1     
STUDENT HEALTH AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rosemary T. Lesser

5     
Senate Sponsor: Jen Plumb

6     

7     LONG TITLE
8     General Description:
9          This bill allows employees of a local education agency to volunteer to administer
10     certain adrenal insufficiency medication within a public school.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     allows employees of a local education agency to volunteer to administer certain
15     adrenal insufficiency medication within a public school under certain
16     circumstances;
17          ▸     requires the Department of Health and Human Services, with input from the State
18     Board of Education and a children's hospital, to develop a certain training program
19     in the administration of adrenal insufficiency medication;
20          ▸     enacts provisions regarding the authorization and administration of adrenal
21     insufficiency medication;
22          ▸     provides protections for the training of volunteers and emergency administration of
23     adrenal insufficiency medication within a public school; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          53G-9-502, as last amended by Laws of Utah 2023, Chapter 328
32          53G-9-505, as last amended by Laws of Utah 2019, Chapters 293, 349
33     ENACTS:
34          53G-9-507, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53G-9-502 is amended to read:
38          53G-9-502. Administration of medication to students -- Prerequisites -- Immunity
39     from liability -- Applicability.
40          (1) A public or private school that holds any classes in grades kindergarten through 12
41     may provide for the administration of medication to any student during periods when the
42     student is under the control of the school, subject to the following conditions:
43          (a) the local school board, charter school governing board, or the private equivalent,
44     after consultation with the Department of Health and Human Services and school nurses shall
45     adopt policies that provide for:
46          (i) the designation of volunteer employees who may administer medication;
47          (ii) proper identification and safekeeping of medication;
48          (iii) the training of designated volunteer employees by the school nurse;
49          (iv) maintenance of records of administration; and
50          (v) notification to the school nurse of medication that will be administered to students;
51     and
52          (b) medication may only be administered to a student if:
53          (i) the student's parent has provided a current written and signed request that
54     medication be administered during regular school hours to the student; and
55          (ii) the student's licensed health care provider has prescribed the medication and
56     provides documentation as to the method, amount, and time schedule for administration, and a
57     statement that administration of medication by school employees during periods when the
58     student is under the control of the school is medically necessary.

59          (2) Authorization for administration of medication by school personnel may be
60     withdrawn by the school at any time following actual notice to the student's parent.
61          (3) School personnel who provide assistance under Subsection (1) in substantial
62     compliance with the licensed health care provider's written prescription and the employers of
63     these school personnel are not liable, civilly or criminally, for:
64          (a) any adverse reaction suffered by the student as a result of taking the medication;
65     and
66          (b) discontinuing the administration of the medication under Subsection (2).
67          (4) Subsections (1) through (3) do not apply to:
68          (a) the administration of glucagon in accordance with Section 53G-9-504;
69          (b) the administration of a seizure rescue medication in accordance with Section
70     53G-9-505; [or]
71          (c) the administration of an opiate antagonist in accordance with Title 26B, Chapter 4,
72     Part 5, Treatment Access[.]; or
73          (d) the administration of an adrenal insufficiency medication in accordance with
74     Section 53G-9-507.
75          Section 2. Section 53G-9-505 is amended to read:
76          53G-9-505. Trained school employee volunteers -- Administration of seizure
77     rescue medication -- Exemptions from liability.
78          (1) As used in this section:
79          (a) "Prescribing health care professional" means:
80          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
81     Act;
82          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
83     Osteopathic Medical Practice Act;
84          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
85     Practice Act; or
86          (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
87     Assistant Act.
88          (b) "Seizure rescue authorization" means a student's [Section 504 accommodation]
89     individualized healthcare plan that:

90          (i) certifies that:
91          (A) a prescribing health care professional has prescribed a seizure rescue medication
92     for the student;
93          (B) the student's parent has previously administered the student's seizure rescue
94     medication in a nonmedically-supervised setting without a complication; and
95          (C) the student has previously ceased having full body prolonged or convulsive seizure
96     activity as a result of receiving the seizure rescue medication;
97          (ii) describes the specific seizure rescue medication authorized for the student,
98     including the indicated dose, and instructions for administration;
99          (iii) requests that the student's public school identify and train school employees who
100     are willing to volunteer to receive training to administer a seizure rescue medication in
101     accordance with this section; and
102          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
103     medication in accordance with this section.
104          (c) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
105     health care professional, to be administered as described in a student's seizure rescue
106     authorization, while the student experiences seizure activity.
107          (ii) A seizure rescue medication does not include a medication administered
108     intravenously or intramuscularly.
109          (d) "Trained school employee volunteer" means an individual who:
110          (i) is an employee of a public school where at least one student has a seizure rescue
111     authorization;
112          (ii) is at least 18 years old; and
113          (iii) as described in this section:
114          (A) volunteers to receive training in the administration of a seizure rescue medication;
115          (B) completes a training program described in this section;
116          (C) demonstrates competency on an assessment; and
117          (D) completes annual refresher training each year that the individual intends to remain
118     a trained school employee volunteer.
119          (2) (a) The Department of Health and Human Services shall, with input from the state
120     board and a children's hospital, develop a training program for trained school employee

121     volunteers in the administration of seizure rescue medications that includes:
122          (i) techniques to recognize symptoms that warrant the administration of a seizure
123     rescue medication;
124          (ii) standards and procedures for the storage of a seizure rescue medication;
125          (iii) procedures, in addition to administering a seizure rescue medication, in the event
126     that a student requires administration of the seizure rescue medication, including:
127          (A) calling 911; and
128          (B) contacting the student's parent;
129          (iv) an assessment to determine if an individual is competent to administer a seizure
130     rescue medication;
131          (v) an annual refresher training component; and
132          (vi) written materials describing the information required under this Subsection (2)(a).
133          (b) A public school shall retain for reference the written materials described in
134     Subsection (2)(a)(vi).
135          (c) The following individuals may provide the training described in Subsection (2)(a):
136          (i) a school nurse; or
137          (ii) a licensed heath care professional.
138          (3) (a) A public school shall, after receiving a seizure rescue authorization:
139          (i) inform school employees of the opportunity to be a school employee volunteer; and
140          (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
141     volunteers, using the training program described in Subsection (2)(a).
142          (b) A public school may not:
143          (i) obstruct the identification or training of a trained school employee volunteer; or
144          (ii) compel a school employee to become a trained school employee volunteer.
145          (4) A trained school employee volunteer may possess or store a prescribed rescue
146     seizure medication, in accordance with this section.
147          (5) A trained school employee volunteer may administer a seizure rescue medication to
148     a student with a seizure rescue authorization if:
149          (a) the student is exhibiting a symptom, described on the student's seizure rescue
150     authorization, that warrants the administration of a seizure rescue medication; and
151          (b) a licensed health care professional is not immediately available to administer the

152     seizure rescue medication.
153          (6) A trained school employee volunteer who administers a seizure rescue medication
154     shall direct an individual to call 911 and take other appropriate actions in accordance with the
155     training described in Subsection (2).
156          (7) A trained school employee volunteer who administers a seizure rescue medication
157     in accordance with this section in good faith is not liable in a civil or criminal action for an act
158     taken or not taken under this section.
159          (8) Section 53G-9-502 does not apply to the administration of a seizure rescue
160     medication.
161          (9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication
162     in accordance with this section.
163          (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
164     and Professions, do not apply to a person licensed as a health care professional under Title 58,
165     Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist
166     for, in good faith, training a nonlicensed school employee who volunteers to administer a
167     seizure rescue medication in accordance with this section.
168          (b) Allowing a trained school employee volunteer to administer a seizure rescue
169     medication in accordance with this section does not constitute unlawful or inappropriate
170     delegation under Title 58, Occupations and Professions.
171          Section 3. Section 53G-9-507 is enacted to read:
172          53G-9-507. Administration of adrenal insufficiency medication -- Training of
173     school personnel -- Authority to use adrenal insufficiency medication -- Immunity from
174     liability.
175          (1) As used in this section:
176          (a) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with
177     adrenal insufficiency, including vomiting, diarrhea, dehydration, low blood pressure, or loss of
178     consciousness, or severe pain in the lower back, abdomen or legs.
179          (b) "Adrenal crisis rescue authorization" means a student's individualized healthcare
180     plan that:
181          (i) certifies that a prescribing health care professional has prescribed an adrenal crisis
182     rescue medication for the student;

