UNOFFICIAL COPY 25 RS BR 1334
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AN ACT relating to intranasal epinephrine. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.832 is amended to read as follows: 3
As used in KRS 158.830 to 158.838: 4
(1) "Anaphylaxis" means an allergic reaction resulting from sensitization following 5
prior contact with an antigen which can be a life-threatening emergency. 6
Anaphylaxis may be triggered by, among other agents, foods, drugs, injections, 7
insect stings, and physical activity; 8
(2) "Bronchodilator rescue inhaler" means medication used to relieve asthma 9
symptoms or respiratory distress along with devices and device components needed 10
to appropriately administer the medication, including but not limited to disposable 11
spacers; 12
(3) "Medications" means all medicines individually prescribed by a health care 13
practitioner for the student that pertain to his or her asthma or are used to treat 14
anaphylaxis, including but not limited to injectable or intranasal epinephrine 15
devices or bronchodilator rescue inhalers; 16
(4) "Health care practitioner" means a physician or other health care provider who has 17
prescriptive authority; 18
(5) "Self-administration" means the student's use of his or her prescribed asthma or 19
anaphylaxis medications, pursuant to prescription or written direction from the 20
health care practitioner; and 21
(6) "Seizure action plan" means a written, individualized health plan designed to 22
acknowledge and prepare for the health care needs of a student diagnosed with a 23
seizure disorder that is prepared by the student's treating physician. 24
Section 2. KRS 158.836 is amended to read as follows: 25
(1) Upon fulfilling the requirements of KRS 158.834, a student with asthma or a 26
student who is at risk of having anaphylaxis may possess and use medications to 27 UNOFFICIAL COPY 25 RS BR 1334
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treat the asthma or anaphylaxis when at school, at a school-sponsored activity, 1
under the supervision of school personnel, or before and after normal school 2
activities while on school properties including school-sponsored child care or after-3
school programs. 4
(2) A student who has a documented life-threatening allergy shall have: 5
(a) An injectable or intranasal epinephrine device provided by his or her parent 6
or guardian in his or her possession or in the possession of the school nurse, 7
school administrator, or his or her designee in all school environments that the 8
student may be in, including the classroom, the cafeteria, the school bus, and 9
on field trips; and 10
(b) A written individual health care plan in place for the prevention and proactive 11
management for the student in all school environments that the student may 12
be in, including the classroom, the cafeteria, the school bus, and on field trips. 13
The individual health care plan required under this paragraph may be 14
incorporated in the student's individualized education program required under 15
Pub. L. No. 94-142 or the student's 504 plan required under Pub. L. No. 93-16
112. 17
(3) (a) Each school is encouraged to keep an injectable or intranasal epinephrine 18
device in a minimum of two (2) locations in the school, including but not 19
limited to the school office and the school cafeteria, so that epinephrine may 20
be administered to any student believed to be having a life-threatening allergic 21
or anaphylactic reaction. Schools electing to keep injectable or intranasal 22
epinephrine devices shall maintain them in a secure, accessible, but unlocked 23
location. The provisions of this paragraph shall apply to the extent that the 24
injectable or intranasal epinephrine devices are donated to a school or a 25
school has sufficient funding to purchase the injectable or intranasal 26
epinephrine devices. 27 UNOFFICIAL COPY 25 RS BR 1334
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(b) Each school is encouraged to keep a bronchodilator rescue inhaler in a 1
minimum of two (2) locations in the school, including but not limited to the 2
school office and athletic office, so that bronchodilator rescue inhalers may be 3
administered to any student believed to be having asthma symptoms or 4
respiratory distress. Schools electing to keep bronchodilator rescue inhalers 5
shall maintain them in a secure, accessible, but unlocked location. The 6
provisions of this paragraph shall apply to the extent that the bronchodilator 7
rescue inhalers are donated to a school or a school has sufficient funding to 8
purchase the bronchodilator rescue inhalers. 9
(c) Each school electing to keep injectable or intranasal epinephrine devices or 10
bronchodilator rescue inhalers shall implement policies and procedures for 11
managing a student's life-threatening allergic reaction, anaphylactic reaction, 12
or asthma developed and approved by the local school board. 13
(d) The Kentucky Department for Public Health shall develop clinical protocols 14
in the school health section of the Core Clinical Service Guide manual that is 15
maintained in the county or district public health department to address 16
injectable or intranasal epinephrine devices and bronchodilator rescue 17
inhalers kept by schools under this subsection and to advise on clinical 18
administration of the injectable or intranasal epinephrine devices and 19
bronchodilator rescue inhalers. The protocols shall be developed in 20
collaboration with local health departments or local clinical providers and 21
local schools and local school districts. 22
(4) Any school employee authorized under KRS 156.502 to administer medication 23
shall not be liable for any civil damages for ordinary negligence in acts or 24
omissions resulting from the administration or the assistance in the administration 25
of epinephrine or a bronchodilator rescue inhaler to any student believed in good 26
faith to be having a life-threatening allergic or anaphylactic reaction or asthma 27 UNOFFICIAL COPY 25 RS BR 1334
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symptoms or respiratory distress. 1