1
2
3
4
5
6
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
28
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) "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 (b) "Seizure rescue authorization" means a student's Section 504 accommodation plan
38 that:
39 (i) certifies that:
40 (A) a licensed health care professional has prescribed a seizure 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 (c) (i) "Seizure rescue medication" means a medication, prescribed by a licensed 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.
58 (d) "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.