This document includes House Committee Amendments incorporated into the bill on Tue, Mar 1, 2016 at 2:59 PM by cynthiahopkin.
Representative Douglas V. Sagers proposes the following substitute bill:


1     
EPILEPSY TRAINING IN PUBLIC SCHOOLS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Douglas V. Sagers

5     
Senate Sponsor: Stephen H. Urquhart

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the administration of intranasal midazolam to a public school
10     student under certain conditions.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Department of Health, with input from an association of school nurses
15     and an association of medical doctors, to develop:
16               •     an intranasal midazolam authorization form for use in a public school;
17               •     a training program and competency assessment for administration of intranasal
18     midazolam; and
19               •     a list of qualified licensed health care personnel who are willing to train a school
20     employee to administer intranasal midazolam;
21          ▸     provides for a school employee who is not a licensed health care professional to
22     administer intranasal midazolam to a public school student under certain conditions;
23     and
24          ▸     provides certain exemptions from liability.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     ENACTS:
31          53A-11-600.5, Utah Code Annotated 1953
32          53A-11-603.5, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53A-11-600.5 is enacted to read:
36          53A-11-600.5. Definitions.
37          As used in this part:
38          (1) "Individualized Education Program" or "IEP" means a written statement for a
39     student with a disability that is developed, reviewed, and revised in accordance with the
40     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
41          (2) "Intranasal midazolam authorization" means:
42          (a) a form, described in Section 53A-11-603.5, that includes a statement signed by a
43     physician and the parent or legal guardian of a student with epilepsy, that:
44          (i) certifies that the student with epilepsy:
45          (A) has a prescription for intranasal midazolam;
46          (B) may receive intranasal midazolam when the student experiences full body
46a     Ĥ→ prolonged or ←Ĥ
47     convulsive seizure activity described in a plan of care, provided by the student's physician, on
48     file with the student's school;
49          (C) has previously received intranasal midazolam administered by the student's parent
50     or legal guardian in a nonmedically-supervised setting without a complication; and
51          (D) has previously ceased having full body convulsive seizure activity as a result of
52     receiving intranasal midazolam;
53          (ii) describes the student's specific symptoms that warrant administration of intranasal
54     midazolam;
55          (iii) requests that the public school of a student with an intranasal midazolam
56     authorization identify and train at least three Ĥ→ trained ←Ĥ school employee volunteers; and

57          (iv) authorizes a Ĥ→ trained ←Ĥ school employee volunteer to administer intranasal
57a     midazolam in an
58     emergency to a student with an intranasal midazolam authorization, as described in this
59     section; or
60          (b) one of the following that contains all of the information described in Subsection
61     (2)(a):
62          (i) a Section 504 accommodation plan;
63          (ii) an IEP; or
64          (iii) a health plan approved by a school.
64a      Ĥ→ (3) "Section 504 accomodation plan" means a plan developed purusant to Section 504
64b     of the Rehabilitation Act of 1973, as amended, to provide appropriate accomodations to an
64c     individual with a disability to ensure access to major life activities.
65          [
(3) "School] (4) "Trained school ←Ĥ employee volunteer" means an individual who:
66          (a) is an employee of a public school where at least one student has an intranasal
67     midazolam authorization;
68          (b) is 18 years old or older;
69          (c) is certified in cardiopulmonary resuscitation; and
70          (d) as described in Section 53A-11-603.5:
71          (i) volunteers to receive training in administering intranasal midazolam;
72          (ii) completes a training program; and
73          (iii) demonstrates competency on an assessment.
74          Ĥ→ [
(4) "Section 504 accommodation plan" means a plan developed pursuant to Section
75     504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
76     an individual with a disability to ensure access to major life activities.
] ←Ĥ

77          Section 2. Section 53A-11-603.5 is enacted to read:
78          53A-11-603.5. Administration of intranasal midazolam -- Training of school
78a     Ĥ→ trained ←Ĥ
79     employee volunteers -- Authority to use intranasal midazolam -- Immunity from liability.
80          (1) The Department of Health, in cooperation with the State Board of Education and
81     with input from an association of school nurses and an association of medical doctors, shall:
82          (a) create an intranasal midazolam authorization form for a public school to use as
83     described in this section;
84          (b) develop a training program for a Ĥ→ trained ←Ĥ school employee volunteer that includes:
85          (i) techniques for recognizing the specific seizure symptoms described in a student's
86     intranasal midazolam authorization;
87          (ii) standards and procedures for the storage and competent administration of intranasal

