Self-administration of medication by student
HRS §302A-1164
in effect302A-1164. Self-administration of medication by student
and emergency administration; self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring; permitted. (a) The department shall permit:
(1) The self-administration of:
(A) Medication by a student for asthma,
anaphylaxis, diabetes, or other potentially life‑threatening illnesses; and
(B) Blood glucose monitoring by a student;
and
(2) Department employees and agents to volunteer to
administer:
(A) Insulin or assist a student in
administering insulin via the insulin delivery system that the student uses;
(B) Glucagon in an emergency situation to
students with diabetes;
(C) Auto-injectable epinephrine in an
emergency situation to students with anaphylaxis; or
(D) Blood glucose monitoring or assist a
student with blood glucose monitoring.
(b) The student's parent or guardian shall
provide the department with:
(1) Written authorization for the self-administration
of medication or the emergency administration of glucagon or auto-injectable
epinephrine;
(2) In the case of self‑administration of medication:
(A) Written certification from the student's
physician, advanced practice registered nurse, or physician assistant stating
that the student with diabetes may perform the student's own blood glucose
checks, administer insulin through the student's insulin delivery system, and
otherwise attend to the care and management of the student's diabetes during
any school-related activity, and that the student may possess on the student's
person all necessary supplies and equipment to perform the diabetes monitoring
and treatment activities, if applicable; and
(B) Written certification from the student's
physician, advanced practice registered nurse, or physician assistant stating
that the student:
(i) Has asthma, anaphylaxis, or another
potentially life-threatening illness; and
(ii) Is capable of, and has been instructed in,
the proper method of self-administration of medication or blood glucose
monitoring; and
(3) In the case of administration of insulin or
emergency administration of glucagon to a student with diabetes, blood glucose
monitoring of a student, or auto-injectable epinephrine to a student with
anaphylaxis, written certification from the student's physician, advanced
practice registered nurse, or physician assistant stating that the student has
medical orders that insulin, glucagon, blood glucose monitoring, or
auto-injectable epinephrine may be administered by a volunteer.
(c) The department shall inform the student's
parent or guardian in writing that the department and its employees or agents
shall not incur any liability as a result of any injury arising from compliance
with this section.
(d) The student's parent or guardian shall
sign a statement acknowledging that:
(1) The department and its employees or agents shall
not incur any liability as a result of any injury arising from compliance with
this section; and
(2) The parent or guardian shall indemnify and hold
harmless the department and its employees or agents against any claims arising
out of compliance with this section.
(e) The permission shall be effective for the
school year for which it is granted and shall be renewed for each subsequent
school year upon the fulfillment of the requirements in this section.
(f) Notwithstanding any other law to the
contrary, a student who is permitted to self-administer medication under this
section shall be permitted to carry an inhaler or auto‑injectable epinephrine,
or both, at all times if the student does not endanger the student's person or
other persons through the misuse of the inhaler; provided that the department,
its employees or agents may confiscate a student's medication, inhaler, or
auto-injectable epinephrine if the student's self‑administration of the
medication exceeds the student's prescribed dosage, or if the student endangers
others with the student's medication, inhaler, or auto-injectable epinephrine.
For the purposes of this section, the term
"inhaler" includes:
(1) Metered-dose, breath-actuated, and dry powder
inhalers; and
(2) Spacers and holding chambers.
(g) Any employee or agent who volunteers to
administer insulin or glucagon in an emergency situation to a student with
diabetes or auto-injectable epinephrine to a student with anaphylaxis or who
volunteers to administer or assist a student with blood glucose monitoring shall
receive instruction in the proper administration of insulin, glucagon,
auto-injectable epinephrine, or blood glucose monitoring by a qualified health
care professional. A "qualified health care professional" means a
licensed physician, physician assistant, advanced practice registered nurse or
registered nurse, or certified diabetes educator. The student's parent or
guardian shall supply the school with the glucagon kit required to administer
the glucagon, any supplies necessary to administer insulin, blood glucose
monitoring, or with auto-injectable epinephrine supplies to administer
epinephrine. The school shall store the glucagon kit, insulin supplies, blood
glucose monitoring supplies, or auto-injectable epinephrine supplies in a secure
but accessible location.
(h) Any person, except for a qualified health
care professional providing the training required in subsection (g), who acts
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.
[L 2004, c 19, §1; am L 2005, c 207, §1; am L 2009, c
151, §10; am L 2015, c 214, §1; am L 2016, c 10, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-1164.htmFetched: 11/10/2026