AN ACT relating to undesignated glucagon.

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AN ACT relating to undesignated glucagon. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 4 of this Act: 5
(1) "Administer" means to directly give glucagon; 6
(2) "Authorized entity" means a public, private, or parochial school that has a 7
trained individual who is: 8
(a) Present on the premises or officially associated with the entity; and 9
(b) Trained as required under Section 2 of this Act to administer undesignated 10
glucagon; 11
(3) "Diabetes medical management plan" means a written, individualized diabetes 12
care plan prepared by the student's treating diabetes practitioner or practitioner 13
team that prescribes or directs how the student's diabetes needs may be met in the 14
school setting, including the administration of undesignated glucagon; 15
(4) "Pharmacist" has the same meaning as in KRS 315.010; 16
(5) "Practitioner" has the same meaning as in KRS 217.015; 17
(6) "Trained individual" means a school employee or contractor who has 18
successfully completed an approved education training program under KRS 19
158.838; and 20
(7) "Undesignated glucagon" means glucagon prescribed in the name of an 21
authorized entity in accordance with Sections 1 to 4 of this Act. 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) A practitioner, acting within the practitioner's scope of practice, may prescribe 25
undesignated glucagon in the name of an authorized entity for use in accordance 26
with this section. 27
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(2) A pharmacist may dispense undesignated glucagon for a prescription issued in 1
the name of an authorized entity. 2
(3) A trained individual may administer undesignated gluc agon in an emergency 3
situation when a school nurse or other licensed practitioner is not immediately 4
available and the trained individual believes in good faith that a student is 5
experiencing severe hypoglycemia or other conditions noted in that student's 6
diabetes medical management plan. 7
(4) An authorized entity that acquires and stocks a supply of undesignated glucagon 8
with a valid prescription shall: 9
(a) Store the undesignated glucagon in accordance with the manufacturer's 10
instructions, in a location tha t is immediately accessible to trained 11
individuals, and with any additional requirements established by the 12
Department for Public Health; and 13
(b) Require a school nurse or a trained individual to be responsible for the 14
storage, maintenance, and general ove rsight of the undesignated glucagon 15
acquired by the authorized entity. 16
(5) Any authorized entity or trained individual that acquires and stocks a supply of 17
undesignated glucagon in accordance with this section shall notify the assigned 18
school nurse or othe r school health care provider, an agent of the local 19
emergency medical services, and the local emergency communications or 20
dispatch center of the existence, location, and type of glucagon acquired. 21
(6) Any authorized entity or trained individual that admin isters or provides 22
undesignated glucagon to a student who is experiencing severe hypoglycemia or 23
other conditions noted in that student's diabetes medical management plan shall 24
contact the student's parent, guardian, or emergency contact, and local 25
emergency medical services as soon as possible. 26
(7) The requirements of subsection (6) of this section shall not apply to any 27
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individual who administers or provides undesignated glucagon if that individual 1
is acting as a Good Samaritan under KRS 313.035 and 411.148. 2
SECTION 3. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Any authorized entity or trained individual that, in good faith and without 5
compensation, renders emergency care or treatment by the use of undesignated 6
glucagon under Sections 1 to 4 of this Act shall be immune from civil liability for 7
any personal injury resulting from the care or treatment, or resulting from any 8
act or failure to act in providing or arranging further medical treatment, i f the 9
person acts as an ordinary, reasonably prudent person would have acted under 10
the same or similar circumstances. 11
(2) The immunity under subsection (1) of this section applies to: 12
(a) A practitioner who prescribes or authorizes the emergency use of 13
undesignated glucagon; 14
(b) A pharmacist who fills a prescription for undesignated glucagon; 15
(c) A trained individual who administers or provides undesignated glucagon; 16
(d) An authorized entity that acquires and stocks undesignated glucagon, or 17
provides undesignated glucagon to a trained individual; and 18
(e) An individual trainer or training entity providing the required training to a 19
trained individual. 20
(3) The immunity under subsection (1) of this section shall not apply if the personal 21
injury results from the gross negligence or willful or wanton misconduct of the 22
person rendering the care or treatment. 23
SECTION 4. A NEW SECTION OF KRS CHAPTER 217 IS CREATED TO 24
READ AS FOLLOWS: 25
The Cabinet for Health and Family Services, in c onsultation with the American 26
Diabetes Association, shall promulgate administrative regulations in accordance with 27
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KRS Chapter 13A to establish requirements and procedures to implement Sections 1 to 1
4 of this Act. 2