Utah Code § 53G-9-505 — Utah Code / Title 53G / Chapter 53G-9 / § 53G-9-505
§ 53G-9-505. Trained school employee volunteers -- Administration of seizure rescue medication -- Exemptions from liability.
Status: in_force

(1) As used in this section: (a) "Prescribing health care professional" means: (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act; (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; or (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. (b) "Seizure rescue authorization" means a student's individualized healthcare plan that: (i) certifies that: (A) a prescribing health care professional has prescribed a seizure rescue medication for the student; (B) the student's parent has previously administered the student's seizure rescue medication in a nonmedically-supervised setting without a complication; and (C) the student has previously ceased having full body prolonged or convulsive seizure activity as a result of receiving the seizure rescue medication; (ii) describes the specific seizure rescue medication authorized for the student, including the indicated dose, and instructions for administration; (iii) requests that the student's public school identify and train school employees who are willing to volunteer to receive training to administer a seizure rescue medication in accordance with this section; and (iv) authorizes a trained school employee volunteer to administer a seizure rescue medication in accordance with this section. (c) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing health care professional, to be administered as described in a student's seizure rescue authorization, while the student experiences seizure activity. (ii) A seizure rescue medication does not include a medication administered intravenously or intramuscularly. (d) "Trained school employee volunteer" means an individual who: (i) is an employee of a public school where at least one student has a seizure rescue authorization; (ii) is at least 18 years old; and (iii) as described in this section: (A) volunteers to receive training in the administration of a seizure rescue medication; (B) completes a training program described in this section; (C) demonstrates competency on an assessment; and (D) completes annual refresher training each year that the individual intends to remain a trained school employee volunteer. (2) (a) The Department of Health and Human Services shall, with input from the state board and a children's hospital, develop a training program for trained school employee volunteers in the administration of seizure rescue medications that includes: (i) techniques to recognize symptoms that warrant the administration of a seizure rescue medication; (ii) standards and procedures for the storage of a seizure rescue medication; (iii) procedures, in addition to administering a seizure rescue medication, in the event that a student requires administration of the seizure rescue medication, including: (A) calling 911; and (B) contacting the student's parent; (iv) an assessment to determine if an individual is competent to administer a seizure rescue medication; (v) an annual refresher training component; and (vi) written materials describing the information required under this Subsection (2)(a). (b) A public school shall retain for reference the written materials described in Subsection (2)(a)(vi). (c) The following individuals may provide the training described in Subsection (2)(a): (i) a school nurse; or (ii) a licensed heath care professional. (3) (a) A public school shall, after receiving a seizure rescue authorization: (i) inform school employees of the opportunity to be a school employee volunteer; and (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who volunteers, using the training program described in Subsection (2)(a). (b) A public school may not: (i) obstruct the identification or training of a trained school employee volunteer; or (ii) compel a school employee to become a trained school employee volunteer. (4) A trained school employee volunteer may possess or store a prescribed rescue seizure medication, in accordance with this section. (5) A trained school employee volunteer may administer a seizure rescue medication to a student with a seizure rescue authorization if: (a) the student is exhibiting a symptom, described on the student's seizure rescue authorization, that warrants the administration of a seizure rescue medication; and (b) a licensed health care professional is not immediately available to administer the seizure rescue medication. (6) A trained school employee volunteer who administers a seizure rescue medication shall direct an individual to call 911 and take other appropriate actions in accordance with the training described in Subsection (2). (7) A trained school employee volunteer who administers a seizure rescue medication in accordance with this section in good faith is not liable in a civil or criminal action for an act taken or not taken under this section. (8) Section 53G-9-502 does not apply to the administration of a seizure rescue medication. (9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication in accordance with this section. (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and Professions, do not apply to a person licensed as a health care professional under Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist for, in good faith, training a nonlicensed school employee who volunteers to administer a seizure rescue medication in accordance with this section. (b) Allowing a trained school employee volunteer to administer a seizure rescue medication in accordance with this section does not constitute unlawful or inappropriate delegation under Title 58, Occupations and Professions.