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;
24 ▸ provides certain exemptions from liability.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 53A-11-600.5, Utah Code Annotated 1953
32 53A-11-603.5, Utah Code Annotated 1953
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
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
55 (iii) requests that the public school of a student with an intranasal midazolam
56 authorization identify and train at least three school employee volunteers; and
57 (iv) authorizes a school employee volunteer to administer intranasal 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
62 (i) a Section 504 accommodation plan;
63 (ii) an IEP; or
64 (iii) a health plan approved by a school.
65 (3) "School 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 (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.
77 Section 2. Section 53A-11-603.5 is enacted to read:
78 53A-11-603.5. Administration of intranasal midazolam -- Training of school
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 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
89 (iii) other emergency procedures in the event a school employee 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 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 school employee volunteer; and
105 (b) annual refresher training to a 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 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
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 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 school employee volunteer may administer intranasal 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 school employee volunteer who administers intranasal 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 school employee volunteer who administers intranasal midazolam 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 school employee volunteer to administer intranasal midazolam in
147 accordance with this section.
148 (b) Allowing a school employee volunteer to administer intranasal midazolam in
149 accordance with this section does not constitute unlawful or inappropriate delegation under
150 Title 58, Occupations and Professions.