Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 333 (2025GS)

Sponsor

Rep. Koford, Jill

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends defined terms;
• creates a defined term;
• allows a student to possess or self-administer epinephrine nasal spray at a school in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

21
26B-4-401
26B-4-406
26B-4-407
26B-4-409
26B-4-410
26B-4-411
49-20-421
53G-9-502
58-17b-1001
58-17b-1002
58-17b-1003
58-17b-1004
58-17b-1005
58-17b-1006
58-17b-1007
0
Medications in Schools Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jill Koford
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill amends the definition of a medical device used to administer epinephrine.
Highlighted Provisions:
This bill:
amends defined terms;
creates a defined term;
allows a student to possess or self-administer epinephrine nasal spray at a school in 
certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-4-401
, as last amended by Laws of Utah 2024, Chapter 311
26B-4-406
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-407
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-409
, as last amended by Laws of Utah 2024, Chapter 311
26B-4-410
, as last amended by Laws of Utah 2024, Chapter 311
26B-4-411
, as renumbered and amended by Laws of Utah 2023, Chapter 307
49-20-421
, as last amended by Laws of Utah 2023, Chapters 267, 328
53G-9-502
, as last amended by Laws of Utah 2024, Chapter 309
58-17b-1001
, as enacted by Laws of Utah 2020, Chapter 372
58-17b-1002
, as last amended by Laws of Utah 2023, Chapter 329
58-17b-1003
, as enacted by Laws of Utah 2020, Chapter 372
58-17b-1004
, as last amended by Laws of Utah 2023, Chapter 329
58-17b-1005
, as last amended by Laws of Utah 2024, Chapter 507
58-17b-1006
, as enacted by Laws of Utah 2020, Chapter 372
58-17b-1007
, as enacted by Laws of Utah 2020, Chapter 372
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-4-401
 is amended to read:
26B-4-401
. Definitions.
As used in this part:
(1)
"Agent" means a coach, teacher, employee, representative, or volunteer.
(2)
(a)
"Amateur sports organization" means, except as provided in Subsection (2)(b):
(i)
a sports team;
(ii)
a public or private school;
(iii)
a public or private sports league;
(iv)
a public or private sports camp; or
(v)
any other public or private organization that organizes, manages, or sponsors a 
sporting event for its members, enrollees, or attendees.
(b)
"Amateur sports organization" does not include a professional:
(i)
team;
(ii)
league; or
(iii)
sporting event.
(3)
"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.
(4)
"Asthma action plan" means a written plan:
(a)
developed with a school nurse, a student's parent or guardian, and the student's health 
care provider to help control the student's asthma; and
(b)
signed by the student's:
(i)
parent or guardian; and
(ii)
health care provider.
(5)
"Asthma emergency" means an episode of respiratory distress that may include 
symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing 
difficulty.
(6)
"Child" means an individual who is under 
the age of 18
18 years old
.
(7)
"Department health care provider" means a health care provider who is acting in the 
capacity of a health care provider during employment for the department.
(8)
"Epinephrine nasal spray" means a portable, disposable drug delivery device that 
contains a measured, single dose of epinephrine administered nasally, that is used to 
treat a person suffering a potentially fatal anaphylactic reaction.
(8)
"Epinephrine auto-injector" means a portable, disposable drug delivery device that 
contains a measured, single dose of epinephrine that is used to treat a person suffering a 
potentially fatal anaphylactic reaction.
(9)
"Health care provider" means an individual who is licensed as:
(a)
a physician under Title 58, Chapter 67, Utah Medical Practice Act;
(b)
a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(c)
an advanced practice registered nurse under Section 
58-31b-302
; or
(d)
a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(10)
"Injectable epinephrine rescue medication" means a portable, disposable drug delivery 
device that contains a measured, single dose of epinephrine administered through 
injection, that is used to treat a person suffering a potentially fatal anaphylactic reaction.
(10)
(11)
"Pharmacist" means the same as that term is defined in Section 
58-17b-102
.
(11)
(12)
"Pharmacy intern" means the same as that term is defined in Section 
58-17b-102
.
