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AN ACT relating to the emergency administration of medication in schools. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 158.838 is amended to read as follows: 3
(1) (a) Beginning July 15, 2014, the board of each local public school district and the 4
governing body of each private and parochial school or school district shall 5
have at least one (1) school employee at each school who has met the 6
requirements of KRS 156.502 on duty during the entire school day to 7
administer or assist with the self-administration of the following medication: 8
1. Glucagon subcutaneously to students with diabetes who are 9
experiencing hypoglycemia or other conditions noted in the health care 10
practitioner's written statement under subsection (2)(a)2. of this section; 11
2. Insulin subcutaneously, through the insulin delivery method used by the 12
student and at the times and under the conditions noted in the health care 13
practitioner's written statement under subsection (2)(a)2. of this section; 14
[and] 15
3. A seizure rescue medication or medication prescribed to treat seizure 16
disorder symptoms approved by the United States Food and Drug 17
Administration and any successor agency; and 18
4. Naloxone in accordance with KRS 217.186. 19
(b) For those assigned the duties under paragraph (a) of this subsection, the 20
training provided under KRS 156.502 shall include instruction in 21
administering: 22
1. Insulin and glucagon, as well as recognition of the signs and symptoms 23
of hypoglycemia and hyperglycemia and the appropriate steps to be 24
taken to respond to these symptoms; [and] 25
2. Seizure medications, as well as the recognition of the signs and 26
symptoms of seizures and the appropriate steps to be taken to respond to 27 UNOFFICIAL COPY 22 RS BR 913
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these symptoms; and 1
3. Naloxone as required under KRS 217.186. 2
(c) Any training program or guidelines adopted by any state agency for training of 3
school personnel in the diabetes care tasks covered by this section shall be 4
fully consistent with training programs and guidelines developed by the 5
American Diabetes Association. Notwithstanding any state agency 6
requirement or other law to the contrary, for purposes of this training a local 7
school district shall be permitted to use any adequate and appropriate training 8
program or guidelines for training of school personnel in the diabetes care 9
tasks covered under this section. 10
(d) Any training program or guidelines adopted by any state agency for training of 11
school personnel in the health care needs of students diagnosed with a seizure 12
disorder shall be fully consistent with best practice guidelines from medical 13
professionals with expertise in seizure treatment. 14
(2) (a) Prior to administering any of the medications listed under 15
subparagraphs[subsection (1)(a)] 1., 2., and 3. of subsection (1)(a) of this 16
section to a student, the student's parent or guardian shall: 17
1. Provide the school with a written authorization to administer the 18
medication at school; 19
2. Provide a written statement from the student's health care practitioner, 20
which shall contain the following information: 21
a. Student's name; 22
b. The name and purpose of the medication; 23
c. The prescribed dosage; 24
d. The route of administration; 25
e. The frequency that the medication may be administered; and 26
f. The circumstances under which the medication may be 27 UNOFFICIAL COPY 22 RS BR 913
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administered; and 1
3. Provide the prescribed medication to the school in its unopened, sealed 2
package with the label affixed by the dispensing pharmacy intact. 3
(b) In addition to the statements required in paragraph (a) of this subsection, the 4
parent or guardian of each student diagnosed with a seizure disorder shall 5
collaborate with school personnel to implement the seizure action plan. The 6
Kentucky Board of Education shall promulgate administrative regulations 7
establishing procedures for the implementation of seizure action plans. 8
(3) (a) The statements and seizure action plan required in subsection (2) of this 9
section shall be kept on file in the office of the school nurse or school 10
administrator. 11
(b) Any school personnel or volunteers responsible for the supervision or care of 12
a student diagnosed with a seizure disorder shall be given notice of the seizure 13
action plan, the identity of the school employee or employees trained in 14
accordance with subsection (1)(a) of this section, and the method by which the 15
trained school employee or employees may be contacted in the event of an 16
emergency. 17
(4) The school district or the governing body of each private and parochial school or 18
school district shall inform the parent or guardian of the student that the school and 19
its employees and agents shall not incur any liability as a result of any injury 20
sustained by the student from any reaction to any medication listed under 21
subparagraphs[subsection (1)(a)] 1., 2., and 3. of subsection (1)(a) of this section 22
that a parent or guardian has authorized the school district to administer to a student 23
to treat a hypoglycemic or hyperglycemic episode or a seizure or its administration, 24
unless the injury is the result of negligence or misconduct on behalf of the school or 25
its employees. The parent or guardian of the student shall sign a written statement 26
acknowledging that the school shall incur no liability except as provided in this 27 UNOFFICIAL COPY 22 RS BR 913
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subsection, and the parent or guardian shall hold harmless the school and its 1
