HB 126 (BR 948) - M. Marzian, L. Belcher, K. Bratcher, P. Clark, B. Colter, R. Crimm, D. Horlander, J. Jenkins, C. Miller, R. Nelson, J. Wayne, S. Westrom
AN ACT relating to the provision of health care services in the schools.
Create a new section of KRS Chapter 156 to establish a full-time position of education school nurse consultant within the Department of Education and specify employment requirements and job duties to include development of protocols for health procedures performed by health professionals and school personnel, development of quality improvement measures for schools and local health departments, data collection, and reporting; require the Department of Education to bear 50% of the cost of the position and require administrative regulations to further specify duties and employment requirements; create a new section of KRS Chapter 156 to require that health services be provided in a school setting by a physician, nurse, or school employee who accepts delegation of responsibility from a physician or nurse and has been trained and approved in writing by a physician or nurse on a form to be retained in school records; create a new section of KRS Chapter 156 to require a school employee to provide a health service if the employee willingly accepts delegation, training, has been approved by a physician or nurse to provide the service, and has signed an approval form; require protocols on school health services to be maintained in each school library; require schools to make any necessary arrangement to provide health services to prevent loss of attendance or participation; specify that there is no cause for disciplinary action as a result of a school employee's refusal to accept delegation and provide that the employee acts as an agent of the school who shall not incur personal liability for performing a health service at school; specify that nothing shall be construed to limit a student's attendance at public school or to deny, prohibit, or limit the administration of first aid or emergency procedures; create a new section of KRS Chapter 211 to require the Department for Public Health to bear 50% of the cost of the position of school nurse consultant and provide access, information, assistance, and support for the nurse consultant, and specify legislative intent for the position.
HB 126 - AMENDMENTS
HCS - Create new section of KRS Chapter 156 to require the Department of Education (KDE) in cooperation with the Department for Public Health (KDPH) to provide contract services or identify resources for the improvement of student health services including standardized protocols and guidelines for health procedures to be performed by health professionals and school personnel, consultation, technical assistance and development of quality improvement measures for boards of education, facilitation of state and local data collection and reporting of health services and information on providing health services; establish a position to assist in carrying out the responsibilities of the Act employing existing personnel or by contracting for personal service of a registered nurse who holds a BA in nursing and an MA in nursing or a related field with the costs of the position to be shared by the KDE and KDPH through a memorandum of agreement; define “health services” and “school employees” and require that health services shall be provided by a physician or a nurse licensed to practice under KRS Chapter 314 or a school employee who is delegated responsibility by physician or nurse to perform service and has received training and approval in writing by the delegating physician or nurse and add requirement that delegated responsibility is valid only for the current school year; if no school employee is trained and approved, the district shall make arrangements for health services to ensure student attendance or participation until appropriate school personnel is delegated responsibility; provide that a school employee properly delegated the responsibility is an agent of the school and granted protection from liability under federal law unless actions are determined willful, criminal, or flagrant indifference to rights and safety of others; provide that Act does not deny rights to attend public school or to receive school services, or limit the administration of emergency first aid or procedures; and require the KDPH to provide 50% of costs of position, and provide information, assistance and support to the education school nurse consultant and the KDE, and prohibit duplication of services or duties between KDE and KDPH.
HFA (1, T. Feeley) - Retain original provisions except include that protocols relating to health services in the schools include documentation relating to notification of the provision of health services by a school employee, certification of medical necessity, and informed consent by a parent or guardian; specify that the school employee may consent to providing health services; add negligence to the acts not covered by liability protection.
SCS - Retain original provisions; delete word "immediately" related to schools finding health services; and insert language to clarify that a person delegated responsibility to perform health services does not have the administration of health services in his or her contract or job description.
SFA (1, V. McGaha) - Attach provisions of SB 129.
SFA (2/Title, V. McGaha) - Make title amendment.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Education (H)
Feb 15-posted in committee
Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 28-2nd reading, to Rules
Mar 1-floor amendment (1) filed to Committee Substitute
Mar 6-posted for passage in the Regular Orders of the Day for Thursday, March 7, 2002
Mar 7-3rd reading, passed 93-1 with Committee Substitute, floor amendment (1)
Mar 8-received in Senate
Mar 13-to Education (S)
Mar 20-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Mar 21-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Mar 22-floor amendment (2-title) filed
Mar 29-posted for passage in the Consent Orders of the Day for Friday, March 29, 2002; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day for Friday, March 29, 2002; 3rd reading; floor amendments (1) and (2-title) withdrawn ; passed 31-0 with Committee Substitute
Apr 1-received in House; posted for passage for concurrence in Senate Committee Substitute
Apr 2-House concurred in Senate Committee Substitute ; passed 93-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 9-signed by Governor (Acts ch. 294)