H.B. 176 Enrolled

EMERGENCY INJECTION FOR
ANAPHYLACTIC REACTION
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Margaret Dayton
AN ACT RELATING TO HEALTH; PERMITTING SCHOOLS TO HAVE PERSONNEL
TRAINED TO ADMINISTER EPINEPHRINE THROUGH AN AUTO-INJECTOR TO A
PERSON SUFFERING A POTENTIALLY LIFE-THREATENING ANAPHYLACTIC
REACTION; AND PROVIDING IMMUNITY FROM LIABILITY.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
26-40-101, Utah Code Annotated 1953
26-40-102, Utah Code Annotated 1953
26-40-103, Utah Code Annotated 1953
26-40-104, Utah Code Annotated 1953
26-40-105, Utah Code Annotated 1953
26-40-106, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-40-101 is enacted to read:
CHAPTER 40. EMERGENCY INJECTION FOR ANAPHYLACTIC REACTION
26-40-101. Title.
This chapter is known as the "Emergency Injection for Anaphylactic Reaction Act."
Section 2. Section 26-40-102 is enacted to read:
26-40-102. Definitions.
As used in this chapter:
(1) "Anaphylaxis" means a potentially life-threatening hypersensitivity to a substance.
(a) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty
breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
(b) Causes of anaphylaxis may include insect sting, food allergy, drug reaction, and

exercise.
(2) "Epinephrine auto-injector" means a disposable drug delivery system with a
spring-activated concealed needle that is designed for emergency administration of epinephrine to
provide rapid, convenient first-aid for persons suffering a potentially fatal anaphylactic reaction.
Section 3. Section 26-40-103 is enacted to read:
26-40-103. Voluntary participation.
(1) Each primary and secondary school in the state, both public and private, may voluntarily
determine whether or not to make emergency epinephrine auto-injectors and trained personnel
available at school.
(2) In making a determination under Subsection (1), a school may evaluate the emergency
medical response time to the school and determine whether initiating emergency medical services
is an acceptable alternative to epinephrine auto-injectors and trained personnel.
Section 4. Section 26-40-104 is enacted to read:
26-40-104. Training of school personnel in use of epinephrine auto-injector.
(1) Each primary and secondary school in the state, both public and private, may designate
one or more school personnel who volunteers to receive initial and annual refresher training from
the school nurse or other qualified person designated by the school district physician, the medical
director of the local health department, or the local emergency medical services director regarding
the storage and emergency use of an epinephrine auto-injector.
(2) A person who provides training under Subsection (1) shall include in the training:
(a) techniques for recognizing symptoms of anaphylaxis;
(b) standards and procedures for the storage and emergency use of epinephrine
auto-injectors;
(c) emergency follow-up procedures, including calling the emergency 911 number and
contacting, if possible, the student's parent and physician; and
(d) written materials covering the information required under this Subsection (2).
(3) A school shall retain for reference the written materials prepared in accordance with
Subsection (2)(d).

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Section 5. Section 26-40-105 is enacted to read:
26-40-105. Authority to obtain and use an epinephrine auto-injector.
A person who has received training under Section 26-40-104:
(1) or a school nurse may obtain from the school district physician, the medical director of
the local health department, or the local emergency medical services director a prescription for
epinephrine auto-injectors;
(2) may immediately administer an epinephrine auto-injector to a person exhibiting
potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician
is not immediately available; and
(3) shall initiate emergency medical services or other appropriate medical follow-up in
accordance with the training materials retained under Section 26-40-104 after administering an
epinephrine auto-injector.
Section 6. Section 26-40-106 is enacted to read:
26-40-106. Immunity from liability.
(1) A person who has received training under Section 26-40-104 and acts in good faith is not
liable in any civil or criminal action for any act taken or not taken under the authority of this chapter
with respect to an anaphylactic reaction.
(2) Section 53A-11-601 does not apply to the administration of an epinephrine auto- injector
in accordance with this chapter.

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