Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
156.160(1)(h), (i), (j),
156.501,
156.502,
158.035,
158.160,
158.838,
161.145,
214.034,
214.036,
29 C.F.R.
1910.1030
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.070(1) requires the
Kentucky Board of Education to manage and control all the common schools and
all programs operated in these schools.
KRS
156.160(1)(h) requires the
board to promulgate administrative regulations governing medical inspection,
physical and health education and recreation, and other administrative
regulations necessary or advisable for the protection of the physical welfare
and safety of the public school children.
KRS
156.160(1)(i) and (j)
require the board to promulgate administrative regulations governing a required
vision examination and a dental screening or examination. This administrative
regulation establishes criteria for preventive student health care examinations
at the local school district level.
Section
1. School Employee Medical Examinations.
(1) Except as provided in subsection (2) of
this section, a local board of education shall require a medical examination of
each certified or classified employee, including each substitute teacher. The
medical examination shall:
(a) Be conducted
prior to initial employment; and
(b) Include a tuberculosis (TB) risk
assessment.
1. If the individual is identified
by that assessment as being at high risk for TB, the individual shall be
required to undergo the administration of a tuberculin skin test (TST) or a
blood test for Mycobacterium tuberculosis (BAMT).
2. The TB risk assessment shall be performed
and reported by a physician, an advanced practice registered nurse, a
physician's assistant, or a registered nurse.
(2) The medical examination requirement shall
not apply to school bus drivers who are covered by
702
KAR 5:080.
(3) A local board of education may require by
policy that a school employee physical examination be conducted no earlier than
a ninety (90) day period prior to initial employment.
(4) A medical examination shall be reported
on the form Medical Examination of School Employees, KDESHS001, or an
electronic medical record that includes all of the data equivalent to that on
the Medical Examination of School Employees form.
(5) A person who tests positive for TB shall
be required to comply with the directives of the local board of health and the
Kentucky Department for Public Health for further evaluation and treatment of
the TB infection.
(6)
(a) Following the required medical
examination for initial employment and any subsequent examinations as may be
required for positive tuberculin reactors, a school district employee other
than a bus driver shall submit to the local school superintendent the completed
Medical Examination of School Employees form or an electronic medical record
that includes all of the data equivalent to that on the Medical Examination of
School Employees form required by subsection (4) of this section.
(b) The medical examination shall be
performed and signed for by a physician, physician's assistant, or an advanced
practice registered nurse. Transmission of an electronic medical record to the
school district via email from the health care provider's office may be
accepted as the official signature.
(7) Documentation of a TST, BAMT, and chest
x-ray, if performed, shall include:
(a) The
date given;
(b) Type of
test;
(c) Millimeters of
induration;
(d) Date read and by
whom; and
(e) Date x-ray taken and
results as related to TB status.
(8)
(a)
1. A local board of education shall require
all school personnel exhibiting symptoms of chronic respiratory disease to
undergo a TB risk assessment and examinations as indicated.
2. The evaluation and any recommended
treatment for TB infection shall be based upon the directives of the local
board of health and the Kentucky Department for Public Health.
(b) An employee exposed to
infectious TB shall be tested and, if necessary, treated for TB infection
according to the directives of the local board of health.
(c) The school district shall require school
district employees to undergo more extensive testing for TB if:
1. The number of active TB cases in the
county is equal to or greater than the national average, as established by the
Department for Public Health, Division of Epidemiology and Health Planning,
Tuberculosis Prevention and Control Program; and
2. The local board of health, with the
approval of the Kentucky Department for Public Health, requires more extensive
testing for TB of school district employees.
Section 2. Preventive Student
Health Care Examinations.
(1)
(a) A local board of education shall require
a preventive health care examination for students within one (1) year prior to
initial entry to school.
(b) A
second examination shall be required within one (1) year prior to entry into
the sixth grade.
(c) A third
examination may be required by policy of the local board of education within
one (1) year prior to entry into the ninth grade.
(2) An out-of-state transfer student shall be
required to submit documentation of a preventive health care
examination.
(3) A local board of
education may extend the deadline by which to obtain a preventive student
health care examination, not to exceed two (2) months.
(4) A preventive student health care
examination shall be performed and signed for by a physician, an advanced
practice registered nurse, a physician's assistant, or by a health care
provider in the early periodic screening diagnosis and treatment programs.
Transmission of an electronic medical record to the school district via email
from the health care provider's office may be accepted as the official
signature.
(5) A preventive student
health care examination shall be reported on the Preventive Student Health Care
Examination Form, KDESHS002, or an electronic medical record that includes all
of the data equivalent to that on the Preventive Student Health Care
Examination Form, and shall include:
(a) A
medical history;
(b) An assessment
of growth and development and general appearance;
(c) A physical assessment including hearing
and vision screening; and
(d)
Recommendations to the school regarding health problems that may require
special attention in classroom or physical education activities.
