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H.B. 101
This document includes House Committee Amendments incorporated into the bill on Tue,
Jan 29, 2008 at 2:08 PM by ddonat. -->
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AMENDMENTS TO EMERGENCY INJECTION
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FOR ANAPHYLACTIC REACTION ACT
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Todd E. Kiser
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Senate Sponsor:
Margaret Dayton
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LONG TITLE
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General Description:
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This bill amends provisions of the Emergency Injection for Anaphylactic Reaction Act.
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Highlighted Provisions:
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This bill:
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. defines terms;
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. provides that a school, school board, or school official of a primary or secondary
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school may not prohibit or dissuade a teacher H. or other school employee .H from receiving
15a
training to administer,
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possessing, storing, or administering an epinephrine auto-injector;
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. requires each primary or secondary school in the state to make an emergency
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epinephrine auto-injector available to any teacher H. or other school employee who is .H
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employed at the school H. [
who
] and .H is
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qualified to administer an epinephrine auto-injector;
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. requires each primary and secondary school to make training available, regarding
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the storage and use of an epinephrine auto-injector, to a teacher H. or other school employee .H
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who volunteers to
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take the training; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26-41-102, as last amended by Laws of Utah 2007, Chapter 37
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26-41-103, as last amended by Laws of Utah 2007, Chapter 37
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26-41-104, as last amended by Laws of Utah 2007, Chapter 37
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26-41-105, as last amended by Laws of Utah 2007, Chapter 37
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26-41-106, as enacted by Laws of Utah 1998, Chapter 17
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-41-102
is amended to read:
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26-41-102. Definitions.
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As used in this chapter:
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(1) "Anaphylaxis" means a potentially life-threatening hypersensitivity to a substance.
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(a) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty
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breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
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(b) Causes of anaphylaxis may include insect sting, food allergy, drug reaction, and
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exercise.
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[(2) "Designated person" means a person:]
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[(a) 18 years of age or older; and]
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[(b) who has successfully completed the training program established in Section
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26-41-104
.]
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[(3)] (2) "Epinephrine auto-injector" means a disposable drug delivery system with a
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spring-activated concealed needle that is designed for emergency administration of epinephrine
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to provide rapid, convenient first-aid for persons suffering a potentially fatal anaphylactic
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reaction.
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(3) "Qualified adult" means a person who:
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(a) is 18 years of age or older; and
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(b) has successfully completed the training program established in Section
26-41-104
.
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Section 2.
Section
26-41-103
is amended to read:
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26-41-103. Voluntary participation.
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(1) [(a)] This chapter does not create a duty or standard of care for a person to be
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trained in the use and storage of epinephrine auto-injectors. [A decision]
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(2) Except as provided in Subsections (3) and (5), a decision by a person to
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successfully complete a training program under Section
26-41-104
and to make emergency
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epinephrine auto-injectors available under the provisions of this chapter is voluntary.
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[(b) Each primary and secondary school in the state, both public and private, may
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voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained
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personnel available at school.]
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[(2) In making a determination under Subsection (1), a school may evaluate the
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emergency medical response time to the school and determine whether initiating emergency
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medical services is an acceptable alternative to epinephrine auto-injectors and trained
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personnel.]
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(3) A school, school board, or school official may not prohibit or dissuade a teacher H. or
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other school employee .H at
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a primary or secondary school in the state, either public or private, from:
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(a) completing a training program under Section
26-41-104
;
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(b) possessing or storing an epinephrine auto-injector on school property if:
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(i) the teacher H. or school employee .H is a qualified adult; and
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(ii) the possession and storage is in accordance with the training received under Section
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26-41-104
; or
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(c) administering an epinephrine auto-injector to any person, if:
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(i) the teacher H. or school employee .H is a qualified adult; and
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(ii) the administration is in accordance with the training received under Section
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26-41-104
.
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(4) A school, school board, or school official may encourage a teacher H. or other school
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employee .H to volunteer to
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become a qualified adult.
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(5) (a) Each primary or secondary school in the state, both public and private, shall
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make an emergency epinephrine auto-injector available to any teacher H. or other school
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employee who:
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(i) is .H employed at the school H. ; and
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(ii) [
who
] .H is a qualified adult.
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(b) This section does not require a school described in Subsection (5)(a) to keep more
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than one emergency epinephrine auto-injector on the school premises, so long as it may be
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quickly accessed by a teacher H. or other school employee, .H who is a qualified
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adult H. , .H in the event of an emergency.
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H. (6) No school, school board, or school official shall retaliate or otherwise take
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adverse action against a teacher or other school employee for:
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(a) volunteering under Subsection (2);
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(b) engaging in conduct described in Subsection (3); or
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(c) failing or refusing to become a qualified adult. .H
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Section 3.
