Many children with chronic health conditions or illnesses attend Kentucky public schools. These health conditions may create barriers to learning and limit a child’s educational progress. KRS 156.502 requires school districts to 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.”

(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:

• 1. The name and purpose of the medications;
• 2. The prescribed dosage;
• 3. The time or times the medications are to be regularly administered and under what additional special circumstances the medications are to be administered; and
• 4. The length of time for which the medications are prescribed.

(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.

(3)

• (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.

(1) (a) Beginning July 15, 2014, the board of each local public school district and the governing body of each private and parochial school or school district shall have at least one (1) school employee at each school who has met the requirements of KRS 156.502 on duty during the entire school day to administer or assist with the self-administration of the following medication:

1. Glucagon subcutaneously to students with diabetes who are experiencing hypoglycemia or other conditions noted in the health care practitioner’s written statement under subsection (2)(a)2. of this section;
2. Insulin subcutaneously, through the insulin delivery method used by the student and at the times and under the conditions noted in the health care practitioner’s written statement under subsection (2)(a)2. of this section; and
3. A seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency. (2) (a) Prior to administering any of the medications listed under subsection (1)(a) of this section to a student, the student’s parent or guardian shall:
4. Provide the school with a written authorization to administer the medication at school;
5. Provide a written statement from the student’s health care practitioner, which shall contain the following information: a. Student’s name; b. The name and purpose of the medication; c. The prescribed dosage; d. The route of administration; e. The frequency that the medication may be administered; and f. The circumstances under which the medication may be administered; and
6. Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact. (b) In addition to the statements required in paragraph (a) of this subsection, the parent or guardian of each student diagnosed with a seizure disorder shall collaborate with school personnel to implement the seizure action plan. The Kentucky Board of Education shall promulgate administrative regulations establishing procedures for the implementation of seizure action plans. (3) (a) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.

(2) (a) Prior to administering any of the medications listed under subsection (1)(a) of this section to a student, the student’s parent or guardian shall:

*1. Provide the school with a written authorization to administer the medication at school;

*2. Provide a written statement from the student’s health care practitioner, which shall contain the following information:

• a. Student’s name;

• b. The name and purpose of the medication;

• c. The prescribed dosage;

• d. The route of administration;

• e. The frequency that the medication may be administered; and

• f. The circumstances under which the medication may be administered; and

  *3. Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.