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7 LONG TITLE
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
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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:
34 (a) "Prescribing health care professional" means:
35 (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
36 Act;
37 (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
38 Osteopathic Medical Practice Act;
39 (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
40 Practice Act; or
41 (iv) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
42 (b) "Section 504 accommodation plan" means a plan developed pursuant to Section
43 504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
44 an individual with a disability to ensure access to major life activities.
45 (c) "Seizure rescue authorization" means a student's Section 504 accommodation plan
46 that:
47 (i) certifies that:
48 (A) a prescribing health care professional has prescribed a seizure rescue medication
49 for the student;
50 (B) the student's parent or legal guardian has previously administered the student's
51 seizure rescue medication in a nonmedically-supervised setting without a complication; and
52 (C) the student has previously ceased having full body prolonged or convulsive seizure
53 activity as a result of receiving the seizure rescue medication;
54 (ii) describes the specific seizure rescue medication authorized for the student,
55 including the indicated dose, and instructions for administration;
56 (iii) requests that the student's public school identify and train school employees who
57 are willing to volunteer to receive training to administer a seizure rescue medication in
58 accordance with this section; and
59 (iv) authorizes a trained school employee volunteer to administer a seizure rescue
60 medication in accordance with this section.
61 (d) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
62 health care professional, to be administered as described in a student's seizure rescue
63 authorization, while the student experiences seizure activity.
64 (ii) A seizure rescue medication does not include a medication administered
65 intravenously or intramuscularly.
66 (e) "Trained school employee volunteer" means an individual who:
67 (i) is an employee of a public school where at least one student has a seizure rescue
68 authorization;
69 (ii) is at least 18 years old; and
70 (iii) as described in this section:
71 (A) volunteers to receive training in the administration of a seizure rescue medication;
72 (B) completes a training program described in this section;
73 (C) demonstrates competency on an assessment; and
74 (D) completes annual refresher training each year that the individual intends to remain
75 a trained school employee volunteer.
76 (2) (a) The Department of Health shall, with input from the State Board of Education
77 and a children's hospital, develop a training program for trained school employee volunteers in
78 the administration of seizure rescue medications that includes:
79 (i) techniques to recognize symptoms that warrant the administration of a seizure
80 rescue medication;
81 (ii) standards and procedures for the storage of a seizure rescue medication;
82 (iii) procedures, in addition to administering a seizure rescue medication, in the event
83 that a student requires administration of the seizure rescue medication, including:
84 (A) calling 911; and
85 (B) contacting the student's parent or legal guardian;
86 (iv) an assessment to determine if an individual is competent to administer a seizure
87 rescue medication;
88 (v) an annual refresher training component; and
89 (vi) written materials describing the information required under this Subsection (2)(a).
90 (b) A public school shall retain for reference the written materials described in
91 Subsection (2)(a)(vi).
92 (c) The following individuals may provide the training described in Subsection (2)(a):
93 (i) a school nurse; or
94 (ii) a licensed heath care professional.
95 (3) (a) A public school shall, after receiving a seizure rescue authorization:
96 (i) inform school employees of the opportunity to be a school employee volunteer; and
97 (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
98 volunteers, using the training program described in Subsection (2)(a).
99 (b) A public school may not:
100 (i) obstruct the identification or training of a trained school employee volunteer; or
101 (ii) compel a school employee to become a trained school employee volunteer.
102 (4) A trained school employee volunteer may possess or store a prescribed rescue
103 seizure medication, in accordance with this section.
104 (5) A trained school employee volunteer may administer a seizure rescue medication to
105 a student with a seizure rescue authorization if:
106 (a) the student is exhibiting a symptom, described on the student's seizure rescue
107 authorization, that warrants the administration of a seizure rescue medication; and
108 (b) a licensed health care professional is not immediately available to administer the
109 seizure rescue medication.
110 (6) A trained school employee volunteer who administers a seizure rescue medication
111 shall direct an individual to call 911 and take other appropriate actions in accordance with the
112 training described in Subsection (2).
113 (7) A trained school employee volunteer who administers a seizure rescue medication
114 in accordance with this section in good faith is not liable in a civil or criminal action for an act
115 taken or not taken under this section.
116 (8) Section 53A-11-601 does not apply to the administration of a seizure rescue
117 medication.
118 (9) Section 53A-11-904 does not apply to the possession of a seizure rescue medication
119 in accordance with this section.
120 (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
121 and Professions, do not apply to a person licensed as a health care professional under Title 58,
122 Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
123 training a nonlicensed school employee who volunteers to administer a seizure rescue
124 medication in accordance with this section.
125 (b) Allowing a trained school employee volunteer to administer a seizure rescue
126 medication in accordance with this section does not constitute unlawful or inappropriate
127 delegation under Title 58, Occupations and Professions.