Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 147 (2015GS)

Sponsor

Sen. Dayton, M.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• permits certain qualified entities to obtain a prescription for a supply of epinephrine auto-injectors for use by a trained, qualified adult;
• requires the qualified entity to store the supply of epinephrine auto-injectors in accordance with standards developed by the Department of Health;
• expands liability protection with respect to an anaphylactic reaction to:
• a medical professional prescribing a supply of epinephrine auto-injectors;
• a person conducting training; and
• a qualified entity; and
• provides administrative rulemaking authority to the Department of Health.

Every vote on this bill

Bill text

EPINEPHRINE AUTO-INJECTOR USE EXPANSION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Margaret Dayton
House Sponsor: 
Patrice M. Arent
LONG TITLE
General Description:
This bill amends the Emergency Injection For Anaphylactic Reaction Act in the Utah
Health Code.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ permits certain qualified entities to obtain a prescription for a supply of epinephrine
auto-injectors for use by a trained, qualified adult;
▸ requires the qualified entity to store the supply of epinephrine auto-injectors in
accordance with standards developed by the Department of Health;
▸ expands liability protection with respect to an anaphylactic reaction to:
• a medical professional prescribing a supply of epinephrine auto-injectors;
• a person conducting training; and
• a qualified entity; and
▸ provides administrative rulemaking authority to the Department of Health.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-41-102
, as last amended by Laws of Utah 2008, Chapter 64
26-41-103
, as last amended by Laws of Utah 2008, Chapter 64
26-41-104
, as last amended by Laws of Utah 2011, Chapter 297
26-41-105
, as last amended by Laws of Utah 2008, Chapter 64
26-41-106
, as last amended by Laws of Utah 2008, Chapter 64
ENACTS:
26-41-107
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-41-102
 is amended to read:
26-41-102.
Definitions.
As used in this chapter:
(1) "Anaphylaxis" means a potentially life-threatening hypersensitivity to a substance.
(a) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty
breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
(b) Causes of anaphylaxis may include insect sting, food allergy, drug reaction, and
exercise.
(2) "Epinephrine auto-injector" means a disposable drug delivery system with a
spring-activated concealed needle that is designed for emergency administration of epinephrine
to provide rapid, convenient first-aid for persons suffering a potentially fatal anaphylactic
reaction.
(3) "Qualified adult" means a person who:
(a) is 18 years of age or older; and
(b) has successfully completed the training program established in Section 
26-41-104
.
(4) "Qualified entity":
(a) means a facility or organization that employs, contracts with, or has a similar
relationship with a qualified adult who is likely to have contact with another person who may
experience anaphylaxis; and
(b) includes:
(i) recreation camps;
(ii) an education facility, school, or university;
(iii) a day care facility;
(iv) youth sports leagues;
(v) amusement parks;
(vi) food establishments;
(vii) places of employment; and
(viii) recreation areas.
Section 2. Section 
26-41-103
 is amended to read:
26-41-103.
Voluntary participation.
(1) This chapter does not create a duty or standard of care for
:
(a)
 a person to be trained in the use and storage of epinephrine auto-injectors[
.
]
; or
(b) except as provided in Subsection (5), a qualified entity to store epinephrine
auto-injectors on its premises.
(2) Except as provided in Subsections (3) and (5), a decision by a person to
successfully complete a training program under Section 
26-41-104
 and to make emergency
epinephrine auto-injectors available under the provisions of this chapter is voluntary.
(3) A school, school board, or school official may not prohibit or dissuade a teacher or
other school employee at a primary or secondary school in the state, either public or private,
from:
(a) completing a training program under Section 
26-41-104
;
(b) possessing or storing an epinephrine auto-injector on school property if:
(i) the teacher or school employee is a qualified adult; and
(ii) the possession and storage is in accordance with the training received under Section
26-41-104
; or
(c) administering an epinephrine auto-injector to any person, if:
(i) the teacher or school employee is a qualified adult; and
(ii) the administration is in accordance with the training received under Section
26-41-104
.
(4) A school, school board, or school official may encourage a teacher or other school
employee to volunteer to become a qualified adult.
(5) (a) Each primary or secondary school in the state, both public and private, shall
make an emergency epinephrine auto-injector available to any teacher or other school
employee who:
(i) is employed at the school; and
(ii) is a qualified adult.
(b) This section does not require a school described in Subsection (5)(a) to keep more
than one emergency epinephrine auto-injector on the school premises, so long as it may be
quickly accessed by a teacher or other school employee, who is a qualified adult, in the event of
an emergency.
(6) No school, school board, or school official shall retaliate or otherwise take adverse
action against a teacher or other school employee for:
(a) volunteering under Subsection (2);
(b) engaging in conduct described in Subsection (3); or
(c) failing or refusing to become a qualified adult.
Section 3. Section 
26-41-104
 is amended to read:
26-41-104.
Training in use and storage of epinephrine auto-injector.
(1) (a) Each primary and secondary school in the state, both public and private, shall
make initial and annual refresher training, regarding the storage and emergency use of an
epinephrine auto-injector, available to any teacher or other school employee who volunteers to
become a qualified adult.
(b) The training described in Subsection (1)(a) may be provided by the school nurse, or
other person qualified to provide such training, designated by the school district physician, the
