2013 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.838 Emergency administration of diabetes and seizure disorder medications -- Required written statements -- Limitation on liability --- Renewal of permission -- Expiration dates of medication.
Download as PDF
158.838 Emergency administration of diabetes and seizure disorder
medications -- Required written statements -- Limitation on liability --Renewal of permission -- Expiration dates of medication.
(1)
(2)
(3)
(4)
(5)
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 the following medication in an
emergency:
(a) Glucagon subcutaneously, using a glucagon emergency kit, 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; and
(b) Diazepam rectal gel in a prefilled unit-dose delivery system.
Prior to administering glucagon or diazepam rectal gel 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.
The frequency that the medication may be administered; and
6.
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 to treat
a hypoglycemic 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 to treat
a hypoglycemic 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 either glucagon or diazepam rectal gel
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
(6)
(7)
(8)
(4) of this section.
The school nurse or school administrator shall check the expiration date
monthly for each emergency glucagon kit or diazepam rectal gel prefilled
unit-dose delivery system 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.
The requirements of subsections (1) to (6) of this section shall apply only to
schools that have a student enrolled who:
(a) Has a seizure disorder and has diazepam rectal gel in a prefilled
unit-dose delivery system prescribed by the student's health care
provider; or
(b) Has diabetes mellitus and has a glucagon emergency kit prescribed by
the student's health care provider.
Nothing in this section shall be construed to require a school employee to
consent to administer glucagon or diazepam rectal gel to a student if the
employee does not otherwise consent to provide the health service under KRS
156.502.
Effective:June 20, 2005
History: 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.