2016 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS .836 Possession and use of asthma or anaphylaxis medications -- Students with documented life-threatening allergies -- Schools electing to keep epinephrine on premises -- Limitation of liability.
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158.836 Possession and use of asthma or anaphylaxis medications -- Students with
documented life-threatening allergies -- Schools electing to keep epinephrine
on premises -- Limitation of liability.
(1)
(2)
(3)
(4)
Upon fulfilling the requirements of KRS 158.834, a student with asthma or a
student who is at risk of having anaphylaxis may possess and use medications to
treat the asthma or anaphylaxis when at school, at a school-sponsored activity,
under the supervision of school personnel, or before and after normal school
activities while on school properties including school-sponsored child care or afterschool programs.
A student who has a documented life-threatening allergy shall have:
(a) An epinephrine auto-injector provided by his or her parent or guardian in his
or her possession or in the possession of the school nurse, school
administrator, or his or her designee in all school environments that the
student may be in, including the classroom, the cafeteria, the school bus, and
on field trips; and
(b) A written individual health care plan in place for the prevention and proactive
management for the student in all school environments that the student may be
in, including the classroom, the cafeteria, the school bus, and on field trips.
The individual health care plan required under this paragraph may be
incorporated in the student's individualized education program required under
Pub. L. No. 94-142 or the student's 504 plan required under Pub. L. No. 93112.
(a) Each school is encouraged to keep an epinephrine auto-injector in a minimum
of two (2) locations in the school, including but not limited to the school
office and the school cafeteria, so that epinephrine may be administered to any
student believed to be having a life-threatening allergic or anaphylactic
reaction. Schools electing to keep epinephrine auto-injectors shall maintain
them in a secure, accessible, but unlocked location. The provisions of this
paragraph shall apply to the extent that the epinephrine auto-injectors are
donated to a school or a school has sufficient funding to purchase the
epinephrine auto-injectors.
(b) Each school electing to keep epinephrine auto-injectors shall implement
policies and procedures for managing a student's life-threatening allergic
reaction or anaphylactic reaction developed and approved by the local school
board.
(c) The Kentucky Department for Public Health shall develop clinical protocols
in the school health section of the Core Clinical Service Guide manual that is
maintained in the county or district public health department to address
epinephrine auto-injectors kept by schools under this subsection and to advise
on clinical administration of the epinephrine auto-injectors. The protocols
shall be developed in collaboration with local health departments or local
clinical providers and local schools and local school districts.
Any school employee authorized under KRS 156.502 to administer medication shall
not be liable for any civil damages for ordinary negligence in acts or omissions
resulting from the administration or the assistance in the administration of
epinephrine to any student believed in good faith to be having a life-threatening
allergic or anaphylactic reaction.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 52, sec. 1, effective June 25, 2013. -- Amended
2004 Ky. Acts ch. 132, sec. 7, effective April 21, 2004. -- Created 2002 Ky. Acts ch.
50, sec. 4, effective July 15, 2002.
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