§ 53G-9-505 — Trained school employee volunteers -- Administration of seizure rescue medication -- Exemptions from liability.

Utah § 53G-9-505

• Jurisdiction: Utah
• Title 53G: Public Education System -- Local Administration
• Ch. 53G-9: Health and Welfare
• Part 53G-9-5: Administration of Medication

Text

(1) As used in this section:
(1)(a) "Prescribing health care professional" means:
(1)(a)(i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(1)(a)(ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(1)(a)(iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; or
(1)(a)(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act.
(1)(b) "Seizure rescue authorization" means a student's individualized healthcare plan that:
(1)(b)(i) certifies that:
(1)(b)(i)(A) a prescribing health care professional has prescribed a seizure rescue medication for the student;
(1)(b)(i)(B) the student's parent has previously administered the student's seizure rescue medication in a nonmedically-supervised setting without a complication; and
(1)(b)(i)(C) the student has previously ceased having full body prolonged or convulsive seizure activity as a result of receiving the seizure rescue medication;
(1)(b)(ii) describes the specific seizure rescue medication authorized for the student, including the indicated dose, and instructions for administration;
(1)(b)(iii) requests that the student's public school identify and train school employees who are willing to volunteer to receive training to administer a seizure rescue medication in accordance with this section; and
(1)(b)(iv) authorizes a trained school employee volunteer to administer a seizure rescue medication in accordance with this section.
(1)(c) (1)(c)(i) "Seizure rescue medication" means a medication, prescribed by a prescribing health care professional, to be administered as described in a student's seizure rescue authorization, while the student experiences seizure activity.
(1)(c)(ii) A seizure rescue medication does not include a medication administered intravenously or intramuscularly.
(1)(d) "Trained school employee volunteer" means an individual who:
(1)(d)(i) is an employee of a public school where at least one student has a seizure rescue authorization;
(1)(d)(ii) is at least 18 years old; and
(1)(d)(iii) as described in this section:
(1)(d)(iii)(A) volunteers to receive training in the administration of a seizure rescue medication;
(1)(d)(iii)(B) completes a training program described in this section;
(1)(d)(iii)(C) demonstrates competency on an assessment; and
(1)(d)(iii)(D) completes annual refresher training each year that the individual intends to remain a trained school employee volunteer.
(2) (2)(a) The Department of Health and Human Services shall, with input from the state board and a children's hospital, develop a training program for trained school employee volunteers in the administration of seizure rescue medications that includes:
(2)(a)(i) techniques to recognize symptoms that warrant the administration of a seizure rescue medication;
(2)(a)(ii) standards and procedures for the storage of a seizure rescue medication;
(2)(a)(iii) procedures, in addition to administering a seizure rescue medication, in the event that a student requires administration of the seizure rescue medication, including:
(2)(a)(iii)(A) calling 911; and
(2)(a)(iii)(B) contacting the student's parent;
(2)(a)(iv) an assessment to determine if an individual is competent to administer a seizure rescue medication;
(2)(a)(v) an annual refresher training component; and
(2)(a)(vi) written materials describing the information required under this Subsection (2)(a).
(2)(b) A public school shall retain for reference the written materials described in Subsection (2)(a)(vi).
(2)(c) The following individuals may provide the training described in Subsection (2)(a):
(2)(c)(i) a school nurse; or
(2)(c)(ii) a licensed heath care professional.
(3) (3)(a) A public school shall, after receiving a seizure rescue authorization:
(3)(a)(i) inform school employees of the opportunity to be a school employee volunteer; and
(3)(a)(ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who volunteers, using the training program described in Subsection (2)(a).
(3)(b) A public school may not:
(3)(b)(i) obstruct the identification or training of a trained school employee volunteer; or
(3)(b)(ii) compel a school employee to become a trained school employee volunteer.
(4) A trained school employee volunteer may possess or store a prescribed rescue seizure medication, in accordance with this section.
(5) A trained school employee volunteer may administer a seizure rescue medication to a student with a seizure rescue authorization if:
(5)(a) the student is exhibiting a symptom, described on the student's seizure rescue authorization, that warrants the administration of a seizure rescue medication; and
(5)(b) a licensed health care professional is not immediately available to administer the seizure rescue medication.
(6) A trained school employee volunteer who administers a seizure rescue medication shall direct an individual to call 911 and take other appropriate actions in accordance with the training described in Subsection (2).
(7) A trained school employee volunteer who administers a seizure rescue medication in accordance with this section in good faith is not liable in a civil or criminal action for an act taken or not taken under this section.
(8) Section 53G-9-502 does not apply to the administration of a seizure rescue medication.
(9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication in accordance with this section.
(10) (10)(a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and Professions, do not apply to a person licensed as a health care professional under Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist for, in good faith, training a nonlicensed school employee who volunteers to administer a seizure rescue medication in accordance with this section.
(10)(b) Allowing a trained school employee volunteer to administer a seizure rescue medication in accordance with this section does not constitute unlawful or inappropriate delegation under Title 58, Occupations and Professions.

Legislative History

Amended by Chapter 309, 2024 General Session