156.502 Health services in school setting -- Designated provider -- Liability
574 words·~3 min read·
/ky/156-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
protection.
(1)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.
(2)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.
(3)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 this section.
(4)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.
(5)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.