183          (ii) describes the specific adrenal crisis rescue medication authorized for the student,
184     including the indicated dose, and instructions for administration;
185          (iii) requests that the student's public school identify and train school employees who
186     are willing to volunteer to receive training to administer an adrenal crisis rescue medication in
187     accordance with this section; and
188          (iv) authorizes a trained school employee volunteer to administer an adrenal crisis
189     rescue medication in accordance with this section.
190          (c) "Adrenal crisis rescue medication" means a medication that a prescribing health
191     care professional prescribes for administration to a student during an adrenal crisis activity as
192     described in a student's adrenal crisis rescue authorization.
193          (d) "Adrenal insufficiency" means an endocrine disorder that occurs when the adrenal
194     glands do not adequately produce adrenal hormones.
195          (e) "Prescribing health care professional" means:
196          (i) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
197          (ii) an osteopathic physician licensed under Title 58, Chapter 68, Utah Osteopathic
198     Medical Practice Act;
199          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
200     Practice Act; or
201          (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
202     Assistant Act.
203          (f) "Trained school employee volunteer" means an individual who:
204          (i) is an employee of an LEA in which at least one student is enrolled who has an
205     adrenal crisis rescue authorization;
206          (ii) is at least 18 years old; and
207          (iii) as described in this section:
208          (A) volunteers to receive training in the administration of an adrenal crisis medication;
209          (B) completes a training program described in this section;
210          (C) demonstrates competency to administer an adrenal crisis rescue medication through
211     an assessment; and
212          (D) completes annual training during each year in which the individual intends to act as
213     a trained school employee volunteer.

214          (2) (a) The Department of Health and Human Services shall, with input from the state
215     board and a children's hospital, develop a training program for trained school employee
216     volunteers in the administration of adrenal crisis rescue medication.
217          (b) A public school shall retain for reference the written materials created for the
218     training program described in Subsection (2)(a).
219          (3) (a) A public school shall, after receiving an adrenal crisis rescue authorization:
220          (i) inform school employees of the opportunity to be a school employee volunteer; and
221          (ii) subject to Subsection (3)(b)(ii), provide training to each school employee who
222     volunteers, using the training described in Subsection (2)(a).
223          (b) A public school may not:
224          (i) obstruct the identification or training of a trained school employee volunteer; or
225          (ii) compel a school employee to become a trained school employee volunteer.
226          (4) A trained school employee volunteer may:
227          (a) possess or store a prescribed adrenal crisis rescue medication, in accordance with
228     this section; and
229          (b) administer an adrenal crisis rescue medication to a student with an adrenal crisis
230     rescue authorization if:
231          (i) the student exhibits a symptom, described on the student's adrenal crisis rescue
232     authorization, that warrants the administration of an adrenal crisis rescue medication; and
233          (ii) a licensed health care professional is not immediately available to administer the
234     adrenal crisis rescue medication.
235          (5) A trained school employee volunteer who administers an adrenal crisis rescue
236     medication shall take appropriate action in accordance with the training described in
237     Subsection (2).
238          (6) A trained school employee volunteer who administers an adrenal crisis rescue
239     medication in accordance with this section in good faith is not liable in a civil or criminal
240     action for an act taken or not taken under this section.
241          (7) Section 53G-9-502 does not apply to the administration of an adrenal crisis rescue
242     medication.
243          (8) Section 53G-8-205 does not apply to the possession of an adrenal crisis rescue
244     medication in accordance with this section.

245          (9) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
246     Professions, do not apply to an individual who is licensed as a health care professional under
247     Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or
248     pharmacist, for training, in good faith, a school employee who:
249          (i) volunteers to administer an adrenal crisis rescue medication in accordance with this
250     section; and
251          (ii) is not licensed under Title 58, Occupations and Professions.
252          (b) Allowing a trained school employee volunteer to administer an adrenal crisis rescue
253     medication in accordance with this section does not constitute unlawful or inappropriate
254     delegation under Title 58, Occupations and Professions.
255          Section 4. Effective date.
256          This bill takes effect on July 1, 2024.