medical director of the local health department, or the local emergency medical services
director.
(2) A person who provides training under Subsection (1) or (6) shall include in the
training:
(a) techniques for recognizing symptoms of anaphylaxis;
(b) standards and procedures for the storage and emergency use of epinephrine
auto-injectors;
(c) emergency follow-up procedures, including calling the emergency 911 number and
contacting, if possible, the student's parent and physician; and
(d) written materials covering the information required under this Subsection (2).
(3) A qualified adult shall retain for reference the written materials prepared in
accordance with Subsection (2)(d).
(4) A public school shall permit a student to possess an epinephrine auto-injector or
possess and self-administer an epinephrine auto-injector if:
(a) the student's parent or guardian signs a statement:
(i) authorizing the student to possess or possess and self-administer an epinephrine
auto-injector; and
(ii) acknowledging that the student is responsible for, and capable of, possessing or
possessing and self-administering an epinephrine auto-injector; and
(b) the student's health care provider provides a written statement that states that:
(i) it is medically appropriate for the student to possess or possess and self-administer
an epinephrine auto-injector; and
(ii) the student should be in possession of the epinephrine auto-injector at all times.
(5) The Utah Department of Health, in cooperation with the state superintendent of
public instruction, shall design forms to be used by public schools for the parental and health
care providers statements described in Subsection [
(6)
] 
(4)
.
(6) (a) The department:
(i) shall approve educational programs conducted by other persons, to train
:
(A)
 people under Subsection (6)(b) of this section, regarding the 
proper
 use and storage
of emergency epinephrine auto-injectors; and
(B) a qualified entity regarding the proper storage and emergency use of epinephrine
auto-injectors; and
(ii) may, as funding is available, conduct educational programs to train people
regarding the use of and storage of emergency epinephrine auto-injectors.
(b) A person who volunteers to receive training 
as a qualified adult
 to administer an
epinephrine auto-injector under the provisions of this Subsection (6) shall demonstrate a need
for the training to the department, which may be based upon occupational, volunteer, or family
circumstances, and shall include:
(i) camp counselors;
(ii) scout leaders;
(iii) forest rangers;
(iv) tour guides; and
(v) other persons who have or reasonably expect to have [
responsibility for
] 
contact
with
 at least one other person as a result of the person's occupational or volunteer status.
[
(7) The department shall adopt rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
]
[
(a) establish and approve training programs in accordance with this section; and
]
[
(b) establish a procedure for determining the need for training under Subsection
(6)(b)(v).
]
Section 4. Section 
26-41-105
 is amended to read:
26-41-105.
Authority to obtain and use an epinephrine auto-injector.
(1) A qualified adult who is a teacher or other school employee at a public or private
primary or secondary school in the state, or a school nurse, may obtain from the school district
physician, the medical director of the local health department, or the local emergency medical
services director a prescription for epinephrine auto-injectors.
(2) A qualified adult may obtain from a physician, pharmacist, or any other person or
entity authorized to prescribe or [
sell prescribed medicines or
] 
dispense prescription
 drugs, a
prescription for an epinephrine auto-injector.
(3) A qualified adult:
(a) may immediately administer an epinephrine auto-injector to a person exhibiting
potentially life-threatening symptoms of anaphylaxis when a physician is not immediately
available; and
(b) shall initiate emergency medical services or other appropriate medical follow-up in
accordance with the training materials retained under Section 
26-41-104
 after administering an
epinephrine auto-injector.
(4) (a) A qualified entity that complies with Subsection (4)(b), may obtain from a
physician, pharmacist, or any other person or entity authorized to prescribe or dispense
prescription drugs, a prescription for a supply of epinephrine auto-injectors, for:
(i) storing the epinephrine auto-injectors on the qualified entity's premises; and
(ii) use by a qualified adult in accordance with Subsection (3).
(b) A qualified entity shall:
(i) designate an individual to complete an initial and annual refresher training program
regarding the proper storage and emergency use of an epinephrine auto-injector available to a
qualified adult; and
(ii) store epinephrine auto-injectors in accordance with the standards established by the
department in Section 
26-41-107
.
Section 5. Section 
26-41-106
 is amended to read:
26-41-106.
Immunity from liability.
(1) [
A qualified adult who acts in good faith is
] 
The following, if acting in good faith,
are
 not liable in any civil or criminal action for any act taken or not taken under the authority of
this chapter with respect to an anaphylactic reaction[
.
]
:
(a) a qualified adult;
(b) a physician, pharmacist, or any other person or entity authorized to prescribe or
dispense prescription drugs;
(c) a person who conducts training described in Section 
26-41-104
; and
(d) a qualified entity.
(2) Section 
53A-11-601
 does not apply to the administration of an epinephrine
auto-injector in accordance with this chapter.
(3) This section does not eliminate, limit, or reduce any other immunity from liability
or defense against liability that may be available under state law.
Section 6. Section 
26-41-107
 is enacted to read:
 26-41-107.
Administrative rulemaking authority.
The department shall adopt rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(1) establish and approve training programs in accordance with Section 
26-41-104
;
(2) establish a procedure for determining who is eligible for training as a qualified
adult under Subsection 
26-41-104
(6)(b)(v); and
(3) establish standards for storage of emergency auto-injectors by a qualified entity
under Section 
26-41-104
.