156.502 Health services in school setting -- Designated provider -- Liability protection.
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<![CDATA[ Page 1 of 2 156.502 Health services in school setting -- Designated provider -- Liability protection. (1) As used in this section: (a) "Health services" means the provision of direct health care, including the administration of medication; the operation, maintenance, or health care <br>through the use of medical equipment; or the administration of clinical <br>procedures. "Health services" does not include first aid or emergency <br>procedures; and (b) "School employee" means an employee of the public schools of this Commonwealth. (2) Health services shall be provided, within the health care professional's current scope of practice, in a school setting by: <br>(a) A physician who is licensed under the provisions of KRS Chapter 311; <br>(b) An advanced practice registered nurse, registered nurse, or licensed practical nurse who is licensed under the provisions of KRS Chapter 314; or (c) A school employee who is delegated responsibility to perform the health service by a physician, advanced practice registered nurse, or registered nurse; <br>and <br>1. Has been trained by the delegating physician or delegating nurse for the <br>specific health service, if that health service is one that could be <br>delegated by the physician or nurse within his or her scope of practice; <br>and 2. Has been approved in writing by the delegating physician or delegating <br>nurse. The approval shall state that the school employee consents to <br>perform the health service when the employee does not have the <br>administration of health services in his or her contract or job description <br>as a job responsibility, possesses sufficient training and skills, and has <br>demonstrated competency to safely and effectively perform the health <br>service. The school employee shall acknowledge receipt of training by <br>signing the approval form. A copy of the approval form shall be <br>maintained in the student's record and the personnel file of the school <br>employee. A delegation to a school employee under this paragraph shall <br>be valid only for the current school year. (3) If no school employee has been trained and delegated responsibility to perform a health service, the school district shall make any necessary arrangement for the <br>provision of the health service to the student in order to prevent a loss of a health <br>service from affecting the student's attendance or program participation. The school <br>district shall continue with this arrangement until appropriate school personnel are <br>delegated the responsibility for health care in subsection (2) of this section. (4) A school employee who has been properly delegated responsibility for performing a medical procedure under this section shall act as an agent of the school and be <br>granted liability protection under the Federal Paul P. Coverdell Teacher Liability <br>Protection Act of 2001, Pub. L. No. 107-110, unless the claimant establishes by Page 2 of 2 clear and convincing evidence that harm was proximately caused by an act or <br>omission of the school employee that constitutes negligence, willful or criminal <br>misconduct, or a conscious, flagrant indifference to the rights and safety of the <br>individual harmed. (5) Nothing in this section shall be construed to deny a student his or her right to attend public school and to receive public school services, or to deny, prohibit, or limit the <br>administration of emergency first aid or emergency procedures. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 85, sec. 29, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 294, sec. 2, effective July 15, 2002. ]]>