SB 127 — AN ACT relating to student health and safety.

UNOFFICIALCHAPTER COPY112 211 RSCHAPTER 112 ( SB 127/EN127 ) AN ACT relating to student health and safety.

Anaphylaxis may be triggered by, among other agents, foods, drugs, injections, insect stings, and physical activity.activity;[.] (2) "Bronchodilator rescue inhaler" means medication used to relieve asthma symptoms or respiratory distress along with devices and device components needed to appropriately administer the medication, including but not limited to disposable spacers;.

(2)(3) "Bronchodilator"Medications" rescuemeans inhaler"all meansmedicines medicationindividually usedprescribed toby relievea asthmahealth symptomscare orpractitioner respiratoryfor distressthe alongstudent withthat devicespertain andto devicehis componentsor neededher toasthma appropriatelyor administerareis theused medication,to treat anaphylaxis, including but not limited to disposableinjectable[EpiPen spacers.or other auto-injectible] epinephrine devices or bronchodilator rescue inhalers;

(3) "Medications" means all medicines individually prescribed by a health care practitioner for the student that pertain to his or her asthma or is used to treat anaphylaxis, including but not limited to injectable[EpiPen or other auto-injectible] epinephrine devices or bronchodilator rescue inhalers;

(1) Upon fulfilling the requirements of KRS 158.834, a student with asthma or a student who is at risk of having anaphylaxis may possess and use medications to Page 1 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN treat the asthma or anaphylaxis when at school, at a school-sponsoredschool- sponsored activity, under the supervision of school personnel, or before and after normal school activities while on school properties including school-sponsored child care or after-after-school school programs.

93-93-112. 112.

(3) (a) Each school is encouraged to keep an injectable epinephrine device[auto-device[auto-injector] injector] in a minimum of two (2) locations in the school, including but not limited to the school office and the school cafeteria, so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction.

Schools electing to keep injectable epinephrine device[auto-injectors]devices[auto-injectors] shall maintain them in a secure, accessible, but unlocked location.

Page 2 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN (b) Each school is encouraged to keep a bronchodilator rescue inhaler in a minimum of two (2) locations in the school, including but not limited to the school office and athletic office, so that bronchodilator rescue inhalers may be administered to any student believed to be having asthma Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY symptoms or respiratory distress.

(c) Each school electing to keep injectable epinephrine devices or bronchodilator rescue inhalers[auto-injectors]inhalers[auto- injectors] shall implement policies and procedures for managing a student's life-threatening allergic reaction, [or ]anaphylactic reaction, or asthma developed and approved by the local school board.

(d)[(c)] The Kentucky Department for Public Health shall develop clinical protocols in the school health section of the Core Clinical Service Guide manual that is maintained in the county or district public health department to address injectable epinephrine devices and bronchodilator rescue inhalers[auto-injectors]inhalers[auto- injectors] kept by schools under this subsection and to advise on clinical administration of the injectable epinephrine devices and bronchodilator rescue inhalers[auto-injectors].

(4) Any school employee authorized under KRS 156.502 to administer medication shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the administration or the assistance in the administration of epinephrine or a bronchodilator rescue inhaler to any student believed in good faith to be having a life-threatening allergic or anaphylactic reaction or asthma Page 3 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN symptoms or respiratory distress.

(2) "Administer" means to directly apply an injectable epinephrine device[auto-device[auto-injector] injector] to the body of an individual;

(8)[(6)] "Health-care practitioner" means a physician or other health-care provider Page 4 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN who has prescriptive authority;

(2) A pharmacist may dispense injectable epinephrine devices and bronchodilator rescue inhalers[auto-injectors]inhalers[auto- injectors] pursuant to a prescription issued in the name of an authorized entity or to a certified individual.

CHAPTER 112 3 (3) The Department for Public Health, the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, the American Red Cross, or other training programs approved by the Department for Public Health may conduct in-person or on-line training for administering lifesaving treatment to persons believed in good faith to be experiencing severe allergic reactions and asthma symptoms or respiratory distress and issue a certificate of training to persons completing the training.

(a) Receive a prescription for injectable epinephrine devices and bronchodilator rescue inhalers[auto-injectors]inhalers[auto- injectors] from a health-care practitioner;

and (c) In an emergency situation when a physician is not immediately available and the certified individual in good faith believes a person is experiencing a severe Page 5 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN allergic reaction, asthma symptoms, or respiratory distress regardless of whether the person has a prescription for an injectable epinephrine device or a bronchodilator rescue inhaler[auto-injector] or has previously been diagnosed with an allergy or asthma:

and (b) Designate an employee or agent who holds a certificate issued under this section to be responsible for the storage, maintenance, and general oversight of injectable epinephrine devices and bronchodilator rescue inhalers[auto-inhalers[auto-injectors] injectors] acquired by the authorized entity.

Page 6 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN Section 5.

(a) A health-care practitioner who prescribes or authorizes the emergency use of the injectable epinephrine device or bronchodilator rescue inhaler[auto-inhaler[auto-injector]; injector];

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) An authorized entity who stores or provides the injectable epinephrine device or bronchodilator rescue inhaler[auto-injector] to a certified individual or authorized noncertified individual;

(4) The requirements of KRS 311.646(6) shall not apply to any individual who provides or administers an injectable epinephrine device or a bronchodilator rescue inhaler[auto-injector] if that individual is acting as a Good Samaritan under KRS Page 7 of 8 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 127/EN 313.035 and 411.148.

PageSigned 8by ofGovernor 8March XXXX24, Engrossed2021.