(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:

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Terms Used In Utah Code 26B-4-409 v2

  • Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
  • 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
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-401
  • Pharmacy intern: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-401
  • Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 26B-4-401
  • 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) epinephrine auto-injectors for use in accordance with this part; or
     (1)(b) stock albuterol for use in accordance with this part.
(2)

     (2)(a) A qualified adult may obtain an epinephrine auto-injector for use in accordance with this part that is dispensed by:

          (2)(a)(i) a pharmacist as provided under Section 58-17b-1004; or
          (2)(a)(ii) a pharmacy intern as provided under Section 58-17b-1004.
     (2)(b) A qualified adult may obtain stock albuterol for use in accordance with this part that is dispensed by:

          (2)(b)(i) a pharmacist as provided under Section 58-17b-1004; or
          (2)(b)(ii) a pharmacy intern as provided under Section 58-17b-1004.
(3) A qualified adult:

     (3)(a) may immediately administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis when a physician or physician assistant is not immediately available; and
     (3)(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 epinephrine auto-injector.
(4) If a school nurse is not immediately available, a qualified adult:

     (4)(a) may immediately administer stock albuterol to an individual who:

          (4)(a)(i) has a diagnosis of asthma by a health care provider;
          (4)(a)(ii) has a current asthma action plan on file with the school; and
          (4)(a)(iii) is showing symptoms of an asthma emergency as described in the student’s asthma action plan; and
     (4)(b) shall initiate appropriate medical follow-up in accordance with the training materials retained under Section 26B-4-408 after administering stock albuterol.
(5)

     (5)(a) A qualified entity that complies with Subsection (5)(b) or (c), may obtain a supply of epinephrine auto-injectors or stock albuterol, respectively, from a pharmacist under Section 58-17b-1004, or a pharmacy intern under Section 58-17b-1004 for:

          (5)(a)(i) storing:

               (5)(a)(i)(A) the epinephrine auto-injectors on the qualified epinephrine auto-injector entity’s premises; and
               (5)(a)(i)(B) stock albuterol on the qualified stock albuterol entity‘s premises; and
          (5)(a)(ii) use by a qualified adult in accordance with Subsection (3) or (4).
     (5)(b) A qualified epinephrine auto-injector entity shall:

          (5)(b)(i) designate an individual to complete an initial and annual refresher training program regarding the proper storage and emergency use of an epinephrine auto-injector available to a qualified adult; and
          (5)(b)(ii) store epinephrine auto-injectors in accordance with the standards established by the department in Section 26B-4-411.
     (5)(c) A qualified stock albuterol entity shall:

          (5)(c)(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
          (5)(c)(ii) store stock albuterol in accordance with the standards established by the department in Section 26B-4-411.
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