{"data":{"id":"us-ky/krs-156.502","jurisdiction":"us-ky","citation":"KRS 156.502","heading":"Health services in school setting -- Designated provider -- Liability","body":"protection.\n(1) As used in this section:\n(a) \"Health services\" means the provision of direct health care, including the\nadministration of medication; the operation, maintenance, or health care\nthrough the use of medical equipment; or the administration of clinical\nprocedures. \"Health services\" does not include first aid or emergency\nprocedures; and\n(b) \"School employee\" means an employee of the public schools of this\nCommonwealth.\n(2) Health services shall be provided, within the health care professional's current scope\nof practice, in a school setting by:\n(a) A physician who is licensed under the provisions of KRS Chapter 311;\n(b) An advanced practice registered nurse, registered nur se, or licensed practical\nnurse who is licensed under the provisions of KRS Chapter 314;\n(c) A nonlicensed health technician that has the administration of health services\nin his or her contract or job description as a job responsibility and who is\ndelegated responsibility to perform the health service by a physician, advanced\npractice registered nurse, or registered nurse and has been trained and\napproved in writing by the delegating physician or delegating nurse for\ndelegable health services; or\n(d) A sch ool employee who is delegated responsibility to perform the health\nservice by a physician, advanced practice registered nurse, or registered nurse;\nand\n1. Has been trained by the delegating physician or delegating nurse for the\nspecific health service, if that health service is one that could be\ndelegated by the physician or nurse within his or her scope of practice;\nand\n2. Has been approved in writing by the delegating physician or delegating\nnurse. The approval shall state that the school employee consent s to\nperform the health service when the employee does not have the\nadministration of health services in his or her contract or job description\nas a job responsibility, possesses sufficient training and skills, and has\ndemonstrated competency to safely and  effectively perform the health\nservice. The school employee shall acknowledge receipt of training by\nsigning the approval form. A copy of the approval form shall be\nmaintained in the student's record and the personnel file of the school\nemployee. A delegation to a school employee under this paragraph shall\nbe valid only for the current school year.\n(3) If no school employee has been trained and delegated responsibility to perform a\nhealth service, the school district shall make any necessary arrangement fo r the\nprovision of the health service to the student in order to prevent a loss of a health\nservice from affecting the student's attendance or program participation. The school\ndistrict shall continue with this arrangement until appropriate school personne l are\ndelegated the responsibility for health care in subsection (2) of this section.\n(4) A school employee who has been properly delegated responsibility for performing a\nmedical procedure under this section shall act as an agent of the school and be\ngranted liability protection under the Federal Paul P. Coverdell Teacher Liability\nProtection Act of 2001, Pub. L. No. 107 -110, unless the claimant establishes by\nclear and convincing evidence that harm was proximately caused by an act or\nomission of the schoo l employee that constitutes negligence, willful or criminal\nmisconduct, or a conscious, flagrant indifference to the rights and safety of the\nindividual harmed.\n(5) Nothing in this section shall be construed to deny a student his or her right to attend\npublic school and to receive public school services, or to deny, prohibit, or limit the\nadministration of emergency first aid or emergency procedures.","path":["KRS Chapter 156"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42933","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:00Z","sha256":"3abcbc0885d871f7de2dbc55fe31075539b890ed76fd0d4607919a2d3a3d7ad6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-156.501","next":"us-ky/krs-156.503"},"notice":"GroundRules: Original legal text. Not legal advice."}