STAND. COM. REP. NO. 1042

Honolulu, Hawaii

, 2023

RE: H.B. No. 1046

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1046, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATIONAL HEALTH SERVICES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Replace statutory references to school health aides with school health assistants to reflect updated job titles; and

(2) Allow school health assistants to administer medication at school with the approval of a health care professional within the Department of Education, Department of Health, or a health care service pursuant to a written agreement with the Department of Education.

Your Committee received testimony in support of this measure from the Department of Education, Department of Health, University of Hawai‘i at Mānoa Nancy Atmosphera-Walch School of Nursing, Hawai‘i State Center for Nursing, and three individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Hawaii Medical Board.

Your Committee finds that the Department of Education has expanded access to health care on campus. Many schools have a registered nurse, advanced practice registered nurse, or other specialized health care provider on campus through written agreements with the Department of Education, such as school-based health centers from federally qualified health centers and the University of Hawaii at Manoa School of Nursing. This measure will provide flexibility to Department of Education staff and enable the provision of more efficient, accessible, and safe care to students by removing the requirement that school health assistants solely seek Department of Health approval for the administration of medications.

Your Committee has amended this measure by:

(1) Reinstating language that specified the exemption for school health assistants from the nursing licensing laws is limited to the administration of medication in schools; 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1046, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1046, H.D. 2.

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

____________________________

MARK M. NAKASHIMA, Chair