KRS § 158.836 — KY Code / Title XIII / Chapter 158 / Section 158.836
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 premises -- Limitation of liability
Status: in_force

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 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.

(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.