State law addresses asthma plans.
Health Services Reference Guide
chronic health conditions may include asthma, diabetes, seizure disorders, food allergies or other chronic health conditions that may require management during the school day or school sponsored event. KRS 156.502 requires school health services to be provided to any student who needs health services in order to attend school or a school sponsored activity. School health services provided in the school setting can offer assistance in the management of the student’s chronic health condition and may also impact the student’s attendance and academic success.
Kentucky Revised Statutes 158.834 Self-administration of medications by students with asthma or anaphylaxis
(1) The board of each local public school district and the governing body of each private and parochial school or school district shall permit the self-administration of medications by a student with asthma or by a student who is at risk of having anaphylaxis if the student’s parent or guardian:
(a) Provides written authorization for self-administration to the school; and
(b) Provides a written statement from the student’s health care practitioner that the student has asthma or is at risk of having anaphylaxis and has been instructed in self-administration of the student’s prescribed medications to treat asthma or anaphylaxis. The statement shall also contain the following information:
- The name and purpose of the medications;
- The prescribed dosage;
- The time or times the medications are to be regularly administered and under what additional special circumstances the medications are to be administered; and
- The length of time for which the medications are prescribed.
Kentucky Revised Statutes 158.836 Possession and use of asthma or anaphylaxis medications -- Students with documented life-threatening allergies
(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 epinephrine auto-injector 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 epinephrine auto-injector 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 epinephrine auto-injectors shall maintain them in a secure, accessible, but unlocked location. The provisions of this paragraph shall apply to the extent that the epinephrine auto-injectors are donated to a school or a school has sufficient funding to purchase the epinephrine auto-injectors.