{"data":{"id":"us-ky/krs-158.838","jurisdiction":"us-ky","citation":"KRS 158.838","heading":"Emergency administration and self -administration of diabetes and seizure","body":"disorder medications -- Required training -- Required written statements and\nseizure action plan -- Limitation on liability -- Renewal of permission --\nExpiration dates of m edication -- Self-performance of diabetes care tasks --\nDiabetes or seizure disorder not to prevent attendance at school the student\nwould ordinarily attend.\n(1) (a) Beginning July 15, 2014, the board of each local public school district and the\ngoverning body of each private and parochial school or school district shall\nhave at least one (1) school employee at each school who has met the\nrequirements of KRS 156.502 on duty during the entire school day to\nadminister or assist with the self-administration of the following medication:\n1. Glucagon subcutaneously to students with diabetes who are\nexperiencing hypoglycemia or other conditions noted in the health care\npractitioner's written statement under subsection (2)(a)2. of this section;\n2. Insulin subcutaneously, through the insulin delivery method used by the\nstudent and at the times and under the conditions noted in the health care\npractitioner's written statement under subsection (2)(a)2. of this section;\nand\n3. A seizure rescue medication or medication prescribed to treat seizure\ndisorder symptoms approved by the United States Food and Drug\nAdministration and any successor agency.\n(b) For those assigned the duties under paragraph (a) of this subsection, the\ntraining provided under KRS 156.502 shall inclu de instruction in\nadministering:\n1. Insulin and glucagon, as well as recognition of the signs and symptoms\nof hypoglycemia and hyperglycemia and the appropriate steps to be\ntaken to respond to these symptoms; and\n2. Seizure medications, as well as the reco gnition of the signs and\nsymptoms of seizures and the appropriate steps to be taken to respond to\nthese symptoms.\n(c) Any training program or guidelines adopted by any state agency for training of\nschool personnel in the diabetes care tasks covered by this  section shall be\nfully consistent with training programs and guidelines developed by the\nAmerican Diabetes Association. Notwithstanding any state agency\nrequirement or other law to the contrary, for purposes of this training a local\nschool district shall be permitted to use any adequate and appropriate training\nprogram or guidelines for training of school personnel in the diabetes care\ntasks covered under this section.\n(d) Any training program or guidelines adopted by any state agency for training of\nschool personnel in the health care needs of students diagnosed with a seizure\ndisorder shall be fully consistent with best practice guidelines from medical\nprofessionals with expertise in seizure treatment.\n(2) (a) Prior to administering any of the medications  listed under subsection (1)(a) of\nthis section to a student, the student's parent or guardian shall:\n1. Provide the school with a written authorization to administer the\nmedication at school;\n2. Provide a written statement from the student's health care p ractitioner,\nwhich shall contain the following information:\na. Student's name;\nb. The name and purpose of the medication;\nc. The prescribed dosage;\nd. The route of administration;\ne. The frequency that the medication may be administered; and\nf. The circumstances under which the medication may be\nadministered; and\n3. Provide the prescribed medication to the school in its unopened, sealed\npackage with the label affixed by the dispensing pharmacy intact.\n(b) In addition to the statements required in  paragraph (a) of this subsection, the\nparent or guardian of each student diagnosed with a seizure disorder shall\ncollaborate with school personnel to implement the seizure action plan. The\nKentucky Board of Education shall promulgate administrative regula tions\nestablishing procedures for the implementation of seizure action plans.\n(3) (a) The statements and seizure action plan required in subsection (2) of this\nsection shall be kept on file in the office of the school nurse or school\nadministrator.\n(b) Any school personnel or volunteers responsible for the supervision or care of\na student diagnosed with a seizure disorder shall be given notice of the seizure\naction plan, the identity of the school employee or employees trained in\naccordance with subsection (1)(a) of this section, and the method by which the\ntrained school employee or employees may be contacted in the event of an\nemergency.\n(4) The school district or the governing body of each private and parochial school or\nschool district shall inform the p arent or guardian of the student that the school and\nits employees and agents shall not incur any liability as a result of any injury\nsustained by the student from any reaction to any medication listed under subsection\n(1)(a) of this section that a parent or guardian has authorized the school district to\nadminister to a student to treat a hypoglycemic or hyperglycemic episode or a\nseizure or its administration, unless the injury is the result of negligence or\nmisconduct on behalf of the school or its employ ees. The parent or guardian of the\nstudent shall sign a written statement acknowledging that the school shall incur no\nliability except as provided in this subsection, and the parent or guardian shall hold\nharmless the school and its employees against any claims made for any reaction to\nany medication listed under subsection (1)(a) of this section that a parent or\nguardian has authorized the school district to administer to a student to treat a\nhypoglycemic or hyperglycemic episode or a seizure or its admin istration if the\nreaction is not due to negligence or misconduct on behalf of the school or its\nemployees.