Article 82.--ORGANIZATION, POWERS AND FINANCES OF BOARDS OF EDUCATION
72-8252.Policies to allow student toself-administer certain medications.(a) As used in this section:
(1) "Medication" means a medicine prescribed by a health careproviderfor the treatment of anaphylaxis or asthmaincluding, butnot limited to, anymedicine defined in section 201 of the federal food, drug andcosmetic act, inhaled bronchodilators and auto-injectible epinephrine.
(2) "Health care provider" means: (A) A physician licensed to practicemedicine and surgery; (B) an advanced registered nurse practitioner issued acertificate of qualification pursuant to K.S.A. 65-1131, and amendmentsthereto, who has authority to prescribe drugs as provided by K.S.A. 65-1130,and amendments thereto; or (C) a physician assistant licensed pursuant to thephysician assistant licensure act who has authority to prescribe drugs pursuantto a written protocol with a responsible physician under K.S.A. 65-28a08, andamendments thereto.
(3) "School" means any public oraccredited nonpublic school.
(4) "Self-administration" means a student's discretionary use of suchstudent's medication pursuant to a prescription or written direction from ahealth care provider.
(b) Each school district shall adopt a policy authorizing theself-administration of medicationby students enrolled in kindergarten or any of the grades1 through 12. A student shallmeet all requirements of a policy adopted pursuant to this subsection. Suchpolicy shall include:
(1) A requirement of a written statement from the student's health careprovider stating thename and purpose of the medication; the prescribed dosage; the time themedication is to be regularly administered, and any additional specialcircumstances under which the medication is tobe administered; and the length of time for which the medication is prescribed;
(2) a requirement that the student has demonstrated to the health careprovider or such provider's designee and the school nurse orsuch nurse's designee theskilllevel necessary to use the medication and any device that is necessary toadminister such medication as prescribed. If there is no school nurse, theschool shall designate a person for thepurposes of this subsection;
(3) a requirement that the health care provider has prepared a writtentreatment plan for managing asthma or anaphylaxis episodes of the student andfor medication use by the student during school hours;
(4) a requirement that the student's parent or guardian has completed andsubmitted to the school any written documentation required by the school,including the treatment plan prepared as required by paragraph (3) anddocumentsrelated to liability;
(5) a requirement that all teachers responsible for the student'ssupervision shall be notified that permission to carry medications andself-medicate has been granted; and
(6) any other requirement imposed by the school district pursuant to thissection andsubsection (e) of K.S.A. 72-8205, and amendments thereto.
(c) A school district shall require annual renewalof parental authorization for theself-administrationof medication.
(d) A school district, and its officers, employees and agents, whichauthorizes theself-administrationof medication incompliance with the provisions of this section shallnot beheld liable in any action fordamage, injury or death resulting directly orindirectly from the self-administration of medication.
(e) A school district shall provide written notification tothe parent orguardian of a studentthat the school district and its officers, employees and agentsare not liable for damage, injury or death resultingdirectly or indirectly from theself-administration of medication. The parent or guardian of the student shallsign a statementacknowledging that the schooldistrict and its officers, employees or agents incur noliability for damage, injury ordeath resultingdirectly or indirectly from the self-administration of medication andagreeing to release, indemnify andhold the schooland its officers, employeesand agents, harmless from and against any claims relating to theself-administration ofsuch medication.
(f) A school district shall require that any back-up medication providedbythe student's parent or guardian be kept at the student's school in a locationto which the student has immediate access in the event of an asthma oranaphylaxis emergency.
(g) A school district shall require that information described in paragraphs(3) and (4) of subsection (b) be kept on file at the student's school in alocation easily accessible in the event of an asthma or anaphylaxis emergency.
(h) An authorization granted pursuant to subsection (b) shall allow a studentto possess and use such student's medication at any place where a student issubject to the jurisdiction or supervision of the school district or itsofficers, employees or agents.
(i) A board of education may adopt a policy pursuant to subsection (e)of K.S.A. 72-8205, and amendments thereto, which:
(1) Imposes requirements relating to the self-administration of medicationwhich are in addition to those required by this section; and
(2) establishes a procedure for, and the conditions under which, theauthorization for the self-administration of medication may be revoked.
History: L. 2004, ch. 124, § 5;L. 2005, ch. 136, § 1; July 1.
