2015 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.
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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.
5.
6.
(3)
(4)
(5)
(6)
(7)
(8)
The route of administration;
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.
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