Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 232 First Substitute (2016GS)

Sponsor

Sen. Urquhart, S.

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a public school to provide training for the administration of a seizure rescue medication to a school employee volunteer;
• provides for a school employee to administer a seizure rescue medication under certain conditions; and
• provides certain exemptions from liability.

Every vote on this bill

Bill text

RESCUE MEDICATION IN SCHOOLS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen H. Urquhart
House Sponsor: 
 Gage Froerer
LONG TITLE
General Description:
This bill provides for a public school employee volunteer to administer a seizure rescue
medication under certain conditions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a public school to provide training for the administration of a seizure rescue
medication to a school employee volunteer;
▸ provides for a school employee to administer a seizure rescue medication under
certain conditions; and
▸ provides certain exemptions from liability.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53A-11-603.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-11-603.5
 is enacted to read:
 53A-11-603.5.
Training of school employee volunteers -- Administration of seizure
rescue medication -- Exemptions from liability.
(1) As used in this section:
(a) "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;
and
(B) completes a training program described in this section.
(b) "Section 504 accommodation plan" means a plan developed pursuant to Section
of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
an individual with a disability to ensure access to major life activities.
(c) "Seizure rescue authorization" means a student's Section 504 accommodation plan
that:
(i) certifies that a licensed healthcare professional has prescribed a seizure rescue
medication for the student;
(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 employee
volunteers to administer a seizure rescue medication in accordance with this section; and
(iv) authorizes a school employee volunteer to administer a seizure rescue medication
in accordance with this section.
(d) "Seizure rescue medication" means a medication, prescribed by a licensed
healthcare professional, to be administered as described in a student's seizure rescue
authorization, while the student experiences seizure activity.
(2) (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) provide training to at least two school employee volunteers in administering seizure
rescue medication.
(b) A public school shall allow all willing school personnel to receive the training
described in Subsection (2)(a)(ii).
(c) A public school may not obstruct the identification or training of school employee
volunteers.
(d) The following individuals may provide the training described in Subsection (2)(a):
(i) a school nurse;
(ii) an individual who is medication aide certified, as defined in Section 
58-31b-102
; or
(iii) a licensed medical professional.
(3) (a) The training described in Subsection (2)(a)(ii) shall include:
(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 or legal guardian; and
(iv) written materials describing the information required under this Subsection (3)(a).
(b) A public school shall retain for reference the written materials described in
Subsection (3)(a)(iv).
(4) A school employee volunteer may possess or store a prescribed rescue seizure
medication, in accordance with this section.
(5) (a) A school employee volunteer may administer a seizure rescue medication to a
student with a seizure rescue authorization if:
(i) the student is exhibiting a symptom, described on the student's seizure rescue
authorization, that warrants the administration of a seizure rescue medication; and
(ii) a licensed healthcare professional is not immediately available to administer the
seizure rescue medication.
(6) A 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
written training materials described in Subsection (3)(b).
(7) A 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 
53A-11-601
 does not apply to the administration of a seizure rescue
medication.
(9) Section 
53A-11-904
 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 healthcare professional under Title 58,
Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
training a nonlicensed school employee volunteer to administer a seizure rescue medication in
accordance with this section.
(b) Allowing a 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.
Legislative Review Note
Office of Legislative Research and General Counsel