employees against any claims made for any reaction to any medication listed under 2
subparagraphs[subsection (1)(a)] 1., 2., and 3. of subsection (1)(a) of this section 3
that a parent or guardian has authorized the school district to administer to a student 4
to treat a hypoglycemic or hyperglycemic episode or a seizure or its administration 5
if the reaction is not due to negligence or misconduct on behalf of the school or its 6
employees. 7
(5) The permission for the administration of any of the medications listed under 8
subparagraphs[subsection (1)(a)] 1., 2., and 3. of subsection (1)(a) of this section 9
shall be effective for the school year in which it is granted and shall be renewed 10
each following school year upon fulfilling the requirements of subsections (2) to (4) 11
of this section. 12
(6) The school nurse or school administrator shall check the expiration date monthly for 13
each medication listed under subsection (1)(a) of this section that is in the 14
possession of the school. At least one (1) month prior to the expiration date of each 15
medication, the school nurse or school administrator shall inform the parent or 16
guardian of the expiration date. 17
(7) Upon the written request of the parent or guardian of the student and written 18
authorization by the student's health care practitioner, a student with diabetes shall 19
be permitted to perform blood glucose checks, administer insulin through the 20
insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and 21
otherwise attend to the care and management of his or her diabetes in the school 22
setting and at school-related activities. A student shall be permitted to possess on 23
his or her person at all times necessary supplies and equipment to perform these 24
monitoring and treatment functions. Upon request by the parent or student, the 25
student shall have access to a private area for performing diabetes care tasks. 26
(8) (a) Beginning July 15, 2014, a school district shall permit a student who has 27 UNOFFICIAL COPY 22 RS BR 913
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diabetes or a seizure disorder to attend the same school the student would 1
attend if the student did not have diabetes or a seizure disorder. Such a student 2
may only be transferred to a different school based on health care needs if the 3
individualized education program team, the Section 504 team, or, if 4
appropriate, the student's health services team, makes the determination that 5
the student's health condition requires that the student's care be provided by a 6
licensed health care professional at a different school. For the purpose of this 7
determination, the teams shall include the parent or guardian. The parent or 8
guardian may invite the student's treating physician to the team meeting and 9
the team shall consider the physician's input, whether in person or in written 10
form, when making this determination. This determination shall be based on 11
individualized factors related to the student's health conditions. A school 12
district shall not prohibit a student who has diabetes or a seizure disorder from 13
attending any school on the sole basis that: 14
1. The student has diabetes or a seizure disorder; 15
2. The school does not have a full-time school nurse; or 16
3. The school does not have school employees who are trained in 17
accordance with KRS 156.502 and assigned to provide care under this 18
section. 19
(b) Parents or guardians of students who have diabetes or a seizure disorder shall 20
not be required or pressured by school personnel to provide care for a student 21
with diabetes or a seizure disorder during regular school hours or during 22
school-related activities in which the student is a participant. For the purposes 23
of this paragraph, a participant is not a student who merely observes the 24
activity. 25
(9) (a) The requirements in this section for seizure rescue medication identified 26
under subsection (1)(a)3.[of subsections (1) to (8)] of this section shall apply 27 UNOFFICIAL COPY 22 RS BR 913
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only to schools that have a student enrolled who[: 1
(a) ] has a seizure disorder and has a seizure rescue medication or medication 2
prescribed to treat seizure disorder symptoms approved by the United States 3
Food and Drug Administration and any successor agency prescribed by the 4
student's health care provider.[; or] 5
(b) The requirements in this section for diabetes medication identified under 6
subparagraphs 1. and 2. of subsection (1)(a) of this section shall apply only 7
to schools that have a student enrolled who has diabetes mellitus and has any 8
of the medications listed under subsection (1)(a) of this section prescribed by 9
the student's health care provider. 10
(10) Nothing in this section shall be construed to require a school employee to consent to 11
administer medications listed under subsection (1)(a) of this section to a student if 12
the employee does not otherwise consent to provide the health service under KRS 13
156.502. 14
(11) Notwithstanding any other provision of the law to the contrary: 15
(a) The administration of the medications listed under subsection (1)(a) of this 16
section by school employees shall not constitute the practice of nursing and 17
shall be exempt from all applicable statutory and regulatory provisions that 18
restrict the activities that may be delegated to or performed by a person who is 19
not a licensed health care professional; and 20
(b) A licensed health care professional may provide training to or supervise 21
school employees in the administration of the medications listed under 22
subsection (1)(a) of this section. 23