KRS § 156.502 — KY Code / Title XIII / Chapter 156 / Section 156.502
156.502 Health services in school setting -- Designated provider -- Liability protection
Status: in_force

156.502 Health services in school setting -- Designated provider -- Liability

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.