(12)
(13)
"Physician" means the same as that term is defined in Section 
58-67-102
.
(13)
(14)
"Public school" means a district school or a charter school.
(14)
(15)
"Qualified adult" means a person who:
(a)
is at least 18 years old; and
(b)
(i)
for purposes of administering an 
injectable 
epinephrine 
auto-injector
rescue 
medication
, has successfully completed the training program established in 
Section 
26B-4-407
; and
(ii)
for purposes of administering stock albuterol, has successfully completed the 
training program established in Section 
26B-4-408
.
(15)
(16)
"Qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 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.
(16)
(17)
"Qualified health care provider" means a health care provider who:
(a)
is licensed under Title 58, Occupations and Professions; and
(b)
may evaluate and manage a concussion within the health care provider's scope of 
practice.
(17)
(18)
"Qualified stock albuterol entity" means a public or private school 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 an asthma emergency.
(18)
(19)
(a)
"Sporting event" means any of the following athletic activities that is 
organized, managed, or sponsored by an organization:
(i)
a game;
(ii)
a practice;
(iii)
a sports camp;
(iv)
a physical education class;
(v)
a competition; or
(vi)
a tryout.
(b)
"Sporting event" does not include:
(i)
the issuance of a lift ticket or pass by a ski resort, the use of the ticket or pass, or a 
ski or snowboarding class or school at a ski resort, unless the skiing or 
snowboarding is part of a camp, team, or competition that is organized, managed, 
or sponsored by the ski resort;
(ii)
as applied to a government entity, merely making available a field, facility, or 
other location owned, leased, or controlled by the government entity to an amateur 
sports organization or a child, regardless of whether the government entity charges 
a fee for the use; or
(iii)
free play or recess taking place during school hours.
(19)
(20)
"Stock albuterol" means a prescription inhaled medication:
(a)
used to treat asthma; and
(b)
that may be delivered through a device, including:
(i)
an inhaler; or
(ii)
a nebulizer with a mouthpiece or mask.
(20)
(21)
"Traumatic head injury" means an injury to the head arising from blunt trauma, 
an acceleration force, or a deceleration force, with one of the following observed or 
self-reported conditions attributable to the injury:
(a)
transient confusion, disorientation, or impaired consciousness;
(b)
dysfunction of memory;
(c)
loss of consciousness; or
(d)
signs of other neurological or neuropsychological dysfunction, including:
(i)
seizures;
(ii)
irritability;
(iii)
lethargy;
(iv)
vomiting;
(v)
headache;
(vi)
dizziness; or
(vii)
fatigue.
Section 2, Section 
26B-4-406
 is amended to read:
26B-4-406
. Voluntary participation.
(1)
Sections 
26B-4-406
 through 
26B-4-411
 do not create a duty or standard of care for:
(a)
a person to be trained in the use and storage of 
injectable 
epinephrine 
auto-injectors
rescue medication
 or stock albuterol; or
(b)
except as provided in Subsection 
(5)
, a qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity to store 
injectable 
epinephrine 
auto-injectors
rescue 
medication
 or a qualified stock albuterol entity to store stock albuterol 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 
26B-4-407
 or 
26B-4-408
 and to make 
emergency 
injectable 
epinephrine 
auto-injectors
rescue medication
 or stock albuterol 
available under the provisions of Sections 
26B-4-406
 through 
26B-4-411
 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 
26B-4-407
 or 
26B-4-408
;
(b)
possessing or storing an 
injectable 
epinephrine 
auto-injector
rescue medication
 or 
stock albuterol 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 
26B-4-407
 or 
26B-4-408
; or
(c)
administering an 
injectable 
epinephrine 
auto-injector
rescue medication
 or stock 
albuterol 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 
26B-4-407
 or 
26B-4-408
.
(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 
injectable 
epinephrine 
auto-injector
rescue medication
 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 
injectable 
epinephrine 
auto-injector
rescue medication
 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)
(a)
Each primary or secondary school in the state, both public and private, may make 
stock albuterol available to any school employee who:
(i)
is employed at the school; and
(ii)
is a qualified adult.
