Download Zipped Introduced WP 6.1 HB0130.ZIP 8,674 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 130

1    

EMERGENCY INJECTIONS FOR

2    
ANAPHYLACTIC REACTION

3    
1997 GENERAL SESSION

4    
STATE OF UTAH

5    
Sponsor: Margaret Dayton

6    AN ACT RELATING TO HEALTH; PROVIDING FOR TRAINING OF SCHOOL
7    PERSONNEL IN THE USE OF AN AUTO-INJECTOR FOR EMERGENCY
8    ADMINISTRATION OF MEDICATION IN CASE OF ANAPHYLACTIC SHOCK; AND
9    PROVIDING IMMUNITY FOR LIABILITY.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    ENACTS:
12         26-39-1, Utah Code Annotated 1953
13         26-39-2, Utah Code Annotated 1953
14         26-39-3, Utah Code Annotated 1953
15         26-39-4, Utah Code Annotated 1953
16    Be it enacted by the Legislature of the state of Utah:
17        Section 1. Section 26-39-1 is enacted to read:
18    
CHAPTER 39. ADVERSE REACTION EMERGENCY TREATMENT ACT

19         26-39-1. Title.
20        This chapter is known as the "Adverse Reaction Emergency Treatment Act."
21        Section 2. Section 26-39-2 is enacted to read:
22         26-39-2. Definitions.
23        As used in this chapter:
24        (1) "Adverse reaction" means a life threatening physical reaction often referred to as
25    anaphylaxis.
26        (a) Symptoms of an adverse reaction include asthma, wheezing, difficulty breathing,
27    difficulty talking or swallowing, hives, itching, shock, or abdominal pain.


1        (b) Causes of an adverse reaction may include insect sting, food allergy, drug reaction, or
2    exercise.
3        (2) "Auto-injector" means a disposable drug delivery system with a spring-activated
4    concealed needle that is designed for emergency self-administration of epinephrine to provide
5    rapid, convenient first-aid for persons sensitive to potentially fatal adverse reactions.
6        Section 3. Section 26-39-3 is enacted to read:
7         26-39-3. School personnel use of auto-injector -- Training.
8        Each primary and secondary school in the state, both public and private, may designate one
9    or more school personnel to receive training from the school nurse or other qualified person
10    regarding the emergency administration of an auto-injector and may maintain auto-injectors at the
11    school. The training shall include:
12        (1) techniques for recognizing symptoms of adverse reactions;
13        (2) standards and procedures for management and administration of an auto-injector; and
14        (3) emergency procedures, including calling the emergency 911 number, contacting the
15    student's parents or doctor if this information is available, and timing the adverse reaction.
16        Section 4. Section 26-39-4 is enacted to read:
17         26-39-4. Immunity from liability.
18        (1) A person who has received training under Section 26-39-3 is not liable in any civil or
19    criminal action for action taken or not taken under the authority of this chapter regarding an
20    emergency adverse reaction, if the person acts in good faith.
21        (2) (a) A person who has been trained under Section 26-39-3 and who is acting in good
22    faith is not subject to Section 53A-11-601, regarding administration of an auto-injector to a
23    student, unless the parent or guardian of the student has filed a written request with the school
24    regarding the administration of or prohibition of administration of medication, and the person
25    administering an auto-injector under this chapter has been advised by the school administrator in
26    writing of this request.
27        (b) It is the responsibility of the school administrator to ensure staff at the school who
28    receive training under Section 26-39-3 are advised of any student regarding whom authorization
29    for use of an auto-injector has been submitted under Section 53A-11-601 or regarding whom any
30    written request under Subsection (2)(a) has been submitted to the school.


- 2 -





Legislative Review Note
    as of 2-19-97 2:45 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


- 3 -


[Bill Documents][Bills Directory]