AN ACT relating to health services for youths.

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AN ACT relating to health services for youths. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.502 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Health services" means the provision of direct health care, including the 5
administration of medication; the operation, maintenance, or health care 6
through the use of medical equipment; or the administration of clinical 7
procedures. "Health services" does not include first aid or emergency 8
procedures;[ and] 9
(b) "Medication": 10
1. Means both prescription drugs and nonprescription drugs defined in 11
KRS 315.010; and 12
2. Does not include sunscreen; 13
(c) "School employee" means an employee of the public schools of this 14
Commonwealth; and 15
(d) "Sunscreen" means a product approved by the Unite d States Food and 16
Drug Administration for over -the-counter use for the purpose of limiting 17
ultraviolet light-induced skin damage. 18
(2) Health services shall be provided, within the health care professional's current 19
scope of practice, in a school setting by: 20
(a) A physician who is licensed under the provisions of KRS Chapter 311; 21
(b) An advanced practice registered nurse, registered nurse, or licensed practical 22
nurse who is licensed under the provisions of KRS Chapter 314; 23
(c) A nonlicensed health technician that has the administration of health services 24
in his or her contract or job description as a job responsibility and who is 25
delegated responsibility to perform the health service by a physician, 26
advanced practice registered nurse, or registered nurse and has been trained 27
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and approved in writing by the delegating physician or delegating nurse for 1
delegable health services; or 2
(d) A school employee who is delegated responsibility to perform the health 3
service by a physician, advanced practice registered nurse, or registered nurse; 4
and 5
1. Has been trained by the delegating physician or delegating nurse for the 6
specific health service, if that health service is one that could be 7
delegated by the physician or nurse within his or her scope of practice; 8
and 9
2. Has been approved in writing by the delegating physician or delegating 10
nurse. The approval shall state that the school employee consents to 11
perform the health service when the employee does not have the 12
administration of health services in his or her contract or job description 13
as a job responsibility, possesses sufficient training and skills, and has 14
demonstrated competency to safely and effectively perform the health 15
service. The school employee shall acknowledge receipt of training by 16
signing the approval f orm. A copy of the approval form shall be 17
maintained in the student's record and the personnel file of the school 18
employee. A delegation to a school employee under this paragraph shall 19
be valid only for the current school year. 20
(3) If no school employee ha s been trained and delegated responsibility to perform a 21
health service, the school district shall make any necessary arrangement for the 22
provision of the health service to the student in order to prevent a loss of a health 23
service from affecting the student's attendance or program participation. The school 24
district shall continue with this arrangement until appropriate school personnel are 25
delegated the responsibility for health care in subsection (2) of this section. 26
(4) (a) Each local board of education shall adopt a policy authorizing: 27
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1. A kindergarten to grade five (5) student to: 1
a. Possess sunscreen; and 2
b. Self-apply sunscreen with written permission of the parent or 3
guardian; and 4
2. A grade six (6) to twelve (12) student to: 5
a. Possess and self-apply sunscreen; and 6
b. May not require written permission of the parent or guardian; 7
and 8
(b) The local board of education policy shall cover the possession and use of 9
sunscreen when a student is: 10
1. In school; 11
2. Participating in a school-sponsored activity; and 12
3. In before-school, after-school, or summer care programs provided by 13
the school. 14
(5) A school employee who has been properly delegated responsibility for performing a 15
medical procedure under this section shall act as an agent of the school and be 16
granted liability protection under the Federal Paul P. Coverdell Teacher Liability 17
Protection Act of 2001, Pub. L. No. 107 -110, unless the claimant establishes by 18
clear and convincing evidence that harm was proximately caused by an act or 19
omission of the sch ool employee that constitutes negligence, willful or criminal 20
misconduct, or a conscious, flagrant indifference to the rights and safety of the 21
individual harmed. 22
(6)[(5)] Nothing in this section shall be construed to deny a student his or her right to 23
attend public school and to receive public school services, or to deny, prohibit, or 24
limit the administration of emergency first aid or emergency procedures. 25
Section 2. KRS 194A.380 is amended to read as follows: 26
As used in KRS 194A.380 to 194A.383: 27
