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HB1717 • 2026

RELATING TO STUDENT HEALTH.

RELATING TO STUDENT HEALTH.

Education Parental Rights
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
POEPOE, AMATO, CHUN, EVSLIN, HUSSEY, ILAGAN, IWAMOTO, KAHALOA, KAPELA, KILA, KUSCH, MARTEN, MATAYOSHI, MIYAKE, MORIKAWA, OLDS, PERRUSO, QUINLAN, TAKAYAMA, TAKENOUCHI
Last action
2026-02-12
Official status
The committee(s) on EDN recommend(s) that the measure be deferred.
Effective date
Not listed

Plain English Breakdown

The official source does not provide details about specific amounts of medicine schools should store.

Student Health: Allergy Medication in Schools

This bill allows schools to keep a supply of over-the-counter allergy medicine and lets school staff give this medicine to students under specific conditions.

What This Bill Does

  • Allows schools to store over-the-counter oral antihistamines for use by students with allergies.
  • Permits trained school staff to administer these medicines to students when needed, provided the student has a current allergy response protocol and written consent from parents or guardians.

Who It Names or Affects

  • Students with allergies
  • Schools and their staff

Terms To Know

Allergy response protocol
A plan written by a doctor that tells how to handle an allergic reaction, including what medicine to use.
Over-the-counter oral antihistamine
Medicine for allergies that you can buy without a prescription from the doctor.

Limits and Unknowns

  • The bill does not specify how much of the medicine schools should keep.
  • It is unclear when or if this bill will become law since it has been deferred by the committee.

Bill History

  1. 2026-02-12 H

    The committee(s) on EDN recommend(s) that the measure be deferred.

  2. 2026-02-10 H

    Bill scheduled to be heard by EDN on Thursday, 02-12-26 2:00PM in House conference room 309 VIA VIDEOCONFERENCE.

  3. 2026-01-26 H

    Referred to EDN, JHA, referral sheet 1

  4. 2026-01-21 H

    Introduced and Pass First Reading.

  5. 2026-01-20 H

    Prefiled.

Official Summary Text

RELATING TO STUDENT HEALTH.
Department of Education; Over-the-counter Oral Antihistamines; Stock Supply; Administration
Authorizes a school to maintain a stock supply of over-the-counter oral antihistamines to be administered under certain conditions. Authorizes school personnel to administer the over-the-counter oral antihistamine medication, under certain conditions.

Current Bill Text

Read the full stored bill text 
HB1717

HOUSE OF REPRESENTATIVES

H.B. NO.

1717

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to student health
.

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

����
SECTION 1.
�
The legislature finds that while state
policies regarding the storage and administration of epinephrine are
established and implemented, ambiguity remains regarding the authority of
schools and school personnel to store and administer over-the-counter oral
antihistamines as part of an allergy response protocol.

����
The
purpose of this Act is to ensure that students with documented allergies
receive timely, physician-directed care while under the care of the department
of education by clarifying the authority of and establishing clear procedures
for schools and school personnel to store and administer over-the-counter oral
antihistamines.

����
SECTION 2.
�
Chapter 302A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�302A-
�
Over-the-counter oral antihistamines;
stock supply; administration.
�
(a)
�
Each school may maintain a stock supply of or
otherwise store over-the-counter oral antihistamines in a secure but accessible
location consistent with emergency response best practices, to be administered
by school personnel to any student as needed, subject to the conditions of
subsection (b).

����
(b)
�
School personnel may administer an
over-the-counter oral antihistamine to a student; provided that:

����
(1)
�
The
over-the-counter oral antihistamine is prescribed or recommended otherwise
approved by the student's licensed physician or authorized health care
provider;

����
(2)
�
The student has
a current allergy response protocol on file with the school; and

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(3)
�
The parent or
guardian of the student has provided written consent for the over-the-counter
oral antihistamine's storage and administration.

����
(c)
�
The department shall ensure that all
personnel assigned to administer over-the-counter oral antihistamine pursuant
to this section are trained through a training program adopted by rule in
accordance with chapter 91 for the training of school personnel in the health
care needs of students who require the use of antihistamines; provided that the
training shall include:

����
(1)
�
Recognizing
signs and symptoms of allergic reactions;

����
(2)
�
Proper
administration of over-the-counter oral antihistamines;

����
(3)
�
Emergency
procedures, including when to activate emergency medical services; and

����
(4)
�
Any
documentation requirements as determined by the department.

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(d)
�
Any school or school personnel who acts in
accordance with the requirements of this section shall be immune from any civil
liability arising from these acts, except where the conduct of the school or
person would constitute gross negligence, wilful and wanton misconduct, or intentional
misconduct.
�
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.

����
(e)
�
The department shall adopt rules under
chapter 91 necessary to carry out the purposes of this section, including to
develop standardized forms to receive consent for the administration of
over-the-counter oral antihistamines and allergy response protocols.

����
(f)
�
For the purposes of this section:

����
"Allergy response
protocol" means a written medical plan developed by a licensed physician
or other authorized health care provider that outlines prescribed steps for
responding to a student's allergic reaction, including the use of over-the-counter
oral antihistamines.

����
"Over-the-counter oral
antihistamine" means any antihistamine medication approved by the United
States Food and Drug Administration for oral use that can be obtained without a
prescription.

����
"School personnel"
means any employee of the school or school district who has completed the required
training under this section.
"

����
SECTION
3.
�
New statutory material is
underscored.

����
SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Education; Over-the-counter Oral Antihistamines; Stock Supply;
Administration

Description:

Authorizes
a school to maintain a stock supply of over-the-counter oral antihistamines to
be administered under certain conditions.
�

Authorizes school personnel to administer the over-the-counter oral
antihistamine medication, under certain conditions.

The summary description
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not legislation or evidence of legislative intent.