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:
23 Other Special Clauses:
25 Utah Code Sections Affected:
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:
34 (a) "Prescribing health care professional" means:
35 (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
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
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
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
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.