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(1) "Criminal offense against a minor" means a conviction or a plea of guilty to any of 1
the following offenses if the victim is under the age of eighteen (18) at the time of 2
the commission of the offense: 3
(a) Kidnapping, as in KRS 509.040, except by a parent; 4
(b) Unlawful imprisonment, as in KRS 509.020, except by a parent; 5
(c) Sexual misconduct as in KRS 510.140; 6
(d) Use of a minor in a sexual performance, as in KRS 531.310; 7
(e) Promoting a sexual performance of a minor, as in KRS 531.320; 8
(f) Possession or viewing matter portraying a sexual performance by a minor, as 9
in KRS 531.335; 10
(g) Distribution of matter portraying a sexual performance by a minor, as in KRS 11
531.340; 12
(h) Promoting the sale of material portraying a sexual performance by a minor, as 13
in KRS 531.350; 14
(i) Advertising material portraying a sexual performance by a minor, as in KRS 15
531.360; 16
(j) Using minors to distribute material portraying a sexual performance by a 17
minor, as in KRS 531.370; 18
(k) Human trafficking involving commercial sexual activity, as in KRS 529.100; 19
(l) Promoting prostitution, as in KRS 529.040, when the defendant advances or 20
profits from the prostitution of a person under the age of eighteen (18); 21
(m) Unlawful transaction with a minor in the first degree, as in KRS 22
530.064(1)(a); 23
(n) Any attempt to commit any of the offenses described in paragraphs (a) to (m) 24
of this subsection; or 25
(o) Solicitation to commit any of the offenses described in p aragraphs (a) to (m) 26
of this subsection; 27
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(2) "Local government" means a city, county, consolidated local government, urban -1
county government, unified local government, or charter county government; 2
(3) "Local government youth day camp" means a camp operate d by a local government 3
for all or part of a day, whether free or for a fee, for five (5) or more children under 4
eighteen (18) years of age outside the presence of their parent or guardian for 5
recreational or educational purposes for four (4) or more conse cutive hours per day 6
during school vacation periods, school breaks, or school cancellations; 7
(4) "Sex crime" means a conviction or a plea of guilty to any of the following offenses: 8
(a) Rape in the first degree as in KRS 510.040; 9
(b) Rape in the second degree as in KRS 510.050; 10
(c) Rape in the third degree as in KRS 510.060; 11
(d) Sodomy in the first degree as in KRS 510.070; 12
(e) Sodomy in the second degree as in KRS 510.080; 13
(f) Sodomy in the third degree as in KRS 510.090; 14
(g) Sodomy in the fourth degree as in KRS 510.100; 15
(h) Sexual abuse in the first degree as in KRS 510.110; 16
(i) Sexual abuse in the second degree as in KRS 510.120; 17
(j) Sexual abuse in the third degree as in KRS 510.130; 18
(k) Indecent exposure in the first degree as in KRS 510.148; 19
(l) Indecent exposure in the second degree as in KRS 510.150; 20
(m) Unlawful use of electronic means originating or received within the 21
Commonwealth to induce a minor to engage in sexual or other prohibited 22
activities as in KRS 510.155; or 23
(n) Incest as in KRS 530.020; 24
(5) "Staff member" means: 25
(a) An individual who is employed by a youth camp or camp or a local 26
government youth day camp for compensation; 27
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(b) A contract employee or a self -employed individual whose employment 1
directly involves the care or supervision of children or unsupervised access to 2
children placed with a youth camp or camp or a local government youth day 3
camp; or 4
(c) A volunteer or intern whose activities on behalf of a youth camp or camp or a 5
local government youth d ay camp directly involves the care or supervision of 6
children or unsupervised access to children placed with a youth camp or camp 7
or a local government youth day camp; 8
(6) "Sunscreen" means a product approved by the United States Food and Drug 9
Administration for over -the-counter use for the purpose of limiting ultraviolet 10
light-induced skin damage. Sunscreen shall not be considered a prescription drug 11
or a nonprescription drug defined in KRS 315.010 and shall not require a 12
prescription or order for possession or self-application by a child; 13
(7) "Violent offender" means any person who has been convicted of or who has entered 14
a plea of guilty to the commission of a capital offense, Class A felony, Class B 15
felony involving the death of the victim or serious phy sical injury to the victim, or 16
rape in the first degree, or sodomy in the first degree; and 17
(8)[(7)] "Youth camp" or "camp" means: 18
(a) Any camp required pursuant to KRS 211.180 to obtain a permit to operate; 19
and 20
(b) Any program offered, whether free or for a fee, for recreational, educational, 21
sports training, or vacation purposes to children under eighteen (18) years of 22
age that a child attends outside the presence of his or her parent or legal 23
guardian. 24
SECTION 3. A NEW SECTION OF KRS 194A.380 TO 194A.383 IS 25
CREATED TO READ AS FOLLOWS: 26
Each youth camp shall adopt a policy authorizing a child to carry and self -administer 27
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child-provided or parent-provided sunscreen while attending such camp. 1