2014 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.838 Emergency administration and self-administration of diabetes and seizure disorder medications – Required training -- Required written statements -- Limitation on liability --- Renewal of permission -- Expiration dates of medication -- Self-performance of diabetes care tasks -- Diabetes or seizure disorder not to prevent attendance at school the student would ordinarily attend.
Download as PDF
158.838 Emergency administration and self-administration of diabetes and
seizure disorder medications
Required training -- Required written
statements -- Limitation on liability --- Renewal of permission -- Expiration
dates of medication -- Self-performance of diabetes care tasks -- Diabetes
or seizure disorder not to prevent attendance at school the student would
ordinarily attend.
(1)
(2)
(a)
Beginning July 15, 2014, the board of each local public school district and
the governing body of each private and parochial school or school district
shall have at least one (1) school employee at each school who has met
the requirements of KRS 156.502 on duty during the entire school day to
administer or assist with the self-administration of the following
medication:
1.
Glucagon subcutaneously to students with diabetes who are
experiencing hypoglycemia or other conditions noted in the health
care practitioner's written statement under subsection (2)(b) of this
section;
2.
Insulin subcutaneously, through the insulin delivery method used by
the student and at the times and under the conditions noted in the
health care practitioner's written statement under subsection (2)(b)
of this section; and
3.
A seizure rescue medication approved by the United States Food
and Drug Administration and any successor agency.
(b) For those assigned the duties under paragraph (a) of this subsection, the
training provided under KRS 156.502 shall include instruction in
administering insulin and glucagon, as well as recognition of the signs
and symptoms of hypoglycemia and hyperglycemia and the appropriate
steps to be taken to respond to these symptoms.
(c) Any training program or guidelines adopted by any state agency for
training of school personnel in the diabetes care tasks covered by this
section shall be fully consistent with training programs and guidelines
developed by the American Diabetes Association. Notwithstanding any
state agency requirement or other law to the contrary, for purposes of this
training a local school district shall be permitted to use any adequate and
appropriate training program or guidelines for training of school personnel
in the diabetes care tasks covered under this section.
Prior to administering any of the medications listed under subsection (1)(a) of
this section to a student, the student's parent or guardian shall:
(a) Provide the school with a written authorization to administer the
medication at school;
(b) Provide a written statement from the student's health care practitioner,
which shall contain the following information:
1.
Student's name;
2.
The name and purpose of the medication;
3.
The prescribed dosage;
4.
The route of administration;
5.
6.
(3)
(4)
(5)
(6)
(7)
(8)
The frequency that the medication may be administered; and
The circumstances under which the medication may be
administered; and
(c) Provide the prescribed medication to the school in its unopened, sealed
package with the label affixed by the dispensing pharmacy intact.
The statements required in subsection (2) of this section shall be kept on file in
the office of the school nurse or school administrator.
The school district or the governing body of each private and parochial school
or school district shall inform the parent or guardian of the student that the
school and its employees and agents shall not incur any liability as a result of
any injury sustained by the student from any reaction to any medication listed
under subsection (1)(a) of this section that a parent or guardian has authorized
the school district to administer to a student to treat a hypoglycemic or
hyperglycemic episode or a seizure or its administration, unless the injury is the
result of negligence or misconduct on behalf of the school or its employees.
The parent or guardian of the student shall sign a written statement
acknowledging that the school shall incur no liability except as provided in this
subsection, and the parent or guardian shall hold harmless the school and its
employees against any claims made for any reaction to any medication listed
under subsection (1)(a) of this section that a parent or guardian has authorized
the school district to administer to a student to treat a hypoglycemic or
hyperglycemic episode or a seizure or its administration if the reaction is not
due to negligence or misconduct on behalf of the school or its employees.
The permission for the administration of any of the medications listed under
subsection (1)(a) of this section shall be effective for the school year in which it
is granted and shall be renewed each following school year upon fulfilling the
requirements of subsections (2) to (4) of this section.
The school nurse or school administrator shall check the expiration date
monthly for each medication listed under subsection (1)(a) of this section that is
in the possession of the school. At least one (1) month prior to the expiration
date of each medication, the school nurse or school administrator shall inform
the parent or guardian of the expiration date.
Upon the written request of the parent or guardian of the student and written
authorization by the student's health care practitioner, a student with diabetes
shall be permitted to perform blood glucose checks, administer insulin through
the insulin delivery system the student uses, treat hypoglycemia and
hyperglycemia, and otherwise attend to the care and management of his or her
diabetes in the school setting and at school-related activities. A student shall
be permitted to possess on his or her person at all times necessary supplies
and equipment to perform these monitoring and treatment functions. Upon
request by the parent or student, the student shall have access to a private
area for performing diabetes care tasks.
(a) Beginning July 15, 2014, a school district shall permit a student who has
diabetes or a seizure disorder to attend the same school the student
would attend if the student did not have diabetes or a seizure disorder.
Such a student may only be transferred to a different school based on
health care needs if the individualized education program team, the
Section 504 team, or, if appropriate, the student's health services team,
makes the determination that the student's health condition requires that
the student's care be provided by a licensed health care professional at a
different school. For the purpose of this determination, the teams shall
include the parent or guardian. The parent or guardian may invite the
student's treating physician to the team meeting and the team shall
consider the physician's input, whether in person or in written form, when
making this determination. This determination shall be based on
individualized factors related to the student's health conditions. A school
district shall not prohibit a student who has diabetes or a seizure disorder
from attending any school on the sole basis that:
1.
The student has diabetes or a seizure disorder;
2.
The school does not have a full-time school nurse; or
3.
The school does not have school employees who are trained in
accordance with KRS 156.502 and assigned to provide care under
this section.
(b) Parents or guardians of students who have diabetes or a seizure disorder
shall not be required or pressured by school personnel to provide care for
a student with diabetes or a seizure disorder during regular school hours
or during school-related activities in which the student is a participant. For
the purposes of this paragraph, a participant is not a student who merely
observes the activity.
(9) The requirements of subsections (1) to (8) of this section shall apply only to
schools that have a student enrolled who:
(a) Has a seizure disorder and has a seizure rescue medication approved by
the United States Food and Drug Administration and any successor
agency prescribed by the student's health care provider; or
(b) Has diabetes mellitus and has any of the medications listed under
subsection (1)(a) of this section prescribed by the student's health care
provider.
(10) Nothing in this section shall be construed to require a school employee to
consent to administer medications listed under subsection (1)(a) of this section
to a student if the employee does not otherwise consent to provide the health
service under KRS 156.502.
(11) Notwithstanding any other provision of the law to the contrary:
(a) The administration of the medications listed under subsection (1)(a) of
this section by school employees shall not constitute the practice of
nursing and shall be exempt from all applicable statutory and regulatory
provisions that restrict the activities that may be delegated to or
performed by a person who is not a licensed health care professional; and
(b) A licensed health care professional may provide training to or supervise
school employees in the administration of the medications listed under
subsection (1)(a) of this section.
Effective:March 5, 2014
History: Amended 2014 Ky. Acts ch. 3, sec. 2, effective March 5, 2014. -- Created
2005 Ky. Acts ch. 177, sec. 2, effective June 20, 2005.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.