This document includes House Floor Amendments incorporated into the bill on Thu, Mar 10, 2016 at 10:20 AM by cynthiahopkin.
Senator Stephen H. Urquhart proposes the following substitute bill:




Chief Sponsor: Stephen H. Urquhart

House Sponsor: Gage Froerer


8     General Description:
9          This bill provides for a trained public school employee volunteer to administer a seizure
10     rescue medication under certain conditions.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Department of Health to develop a training program for the
15     administration of seizure rescue medications by a school employee volunteer;
16          ▸     requires a public school to provide training for the administration of a seizure rescue
17     medication to a school employee who volunteers to receive training;
18          ▸     provides for a trained school employee to administer a seizure rescue medication
19     under certain conditions; and
20          ▸     provides certain exemptions from liability.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     ENACTS:
27          53A-11-603.5, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53A-11-603.5 is enacted to read:
31          53A-11-603.5. Trained school employee volunteers -- Administration of seizure
32     rescue medication -- Exemptions from liability.
33          (1) As used in this section:
33a      Ĥ→ (a) "Prescribing health care professional" means:
33b          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical
33c     Practice Act;
33d          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
33e     Osteopathic Medical Practice Act;
33f          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
33g     Nurse Practice Act; or
33h          (iv) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
34      [
(a)] (b) ←Ĥ "Section 504 accommodation plan" means a plan developed pursuant to Section
35     504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
36     an individual with a disability to ensure access to major life activities.
37          Ĥ→ [
(b)] (c) ←Ĥ "Seizure rescue authorization" means a student's Section 504
37a     accommodation plan
38     that:
39          (i) certifies that:
40          (A) a Ĥ→ [
licensed] prescribing ←Ĥ health care professional has prescribed a seizure
40a     rescue medication for
41     the student;
42          (B) the student's parent or legal guardian has previously administered the student's
43     seizure rescue medication in a nonmedically-supervised setting without a complication; and
44          (C) the student has previously ceased having full body prolonged or convulsive seizure
45     activity as a result of receiving the seizure rescue medication;
46          (ii) describes the specific seizure rescue medication authorized for the student,
47     including the indicated dose, and instructions for administration;
48          (iii) requests that the student's public school identify and train school employees who
49     are willing to volunteer to receive training to administer a seizure rescue medication in
50     accordance with this section; and
51          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
52     medication in accordance with this section.
53          Ĥ→ [
(c)] (d) ←Ĥ (i) "Seizure rescue medication" means a medication, prescribed by a
53a     Ĥ→ [
licensed] prescribing ←Ĥ health
54     care professional, to be administered as described in a student's seizure rescue authorization,
55     while the student experiences seizure activity.
56          (ii) A seizure rescue medication does not include a medication administered

57     intravenously Ĥ→ [
.] or intramuscularly.
58      [
(d)] (e) ←Ĥ "Trained school employee volunteer" means an individual who:
59          (i) is an employee of a public school where at least one student has a seizure rescue
60     authorization;
61          (ii) is at least 18 years old; and
62          (iii) as described in this section:
63          (A) volunteers to receive training in the administration of a seizure rescue medication;
64          (B) completes a training program described in this section;
65          (C) demonstrates competency on an assessment; and
66          (D) completes annual refresher training each year that the individual intends to remain
67     a trained school employee volunteer.
68          (2) (a) The Department of Health shall, with input from the State Board of Education
69     and a children's hospital, develop a training program for trained school employee volunteers in
70     the administration of seizure rescue medications that includes:
71          (i) techniques to recognize symptoms that warrant the administration of a seizure
72     rescue medication;
73          (ii) standards and procedures for the storage of a seizure rescue medication;
74          (iii) procedures, in addition to administering a seizure rescue medication, in the event
75     that a student requires administration of the seizure rescue medication, including:
76          (A) calling 911; and
77          (B) contacting the student's parent or legal guardian;
78          (iv) an assessment to determine if an individual is competent to administer a seizure
79     rescue medication;
80          (v) an annual refresher training component; and
81          (vi) written materials describing the information required under this Subsection (2)(a).
82          (b) A public school shall retain for reference the written materials described in
83     Subsection (2)(a)(vi).
84          (c) The following individuals may provide the training described in Subsection (2)(a):
85          (i) a school nurse; or
86          (ii) a licensed heath care professional.
87          (3) (a) A public school shall, after receiving a seizure rescue authorization:

88          (i) inform school employees of the opportunity to be a school employee volunteer; and
89          (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
90     volunteers, using the training program described in Subsection (2)(a).
91          (b) A public school may not:
92          (i) obstruct the identification or training of a trained school employee volunteer; or
93          (ii) compel a school employee to become a trained school employee volunteer.
94          (4) A trained school employee volunteer may possess or store a prescribed rescue
95     seizure medication, in accordance with this section.
96          (5) A trained school employee volunteer may administer a seizure rescue medication to
97     a student with a seizure rescue authorization if:
98          (a) the student is exhibiting a symptom, described on the student's seizure rescue
99     authorization, that warrants the administration of a seizure rescue medication; and
100          (b) a licensed health care professional is not immediately available to administer the
101     seizure rescue medication.
102          (6) A trained school employee volunteer who administers a seizure rescue medication
103     shall direct an individual to call 911 and take other appropriate actions in accordance with the
104     training described in Subsection (2).
105          (7) A trained school employee volunteer who administers a seizure rescue medication
106     in accordance with this section in good faith is not liable in a civil or criminal action for an act
107     taken or not taken under this section.
108          (8) Section 53A-11-601 does not apply to the administration of a seizure rescue
109     medication.
110          (9) Section 53A-11-904 does not apply to the possession of a seizure rescue medication
111     in accordance with this section.
112          (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
113     and Professions, do not apply to a person licensed as a health care professional under Title 58,
114     Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
115     training a nonlicensed school employee who volunteers to administer a seizure rescue
116     medication in accordance with this section.
117          (b) Allowing a trained school employee volunteer to administer a seizure rescue
118     medication in accordance with this section does not constitute unlawful or inappropriate

119     delegation under Title 58, Occupations and Professions.