1     
RESCUE MEDICATION IN SCHOOLS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen H. Urquhart

5     
House Sponsor: Gage Froerer

6     

7     LONG TITLE
8     General Description:
9          This bill provides for a trained public school employee volunteer to administer a seizure
10     rescue medication under certain conditions.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Department of Health to develop a training program for the
15     administration of seizure rescue medications by a school employee volunteer;
16          ▸     requires a public school to provide training for the administration of a seizure rescue
17     medication to a school employee who volunteers to receive training;
18          ▸     provides for a trained school employee to administer a seizure rescue medication
19     under certain conditions; and
20          ▸     provides certain exemptions from liability.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          53A-11-603.5, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 53A-11-603.5 is enacted to read:
31          53A-11-603.5. Trained school employee volunteers -- Administration of seizure
32     rescue medication -- Exemptions from liability.
33          (1) As used in this section:
34          (a) "Prescribing health care professional" means:
35          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
36     Act;
37          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
38     Osteopathic Medical Practice Act;
39          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
40     Practice Act; or
41          (iv) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
42          (b) "Section 504 accommodation plan" means a plan developed pursuant to Section
43     504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
44     an individual with a disability to ensure access to major life activities.
45          (c) "Seizure rescue authorization" means a student's Section 504 accommodation plan
46     that:
47          (i) certifies that:
48          (A) a prescribing health care professional has prescribed a seizure rescue medication
49     for the student;
50          (B) the student's parent or legal guardian has previously administered the student's
51     seizure rescue medication in a nonmedically-supervised setting without a complication; and
52          (C) the student has previously ceased having full body prolonged or convulsive seizure
53     activity as a result of receiving the seizure rescue medication;
54          (ii) describes the specific seizure rescue medication authorized for the student,
55     including the indicated dose, and instructions for administration;
56          (iii) requests that the student's public school identify and train school employees who
57     are willing to volunteer to receive training to administer a seizure rescue medication in

58     accordance with this section; and
59          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
60     medication in accordance with this section.
61          (d) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
62     health care professional, to be administered as described in a student's seizure rescue
63     authorization, while the student experiences seizure activity.
64          (ii) A seizure rescue medication does not include a medication administered
65     intravenously or intramuscularly.
66          (e) "Trained school employee volunteer" means an individual who:
67          (i) is an employee of a public school where at least one student has a seizure rescue
68     authorization;
69          (ii) is at least 18 years old; and
70          (iii) as described in this section:
71          (A) volunteers to receive training in the administration of a seizure rescue medication;
72          (B) completes a training program described in this section;
73          (C) demonstrates competency on an assessment; and
74          (D) completes annual refresher training each year that the individual intends to remain
75     a trained school employee volunteer.
76          (2) (a) The Department of Health shall, with input from the State Board of Education
77     and a children's hospital, develop a training program for trained school employee volunteers in
78     the administration of seizure rescue medications that includes:
79          (i) techniques to recognize symptoms that warrant the administration of a seizure
80     rescue medication;
81          (ii) standards and procedures for the storage of a seizure rescue medication;
82          (iii) procedures, in addition to administering a seizure rescue medication, in the event
83     that a student requires administration of the seizure rescue medication, including:
84          (A) calling 911; and
85          (B) contacting the student's parent or legal guardian;

86          (iv) an assessment to determine if an individual is competent to administer a seizure
87     rescue medication;
88          (v) an annual refresher training component; and
89          (vi) written materials describing the information required under this Subsection (2)(a).
90          (b) A public school shall retain for reference the written materials described in
91     Subsection (2)(a)(vi).
92          (c) The following individuals may provide the training described in Subsection (2)(a):
93          (i) a school nurse; or
94          (ii) a licensed heath care professional.
95          (3) (a) A public school shall, after receiving a seizure rescue authorization:
96          (i) inform school employees of the opportunity to be a school employee volunteer; and
97          (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
98     volunteers, using the training program described in Subsection (2)(a).
99          (b) A public school may not:
100          (i) obstruct the identification or training of a trained school employee volunteer; or
101          (ii) compel a school employee to become a trained school employee volunteer.
102          (4) A trained school employee volunteer may possess or store a prescribed rescue
103     seizure medication, in accordance with this section.
104          (5) A trained school employee volunteer may administer a seizure rescue medication to
105     a student with a seizure rescue authorization if:
106          (a) the student is exhibiting a symptom, described on the student's seizure rescue
107     authorization, that warrants the administration of a seizure rescue medication; and
108          (b) a licensed health care professional is not immediately available to administer the
109     seizure rescue medication.
110          (6) A trained school employee volunteer who administers a seizure rescue medication
111     shall direct an individual to call 911 and take other appropriate actions in accordance with the
112     training described in Subsection (2).
113          (7) A trained school employee volunteer who administers a seizure rescue medication

114     in accordance with this section in good faith is not liable in a civil or criminal action for an act
115     taken or not taken under this section.
116          (8) Section 53A-11-601 does not apply to the administration of a seizure rescue
117     medication.
118          (9) Section 53A-11-904 does not apply to the possession of a seizure rescue medication
119     in accordance with this section.
120          (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
121     and Professions, do not apply to a person licensed as a health care professional under Title 58,
122     Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
123     training a nonlicensed school employee who volunteers to administer a seizure rescue
124     medication in accordance with this section.
125          (b) Allowing a trained school employee volunteer to administer a seizure rescue
126     medication in accordance with this section does not constitute unlawful or inappropriate
127     delegation under Title 58, Occupations and Professions.