Section
26-41-104
is amended to read:
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26-41-104. Training in use of epinephrine auto-injector.
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(1) (a) Each primary and secondary school in the state, both public and private, [may
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designate one or more school personnel who volunteers to receive] shall make initial and
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annual refresher training [from], regarding the storage and emergency use of an epinephrine
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auto-injector, available to any teacher H. or other school employee .H who volunteers to
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become a qualified adult.
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(b) The training described in Subsection (1)(a) may be provided by the school nurse, or
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other [qualified] person qualified to provide such training, designated by the school district
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physician, the medical director of the local health department, or the local emergency medical
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services director [regarding the storage and emergency use of an epinephrine auto-injector].
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(2) A person who provides training under Subsection (1) or (6) shall include in the
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training:
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(a) techniques for recognizing symptoms of anaphylaxis;
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(b) standards and procedures for the storage and emergency use of epinephrine
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auto-injectors;
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(c) emergency follow-up procedures, including calling the emergency 911 number and
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contacting, if possible, the student's parent and physician; and
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(d) written materials covering the information required under this Subsection (2).
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(3) A [designated person] qualified adult shall retain for reference the written materials
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prepared in accordance with Subsection (2)(d).
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(4) A public school shall permit a student to possess an epinephrine auto-injector or
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possess and self-administer an epinephrine auto-injector if:
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(a) the student's parent or guardian signs a statement:
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(i) authorizing the student to possess or possess and self-administer an epinephrine
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auto-injector; and
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(ii) acknowledging that the student is responsible for, and capable of, possessing or
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possessing and self-administering an epinephrine auto-injector; and
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(b) the student's health care provider provides a written statement that states that:
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(i) it is medically appropriate for the student to possess or possess and self-administer
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an epinephrine auto-injector; and
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(ii) the student should be in possession of the epinephrine auto-injector at all times.
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(5) The Utah Department of Health, in cooperation with the state superintendent of
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public instruction, shall design forms to be used by public schools for the parental and health
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care providers statements described in Subsection (6).
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(6) (a) The department:
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(i) shall approve educational programs conducted by other persons, to train people
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under Subsection (6)(b) of this section, regarding the use and storage of emergency epinephrine
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auto-injectors; and
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(ii) may, as funding is available, conduct educational programs to train people
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regarding the use of and storage of emergency epinephrine auto-injectors.
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(b) A person [designated] who volunteers to receive training to administer an
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epinephrine auto-injector under the provisions of this Subsection (6) must demonstrate a need
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for the training to the department, which may be based upon occupational, volunteer, or family
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circumstances, and shall include:
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(i) camp counselors;
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(ii) scout leaders;
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(iii) forest rangers;
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(iv) tour guides; and
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(v) other persons who have or reasonably expect to have responsibility for at least one
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other person as a result of the person's occupational or volunteer status.
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(7) The department shall adopt rules in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, to:
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(a) establish and approve training programs in accordance with this section; and
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(b) establish a procedure for determining the need for training under Subsection
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(6)(b)(v).
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Section 4.
Section
26-41-105
is amended to read:
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26-41-105. Authority to obtain and use an epinephrine auto-injector.
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(1) A [person] qualified adult who is [designated by] a teacher H. or other school
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employee .H at a public or private
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primary or secondary school in the state [to receive training under Subsection
26-41-104
(1)], or
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a school nurse, may obtain from the school district physician, the medical director of the local
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health department, or the local emergency medical services director a prescription for
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epinephrine auto-injectors.
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(2) A [person permitted to administer epinephrine auto-injectors under the provisions
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of Subsection
26-41-104
(6)] qualified adult may obtain from a physician, pharmacist, or any
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other person or entity authorized to prescribe or sell prescribed medicines or drugs, a
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prescription for an epinephrine auto-injector.
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[(3) A person authorized to administer an epinephrine auto-injector under the
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provisions of this chapter:]
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(3) A qualified adult:
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(a) may immediately administer an epinephrine auto-injector to a person exhibiting
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potentially life-threatening symptoms of anaphylaxis when a physician is not immediately
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available; and
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(b) shall initiate emergency medical services or other appropriate medical follow-up in
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accordance with the training materials retained under Section
26-41-104
after administering an
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epinephrine auto-injector.
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Section 5.
Section
26-41-106
is amended to read:
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26-41-106. Immunity from liability.
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(1) A [person who has received training under Section
26-41-104
and] qualified adult
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who acts in good faith is not liable in any civil or criminal action for any act taken or not taken
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under the authority of this chapter with respect to an anaphylactic reaction.
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(2) Section
53A-11-601
does not apply to the administration of an epinephrine auto-
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injector in accordance with this chapter.
Legislative Review Note
as of 12-27-07 10:18 AM