Chief Sponsor: Mike K. McKell

Senate Sponsor: Curtis S. Bramble


9     General Description:
10          This bill makes an amendment regarding the administration of medication to students.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows for the administration of an opiate antagonist to a student in accordance with
14     the Opiate Overdose Response Act; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53A-11-601, as last amended by Laws of Utah 2008, Chapter 173

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53A-11-601 is amended to read:
26          53A-11-601. Administration of medication to students -- Prerequisites --
27     Immunity from liability -- Applicability.
28          (1) A public or private school that holds any classes in grades kindergarten through 12

29     may provide for the administration of medication to any student during periods when the
30     student is under the control of the school, subject to the following conditions:
31          (a) the local school board, charter school governing board, or the private equivalent,
32     after consultation with the Department of Health and school nurses shall adopt policies that
33     provide for:
34          (i) the designation of volunteer employees who may administer medication;
35          (ii) proper identification and safekeeping of medication;
36          (iii) the training of designated volunteer employees by the school nurse;
37          (iv) maintenance of records of administration; and
38          (v) notification to the school nurse of medication that will be administered to students;
39     and
40          (b) medication may only be administered to a student if:
41          (i) the student's parent or legal guardian has provided a current written and signed
42     request that medication be administered during regular school hours to the student; and
43          (ii) the student's licensed health care provider has prescribed the medication and
44     provides documentation as to the method, amount, and time schedule for administration, and a
45     statement that administration of medication by school employees during periods when the
46     student is under the control of the school is medically necessary.
47          (2) Authorization for administration of medication by school personnel may be
48     withdrawn by the school at any time following actual notice to the student's parent or guardian.
49          (3) School personnel who provide assistance under Subsection (1) in substantial
50     compliance with the licensed health care provider's written prescription and the employers of
51     these school personnel are not liable, civilly or criminally, for:
52          (a) any adverse reaction suffered by the student as a result of taking the medication;
53     and
54          (b) discontinuing the administration of the medication under Subsection (2).
55          (4) Subsections (1) through (3) do not apply to:

56          (a) the administration of glucagon in accordance with Section 53A-11-603;
57          (b) the administration of a seizure rescue medication in accordance with Section
58     53A-11-603.5; or
59          (c) the administration of an opiate antagonist in accordance with Title 26, Chapter 55,
60     Opiate Overdose Response Act.