REPORT TITLE:
Hlth; Envir. Hazards; Children


DESCRIPTION:
Requires rules determining eligibility of exceptional children to
be established by department of health and department of
education.  Requires department of education to evaluate,
identify, and report to department of health any suspicious
increase or significant clusters of disease or illness suspected
to be related to environmental contamination.  Requires the
department of health to work cooperatively with department of
education to identify, investigate, and report to the public
concerning such significant clusters or increases of illness.
Eliminates the financial restriction on assistance to exceptional
children.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1663       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HEALTH.



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

 1      SECTION 1.  The legislature finds that, as the population of
 
 2 the State grows, housing developments and residential areas are
 
 3 being constructed on former agricultural lands or on locations
 
 4 formerly used by the military.  This situation is certain to
 
 5 increase as agriculture declines and additional lands become
 
 6 available for residential development.  Environmental health
 
 7 hazards in the soil as residue from pesticides or contaminated
 
 8 drinking water can remain undetected until significant clusters
 
 9 of disease or illness are identified.  Secret underground
 
10 military facilities, such as tunnels or bunkers, in which were
 
11 stored arms or chemicals, are also capable of causing
 
12 environmental health hazards.
 
13      The legislature also finds that significant clusters of
 
14 illness or disease are not readily identifiable until some
 
15 commonality occurs, such as proximate neighbors comparing notes
 
16 or children of the same age level entering a single neighborhood
 
17 school being enrolled in special education classes.  The
 
18 legislature also finds that some of the existing statutes
 
19 relative to this issue were created over a generation before new
 

 
Page 2                                                     
                                     H.B. NO.1663       
                                            
                                                        


 1 residential developments began to grow on former agricultural
 
 2 land and may need revising in view of current circumstances.
 
 3      The legislature further finds that when a significant
 
 4 cluster or increase of illness or disease occurs in a school and
 
 5 is identified by the faculty, it should be the responsibility of
 
 6 the principal and faculty to report their suspicions to the
 
 7 department of health.  The department of health, working in
 
 8 cooperation with the department of education, should be
 
 9 responsible for the related health services.  Finally, the
 
10 legislature finds that the department of health also should have
 
11 the authority to pool the resources of other state departments,
 
12 such as the department of agriculture, the department of land and
 
13 natural resources, and the University of Hawaii, to investigate,
 
14 analyze, and resolve reports of significant clusters or increases
 
15 of illness or disease occurring in a school.
 
16      Accordingly, the purpose of this Act is to assign
 
17 responsibility to and clarify the duties of the department of
 
18 health with respect to any significant increase or cluster of
 
19 disease or illness at a school that is suspected to be related to
 
20 environmental contamination.
 
21      SECTION 2.  Section 302A-439, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
Page 3                                                     
                                     H.B. NO.1663       
                                            
                                                        


 1      "[[]§302A-439[]]  Eligibility standards.  The eligibility of
 
 2 exceptional children for instruction, special facilities, and
 
 3 special services shall be determined in accordance with [those
 
 4 standards established] rules adopted by the department of
 
 5 [education.] health."
 
 6      SECTION 3.  Section 302A-442, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]§302A-442[]]  Studies, surveys, rules.  The department
 
 9 of education shall evaluate, identify, and report to the
 
10 department of health any suspicious increase or significant
 
11 clusters of disease or illness suspected to be related to
 
12 environmental contamination and reported by a school.  The
 
13 department of education shall [establish and make such] adopt
 
14 rules and conduct any studies, surveys, and evaluations[, and
 
15 rules and regulations as] that are necessary to carry out the
 
16 purposes of sections 302A-436 to 302A-443."
 
17      SECTION 4.  Section 302A-442, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§302A-442[]]  Occupational therapy services, physical
 
20 therapy services, school health services, mental health services,
 
21 psychological services, and medical services for diagnostic or
 
22 evaluative purposes.  The department of health, within the funds
 
23 available, shall be responsible for the related services of
 

 
Page 4                                                     
                                     H.B. NO.1663       
                                            
                                                        


 1 occupational therapy, physical therapy, school health, mental
 
 2 health, psychological, and medical services for evaluation or
 
 3 diagnostic purposes and, within the funds available, shall
 
 4 provide for those exceptional children who need these services
 
 5 and who attend public school in the State.  The department of
 
 6 health shall work in cooperation with the department of education
 
 7 to implement this section[.] and to identify, investigate, and
 
 8 report to the public any findings relating to the presence or
 
 9 absence of significant clusters or increases of illness or
 
10 disease suspected to be caused by environmental health hazards.
 
11 The department of health shall have the authority to pool
 
12 resources of other state departments to conduct the necessary
 
13 investigation.  The procedures to implement this section shall be
 
14 in accordance with the department of health's rules."
 
15      SECTION 5.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 6.  This Act shall take effect upon its approval.
 
18 
 
19 
 
20                           INTRODUCED BY:  _______________________