05RS SB189


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SB 189 (BR 1472) - J. Denton, R. Roeding

     AN ACT relating to medication administration at school.
     Create new sections of KRS Chapter 158 to require schools to have an employee designated to administer glucagon subcutaneously for students that are unconscious due to a hypoglycemic episode or Diastat rectally to a student to stop a seizure; require the parent or guardian to provide written authorization and a statement from the student's health care practitioner; require written consent to administer the medication at school; require the medication to be in an unopened, sealed package; require the student's parent or guardian to sign a written statement acknowledging that the school is not liable for any injury to the student related to the administration of the student's medication; and require the school to check the expiration of the student's medications on a monthly basis and notify the parent of impending expiration at least one month in advance.


     SCS - Retain original provisions, except use the generic name for Diastat; apply the requirement that a school have an employee trained to administer rectal diazepam gel to stop a seizure and glucagon for a low blood sugar to only those schools which have a student with a prescription for one of these emergency medications.

     HCS - Retain original provisions except require administration of glucagon when a student experiences hypoglycemia or a condition noted in the health professional's statement on file with the school; change the liability language to relate to the administration of medications; and amend KRS 158.440 to require school districts to have procedures in place to address student harassment, intimidation, and bullying; amend KRS 158.441 to define "harassment, intimidation, or bullying"; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior prohibiting student harassment, intimidation, or bullying that includes procedures for reporting and investigating complaints, a strategy for protecting complainants from retaliation, and a process for annually discussing the code with students; require school districts, under certain conditions, to provide training to school employees on the district's acceptable code of behavior; require school districts to include code of acceptable behavior in district employee training manual; specify that the Kentucky High School Athletic Association's conduct and behavior rules apply during sanctioned sporting events; amend KRS 158.150 to include student harassment, intimidation, or bullying as a cause for suspension or expulsion; amend 158.444 to require local school districts to collect and provide the Kentucky Department of Education information related to all incidents of student harassment, intimidation, or bullying; amend KRS 160.345 to require a school council to include strategies to address student harassment, intimidation, or bullying as part of the school's comprehensive safety plan; create a new section of KRS 158 to provide immunity to school employees or students from a cause of action for damages arising from reporting a student's disruptive or disorderly behavior.

     HCA (1, T. Burch) - Clarify that a school district and its employees have immunity from any injury sustained by a student from any reaction to the administration of his or her medications to treat a hypoglycemic episode or seizure, and that a parent or guardian shall hold harmless the school and its employees against any claims made for any reaction to the administration of glucagon if the reaction is not due to negligence or misconduct on behalf of the school or its employees.

     HCA (2/Title, T. Burch) - Make title amendment.

     HFA (1, K. Stein) - Retain original provisions; add that each school shall have an employee to administer medications at all school-sponsored events; describe the conditions under which such medications shall be administered.

     HFA (2, M. Harmon) - Retain original provisions and add that no school policies or procedures shall require staff or students to act in a manner that would conflict with personal religious beliefs.

     Feb 11-introduced in Senate; to Health and Welfare (S)
     Feb 15-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 16-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 17, 2005
     Feb 17-3rd reading, passed 35-0 with Committee Substitute
     Feb 18-received in House
     Feb 22-to Health and Welfare (H)
     Feb 24-posted in committee; posting waived
     Feb 28-reported favorably, 1st reading, to Calendar with committee amendment (1)
     Mar 1-2nd reading, to Rules; floor amendment (1) filed
     Mar 2-recommitted to Health and Welfare (H)
     Mar 3-reported favorably, to Rules with Committee Substitute, committee amendment (2-title); floor amendment (2) filed to Committee Substitute
     Mar 4-posted for passage in the Regular Orders of the Day for Monday, March 7, 2005

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