88     midazolam;
89          (iii) other emergency procedures in the event a Ĥ→ trained ←Ĥ school employee
89a     volunteer administers
90     intranasal midazolam, including:
91          (A) calling 911; and
92          (B) contacting the student's parent or legal guardian;
93          (iv) general seizure first aid;
94          (v) written material covering the information described in this Subsection (1)(b); and
95          (vi) an assessment to determine if an individual is competent to administer intranasal
96     midazolam; and
97          (c) maintain a list of qualified licensed health care personnel who are willing to
98     provide the training described in Subsection (1)(b) to an individual who volunteers to become a
99     Ĥ→ trained ←Ĥ school employee volunteer.
100          (2) A public school where at least one student has an intranasal midazolam
101     authorization form shall coordinate with a provider on the list of qualified licensed health care
102     personnel described in Subsection (1)(c) to provide:
103          (a) the training described in Subsection (1)(b) to an individual who volunteers to
104     become a Ĥ→ trained ←Ĥ school employee volunteer; and
105          (b) annual refresher training to a Ĥ→ trained ←Ĥ school employee volunteer.
106          (3) (a) Except as provided in Subsection (3)(b), a nonlicensed individual may not
107     remove intranasal midazolam from a locked secure location on school property.
108          (b) A Ĥ→ trained ←Ĥ school employee volunteer may:
109          (i) administer intranasal midazolam in accordance with Subsection (4);
110          (ii) accept intranasal midazolam for storage if the parent or legal guardian of a student
111     with an intranasal midazolam authorization provides the intranasal midazolam as described in
112     Subsection (3)(c);
113          (iii) return unused intranasal midazolam to the parent or legal guardian of a student
114     with an intranasal midazolam authorization;
115          (iv) for a student who is 18 years old or older and has an intranasal midazolam
116     authorization:
117          (A) accept the intranasal midazolam for storage if the intranasal midazolam is fully
118     assembled and labeled with the student's name and dosage; or

119          (B) return unused intranasal midazolam to the student; or
120          (v) give the intranasal midazolam to a school nurse.
121          (c) A parent or legal guardian of a student with an intranasal midazolam authorization:
122          (i) shall provide the intranasal midazolam:
123          (A) directly to a school nurse or Ĥ→ trained ←Ĥ school employee volunteer; and
124          (B) fully assembled and labeled with the student's name and dosage; and
125          (ii) may not allow the student to transport the intranasal midazolam to school if the
126     student is under 18 years old.
127          (4) (a) A Ĥ→ trained ←Ĥ school employee volunteer may administer intranasal
127a     midazolam to a student
128     with an intranasal midazolam authorization if:
129          (i) the student exhibits a symptom, described in the student's intranasal midazolam
130     authorization, that warrants administering intranasal midazolam; and
131          (ii) a licensed health care professional is not immediately available.
132          (b) A Ĥ→ trained ←Ĥ school employee volunteer who administers intranasal
132a     midazolam under
133     Subsection (4)(a) shall:
134          (i) call 911 or direct another individual to call 911; and
135          (ii) take other appropriate action in accordance with the training described in
136     Subsection (1)(b).
137          (5) A Ĥ→ trained ←Ĥ school employee volunteer who administers intranasal midazolam
137a     in accordance
138     with this section in good faith is not liable in a civil or criminal action for an act taken or not
139     taken under this section.
140          (6) Section 53A-11-601 does not apply to the administration of intranasal midazolam.
141          (7) Section 53A-11-904 does not apply to the possession of intranasal midazolam in
142     accordance with this section.
143          (8) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
144     Professions, do not apply to a person licensed as a health professional under Title 58,
145     Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
146     training a nonlicensed Ĥ→ trained ←Ĥ school employee volunteer to administer intranasal
146a     midazolam in
147     accordance with this section.
148          (b) Allowing a Ĥ→ trained ←Ĥ school employee volunteer to administer intranasal
148a     midazolam in
149     accordance with this section does not constitute unlawful or inappropriate delegation under

150     Title 58, Occupations and Professions.