(b)
A qualified adult may administer stock albuterol to a student who:
(i)
has a diagnosis of asthma by a health care provider;
(ii)
has a current asthma action plan on file with the school; and
(iii)
is showing symptoms of an asthma emergency as described in the student's 
asthma action plan.
(c)
This Subsection 
(6)
 may not be interpreted to relieve a student's parent or guardian of 
providing a student's medication or create an expectation that a school will have stock 
albuterol available.
(7)
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 
26B-4-407
 is amended to read:
26B-4-407
. Training in use and storage of injectable epinephrine rescue 
medication.
(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 
injectable 
epinephrine 
auto-injector
rescue medication
, 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 
injectable 
epinephrine 
auto-injectors
rescue medication
;
(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
:
(a)
possess an epinephrine nasal spray;
(b)
self-administer an epinephrine nasal spray;
(c)
possess an 
injectable 
epinephrine 
auto-injector
rescue medication; or
(d)
 or possess and 
self-administer an 
injectable 
epinephrine 
auto-injector
rescue 
medication
 if:
(a)
(i)
the student's parent or guardian signs a statement:
(i)
(A)
authorizing the student to possess or possess and self-administer an 
injectable 
epinephrine 
auto-injector
rescue medication
; and
(ii)
(B)
acknowledging that the student is responsible for, and capable of, 
possessing or possessing and self-administering an 
injectable 
epinephrine 
auto-injector
rescue medication
; and
(b)
(ii)
the student's health care provider provides a written statement that states that:
(i)
(A)
it is medically appropriate for the student to possess or possess and 
self-administer an 
injectable 
epinephrine 
auto-injector
rescue medication
; and
(ii)
(B)
the student should be in possession of the 
injectable 
epinephrine 
auto-injector
rescue medication
 at all times.
(5)
The department, in cooperation with the state superintendent of public instruction, shall 
design forms to be used by public and private schools for the parental and health care 
providers statements described in Subsection 
(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 
injectable 
epinephrine 
auto-injectors
rescue medication
; 
and
(B)
a qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity 
regarding the proper storage and emergency use of 
injectable 
epinephrine 
auto-injectors
rescue medication
; and
(ii)
may, as funding is available, conduct educational programs to train people 
regarding the use of and storage of emergency 
injectable 
epinephrine 
auto-injectors
rescue medication
.
(b)
A person who volunteers to receive training as a qualified adult to administer an 
injectable 
epinephrine 
auto-injector
rescue medication
 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 contact with at least one 
other person as a result of the person's occupational or volunteer status.
Section 4, Section 
26B-4-409
 is amended to read:
26B-4-409
. Authority to obtain and use an injectable epinephrine rescue 
medication or stock albuterol.
(1)
The school district physician, a department health care provider, the medical director of 
the local health department, or the local emergency medical services director may 
provide a prescription for the following if requested by 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:
(a)
injectable 
epinephrine 
auto-injectors
rescue medication
 for use in accordance with 
this part; or
(b)
stock albuterol for use in accordance with this part.
(2)
(a)
A qualified adult may obtain an 
injectable 
epinephrine 
auto-injector
rescue 
medication
 for use in accordance with this part that is dispensed by:
(i)
a pharmacist as provided under Section 
58-17b-1004
; or
(ii)
a pharmacy intern as provided under Section 
58-17b-1004
.
(b)
A qualified adult may obtain stock albuterol for use in accordance with this part that 
is dispensed by:
(i)
a pharmacist as provided under Section 
58-17b-1004
; or
(ii)
a pharmacy intern as provided under Section 
58-17b-1004
.
(3)
A qualified adult:
(a)
may immediately administer an 
injectable 
epinephrine 
auto-injector
rescue 
medication
 to a person exhibiting potentially life-threatening symptoms of 
anaphylaxis when a physician or physician assistant 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 
26B-4-407
 after 
administering an 
injectable 
epinephrine 
auto-injector
rescue medication
.
(4)
If a school nurse is not immediately available, a qualified adult:
(a)
may immediately administer stock albuterol to an individual who:
(i)
has a diagnosis of asthma by a health care provider;
(ii)
has a current asthma action plan on file with the school; and
(iii)
is showing symptoms of an asthma emergency as described in the student's 
asthma action plan; and
(b)
shall initiate appropriate medical follow-up in accordance with the training materials 
retained under Section 
26B-4-408
 after administering stock albuterol.
