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Utah Health Code | |
Emergency Injection for Anaphylactic Reaction Act | |
Section 103 | Voluntary participation. |
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26-41-103. Voluntary participation. (1) This chapter does not create a duty or standard of care for a person to be trained in the use and storage of epinephrine auto-injectors. (2) Except as provided in Subsections (3) and (5), a decision by a person to successfully complete a training program under Section 26-41-104 and to make emergency epinephrine auto-injectors available under the provisions of this chapter 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: (a) completing a training program under Section 26-41-104; (b) possessing or storing an epinephrine auto-injector on school property if: (i) the teacher or school employee is a qualified adult; and (ii) the possession and storage is in accordance with the training received under Section 26-41-104; or (c) administering an epinephrine auto-injector to any person, if: (i) the teacher or school employee is a qualified adult; and (ii) the administration is in accordance with the training received under Section 26-41-104. (4) A school, school board, or school official may encourage a teacher or other school employee to volunteer to become a qualified adult. (5) (a) Each primary or secondary school in the state, both public and private, shall make an emergency epinephrine auto-injector available to any teacher or other school employee who: (i) is employed at the school; and (ii) is a qualified adult. (b) This section does not require a school described in Subsection (5)(a) to keep more than one emergency epinephrine auto-injector 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) No school, school board, or school official shall retaliate or otherwise take adverse action against a teacher or other school employee for: (a) volunteering under Subsection (2); (b) engaging in conduct described in Subsection (3); or (c) failing or refusing to become a qualified adult.
Amended by Chapter 64, 2008 General Session |
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