STAND. COM. REP. NO. 2474

Honolulu, Hawaii

RE: S.B. No. 2612

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Education and Health and Human Services, to which was referred S.B. No. 2612 entitled:

"A BILL FOR AN ACT RELATING TO MEDICATION ADMINISTRATION IN SCHOOLS,"

beg leave to report as follows:

The purpose and intent of this measure is to clarify 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.

Your Committees received testimony in support of this measure from the Department of Education, Department of Health, American Lung Association Hawaiʻi; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaiʻi Primary Care Association; Hawaiʻi Health & Harm Reduction Center; and one individual.

Your Committees received testimony in opposition to this measure from one individual.

Your Committees received comments on this measure from Hawaii Association for Justice.

Your Committees find that school staff play a critical role in ensuring students with disabilities receive necessary medical support to attend school and participate in educational activities as required under state and federal law. The Department of Education's protocols ensure that school staff administering medications to students only do so with an authorized, pharmacy‑dispensed prescription; consent of a parent or guardian; and oversight by registered nurses. Nevertheless, school staff administering medications in good faith may face personal liability despite following proper protocols. This measure will establish liability protections for school staff administering medication in good faith, expanding student access to prescription and emergency medications.

As affirmed by the records of votes of the members of your Committees on Education and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2612 and recommend that it pass Second Reading and be referred to your Committee on Judiciary.

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

________________________________ JOY A. SAN BUENAVENTURA, Chair

________________________________ DONNA MERCADO KIM, Chair