(5)
(a)
A qualified entity that complies with Subsection (5)(b) or (c), may obtain a supply 
of 
injectable 
epinephrine 
auto-injectors
rescue medication
 or stock albuterol, 
respectively, from a pharmacist under Section 
58-17b-1004
, or a pharmacy intern 
under Section 
58-17b-1004
 for:
(i)
storing:
(A)
the 
injectable 
epinephrine 
auto-injectors
rescue medication
 on the qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity's premises; and
(B)
stock albuterol on the qualified stock albuterol entity's premises; and
(ii)
use by a qualified adult in accordance with Subsection (3) or (4).
(b)
A qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity shall:
(i)
designate an individual to complete an initial and annual refresher training 
program regarding the proper storage and emergency use of an 
injectable 
epinephrine 
auto-injector
rescue medication
 available to a qualified adult; and
(ii)
store 
injectable 
epinephrine 
auto-injectors
rescue medication
 in accordance with 
the standards established by the department in Section 
26B-4-411
.
(c)
A qualified stock albuterol entity shall:
(i)
designate an individual to complete an initial and annual refresher training 
program regarding the proper storage and emergency use of stock albuterol 
available to a qualified adult; and
(ii)
store stock albuterol in accordance with the standards established by the 
department in Section 
26B-4-411
.
Section 5, Section 
26B-4-410
 is amended to read:
26B-4-410
. Immunity from liability.
(1)
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 Sections 
26B-4-406
 through 
26B-4-411
with respect to an anaphylactic reaction, or asthma emergency:
(a)
a qualified adult;
(b)
a physician, physician assistant, pharmacist, or any other person or entity authorized 
to prescribe or dispense prescription drugs;
(c)
a person who conducts training described in Section 
26B-4-407
 or 
26B-4-408
;
(d)
a qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity; 
(e)
a qualified stock albuterol entity;
(f)
the department;
(g)
a local health department;
(h)
a local education agency; and
(i)
a local emergency medical services entity.
(2)
Section 
53G-9-502
 does not apply to the administration of an 
injectable 
epinephrine 
auto-injector
rescue medication
 or stock albuterol in accordance with this part.
(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 
26B-4-411
 is amended to read:
26B-4-411
. 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 Sections 
26B-4-407
 and 
26B-4-408
;
(2)
establish a procedure for determining who is eligible for training as a qualified adult 
under Subsection 
26B-4-407(6)(b)(v)
; and
(3)
establish standards for storage of:
(a)
emergency 
auto-injectors
injectable epinephrine rescue medication
 by a qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity under Section 
26B-4-407
; and
(b)
stock albuterol by a qualified stock albuterol entity under Section 
26B-4-408
.
Section 7, Section 
49-20-421
 is amended to read:
49-20-421
. Prescription discount program.
(1)
As used in this section:
(a)
"Discount program" means the prescription discount program created by this section.
(b)
"Epinephrine auto-injector" means 
the same as that term is defined in Section 
26B-4-401
.
a portable, disposable drug delivery device that contains a measured, 
single dose of epinephrine that is used to treat a person suffering a potentially fatal 
anaphylactic reaction.
(c)
"Insulin" means a prescription drug that contains insulin.
(d)
"Participant" means a resident of Utah who:
(i)
has a prescription or standing prescription for a qualified prescription;
(ii)
does not receive health coverage under the program; and
(iii)
enrolls in the discount program.
(e)
"Prescription drug" means the same as that term is defined in Section 
58-17b-102
.
(f)
"Qualified prescription" means a prescription drug, including insulin and epinephrine 
auto-injectors, that the program has determined:
(i)
treats a serious, prevalent, and ongoing condition;
(ii)
does not have a generic substitute;
(iii)
qualifies for a substantial rebate; and
(iv)
would not result in financial losses to the state risk pool if sold as part of the 
discount program.
(g)
"Rebate" means the same as that term is defined in Section 
31A-46-102
.