Article 82.--ORGANIZATION, POWERS AND FINANCES OF BOARDS OF EDUCATION
72-8252.Policies to allow student toself-administer certain medications.(a) As used in this section:
(1) "Medication" means a medicine prescribed by a health careproviderfor the treatment of anaphylaxis or asthmaincluding, butnot limited to, anymedicine defined in section 201 of the federal food, drug andcosmetic act, inhaled bronchodilators and auto-injectible epinephrine.
(2) "Health care provider" means: (A) A physician licensed to practicemedicine and surgery; (B) an advanced registered nurse practitioner issued acertificate of qualification pursuant to K.S.A. 65-1131, and amendmentsthereto, who has authority to prescribe drugs as provided by K.S.A. 65-1130,and amendments thereto; or (C) a physician assistant licensed pursuant to thephysician assistant licensure act who has authority to prescribe drugs pursuantto a written protocol with a responsible physician under K.S.A. 65-28a08, andamendments thereto.
(3) "School" means any public oraccredited nonpublic school.
(4) "Self-administration" means a student's discretionary use of suchstudent's medication pursuant to a prescription or written direction from ahealth care provider.
(b) Each school district shall adopt a policy authorizing theself-administration of medicationby students enrolled in kindergarten or any of the grades1 through 12. A student shallmeet all requirements of a policy adopted pursuant to this subsection. Suchpolicy shall include:
(1) A requirement of a written statement from the student's health careprovider stating thename and purpose of the medication; the prescribed dosage; the time themedication is to be regularly administered, and any additional specialcircumstances under which the medication is tobe administered; and the length of time for which the medication is prescribed;
(2) a requirement that the student has demonstrated to the health careprovider or such provider's designee and the school nurse orsuch nurse's designee theskilllevel necessary to use the medication and any device that is necessary toadminister such medication as prescribed. If there is no school nurse, theschool shall designate a person for thepurposes of this subsection;
(3) a requirement that the health care provider has prepared a writtentreatment plan for managing asthma or anaphylaxis episodes of the student andfor medication use by the student during school hours;
(4) a requirement that the student's parent or guardian has completed andsubmitted to the school any written documentation required by the school,including the treatment plan prepared as required by paragraph (3) anddocumentsrelated to liability;
(5) a requirement that all teachers responsible for the student'ssupervision shall be notified that permission to carry medications andself-medicate has been granted; and
(6) any other requirement imposed by the school district pursuant to thissection andsubsection (e) of K.S.A. 72-8205, and amendments thereto.
(c) A school district shall require annual renewalof parental authorization for theself-administrationof medication.
(d) A school district, and its officers, employees and agents, whichauthorizes theself-administrationof medication incompliance with the provisions of this section shallnot beheld liable in any action fordamage, injury or death resulting directly orindirectly from the self-administration of medication.
(e) A school district shall provide written notification tothe parent orguardian of a studentthat the school district and its officers, employees and agentsare not liable for damage, injury or death resultingdirectly or indirectly from theself-administration of medication. The parent or guardian of the student shallsign a statementacknowledging that the schooldistrict and its officers, employees or agents incur noliability for damage, injury ordeath resultingdirectly or indirectly from the self-administration of medication andagreeing to release, indemnify andhold the schooland its officers, employeesand agents, harmless from and against any claims relating to theself-administration ofsuch medication.
(f) A school district shall require that any back-up medication providedbythe student's parent or guardian be kept at the student's school in a locationto which the student has immediate access in the event of an asthma oranaphylaxis emergency.
(g) A school district shall require that information described in paragraphs(3) and (4) of subsection (b) be kept on file at the student's school in alocation easily accessible in the event of an asthma or anaphylaxis emergency.
(h) An authorization granted pursuant to subsection (b) shall allow a studentto possess and use such student's medication at any place where a student issubject to the jurisdiction or supervision of the school district or itsofficers, employees or agents.
(i) A board of education may adopt a policy pursuant to subsection (e)of K.S.A. 72-8205, and amendments thereto, which:
(1) Imposes requirements relating to the self-administration of medicationwhich are in addition to those required by this section; and
(2) establishes a procedure for, and the conditions under which, theauthorization for the self-administration of medication may be revoked.
History: L. 2004, ch. 124, § 5;L. 2005, ch. 136, § 1; July 1.
