2014 Kentucky Revised Statutes CHAPTER 156 - DEPARTMENT OF EDUCATION 156.502 Health services in school setting -- Designated provider -- Liability protection.
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156.502 Health services in school setting -- Designated provider -- Liability
protection.
(1)
(2)
(3)
As used in this section:
(a) "Health services" means the provision of direct health care, including the
administration of medication; the operation, maintenance, or health care
through the use of medical equipment; or the administration of clinical
procedures. "Health services" does not include first aid or emergency
procedures; and
(b) "School employee" means an employee of the public schools of this
Commonwealth.
Health services shall be provided, within the health care professional's current
scope of practice, in a school setting by:
(a) A physician who is licensed under the provisions of KRS Chapter 311;
(b) An advanced practice registered nurse, registered nurse, or licensed
practical nurse who is licensed under the provisions of KRS Chapter 314;
(c) A nonlicensed health technician that has the administration of health
services in his or her contract or job description as a job responsibility and
who is delegated responsibility to perform the health service by a
physician, advanced practice registered nurse, or registered nurse and
has been trained and approved in writing by the delegating physician or
delegating nurse for delegable health services; or
(d) A school employee who is delegated responsibility to perform the health
service by a physician, advanced practice registered nurse, or registered
nurse; and
1.
Has been trained by the delegating physician or delegating nurse for
the specific health service, if that health service is one that could be
delegated by the physician or nurse within his or her scope of
practice; and
2.
Has been approved in writing by the delegating physician or
delegating nurse. The approval shall state that the school employee
consents to perform the health service when the employee does not
have the administration of health services in his or her contract or
job description as a job responsibility, possesses sufficient training
and skills, and has demonstrated competency to safely and
effectively perform the health service. The school employee shall
acknowledge receipt of training by signing the approval form. A copy
of the approval form shall be maintained in the student's record and
the personnel file of the school employee. A delegation to a school
employee under this paragraph shall be valid only for the current
school year.
If no school employee has been trained and delegated responsibility to perform
a health service, the school district shall make any necessary arrangement for
the provision of the health service to the student in order to prevent a loss of a
health service from affecting the student's attendance or program participation.
The school district shall continue with this arrangement until appropriate school
personnel are delegated the responsibility for health care in subsection (2) of
(4)
(5)
this section.
A school employee who has been properly delegated responsibility for
performing a medical procedure under this section shall act as an agent of the
school and be granted liability protection under the Federal Paul P. Coverdell
Teacher Liability Protection Act of 2001, Pub. L. No. 107-110, unless the
claimant establishes by clear and convincing evidence that harm was
proximately caused by an act or omission of the school employee that
constitutes negligence, willful or criminal misconduct, or a conscious, flagrant
indifference to the rights and safety of the individual harmed.
Nothing in this section shall be construed to deny a student his or her right to
attend public school and to receive public school services, or to deny, prohibit,
or limit the administration of emergency first aid or emergency procedures.
Effective:March 5, 2014
History: Amended 2014 Ky. Acts ch. 3, sec. 1, effective March 5, 2014. -Amended 2010 Ky. Acts ch. 85, sec. 29, effective July 15, 2010. -- Created 2002
Ky. Acts ch. 294, sec. 2, effective July 15, 2002.
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