2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 9 - Health and Welfare › Part 5 - Administration of Medication › Section 505 - Trained school employee volunteers -- Administration of seizure rescue medication -- Exemptions from liability.

Effective 5/14/2019
53G-9-505.
Trained school employee volunteers -- Administration of seizure rescue medication -- Exemptions from liability.
(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 Section 504 accommodation 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 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.
Amended by Chapter 293, 2019 General Session
Amended by Chapter 349, 2019 General Session