Section 26B-4-401 - [Effective 8/1/2024] DefinitionsAs 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): (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: (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.(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 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) "Pharmacist" means the same as that term is defined in Section 58-17b-102.(11) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.(12) "Physician" means the same as that term is defined in Section 58-67-102.(13) "Public school" means a district school or a charter school.(14) "Qualified adult" means a person who:(a) is at least 18 years old; and(b)(i) for purposes of administering an epinephrine auto-injector, 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) "Qualified epinephrine auto-injector 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:(ii) an education facility, school, or university;(iii) a day care facility;(iv) youth sports leagues;(vi) food establishments;(vii) places of employment; and(16) "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) "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)(a)"Sporting event" means any of the following athletic activities that is organized, managed, or sponsored by an organization: (iv) a physical education class;(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) "Stock albuterol" means a prescription inhaled medication: (a) used to treat asthma; and(b) that may be delivered through a device, including: (ii) a nebulizer with a mouthpiece or mask.(20) "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: Amended by Chapter TBD, 2024 General Session ,§ 1, eff. 8/1/2024.Renumbered from § 26-53-102 and amended by Chapter 307, 2023 General Session ,§ 125, eff. 5/3/2023.Amended by Chapter 18, 2013 General Session ,§ 1, eff. 5/14/2013.Enacted by Chapter 97, 2011 General SessionThis section is set out more than once due to postponed, multiple, or conflicting amendments.