(2)
The program shall create a prescription discount program for a participant to purchase a 
qualified prescription at a discounted, post-rebate price.
(3)
The program shall:
(a)
provide a participant with a card or electronic document that identifies the participant 
as eligible for the discount on a qualified prescription;
(b)
provide a participant with information about pharmacies that will honor the discount; 
and
(c)
provide a participant with instructions to pursue a reimbursement of the purchase 
price from the participant's health insurer.
(4)
The program may not retain any amount of a rebate for a qualified prescription except 
for an amount necessary to make the state risk pool whole for providing the qualified 
prescription to participants.
(5)
For each drug added to the discount program, the program shall notify the Health and 
Human Services Interim Committee, providing:
(a)
the name of the drug; and
(b)
the primary condition the drug treats.
Section 8, 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
, including epinephrine nasal spray as that 
term is defined in Section 
26B-4-401
,
 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
; 
(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 9, Section 
58-17b-1001
 is amended to read:
58-17b-1001
. Title.
This part is known as the "
Injectable 
Epinephrine 
Auto-Injector
Rescue Medication
 and 
Stock Albuterol Act."
Section 10, Section 
58-17b-1002
 is amended to read:
58-17b-1002
. Definitions.
As used in this part:
(1)
"Epinephrine auto-injector
"Injectable epinephrine rescue medication
" means the same 
as that term is defined in Section 
26B-4-401
.
(2)
"Local health department" means the same as that term is defined in Section 
26A-1-102
.
(3)
"Physician" means the same as that term is defined in Section 
58-67-102
.
(4)
"Qualified adult" means the same as that term is defined in Section 
26B-4-401
.
(5)
"Qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity" means the 
same as that term is defined in Section 
26B-4-401
.
(6)
"Qualified stock albuterol entity" means the same as that term is defined in Section 
26B-4-401
.
(7)
"Stock albuterol" means the same as that term is defined in Section 
26B-4-401
.
Section 11, Section 
58-17b-1003
 is amended to read:
58-17b-1003
. Voluntary participation.
This part does not create a duty or standard of care for a person to prescribe or dispense 
an 
injectable 
epinephrine 
auto-injector
rescue medication
 or stock albuterol.
Section 12, Section 
58-17b-1004
 is amended to read:
58-17b-1004
. Authorization to dispense an injectable epinephrine rescue 
medication and stock albuterol pursuant to a standing order.
(1)
Notwithstanding any other provision of this chapter, a pharmacist or pharmacy intern 
may dispense an 
injectable 
epinephrine 
auto-injector
rescue medication
:
(a)
(i)
to a qualified adult for use in accordance with 
Title 26B, Chapter 4, Part 4, 
School Health
; or
(ii)
to a qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity for 
use in accordance with 
Title 26B, Chapter 4, Part 4, School Health
;
(b)
pursuant to a standing prescription drug order made in accordance with Section 
58-17b-1005
;
(c)
without any other prescription drug order from a person licensed to prescribe an 
injectable 
epinephrine 
auto-injector
rescue medication
; and
(d)
in accordance with the dispensing guidelines in Section 
58-17b-1006
.
(2)
Notwithstanding any other provision of this chapter, a pharmacist or pharmacy intern 
may dispense stock albuterol:
(a)
(i)
to a qualified adult for use in accordance with 
Title 26B, Chapter 4, Part 4, 
School Health
; or
(ii)
to a qualified stock albuterol entity for use in accordance with 
Title 26B, Chapter 
4, Part 4, School Health
;
(b)
pursuant to a standing prescription drug order made in accordance with Section 
58-17b-1005
;
(c)
without any other prescription drug order from a person licensed to prescribe stock 
albuterol; and
(d)
in accordance with the dispensing guidelines in Section 
58-17b-1006
.
Section 13, Section 
58-17b-1005
 is amended to read:
58-17b-1005
. Standing prescription drug orders for injectable epinephrine 
rescue medication and stock albuterol.
