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AN ACT relating to undesignated glucagon. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 3 of this Act: 5
(1) "Administer" means to directly apply glucagon; 6
(2) "Authorized entity" means a public, private, or parochial school that has a 7
trained individual present on the premises or officially associated with the entity 8
who is trained as required under Section 2 of this Act to receive and administer 9
undesignated glucagon; 10
(3) "Diabetes medical management plan" means a written, individualized health 11
plan designed to acknowledge and prepare for the health care needs of a student 12
diagnosed with diabetes that is prepared by the student's treating practitioner or 13
practitioner team; 14
(4) "Pharmacist" has the same meaning as in KRS 315.010; 15
(5) "Practitioner" has the same meaning as in KRS 217.015; 16
(6) "Trained individual" means an individual who has successfully completed an 17
approved education training program under KRS 158.838; and 18
(7) "Undesignated glucagon" means glucagon prescribed in the name of an 19
authorized entity or trained individual in accordance with Sections 1 to 3 of this 20
Act. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) A practitioner, acting within the practitioner's scope of practice, may prescribe 24
undesignated glucagon in the name of an authorized entity or trained individual 25
for use in accordance with this section. 26
(2) A pharmacist may dispense undesignated glucagon for a prescription issued in 27 UNOFFICIAL COPY 25 RS BR 1004
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the name of an authorized entity or trained individual. 1
(3) A trained individual who has successfully completed the training requirements 2
under KRS 158.838 may: 3
(a) Receive a prescription for undesignated glucagon from a practitioner or 4
pharmacist; and 5
(b) Administer undesignated glucagon in an emergency situation when a 6
school nurse or other licensed practitioner is not immediately available and 7
the trained individual believes in good faith that a student is experiencing 8
severe hypoglycemia or other conditions noted in that student's diabetes 9
medical management plan, regardless of whether that student has a 10
prescription for glucagon. 11
(4) An authorized entity that acquires and stocks a supply of undesignated glucagon 12
with a valid prescription shall: 13
(a) Store the undesignated glucagon in accordance with the manufacturer's 14
instructions and with any additional requirements established by the 15
Department for Public Health; and 16
(b) Designate a trained individual to be responsible for the storage, 17
maintenance, and general oversight of the undesignated glucagon acquired 18
by the authorized entity. 19
(5) Any authorized entity or trained individual that acquires and stocks a supply of 20
undesignated glucagon in accordance with this section shall notify an agent of 21
the local emergency medical services and the local emergency communications or 22
dispatch center of the existence, location, and type of glucagon acquired. 23
(6) Any authorized entity or trained individual that administers or provides 24
undesignated glucagon to a student who is experiencing severe hypoglycemia or 25
other conditions noted in that student's diabetes medical management plan shall 26
contact the student's parent, guardian, or emergency contact, and local 27 UNOFFICIAL COPY 25 RS BR 1004
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emergency medical services as soon as possible. 1
(7) The requirements of subsection (6) of this section shall not apply to any 2
individual who administers or provides undesignated glucagon if that individual 3
is acting as a Good Samaritan under KRS 313.035 and 411.148. 4
SECTION 3. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) Any authorized entity or trained individual that, in good faith and without 7
compensation, renders emergency care or treatment by the use of undesignated 8
glucagon under Sections 1 to 3 of this Act shall be immune from civil liability for 9
any personal injury resulting from the care or treatment, or resulting from any 10
act or failure to act in providing or arranging further medical treatment, if the 11
person acts as an ordinary, reasonably prudent person would have acted under 12
the same or similar circumstances. 13
(2) The immunity under subsection (1) of this section applies to: 14
(a) A practitioner who prescribes or authorizes the emergency use of 15
undesignated glucagon; 16
(b) A pharmacist who fills a prescription for undesignated glucagon; 17
(c) A trained individual who administers or provides undesignated glucagon; 18
(d) An authorized entity that acquires and stocks undesignated glucagon, or 19
provides undesignated glucagon to a trained individual; and 20
(e) An individual trainer or training entity providing the required training to a 21
trained individual. 22
(3) The immunity under subsection (1) of this section shall not apply if the personal 23
injury results from the gross negligence or willful or wanton misconduct of the 24
person rendering the care or treatment. 25