Kentucky Statutes 158.836 – Possession and use of asthma or anaphylaxis medications — Students with documented life-threatening allergies — Schools electing to keep epinephrine injectable epinephrine devices and bronchodilator rescue inhalers on pr…
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(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.
(3) (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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 112, sec. 2, effective June 29, 2021. — 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.
(2) A student who has a documented life-threatening allergy shall have:
Terms Used In Kentucky Statutes 158.836
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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.
(3) (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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 112, sec. 2, effective June 29, 2021. — 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.