REPORT TITLE:
School Health

DESCRIPTION:
Requires the DOH to be responsible for occupational and physical
therapy for exceptional children; clarifies required immunization
documentation; changes health certificate form to health record
form; adds physical examination and standards for documentation
of compliance with school health requirements.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2521
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SCHOOL HEALTH REQUIREMENTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 302A-442, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]302A-442[]]  Occupational therapy services, physical
 
 4 therapy services, school health services, mental health services,
 
 5 psychological services, and medical services for diagnostic or
 
 6 evaluative purposes.  The department of health, within the funds
 
 7 available, shall be responsible for the related services of
 
 8 [occupational therapy, physical therapy,] school health, mental
 
 9 health, psychological, and medical services for evaluation or
 
10 diagnostic purposes, and, within the funds available, shall
 
11 provide for those exceptional children who need these services
 
12 and who attend public school in the State.  The department of
 
13 education shall be responsible for occupational therapy and
 
14 physical therapy for exceptional children needing these services
 
15 who attend public school in the State.  The department of health
 
16 shall work in cooperation with the department of education to
 
17 implement this section.  The procedures to implement this section
 
18 shall be in accordance with the department of health's and
 
19 department of education's rules[.], as applicable."
 

 
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 1      SECTION 2.  Section 302A-1154, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "302A-1154 Immunization upon entering school; tuberculosis
 
 4 clearance.(a)  No child shall attend any school in the State
 
 5 unless the child presents to the appropriate school official
 
 6 [certification from a licensed physician or advanced practice
 
 7 registered nurse stating] documentation satisfactory to the
 
 8 department of health that the child has received immunizations
 
 9 against communicable diseases as required by the department of
 
10 health.
 
11      (b)  No child shall be admitted to attend any school for the
 
12 first time in the State unless the child presents to the
 
13 appropriate school official [certification from a licensed
 
14 physician, advanced practice registered nurse, or other
 
15 authorized personnel stating] documentation satisfactory to the
 
16 department of health that the child has [received a tuberculin
 
17 test or x-ray] been examined and tested according to the rules of
 
18 the department and is free from tuberculosis in a communicable
 
19 form."
 
20      SECTION 3.  Section 302A-1155, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  A child may enter school provisionally upon submitting
 
23 written [proof] documentation from a licensed physician, advanced
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 practice registered nurse, or an authorized representative of the
 
 2 department of health stating that the child is in the process of
 
 3 receiving the required immunizations.  Further [certification]
 
 4 documentation showing that the required immunizations have been
 
 5 completed must be submitted to the appropriate school official no
 
 6 later than three months after the child first entered the school.
 
 7 If all of the required immunizations cannot be completed within
 
 8 three months due to the length of the minimum intervals between
 
 9 doses of a particular vaccine required by the department of
 
10 health, provisional admission may be extended so long as the
 
11 child's parent or guardian provides [proof] documentation that
 
12 appointments for required immunizations have been made and that
 
13 progress toward completing the immunizations continues in
 
14 accordance with the requirements of the department of health."
 
15      SECTION 4.  Section 302A-1159, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "302A-1159  Physical examination required.  No child shall
 
18 be admitted to any school for the first time in the State unless
 
19 the child presents to the appropriate school official a
 
20 [certification] report from a licensed physician or advanced
 
21 practice registered nurse [stating that the child has undergone]
 
22 of the results of a physical examination[.  The physical
 
23 examination shall be] performed within a year of the date of
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1 entry into school.  A child may enter school provisionally upon
 
 2 submitting written [proof] documentation from a licensed
 
 3 physician, advanced practice registered nurse, or other
 
 4 authorized representative of the department of health stating
 
 5 that the child is in the process of undergoing a physical
 
 6 examination.  Further [certification] documentation showing that
 
 7 the required physical examination has been completed must be
 
 8 submitted to the appropriate school official no later than three
 
 9 months after the child first entered the school."
 
10      SECTION 5.  Section 302A-1160, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "302A-1160 [Health certificates.] Student's health record.
 
13 The department of education shall provide [health certificate]
 
14 student's health record forms for immunization and physical
 
15 examination to the schools, private physicians, advanced practice
 
16 registered nurses, and authorized personnel of the department of
 
17 health.  [Any immunization record signed by a licensed physician
 
18 or advanced practice registered nurse may be accepted by the
 
19 appropriate school official as certification of immunization if
 
20 the information is transferred to the health certificate form and
 
21 verified by the appropriate school official.]"
 
22      SECTION 6.  Section 302A-1162, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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                                     H.B. NO.           S.D. 1
                                                        
                                                        

 
 1      "[[]302A-1162[]]  Rules.  (a) The department of health
 
 2 shall adopt rules under chapter 91 relating to immunization,
 
 3 physical examination, and tuberculin testing under sections 302A-
 
 4 1154 to 302A-1163.  Immunizations required, and the manner and
 
 5 frequency of their administration, shall conform with recognized
 
 6 standard medical practices.  The list of diseases and minimum
 
 7 requirements for protection under sections 302A-1154 to 302A-1163
 
 8 may be revised whenever the department of health deems it
 
 9 necessary for the protection of public health.
 
10      (b)  The department shall establish by rule standards for
 
11 documentation of compliance with school health requirements under
 
12 sections 302A-1154 to 302A-1163."
 
13      SECTION 7.  All rights, powers, functions, and duties of the
 
14 school health occupational therapy/physical therapy program are
 
15 transferred from the department of health to the department of
 
16 education.  All officers and employees of the school health
 
17 occupational therapy/physical therapy program whose functions are
 
18 transferred by this Act shall be transferred with their functions
 
19 and shall continue to perform their regular duties upon their
 
20 transfer, subject to the state personnel laws and this Act.  No
 
21 officer or employee of the school health occupational
 
22 therapy/physical therapy program having tenure shall suffer any
 
23 loss of salary, seniority, prior service credit, vacation, sick
 

 
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 1 leave, or other employee benefit or privilege as a consequence of
 
 2 this Act.
 
 3      SECTION 8.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 9.  This Act shall take effect on July 1, 2020.