(1) Sections 26B-4-406 through 26B-4-411 do not create a duty or standard of care for:

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Terms Used In Utah Code 26B-4-406

  • Asthma action plan: means a written plan:
         (4)(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
         (4)(b) signed by the student's:
              (4)(b)(i) parent or guardian; and
              (4)(b)(ii) health care provider. See Utah Code 26B-4-401
  • Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
  • 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. See Utah Code 26B-4-401
  • Health care provider: means an individual who is licensed as:
         (8)(a) a physician under Title 58, Chapter 67, Utah Medical Practice Act;
         (8)(c) an advanced practice registered nurse under Section 58-31b-302; or
         (8)(d) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Qualified adult: means a person who:
         (12)(a) is 18 years of age or older; and
         (12)(b)
              (12)(b)(i) for purposes of administering an epinephrine auto-injector, has successfully completed the training program established in Section 26B-4-407; and
              (12)(b)(ii) for purposes of administering stock albuterol, has successfully completed the training program established in Section 26B-4-408. See Utah Code 26B-4-401
  • 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. See Utah Code 26B-4-401
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Stock albuterol: means a prescription inhaled medication:
         (17)(a) used to treat asthma; and
         (17)(b) that may be delivered through a device, including:
              (17)(b)(i) an inhaler; or
              (17)(b)(ii) a nebulizer with a mouthpiece or mask. See Utah Code 26B-4-401
     (1)(a) a person to be trained in the use and storage of epinephrine auto-injectors or stock albuterol; or
     (1)(b) except as provided in Subsection (5), a qualified epinephrine auto-injector entity to store epinephrine auto-injectors 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 epinephrine auto-injectors 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:

     (3)(a) completing a training program under Section 26B-4-407 or 26B-4-408;
     (3)(b) possessing or storing an epinephrine auto-injector or stock albuterol on school property if:

          (3)(b)(i) the teacher or school employee is a qualified adult; and
          (3)(b)(ii) the possession and storage is in accordance with the training received under Section 26B-4-407 or 26B-4-408; or
     (3)(c) administering an epinephrine auto-injector or stock albuterol to any person, if:

          (3)(c)(i) the teacher or school employee is a qualified adult; and
          (3)(c)(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)

     (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:

          (5)(a)(i) is employed at the school; and
          (5)(a)(ii) is a qualified adult.
     (5)(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)

     (6)(a) Each primary or secondary school in the state, both public and private, may make stock albuterol available to any school employee who:

          (6)(a)(i) is employed at the school; and
          (6)(a)(ii) is a qualified adult.
     (6)(b) A qualified adult may administer stock albuterol to a student who:

          (6)(b)(i) has a diagnosis of asthma by a health care provider;
          (6)(b)(ii) has a current asthma action plan on file with the school; and
          (6)(b)(iii) is showing symptoms of an asthma emergency as described in the student’s asthma action plan.
     (6)(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:

     (7)(a) volunteering under Subsection (2);
     (7)(b) engaging in conduct described in Subsection (3); or
     (7)(c) failing or refusing to become a qualified adult.
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