§ 26B-4-406 — Voluntary participation.

(1) Sections 26B-4-406 through 26B-4-412 do not create a duty or standard of care for:
(1)(a) a person to be trained in the use and storage of injectable epinephrine , rescue medication, glucagon kits, or stock albuterol; or
(1)(b) except as provided in Subsection (5), a qualified injectable epinephrine rescue medication entity to store injectable epinephrine rescue medication, a qualified glucagon kit entity to store glucagon kits on its premises, or a qualified stock albuterol entity to store stock albuterol on its premises.
(2) Except as provided in Subsections (3) and (5), a decision by a person to successfully complete a training program under Section 26B-4-407, 26B-4-408, or 26B-4-412 and to make emergency injectable epinephrine rescue medication, glucagon kits, or stock albuterol available under the provisions of Sections 26B-4-406 through 26B-4-412 is voluntary.
(3) A school, school board, or school official may not prohibit or dissuade a teacher or other school employee at a primary or secondary school in the state, either public or private, from:
(3)(a) completing a training program under Section 26B-4-407, 26B-4-408, or 26B-4-412;
(3)(b) possessing or storing an injectable epinephrine rescue medication, glucagon kit, or stock albuterol on school property if:
(3)(b)(i) the teacher or school employee is a qualified adult; and
(3)(b)(ii) the possession and storage is in accordance with the training received under Section 26B-4-407, 26B-4-408, or 26B-4-412; or
(3)(c) administering an injectable epinephrine rescue medication, glucagon kit, or stock albuterol to any person, if:
(3)(c)(i) the teacher or school employee is a qualified adult; and
(3)(c)(ii) the administration is in accordance with the training received under Section 26B-4-407, 26B-4-408, or 26B-4-412.
(4) A school, school board, or school official may encourage a teacher or other school employee to volunteer to become a qualified adult.
(5) (5)(a) Each primary or secondary school in the state, both public and private, shall make an emergency injectable epinephrine rescue medication available to any teacher or other school employee who:
(5)(a)(i) is employed at the school; and
(5)(a)(ii) is a qualified adult.
(5)(b) This section does not require a school described in Subsection (5)(a) to keep more than one emergency injectable epinephrine rescue medication on the school premises, so long as it may be quickly accessed by a teacher or other school employee, who is a qualified adult, in the event of an emergency.
(6) (6)(a) Each primary or secondary school in the state, both public and private, may make a glucagon kit available to any school employee who:
(6)(a)(i) is employed at the school; and
(6)(a)(ii) is a qualified adult.
(6)(b) A qualified adult may administer a glucagon kit to a student who:
(6)(b)(i) has a diagnosis of diabetes by a health care provider;
(6)(b)(ii) has a glucagon authorization on file with the school; and
(6)(b)(iii) is showing symptoms of hypoglycemia.
(6)(c) This Subsection (6) does not relieve a student's parent or guardian from providing a student's medication or create an expectation that a school will have a glucagon kit available.
(7) (7)(a) Each primary or secondary school in the state, both public and private, may make stock albuterol available to any school employee who:
(7)(a)(i) is employed at the school; and
(7)(a)(ii) is a qualified adult.
(7)(b) A qualified adult may administer stock albuterol to a student who:
(7)(b)(i) has a diagnosis of asthma by a health care provider;
(7)(b)(ii) except as provided in Subsection (7)(d), has a current asthma action plan on file with the school; and
(7)(b)(iii) except as provided in Subsection (7)(d), is showing symptoms of an asthma emergency as described in the student's asthma action plan.
(7)(c) This Subsection (7) may not be interpreted to relieve a student's parent or guardian of providing a student's medication or create an expectation that a school will have stock albuterol available.
(7)(d) A qualified adult may administer stock albuterol to any student who appears to be experiencing respiratory distress or an asthma emergency on the qualified adult's training under Section 26-4-408 and regardless of whether a current asthma plan is on file.
(8) No school, school board, or school official shall retaliate or otherwise take adverse action against a teacher or other school employee for:
(8)(a) volunteering under Subsection (2);
(8)(b) engaging in conduct described in Subsection (3); or
(8)(c) failing or refusing to become a qualified adult.

Legislative History

Amended by Chapter 445, 2025 General Session