SB 2612

THE SENATE
S.B. NO.
2612
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to medication ADMINISTRATION in schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The legislature finds that students
with disabilities who require prescribed medications during school hours depend
on medical support to attend school regularly and participate fully in
educational activities. �School staff
play a critical role in ensuring these students receive necessary treatments as
part of the comprehensive support services required under federal and state
law. �However, public school personnel
acting in good faith and in the interest of the State to support these students
may be exposed to personal liability when administering medications. �
���� Accordingly,
the purpose of this Act is to establish clear liability protections for school
personnel who provide medications in accordance with proper protocols, consent,
and medical authorization, thereby strengthening the existing legal framework
that supports the attendance, access, and ultimate educational success of
students with disabilities receiving health-related services.
���� SECTION
2.� Section
302A-853, Hawaii Revised Statutes, is amended to read as follows:
���� "�302A-853�
Administration of medication.� (a)�
School health assistants, and
public school 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 physician or
physician assistant licensed pursuant to chapter 453, an advanced practice
registered nurse with prescriptive authority licensed pursuant to chapter 457,
or by another licensed health care 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.
���� (b)� The department and its employees and agents
who act 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, wilful and wanton
misconduct, or intentional misconduct.
���� [[(b)]] (c)�
For purposes of this section, "health care professional" means
a physician, surgeon, and other professional licensed pursuant to chapter 453,
or nurse licensed pursuant to chapter 457."
���� 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.
INTRODUCED BY:
_____________________________
Report Title:
DOE; Medication
Administration; School Health Assistants; Public School Employees and Agents; Immunity;
Civil or Criminal Liability
Description:
Clarifies
that the Department of Education and its employees and agents shall be immune
from any civil or criminal liability arising from assisting students with the
administration of medication under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.