§ 53G-9-507 — Administration of adrenal insufficiency medication -- Training of school personnel -- Authority to use adrenal insufficiency medication -- Immunity from liability.

Utah § 53G-9-507

• 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) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, including vomiting, diarrhea, dehydration, low blood pressure, or loss of consciousness, or severe pain in the lower back, abdomen or legs.
(1)(b) "Adrenal crisis rescue authorization" means a student's individualized healthcare plan that:
(1)(b)(i) certifies that a prescribing health care professional has prescribed an adrenal crisis rescue medication for the student;
(1)(b)(ii) describes the specific adrenal crisis 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 an adrenal crisis rescue medication in accordance with this section; and
(1)(b)(iv) authorizes a trained school employee volunteer to administer an adrenal crisis rescue medication in accordance with this section.
(1)(c) "Adrenal crisis rescue medication" means a medication that a prescribing health care professional prescribes for administration to a student during an adrenal crisis activity as described in a student's adrenal crisis rescue authorization.
(1)(d) "Adrenal insufficiency" means an endocrine disorder that occurs when the adrenal glands do not adequately produce adrenal hormones.
(1)(e) "Prescribing health care professional" means:
(1)(e)(i) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(1)(e)(ii) an osteopathic physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(1)(e)(iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; or
(1)(e)(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act.
(1)(f) "Trained school employee volunteer" means an individual who:
(1)(f)(i) is an employee of an LEA in which at least one student is enrolled who has an adrenal crisis rescue authorization;
(1)(f)(ii) is at least 18 years old; and
(1)(f)(iii) as described in this section:
(1)(f)(iii)(A) volunteers to receive training in the administration of an adrenal crisis medication;
(1)(f)(iii)(B) completes a training program described in this section;
(1)(f)(iii)(C) demonstrates competency to administer an adrenal crisis rescue medication through an assessment; and
(1)(f)(iii)(D) completes annual training during each year in which the individual intends to act as 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 adrenal crisis rescue medication.
(2)(b) A public school shall retain for reference the written materials created for the training program described in Subsection (2)(a).
(3) (3)(a) A public school shall, after receiving an adrenal crisis 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 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:
(4)(a) possess or store a prescribed adrenal crisis rescue medication, in accordance with this section; and
(4)(b) administer an adrenal crisis rescue medication to a student with an adrenal crisis rescue authorization if:
(4)(b)(i) the student exhibits a symptom, described on the student's adrenal crisis rescue authorization, that warrants the administration of an adrenal crisis rescue medication; and
(4)(b)(ii) a licensed health care professional is not immediately available to administer the adrenal crisis rescue medication.
(5) A trained school employee volunteer who administers an adrenal crisis rescue medication shall take appropriate action in accordance with the training described in Subsection (2).
(6) A trained school employee volunteer who administers an adrenal crisis 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.
(7) Section 53G-9-502 does not apply to the administration of an adrenal crisis rescue medication.
(8) Section 53G-8-205 does not apply to the possession of an adrenal crisis rescue medication in accordance with this section.
(9) (9)(a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and Professions, do not apply to an individual who is licensed as a health care professional under Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist, for training, in good faith, a school employee who:
(9)(a)(i) volunteers to administer an adrenal crisis rescue medication in accordance with this section; and
(9)(a)(ii) is not licensed under Title 58, Occupations and Professions.
(9)(b) Allowing a trained school employee volunteer to administer an adrenal crisis rescue medication in accordance with this section does not constitute unlawful or inappropriate delegation under Title 58, Occupations and Professions.

Legislative History

Enacted by Chapter 309, 2024 General Session