\n(5) The permission for the administration of any of the medications listed under\nsubsection (1)(a) of this section shall be effective for the school year in which it is\ngranted and shall be renewed each following school year upon fulfilling the\nrequirements of subsections (2) to (4) of this section.\n(6) The school nurse or school administrator shall check the expiration date monthly for\neach medication  listed under subsection (1)(a) of this section that is in the\npossession of the school. At least one (1) month prior to the expiration date of each\nmedication, the school nurse or school administrator shall inform the parent or\nguardian of the expiration date.\n(7) Upon the written request of the parent or guardian of the student and written\nauthorization by the student's health care practitioner, a student with diabetes shall\nbe permitted to perform blood glucose checks, administer insulin through the\ninsulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and\notherwise attend to the care and management of his or her diabetes in the school\nsetting and at school -related activities. A student shall be permitted to possess on\nhis or her  person at all times necessary supplies and equipment to perform these\nmonitoring and treatment functions. Upon request by the parent or student, the\nstudent shall have access to a private area for performing diabetes care tasks.\n(8) (a) Beginning July 15,  2014, a school district shall permit a student who has\ndiabetes or a seizure disorder to attend the same school the student would\nattend if the student did not have diabetes or a seizure disorder. Such a student\nmay only be transferred to a different scho ol based on health care needs if the\nindividualized education program team, the Section 504 team, or, if\nappropriate, the student's health services team, makes the determination that\nthe student's health condition requires that the student's care be provid ed by a\nlicensed health care professional at a different school. For the purpose of this\ndetermination, the teams shall include the parent or guardian. The parent or\nguardian may invite the student's treating physician to the team meeting and\nthe team shal l consider the physician's input, whether in person or in written\nform, when making this determination. This determination shall be based on\nindividualized factors related to the student's health conditions. A school\ndistrict shall not prohibit a student who has diabetes or a seizure disorder from\nattending any school on the sole basis that:\n1. The student has diabetes or a seizure disorder;\n2. The school does not have a full-time school nurse; or\n3. The school does not have school employees who are trained  in\naccordance with KRS 156.502 and assigned to provide care under this\nsection.\n(b) Parents or guardians of students who have diabetes or a seizure disorder shall\nnot be required or pressured by school personnel to provide care for a student\nwith diabetes  or a seizure disorder during regular school hours or during\nschool-related activities in which the student is a participant. For the purposes\nof this paragraph, a participant is not a student who merely observes the\nactivity.\n(9) The requirements of subsections (1) to (8) of this section shall apply only to schools\nthat have a student enrolled who:\n(a) Has a seizure disorder and has a seizure rescue medication or medication\nprescribed to treat seizure disorder symptoms approved by the United States\nFood an d Drug Administration and any successor agency prescribed by the\nstudent's health care provider; or\n(b) Has diabetes mellitus and has any of the medications listed under subsection\n(1)(a) of this section prescribed by the student's health care provider.\n(10) Nothing in this section shall be construed to require a school employee to consent to\nadminister medications listed under subsection (1)(a) of this section to a student if\nthe employee does not otherwise consent to provide the health service under KRS\n156.502.\n(11) Notwithstanding any other provision of the law to the contrary:\n(a) The administration of the medications listed under subsection (1)(a) of this\nsection by school employees shall not constitute the practice of nursing and\nshall be exempt from all applicable statutory and regulatory provisions that\nrestrict the activities that may be delegated to or performed by a person who is\nnot a licensed health care professional; and\n(b) A licensed health care professional may provide training to or supervise\nschool employees in the administration of the medications listed under\nsubsection (1)(a) of this section.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48030","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:06Z","sha256":"3fb272f2af6c64a851c762d167259420b67968cc41a999a4430726dbae473e93","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.837","next":"us-ky/krs-158.840"},"notice":"GroundRules: Original legal text. Not legal advice."}