STAND. COM. REP. NO. 3012

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1777

       H.D. 2

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

 

Madam:

 

     Your Committees on Education and Health, to which was referred H.B. No. 1777, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO EDUCATION,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Authorize Department of Education employees and agents with specified training to volunteer to administer auto-injectable epinephrine to a student with anaphylaxis;

 

     (2)  Authorize the Department of Education to make arrangements to receive injectable epinephrine supplies from manufacturers or suppliers; and

 

     (3)  Make an appropriation to the Department of Education for instruction, training, and related expenses.

 

     Your Committees received testimony in support of this measure from the Department of Education; Department of Health; Hawaii Association of Professional Nurses; Walgreens, Co.; Mylan, Inc.; and Hawaii Association for Justice.

 

     Your Committees find that this measure is necessary to clarify that Department of Education employees and agents may volunteer to administer epinephrine to a student with anaphylaxis.

 

     Your Committees further find that it is imperative that Department of Education employees and agents who volunteer to administer epinephrine to a student with anaphylaxis are given proper instruction on the administration of epinephrine.

 

     Your Committees have amended this measure by:

 

     (1)  Inserting language to establish a five-year pilot program within the Department of Education, in collaboration with the Department of Health, to provide auto-injectable epinephrine to any student or other individual 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, whom designated school personnel believes in good faith is experiencing anaphylaxis;

 

     (2)  Authorizing the Department of Education to maintain a stock of auto-injectable epinephrine supplies as part of the pilot project;

 

     (3)  Providing that an authorized health care provider may prescribe auto-injectable epinephrine to a school participating in the pilot program;

 

     (4)  Authorizing pharmacists and authorized health care providers to dispense auto-injectable epinephrine pursuant to a prescription issued under the pilot program;

 

     (5)  Requiring training for any Department of Education employee or agent who volunteers to administer auto-injectable epinephrine under the pilot program;

 

     (6)  Inserting language providing immunity from civil or criminal liability to any person acting in accordance with the requirements of the pilot program, with certain exceptions for gross negligence, wilful and wanton misconduct, and intentional misconduct;

 

     (7)  Requiring the Department of Education, in collaboration with the Department of Health, to submit an annual report to the Legislature for the duration of the pilot program;

 

     (8)  Inserting an effective date of July 1, 2030, to encourage further discussion; and

 

     (9)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     Your Committees note that there are still concerns about the liability exemptions provided in this measure and if this measure is considered for passage by your Committee on Ways and Means, your Committees recommend examining how other jurisdictions handle the issue of liability as it relates to the subject matter covered by this measure.

 

     As affirmed by the records of votes of the members of your Committees on Education and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1777, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1777, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Education and Health,

 

____________________________

JOSH GREEN, Chair

 

____________________________

JILL N. TOKUDA, Chair