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H.B. 101 Enrolled
8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Emergency Injection for Anaphylactic Reaction Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . provides that a school, school board, or school official of a primary or secondary
15 school may not prohibit or dissuade a teacher or other school employee from
16 receiving training to administer, possessing, storing, or administering an epinephrine
18 . requires each primary or secondary school in the state to make an emergency
19 epinephrine auto-injector available to any teacher or other school employee who is
20 employed at the school and is qualified to administer an epinephrine auto-injector;
21 . requires each primary and secondary school to make training available, regarding the
22 storage and use of an epinephrine auto-injector, to a teacher or other school
23 employee who volunteers to take the training; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 26-41-102, as last amended by Laws of Utah 2007, Chapter 37
32 26-41-103, as last amended by Laws of Utah 2007, Chapter 37
33 26-41-104, as last amended by Laws of Utah 2007, Chapter 37
34 26-41-105, as last amended by Laws of Utah 2007, Chapter 37
35 26-41-106, as enacted by Laws of Utah 1998, Chapter 17
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
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
54 (3) "Qualified adult" means a person who:
55 (a) is 18 years of age or older; and
56 (b) has successfully completed the training program established in Section 26-41-104 .
57 Section 2. Section 26-41-103 is amended to read:
58 26-41-103. Voluntary participation.
59 (1) [
60 trained in the use and storage of epinephrine auto-injectors. [
61 (2) Except as provided in Subsections (3) and (5), a decision by a person to successfully
62 complete a training program under Section 26-41-104 and to make emergency epinephrine
63 auto-injectors available under the provisions of this chapter is voluntary.
71 (3) A school, school board, or school official may not prohibit or dissuade a teacher or
72 other school employee at a primary or secondary school in the state, either public or private,
74 (a) completing a training program under Section 26-41-104 ;
75 (b) possessing or storing an epinephrine auto-injector on school property if:
76 (i) the teacher or school employee is a qualified adult; and
77 (ii) the possession and storage is in accordance with the training received under Section
78 26-41-104 ; or
79 (c) administering an epinephrine auto-injector to any person, if:
80 (i) the teacher or school employee is a qualified adult; and
81 (ii) the administration is in accordance with the training received under Section
82 26-41-104 .
83 (4) A school, school board, or school official may encourage a teacher or other school
84 employee to volunteer to become a qualified adult.
85 (5) (a) Each primary or secondary school in the state, both public and private, shall
86 make an emergency epinephrine auto-injector available to any teacher or other school employee
88 (i) is employed at the school; and
89 (ii) is a qualified adult.
90 (b) This section does not require a school described in Subsection (5)(a) to keep more
91 than one emergency epinephrine auto-injector on the school premises, so long as it may be
92 quickly accessed by a teacher or other school employee, who is a qualified adult, in the event of
93 an emergency.
94 (6) No school, school board, or school official shall retaliate or otherwise take adverse
95 action against a teacher or other school employee for:
96 (a) volunteering under Subsection (2);
97 (b) engaging in conduct described in Subsection (3); or
98 (c) failing or refusing to become a qualified adult.
99 Section 3. Section 26-41-104 is amended to read:
100 26-41-104. Training in use of epinephrine auto-injector.
101 (1) (a) Each primary and secondary school in the state, both public and private, [
103 refresher training [
104 auto-injector, available to any teacher or other school employee who volunteers to become a
105 qualified adult.
106 (b) The training described in Subsection (1)(a) may be provided by the school nurse, or
107 other [
108 physician, the medical director of the local health department, or the local emergency medical
109 services director [
110 (2) A person who provides training under Subsection (1) or (6) shall include in the
112 (a) techniques for recognizing symptoms of anaphylaxis;
113 (b) standards and procedures for the storage and emergency use of epinephrine
115 (c) emergency follow-up procedures, including calling the emergency 911 number and
116 contacting, if possible, the student's parent and physician; and
117 (d) written materials covering the information required under this Subsection (2).
118 (3) A [
119 prepared in accordance with Subsection (2)(d).
120 (4) A public school shall permit a student to possess an epinephrine auto-injector or
121 possess and self-administer an epinephrine auto-injector if:
122 (a) the student's parent or guardian signs a statement:
123 (i) authorizing the student to possess or possess and self-administer an epinephrine
124 auto-injector; and
125 (ii) acknowledging that the student is responsible for, and capable of, possessing or
126 possessing and self-administering an epinephrine auto-injector; and
127 (b) the student's health care provider provides a written statement that states that:
128 (i) it is medically appropriate for the student to possess or possess and self-administer
129 an epinephrine auto-injector; and
130 (ii) the student should be in possession of the epinephrine auto-injector at all times.
131 (5) The Utah Department of Health, in cooperation with the state superintendent of
132 public instruction, shall design forms to be used by public schools for the parental and health
133 care providers statements described in Subsection (6).
134 (6) (a) The department:
135 (i) shall approve educational programs conducted by other persons, to train people
136 under Subsection (6)(b) of this section, regarding the use and storage of emergency epinephrine
137 auto-injectors; and
138 (ii) may, as funding is available, conduct educational programs to train people regarding
139 the use of and storage of emergency epinephrine auto-injectors.
140 (b) A person [
141 epinephrine auto-injector under the provisions of this Subsection (6) must demonstrate a need
142 for the training to the department, which may be based upon occupational, volunteer, or family
143 circumstances, and shall include:
144 (i) camp counselors;
145 (ii) scout leaders;
146 (iii) forest rangers;
147 (iv) tour guides; and
148 (v) other persons who have or reasonably expect to have responsibility for at least one
149 other person as a result of the person's occupational or volunteer status.
150 (7) The department shall adopt rules in accordance with Title 63, Chapter 46a, Utah
151 Administrative Rulemaking Act, to:
152 (a) establish and approve training programs in accordance with this section; and
153 (b) establish a procedure for determining the need for training under Subsection
155 Section 4. Section 26-41-105 is amended to read:
156 26-41-105. Authority to obtain and use an epinephrine auto-injector.
157 (1) A [
158 employee at a public or private primary or secondary school in the state [
160 physician, the medical director of the local health department, or the local emergency medical
161 services director a prescription for epinephrine auto-injectors.
162 (2) A [
164 person or entity authorized to prescribe or sell prescribed medicines or drugs, a prescription for
165 an epinephrine auto-injector.
168 (3) A qualified adult:
169 (a) may immediately administer an epinephrine auto-injector to a person exhibiting
170 potentially life-threatening symptoms of anaphylaxis when a physician is not immediately
171 available; and
172 (b) shall initiate emergency medical services or other appropriate medical follow-up in
173 accordance with the training materials retained under Section 26-41-104 after administering an
174 epinephrine auto-injector.
175 Section 5. Section 26-41-106 is amended to read:
176 26-41-106. Immunity from liability.
177 (1) A [
178 who acts in good faith is not liable in any civil or criminal action for any act taken or not taken
179 under the authority of this chapter with respect to an anaphylactic reaction.
180 (2) Section 53A-11-601 does not apply to the administration of an epinephrine auto-
181 injector in accordance with this chapter.
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