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;[Underlined: ]
(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.
[Underlined: (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.]
[[Struck through: (b)]] [Underlined: (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:
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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.