent or
guardian and approved by the department of health. Further, the medication shall
be sent to the school by the parent or guardian in a properly labeled container
with the child’s name, name of the medication, dosage, time to be given, and
name of prescribing physician. HB 1550
(2005) allows department employees who have received instruction from a
qualified health professional to volunteer to administer medication, except
insulin, to students with diabetes in an emergency
situation.
Self-Administration:
HRS §302A-1164
(2004) requires the department of education to permit the self-administration of
medication by a student for asthma or other potentially life-threatening
illnesses. The law also allows students to carry an inhaler and auto-injector
epinephrine and requires the student's parent or guardian to sign a statement
acknowledging that the district and its employees are not liable for any injury
arising from the self-administration of medication. HB 1550
(2005) permits students to self-administer medication for asthma, anaphylaxis,
or other potentially life-threatening illnesses provided written authorization
has been given by the student’s physician and a signed statement by the
parents/guardians that the department and its employees are not to incur any
liability for any injury resulting from the self-administration of medication.
The student is also permitted to carry an inhaler or auto-injectable epinephrine
or both if does not endanger him/herself or others from the misuse of the
inhaler.
Individual
Health Plan for Students
Education Rules §8-56-38
(2000) and §8-56-2
(2000) require that school health services must be provided to students and
included in an individualized education plan.
|