Article 82.--ORGANIZATION, POWERS AND FINANCES OF BOARDS OF EDUCATION
72-8252.Policies to allow student toself-administer certain medications.(a) As used in this section:
(1) "Medication" means a medicine prescribed by a health careproviderfor the treatment of anaphylaxis or asthmaincluding, butnot limited to, anymedicine defined in section 201 of the federal food, drug andcosmetic act, inhaled bronchodilators and auto-injectible epinephrine.
(2) "Health care provider" means: (A) A physician licensed to practicemedicine and surgery; (B) an advanced registered nurse practitioner issued acertificate of qualification pursuant to K.S.A. 65-1131, and amendmentsthereto, who has authority to prescribe drugs as provided by K.S.A. 65-1130,and amendments thereto; or (C) a physician assistant licensed pursuant to thephysician assistant licensure act who has authority to prescribe drugs pursuantto a written protocol with a responsible physician under K.S.A. 65-28a08, andamendments thereto.
(3) "School" means any public oraccredited nonpublic school.
(4) "Self-administration" means a student's discretionary use of suchstudent's medication pursuant to a prescription or written direction from ahealth care provider.
(b) Each school district shall adopt a policy authorizing theself-administration of medicationby students enrolled in kindergarten or any of the grades1 through 12. A student shallmeet all requirements of a policy adopted pursuant to this subsection. Suchpolicy shall include:
(1) A requirement of a written statement from the student's health careprovider stating thename and purpose of the medication; the prescribed dosage; the time themedication is to be regularly administered, and any additional specialcircumstances under which the medication is tobe administered; and the length of time for which the medication is prescribed;
(2) a requirement that the student has demonstrated to the health careprovider or such provider's designee and the school nurse orsuch nurse's designee theskilllevel necessary to use the medication and any device that is necessary toadminister such medication as prescribed. If there is no school nurse, theschool shall designate a person for thepurposes of this subsection;
(3) a requirement that the health care provider has prepared a writtentreatment plan for managing asthma or anaphylaxis episodes of the student andfor medication use by the student during school hours;
(4) a requirement that the student's parent or guardian has completed andsubmitted to the school any written documentation required by the school,including the treatment plan prepared as required by paragraph (3) anddocumentsrelated to liability;
(5) a requirement that all teachers responsible for the student'ssupervision shall be notified that permission to carry medications andself-medicate has been granted; and
(6) any other requirement imposed by the school district pursuant to thissection andsubsection (e) of K.S.A. 72-8205, and amendments thereto.
(c) A school district shall require annual renewalof parental authorization for theself-administrationof medication.
(d) A school district, and its officers, employees and agents, whichauthorizes theself-administrationof medication incompliance with the provisions of this section shallnot beheld liable in any action fordamage, injury or death resulting directly orindirectly from the self-administration of medication.
(e) A school district shall provide written notification tothe parent orguardian of a studentthat the school district and its officers, employees and agentsare not liable for damage, injury or death resultingdirectly or indirectly from theself-administration of medication. The parent or guardian of the student shallsign a statementacknowledging that the schooldistrict and its officers, employees or agents incur noliability for damage, injury ordeath resultingdirectly or indirectly from the self-administration of medication andagreeing to release, indemnify andhold the schooland its officers, employeesand agents, harmless from and against any claims relating to theself-administration ofsuch medication.
(f) A school district shall require that any back-up medication providedbythe student's parent or guardian be kept at the student's school in a locationto which the student has immediate access in the event of an asthma oranaphylaxis emergency.
(g) A school district shall require that information described in paragraphs(3) and (4) of subsection (b) be kept on file at the student's school in alocation easily accessible in the event of an asthma or anaphylaxis emergency.
(h) An authorization granted pursuant to subsection (b) shall allow a studentto possess and use such student's medication at any place where a student issubject to the jurisdiction or supervision of the school district or itsofficers, employees or agents.
(i) A board of education may adopt a policy pursuant to subsection (e)of K.S.A. 72-8205, and amendments thereto, which:
(1) Imposes requirements relating to the self-administration of medicationwhich are in addition to those required by this section; and
(2) establishes a procedure for, and the conditions under which, theauthorization for the self-administration of medication may be revoked.
History: L. 2004, ch. 124, § 5;L. 2005, ch. 136, § 1; July 1.
