Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 468 (2024GS)

Sponsor

Rep. Lesser, R.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows employees of a local education agency to volunteer to administer certain adrenal insufficiency medication within a public school under certain circumstances;
• requires the Department of Health and Human Services, with input from the State Board of Education and a children's hospital, to develop a certain training program in the administration of adrenal insufficiency medication;
• enacts provisions regarding the authorization and administration of adrenal insufficiency medication;
• provides protections for the training of volunteers and emergency administration of adrenal insufficiency medication within a public school; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STUDENT HEALTH AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rosemary T. Lesser
Senate Sponsor: 
 Jen Plumb
LONG TITLE
General Description:
This bill allows employees of a local education agency to volunteer to administer
certain adrenal insufficiency medication within a public school.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows employees of a local education agency to volunteer to administer certain
adrenal insufficiency medication within a public school under certain
circumstances;
▸ requires the Department of Health and Human Services, with input from the State
Board of Education and a children's hospital, to develop a certain training program
in the administration of adrenal insufficiency medication;
▸ enacts provisions regarding the authorization and administration of adrenal
insufficiency medication;
▸ provides protections for the training of volunteers and emergency administration of
adrenal insufficiency medication within a public school; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-9-502
, as last amended by Laws of Utah 2023, Chapter 328
53G-9-505
, as last amended by Laws of Utah 2019, Chapters 293, 349
ENACTS:
53G-9-507
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-9-502
 is amended to read:
53G-9-502.
Administration of medication to students -- Prerequisites -- Immunity
from liability -- Applicability.
(1) A public or private school that holds any classes in grades kindergarten through 12
may provide for the administration of medication to any student during periods when the
student is under the control of the school, subject to the following conditions:
(a) the local school board, charter school governing board, or the private equivalent,
after consultation with the Department of Health and Human Services and school nurses shall
adopt policies that provide for:
(i) the designation of volunteer employees who may administer medication;
(ii) proper identification and safekeeping of medication;
(iii) the training of designated volunteer employees by the school nurse;
(iv) maintenance of records of administration; and
(v) notification to the school nurse of medication that will be administered to students;
and
(b) medication may only be administered to a student if:
(i) the student's parent has provided a current written and signed request that
medication be administered during regular school hours to the student; and
(ii) the student's licensed health care provider has prescribed the medication and
provides documentation as to the method, amount, and time schedule for administration, and a
statement that administration of medication by school employees during periods when the
student is under the control of the school is medically necessary.
(2) Authorization for administration of medication by school personnel may be
withdrawn by the school at any time following actual notice to the student's parent.
(3) School personnel who provide assistance under Subsection (1) in substantial
compliance with the licensed health care provider's written prescription and the employers of
these school personnel are not liable, civilly or criminally, for:
(a) any adverse reaction suffered by the student as a result of taking the medication;
and
(b) discontinuing the administration of the medication under Subsection (2).
(4) Subsections (1) through (3) do not apply to:
(a) the administration of glucagon in accordance with Section 
53G-9-504
;
(b) the administration of a seizure rescue medication in accordance with Section
53G-9-505
; [
or
]
(c) the administration of an opiate antagonist in accordance with Title 26B, Chapter 4,
Part 5, Treatment Access[
.
]
; or
(d) the administration of an adrenal insufficiency medication in accordance with
Section 
53G-9-507
.
Section 2. Section 
53G-9-505
 is amended to read:
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
]
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.
Section 3. Section 
53G-9-507
 is enacted to read:
 53G-9-507.
Administration of adrenal insufficiency medication -- Training of
school personnel -- Authority to use adrenal insufficiency medication -- Immunity from
liability.
(1) As used in this section:
(a) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with
adrenal insufficiency, including vomiting, diarrhea, dehydration, low blood pressure, or loss of
consciousness, or severe pain in the lower back, abdomen or legs.
(b) "Adrenal crisis rescue authorization" means a student's individualized healthcare
plan that:
(i) certifies that a prescribing health care professional has prescribed an adrenal crisis
rescue medication for the student;
(ii) describes the specific adrenal crisis 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 an adrenal crisis rescue medication in
accordance with this section; and
(iv) authorizes a trained school employee volunteer to administer an adrenal crisis
rescue medication in accordance with this section.
(c) "Adrenal crisis rescue medication" means a medication that a prescribing health
care professional prescribes for administration to a student during an adrenal crisis activity as
described in a student's adrenal crisis rescue authorization.
(d) "Adrenal insufficiency" means an endocrine disorder that occurs when the adrenal
glands do not adequately produce adrenal hormones.
(e) "Prescribing health care professional" means:
(i) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(ii) an osteopathic physician 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.
(f) "Trained school employee volunteer" means an individual who:
(i) is an employee of an LEA in which at least one student is enrolled who has an
adrenal crisis 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 an adrenal crisis medication;
(B) completes a training program described in this section;
(C) demonstrates competency to administer an adrenal crisis rescue medication through
an assessment; and
(D) completes annual training during each year in which the individual intends to act as
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 adrenal crisis rescue medication.
(b) A public school shall retain for reference the written materials created for the
training program described in Subsection (2)(a).
(3) (a) A public school shall, after receiving an adrenal crisis 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 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:
(a) possess or store a prescribed adrenal crisis rescue medication, in accordance with
this section; and
(b) administer an adrenal crisis rescue medication to a student with an adrenal crisis
rescue authorization if:
(i) the student exhibits a symptom, described on the student's adrenal crisis rescue
authorization, that warrants the administration of an adrenal crisis rescue medication; and
(ii) a licensed health care professional is not immediately available to administer the
adrenal crisis rescue medication.
(5) A trained school employee volunteer who administers an adrenal crisis rescue
medication shall take appropriate action in accordance with the training described in
Subsection (2).
(6) A trained school employee volunteer who administers an adrenal crisis 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.
(7) Section 
53G-9-502
 does not apply to the administration of an adrenal crisis rescue
medication.
(8) Section 
53G-8-205
 does not apply to the possession of an adrenal crisis rescue
medication in accordance with this section.
(9) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
Professions, do not apply to an individual who is licensed as a health care professional under
Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or
pharmacist, for training, in good faith, a school employee who:
(i) volunteers to administer an adrenal crisis rescue medication in accordance with this
section; and
(ii) is not licensed under Title 58, Occupations and Professions.
(b) Allowing a trained school employee volunteer to administer an adrenal crisis rescue
medication in accordance with this section does not constitute unlawful or inappropriate
delegation under Title 58, Occupations and Professions.
Section 4. 
Effective date.
This bill takes effect on July 1, 2024.