158.836 Possession and use of asthma or anaphylaxis medications -- Students with
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/ky/158-836A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
documented life-threatening allergies -- Schools electing to keep epinephrine
injectable epinephrine devices and bronchodilator rescue inhalers on premises
-- Limitation of liability.
(1)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 after-
school programs.
(2)A student who has a documented life-threatening allergy shall have:
(a)An injectable epinephrine device 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. 93-
112.
(a)Each school is encouraged to keep an injectable epinephrine device 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 injectable epinephrine devices
shall maintain them in a secure, accessible, but unlocked location. The
provisions of this paragraph shall apply to the extent that the injectable
epinephrine devices are donated to a school or a school has sufficient funding
to purchase the injectable epinephrine devices.
(b)Each school is encouraged to keep a bronchodilator rescue inhaler in a
minimum of two
(2)locations in the school, including but not limited to the
school office and athletic office, so that bronchodilator rescue inhalers may be
administered to any student believed to be having asthma symptoms or
respiratory distress. Schools electing to keep bronchodilator rescue inhalers
shall maintain them in a secure, accessible, but unlocked location. The
provisions of this paragraph shall apply to the extent that the bronchodilator
rescue inhalers are donated to a school or a school has sufficient funding to
purchase the bronchodilator rescue inhalers.
(c)Each school electing to keep injectable epinephrine devices or bronchodilator
rescue inhalers shall implement policies and procedures for managing a
student's life-threatening allergic reaction, anaphylactic reaction, or asthma
developed and approved by the local school board.
(d)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
injectable epinephrine devices and bronchodilator rescue inhalers kept by
schools under this subsection and to advise on clinical administration of the
injectable epinephrine devices and bronchodilator rescue inhalers. The
protocols shall be developed in collaboration with local health departments or
local clinical providers and local schools and local school districts.
(4)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 or a bronchodilator rescue inhaler to any student believed in good faith
to be having a life-threatening allergic or anaphylactic reaction or asthma symptoms
or respiratory distress.