26B-4-405.  School nurses evaluating student injuries.

(1)  A school nurse may assess a child who is suspected of sustaining a concussion or a traumatic head injury during school hours on school property regardless of whether the nurse has received specialized training in the evaluation and management of a concussion.

Terms Used In Utah Code 26B-4-405

  • Child: means an individual who is under the age of 18. See Utah Code 26B-4-401
  • 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. See Utah Code 26B-4-401
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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. See Utah Code 26B-4-401
    (2)  A school nurse who does not meet the requirements of Subsections 26B-4-404(1)(b)(i) and (1)(b)(ii)(A), but who assesses a child who is suspected of sustaining a concussion or traumatic head injury under Subsection (1):

    (a)  shall refer the child to a qualified health care provider who is trained in the evaluation and management of a concussion; and

    (b)  may not provide a written statement permitting the child to resume participation in free play or physical education class under Subsection 26B-4-404(1)(b)(ii).

    (3)  A school nurse shall undergo training in the evaluation and management of a concussion, as funding allows.

    Renumbered and Amended by Chapter 307, 2023 General Session