(6)
(a) A vision examination shall be reported on
the form, Kentucky Eye Examination Form for School Entry, KDESHS004, or other
electronic medical record that includes all of the data equivalent to that on
the Kentucky Eye Examination Form for School Entry.
(b) A dental screening or examination shall
be reported on the form, Kentucky Dental Screening/Examination Form for School
Entry, KDESHS005, or other electronic medical record that includes all of the
data equivalent to that on the Kentucky Dental Screening/Examination Form for
School Entry.
(7) A
local school district shall establish a plan for implementation and compliance
required for the sixth grade preventive student health care
examination.
(8) A current
Immunization Certificate, EPID-230, incorporated by reference into
902
KAR 2:060, or an immunization certificate meeting the
requirements of
902
KAR 2:060, Section 4, shall be on file within two (2)
weeks of the child's enrollment in school.
(9)
(a) A
board of education shall adopt a program of continuous health supervision for
all currently enrolled students.
(b) Supervision shall include scheduled
screening tests for vision and hearing.
(c) Supervision shall include the adoption of
policies for the implementation of seizure action plans pursuant to KRS
158.838.Seizure action plan shall have the same meaning as in
KRS
158.832.
(10) A school shall have emergency care
procedures, which shall include:
(a) First
aid facilities meeting the requirements of
702 KAR
4:170, including provisions for designated areas for
the child to recline;
(b) A
requirement that whenever children are present during school hours, there shall
be at least one (1) adult present in the school who is certified in a standard
first aid course which includes CPR for infants and children;
(c) A requirement that, at all times when
enrolled students, for whom documentation under
KRS
158.838(2) or (7), including
seizure action plans, has been provided to the school, are present during
school hours or participating in school-related activities, there is a school
employee who is trained to administer and can administer or assist with the
self-administration of glucagon, insulin, or seizure medications approved by
the United States Food and Drug Administration or successor agency and
administered pursuant to a student's seizure action plan. A student shall be
permitted to conduct the actions and possess the supplies and equipment
described in
KRS
158.838(7) at school-related
activities regardless of whether the student is a participant or mere observer
of the school-related activity;
(d)
A number at which parents can be reached; and
(e) The name of a family physician.
Section 3. Cumulative
Health Records.
(1) A school shall initiate a
cumulative health record for each student entering its school.
(a) The record shall be maintained throughout
the student's attendance.
(b) The
record shall be uniform and shall be on the form Student's Cumulative Health
Record, KDESHS006, or the record shall be maintained electronically in the
student information system.
(c) The
record shall include screening tests related to growth and development, vision,
hearing, and any dental screenings other than the initial dental screening
recorded on the Kentucky Dental Screening/Examination Form for School Entry,
KDESHS005, and findings and recommendations of a health care provider and a
dentist.
(d) A follow-up by the
proper health or school authorities shall be made on each abnormality noted,
and the result shall be recorded.
(2) A local school district shall report all
known or suspected cases of communicable disease immediately to the local
health department.
Section
4. School District Health Personnel.
(1) A superintendent shall designate a person
to serve as school health coordinator for the district. The person designated
shall meet the following minimum qualifications:
(a) A valid license to practice as a
registered nurse, issued under
KRS
314.041 by the Kentucky Board of Nursing, and
three (3) years of registered nursing practice, as defined in
KRS
314.011(6);
(b) A school psychologist certificate, issued
by the Education Professional Standards Board (EPSB) pursuant to
16 KAR
2:090, and a minimum of three (3) years of related
work experience in a school setting; or
(c) A school social worker certificate,
issued by the EPSB pursuant to
16 KAR
2:070, and a minimum of three (3) years of work
experience practicing social work in a school setting.
(2) The school health coordinator shall work
in cooperation with all school personnel, the local board of education, the
department, the local health department, and family resource and youth services
centers, in promoting and implementing a school health services
program.
Section 5.
Delegation to Perform Medication Administration. A local board of education
shall require proof that all unlicensed school personnel who have accepted
delegation to perform medication administration in school have completed a
training course provided by the department or allowed under
KRS
158.838(1)(c). The
department's course shall be developed in consultation with the Kentucky Board
of Nursing to ensure compliance with
201 KAR
20:400 and
KRS
156.502.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Medical Examination of School
Employees", KDESHS001, January 1, 2015;
(b) "Preventive Student Health Care
Examination Form", KDESHS002, January 1, 2015;
(c) "Student's Cumulative Health Record",
KDESHS006, January 2, 2015;
(d)
"Kentucky Eye Examination Form for School Entry", KDESHS004, January 1, 2015;
and
(e) "Kentucky Dental
Screening/Examination Form For School Entry", KDESHS005, January 2,
2015.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of District Support, Department of Education, 300 Sower Boulevard,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
156.070,
156.160(1),
158.838