H.B. 56 Enrolled

1

EMERGENCY ADMINISTRATION OF
2 EPINEPHRINE
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Todd E. Kiser
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 General Description:
10 This bill amends the Emergency Injection for Anaphylactic Reaction Act to authorize
11 the administration of epinephrine auto-injectors in an emergency by a person designated
12 to receive training by the Department of Health.
13 Highlighted Provisions:
14 This bill:
15 . amends definitions;
16 . requires the Department of Health to approve training programs for the use and
17 storage of epinephrine auto-injectors in an emergency;
18 . authorizes the Department of Health, as funding is available, to conduct educational
19 programs to train people in the use and storage of epinephrine auto-injectors;
20 . establishes a standard for when a person has a need for training in the use of
21 epinephrine auto-injectors;
22 . authorizes a person trained in the use and storage of epinephrine auto-injectors to
23 obtain a prescription for the epinephrine auto-injector from a physician, pharmacist,
24 or other person authorized to prescribe or sell drugs; and
25 . authorizes the Department of Health to adopt administrative rules.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None

30 Utah Code Sections Affected:
31 AMENDS:
32 26-41-102, as enacted by Chapter 17, Laws of Utah 1998
33 26-41-103, as enacted by Chapter 17, Laws of Utah 1998
34 26-41-104, as enacted by Chapter 17, Laws of Utah 1998
35 26-41-105, as enacted by Chapter 17, Laws of Utah 1998
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-41-102 is amended to read:
39 26-41-102. Definitions.
40 As used in this chapter:
41 (1) "Anaphylaxis" means a potentially life-threatening hypersensitivity to a substance.
42 (a) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty
43 breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
44 (b) Causes of anaphylaxis may include insect sting, food allergy, drug reaction, and
45 exercise.
46 (2) "Designated person" means a person:
47 (a) 18 years of age or older; and
48 (b) who has successfully completed the training program established in Section
49 26-41-104 .
50 [(2)] (3) "Epinephrine auto-injector" means a disposable drug delivery system with a
51 spring-activated concealed needle that is designed for emergency administration of epinephrine
52 to provide rapid, convenient first-aid for persons suffering a potentially fatal anaphylactic
53 reaction.
54 Section 2. Section 26-41-103 is amended to read:
55 26-41-103. Voluntary participation.
56 (1) (a) This chapter does not create a duty or standard of care for a person to be trained
57 in the use and storage of epinephrine auto-injectors. A decision to successfully complete a

58 training program under Section 26-41-104 and to make emergency epinephrine auto-injectors
59 available under the provisions of this chapter is voluntary.
60 [(1)] (b) Each primary and secondary school in the state, both public and private, may
61 voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained
62 personnel available at school.
63 (2) In making a determination under Subsection (1), a school may evaluate the
64 emergency medical response time to the school and determine whether initiating emergency
65 medical services is an acceptable alternative to epinephrine auto-injectors and trained
66 personnel.
67 Section 3. Section 26-41-104 is amended to read:
68 26-41-104. Training in use of epinephrine auto-injector.
69 (1) Each primary and secondary school in the state, both public and private, may
70 designate one or more school personnel who volunteers to receive initial and annual refresher
71 training from the school nurse or other qualified person designated by the school district
72 physician, the medical director of the local health department, or the local emergency medical
73 services director regarding the storage and emergency use of an epinephrine auto-injector.
74 (2) A person who provides training under Subsection (1) or (6) shall include in the
75 training:
76 (a) techniques for recognizing symptoms of anaphylaxis;
77 (b) standards and procedures for the storage and emergency use of epinephrine
78 auto-injectors;
79 (c) emergency follow-up procedures, including calling the emergency 911 number and
80 contacting, if possible, the student's parent and physician; and
81 (d) written materials covering the information required under this Subsection (2).
82 (3) A [school] designated person shall retain for reference the written materials
83 prepared in accordance with Subsection (2)(d).
84 (4) A public school shall permit a student to possess an epinephrine auto-injector or
85 possess and self-administer an epinephrine auto-injector if:

86 (a) the student's parent or guardian signs a statement:
87 (i) authorizing the student to possess or possess and self-administer an epinephrine
88 auto-injector; and
89 (ii) acknowledging that the student is responsible for, and capable of, possessing or
90 possessing and self-administering an epinephrine auto-injector; and
91 (b) the student's health care provider provides a written statement that states that it is
92 medically appropriate for the student to possess or possess and self-administer an epinephrine
93 auto-injector and the student should be in possession of the epinephrine auto-injector at all
94 times.
95 (5) The Utah Department of Health, in cooperation with the state superintendent of
96 public instruction, shall design forms to be used by public schools for the parental and health
97 care providers statements described in Subsection (6).
98 (6) (a) The department:
99 (i) shall approve educational programs conducted by other persons, to train people
100 under Subsection (6)(b) of this section, regarding the use and storage of emergency epinephrine
101 auto-injectors; and
102 (ii) may, as funding is available, conduct educational programs to train people
103 regarding the use of and storage of emergency epinephrine auto-injectors.
104 (b) A person designated to receive training to administer an epinephrine auto-injector
105 under the provisions of this Subsection (6) must demonstrate a need for the training to the
106 department, which may be based upon occupational, volunteer, or family circumstances, and
107 shall include:
108 (i) camp counselors;
109 (ii) scout leaders;
110 (iii) forest rangers;
111 (iv) tour guides; and
112 (v) other persons who have or reasonably expect to have responsibility for at least one
113 other person as a result of the person's occupational or volunteer status.

114 (7) The department shall adopt rules in accordance with Title 63, Chapter 46a, Utah
115 Administrative Rulemaking Act, to:
116 (a) establish and approve training programs in accordance with this section; and
117 (b) establish a procedure for determining the need for training under Subsection
118 (6)(b)(v).
119 Section 4. Section 26-41-105 is amended to read:
120 26-41-105. Authority to obtain and use an epinephrine auto-injector.
121 (1) A person who [has received training under Section 26-41-104 : (1)] is designated by
122 a public or private primary or secondary school in the state to receive training under Subsection
123 26-41-104 (1), or a school nurse, may obtain from the school district physician, the medical
124 director of the local health department, or the local emergency medical services director a
125 prescription for epinephrine auto-injectors[;].
126 (2) A person permitted to administer epinephrine auto-injectors under the provisions of
127 Subsection 26-41-104 (6) may obtain from a physician, pharmacist, or any other person or
128 entity authorized to prescribe or sell prescribed medicines or drugs, a prescription for an
129 epinephrine auto-injector.
130 (3) A person authorized to administer an epinephrine auto-injector under the provisions
131 of this chapter may:
132 [(2) may] (a) immediately administer an epinephrine auto-injector to a person
133 exhibiting potentially life-threatening symptoms of anaphylaxis [at school or a school activity]
134 when a physician is not immediately available; and
135 [(3)] (b) shall initiate emergency medical services or other appropriate medical
136 follow-up in accordance with the training materials retained under Section 26-41-104 after
137 administering an epinephrine auto-injector.