Utah School’s Medication Law

UTAH 53A-11-602. Self-administration of asthma medication. (1) As used in this section, “asthma medication” means prescription or nonprescription, inhaled asthma medication. (2) A public school shall permit a student to possess and self-administer asthma medication if: (a) the student’s parent or guardian signs a statement: (i) authorizing the student to self-administer asthma medication; and (ii) acknowledging that the student is responsible for, and capable of, self-administering the asthma medication; and (b) the student’s health care provider provides a written statement that states: (i) it is medically appropriate for the student to self-administer asthma medication and be in possession of asthma medication at all times; and (ii) the name of the asthma medication prescribed or authorized for the student’s use. (3) 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 provider statements described in Subsection (2). (4) Section 53A-11-904 does not apply to the possession and self-administration of asthma medication in accordance with this section. Enacted by Chapter 4, 2004 General Session 26-41-104 – Training in use 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). (6) (a) The department: (i) shall approve educational programs conducted by other persons, to train people under Subsection (6)(b) of this section, regarding the use and storage of emergency 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 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 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). Amended by Chapter 297, 2011 General Session