{"data":{"id":"us-ky/krs-158.836","jurisdiction":"us-ky","citation":"KRS 158.836","heading":"Possession and use of medications to treat documented medical conditions","body":"-- Schools electing to keep epinephrine, injectable epinephrine devices,\nbronchodilator rescue inhalers, and undesignated glucagon on premises --\nPolicies and protocols -- Limitation of liability.\n(1) Upon fulfilling the requirements of KRS 158.834, a student with a documented\nmedical condition as defined in KRS 158.832 may possess and use medications to\ntreat the documented medical condition when at school, at a schoo l-sponsored\nactivity, under the supervision of school personnel, or before and after normal\nschool activities while on school properties including school -sponsored child care\nor after-school programs.\n(2) A student who has a documented medical condition shall have:\n(a) Epinephrine, a bronchodilator rescue inhaler, a nebulizer, glucagon, Solu -\nCortef, or other medication as prescribed by a health care practitioner and\nprovided by his or her parent or guardian in his or her possession or in the\npossession of the school nurse, school administrator, or his or her designee in\nall school environments that the student may be in, including the classroom,\nthe cafeteria, the school bus, and on field trips; and\n(b) A written individual health care plan in place for the prevention and proactive\nmanagement for the student in all school environments that the student may\nbe in, including the classroom, the cafeteria, the school bus, and on field trips.\nThe individual health care plan required under this paragraph may be\nincorporated in the student's individualized education program required under\nPub. L. No. 94 -142 or the student's 504 plan required under Pub. L. No. 93 -\n112.\n(3) (a) Each school is encouraged to keep epinephrine in a minimum of two (2)\nlocations in the school,  including but not limited to the school office and the\nschool cafeteria, so that epinephrine may be administered to any student\nbelieved to be having a life -threatening allergic or anaphylactic reaction.\nSchools electing to keep epinephrine shall maintain  it in a secure, accessible,\nbut unlocked location. The provisions of this paragraph shall apply to the\nextent that the epinephrine is donated to a school or a school has sufficient\nfunding to purchase the epinephrine.\n(b) Each school is encouraged to keep  a bronchodilator rescue inhaler or\nnebulizer in a minimum of two (2) locations in the school, including but not\nlimited to the school office and athletic office, so that bronchodilator rescue\ninhalers or nebulizers may be administered to any student belie ved to be\nhaving asthma symptoms or respiratory distress. Schools electing to keep\nbronchodilator rescue inhalers or nebulizers shall maintain them in a secure,\naccessible, but unlocked location. The provisions of this paragraph shall apply\nto the extent t hat the bronchodilator rescue inhalers or nebulizers are donated\nto a school or a school has sufficient funding to purchase the bronchodilator\nrescue inhalers or nebulizers.\n(c) Each school is encouraged to stock undesignated glucagon as permitted under\nKRS 158.837 in a minimum of two (2) locations in the school, including but\nnot limited to the school office and athletic office, so that undesignated\nglucagon may be administered to a student in accordance with the student's\ndiabetes medical management plan as defined in KRS 158.837, Section 504\nplan pursuant to the Rehabilitation Act of 1973, 29 U.S.C. sec. 794,\nindividualized education program, or other written accommodations plan to\nadminister glucagon to the student. Schools electing to stock undesignated\nglucagon shall maintain it in a secure, accessible, unlocked location and in\naccordance with KRS 158.837. This paragraph shall apply to the extent that\nthe undesignated glucagon is donated to a school or a school has sufficient\nfunding to purchase and stock undesignated glucagon.\n(d) Each school electing to keep epinephrine or bronchodilator rescue inhalers,\nnebulizers, or undesignated glucagon, shall implement policies and\nprocedures for managing a student's life -threatening allergic reaction,\nanaphylactic reaction, asthma, or hypoglycemia, developed and approved by\nthe local school board.\n(e) The Kentucky Department for Public Health shall develop clinical protocols\nin the school health section of the Core Clinical Service Guide manual that is\nmaintained in the county or district public health department to address\nepinephrine, bronchodilator rescue inhalers, nebulizers, and glucagon kept by\nschools under this subsection and to advise on clinical administration of the\nepinephrine, bronchodilator rescue inhalers, nebulizers, and glucagon. The\nprotocols shall be developed in collaboration with loc al health departments or\nlocal clinical providers and local schools and local school districts.\n(4) Any school employee authorized under KRS 156.502 to administer medication\nshall not be liable for any civil damages for ordinary negligence in acts or\nomissions resulting from the administration or the assistance in the administration\nof epinephrine, a bronchodilator rescue inhaler, nebulizer, glucagon, Solu-Cortef, or\nother prescribed medication to any student believed in good faith to be having a\nlife-threatening allergic or anaphylactic reaction, asthma symptoms or respiratory\ndistress, hypoglycemia, or adrenal crisis.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56830","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:06Z","sha256":"2a27cc44c2d6fef7045f0e5d15ae3398a1449b39b98c70f7302940ff23f9d28a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.834","next":"us-ky/krs-158.837"},"notice":"GroundRules: Original legal text. Not legal advice."}