(1)
As used in this section:
(a)
"Epinephrine protocol" means a protocol that:
(i)
requires a physician to specify the persons, by professional license number, 
authorized to dispense the 
injectable 
epinephrine 
auto-injector
rescue medication
;
(ii)
requires a physician to review at least annually the dispensing practices of the 
persons authorized by the physician to dispense the 
injectable 
epinephrine 
auto-injector
rescue medication
;
(iii)
requires those authorized by a physician to dispense the 
injectable 
epinephrine 
auto-injector
rescue medication
 to make and retain a record of each dispensing, 
including:
(A)
the name of the qualified adult or qualified 
injectable 
epinephrine 
auto-injector
rescue medication
 entity to whom the 
injectable 
epinephrine 
auto-injector
rescue medication
 is dispensed;
(B)
a description of the 
injectable 
epinephrine 
auto-injector
rescue medication
dispensed; and
(C)
other relevant information; and
(iv)
is approved by the division through rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the 
Medical Licensing Board created in Section 
58-67-201
 and the board.
(b)
"Stock albuterol protocol" means a protocol that:
(i)
requires a physician to specify the persons, by professional license number, 
authorized to dispense the stock albuterol;
(ii)
requires a physician to review at least annually the dispensing practices of the 
persons authorized by the physician to dispense the stock albuterol;
(iii)
requires those authorized by the physician to dispense the stock albuterol to 
make and retain a record of each dispensing, including:
(A)
the name of the qualified adult or qualified stock albuterol entity to whom the 
stock albuterol is dispensed;
(B)
a description of the stock albuterol dispensed; and
(C)
other relevant information; and
(iv)
is approved by the division through rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the 
Medical Licensing Board created in Section 
58-67-201
 and the board.
(2)
Under Section 
58-17b-1004
, the Department of Health and Human Services shall have a 
physician acting in the physician's capacity as an employee of the Department of Health 
and Human Services issue a standing prescription drug order authorizing the dispensing 
of:
(a)
an 
injectable 
epinephrine 
auto-injector
rescue medication
 in accordance with an 
epinephrine protocol; and
(b)
stock albuterol in accordance with a stock albuterol protocol.
(3)
Under Section 
58-17b-1004
, a medical director of a local health department may issue a 
standing prescription drug order authorizing the dispensing of:
(a)
an 
injectable 
epinephrine 
auto-injector
rescue medication
 in accordance with an 
epinephrine protocol; or
(b)
stock albuterol in accordance with a stock albuterol protocol.
Section 14, Section 
58-17b-1006
 is amended to read:
58-17b-1006
. Guidelines for dispensing an injectable epinephrine rescue 
medication and stock albuterol.
(1)
A pharmacist or pharmacy intern who dispenses an 
injectable 
epinephrine 
auto-injector
rescue medication
 under this part shall, at a minimum, provide patient counseling to the 
qualified adult or qualified epinephrine 
auto-injector
rescue medication
 entity to whom 
the epinephrine 
auto-injector
rescue medication
 is dispensed regarding:
(a)
the appropriate administration and storage of the 
injectable 
epinephrine 
auto-injector
rescue medication
;
(b)
potential side effects and risks of the 
injectable 
epinephrine 
auto-injector
rescue 
medication
; and
(c)
when to seek emergency medical attention.
(2)
A pharmacist or pharmacy intern who dispenses stock albuterol under this part shall, at 
a minimum, provide patient counseling to the qualified adult or qualified stock albuterol 
entity to whom the stock albuterol is dispensed regarding:
(a)
the appropriate administration and storage of the stock albuterol;
(b)
potential side effects and risks of the stock albuterol; and
(c)
when to seek emergency medical attention.
Section 15, Section 
58-17b-1007
 is amended to read:
58-17b-1007
. Limited civil liability.
(1)
A physician who issues a standing prescription drug order in accordance with 
Subsection 
58-17b-1005(1)
 is not liable for any civil damages for acts or omissions 
resulting from the dispensing of an 
injectable 
epinephrine 
auto-injector
rescue 
medication
 under this part.
(2)
A physician who issues a standing prescription drug order in accordance with 
Subsection 
58-17b-1005(2)
 is not liable for any civil damages for acts or omissions 
resulting from the dispensing of stock albuterol under this part.
Section 16. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:42 PM