HB 1499: Department of Education; Administration of Medication; Students' Health and Safety

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF EDUCATION.

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

     SECTION 1.  The legislature finds that school health assistants under existing state law may administer medications to students in public schools.  However, due to vacancies, many schools experience challenges in meeting the needs of students who are prescribed medications or may benefit from receiving medications in emergency situations while on campus.

     The legislature further finds that school staff acting as volunteers can be an effective substitute after completing training and general instruction in tasks such as correctly interpreting the health care provider's orders; identifying the correct student to receive the medication; identifying the correct route of administration of medication, either oral or nasal; confirming the correct dosage; administering the medications at the right time; and duly documenting events.  Skilled nursing services, such as those that require a license, are out of scope for both school health assistants and trained volunteers.

     Accordingly, the purpose of this Act is to authorize public school employees or agents who have completed appropriate training to act as volunteer substitutes to administer medications to students consistent with standards applicable to school health assistants.

     SECTION 2.  Section 302A-853, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  School health assistants, and other employees and agents trained by a health care professional employed or contracted by the department, may assist students by administering oral, nasal, 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,] physician assistant, advanced practice registered nurse, or [by a] other practitioner with prescriptive authority;

     (3)  The administration of the medication is with the approval of a health care professional within the department, department of health, or health care service as defined in section 323D-2 pursuant to a written agreement with the department; and

     (4)  The administration of the medication is necessary for the health of the student and for the student's attendance at school."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Education; Administration of Medication; Students' Health and Safety

Description:

Expands the Department of Education's authority to allow more trained staff to volunteer to assist students with the administration of medication.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF EDUCATION.

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

     SECTION 1.  The legislature finds that school health assistants, pursuant to section 302A-853, Hawaii Revised Statutes, may administer medications to students in public schools.  However, due to vacancies, many schools experience challenges in meeting the needs of students who are prescribed medications or may benefit from receiving medications in emergency situations while on campus.

     The legislature further finds that school staff acting as volunteers can be an effective substitute after completing training and general instruction in tasks such as correctly interpreting the health care provider's orders; identifying the correct route of administration of medication, either oral or nasal; confirming the correct dosage; administering the medications at the right time; and duly documenting events.  Skilled nursing services, such as those that require a license, are out of scope for both school health assistants and trained volunteers.

     Accordingly, the purpose of this Act is to authorize public school employees or agents who have completed appropriate training to act as volunteer substitutes to administer medications to students consistent with standards applicable to school health assistants.

     SECTION 2.  Section 302A-853, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  School health assistants, and other employees and agents trained by a health care professional employed or contracted by the department, may assist students by administering oral, nasal, 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,] physician's assistant, advanced practice registered nurse, or [by a] other practitioner with prescriptive authority;

     (3)  The administration of the medication is with the approval of a health care professional within the department, department of health, or health care service as defined in section 323D-2 pursuant to a written agreement with the department; and

     (4)  The administration of the medication is necessary for the health of the student and for the student's attendance at school."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Education; Administration of Medication; Students' Health and Safety

Description:

Expands the Department of Education's authority to allow more trained staff to volunteer to assist students with the administration of medication.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the department of education.

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

     SECTION 1.  The legislature finds that school health assistants, pursuant to section 302A-853, Hawaii Revised Statutes, may administer medications to students in public schools.  However, due to vacancies, many schools experience challenges in meeting the needs of students who are prescribed medications or may benefit from receiving medications in emergency situations while on campus.

     The legislature further finds that school staff acting as volunteers can be an effective substitute after completing training and general instruction in tasks such as correctly interpreting the health care provider's orders; identifying the correct route of administration of medication, either oral or nasal; confirming the correct dosage; administering the medications at the right time; and duly documenting events.  Skilled nursing services such as those that require a license, are out of scope for both school health assistants and trained volunteers.

     Accordingly, the purpose of this Act is to authorize public school employees or agents who have completed appropriate training to act as volunteer substitutes to administer medications to students consistent with standards applicable to school health assistants.

     SECTION 2.  Section 302A-853, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§302A-853  Administration of medication.  (a)  School health assistants, and other employees and agents trained by a health care professional employed or contracted by the department, may assist students by administering oral, nasal, 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,] physician's assistant, advanced practice registered nurse, or [by a] other practitioner with prescriptive authority;

     (3)  The administration of the medication is with the approval of a health care professional within the department, department of health, or health care service as defined in section 323D-2 pursuant to a written agreement with the department; and

     (4)  The administration of the medication is necessary for the health of the student and for the student's attendance at school."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Department of Education; Administration of Medication; Students' Health and Safety

Description:

Expands the Department of Education's authority to allow more trained staff to volunteer to assist students with the administration of medication.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1045

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1499

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1499, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to authorize public school employees or agents who have completed appropriate training to act as volunteer substitutes to administer medications to students consistent with standards applicable to school health assistants.

     Your Committee received testimony in support of this measure from the Department of Education; Department of Health; University of Hawaiʻi at Mānoa School of Nursing and Dental Hygiene; University of Hawaiʻi at Mānoa John A. Burns School of Medicine; Hawaiʻi State Center for Nursing; and three individuals.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that access to certain medications during school may be necessary for the attendance of students with a health condition.  School health assistants play a vital student support role by administering needed medications to students.  Under existing law, only school health assistants are authorized to administer routine medications.  The reliance on a single person naturally creates challenges to consistent and efficient application and service delivery.  The school health assistants cannot be in multiple locations at once, such as field trips, emergencies, or while assisting other students.  This measure expands the pool of authorized persons to administer medications to properly trained volunteers, which will help maintain continuity of health services while upholding established safety and training standards.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1499, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1499, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  461

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1499

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 1499 entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to authorize public school employees or agents who have completed appropriate training to act as volunteer substitutes to administer medications to students.

     Your Committee received testimony in support of this measure from the Department of Education; Department of Health; University of Hawaiʻi at Mānoa School of Nursing and Dental Hygiene; University of Hawaiʻi at Mānoa John A. Burns School of Medicine; Hawaiʻi State Center for Nursing; Environmental Caucus of the Democratic Party of Hawaiʻi; and nine individuals.

     Your Committee finds that school health assistants may administer medications to students in state public schools.  However, due to vacancies, many schools face challenges in meeting the needs of students who are prescribed medications or may benefit from receiving medications in emergency situations while on campus.  Your Committee believes that school staff acting as volunteers can be an effective substitute for school health assistants after completing training and general instruction in certain tasks.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000; and

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

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1499, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1499, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Education,