Section 26B-4-406 - Voluntary participation(1) Sections 26B-4-406 through 26B-4-411 do not create a duty or standard of care for: (a) a person to be trained in the use and storage of epinephrine auto-injectors or stock albuterol; or(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: (a) completing a training program under Section 26B-4-407 or 26B-4-408;(b) possessing or storing an epinephrine auto-injector or stock albuterol on school property if: (i) the teacher or school employee is a qualified adult; and(ii) the possession and storage is in accordance with the training received under Section 26B-4-407 or 26B-4-408; or(c) administering an epinephrine auto-injector or stock albuterol to any person, if: (i) the teacher or school employee is a qualified adult; and(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)(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: (i) is employed at the school; and(ii) is a qualified adult.(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)(a) Each primary or secondary school in the state, both public and private, may make stock albuterol available to any school employee who: (i) is employed at the school; and(ii) is a qualified adult.(b) A qualified adult may administer stock albuterol to a student who: (i) has a diagnosis of asthma by a health care provider;(ii) has a current asthma action plan on file with the school; and(iii) is showing symptoms of an asthma emergency as described in the student's asthma action plan.(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: (a) volunteering under Subsection (2);(b) engaging in conduct described in Subsection (3); or(c) failing or refusing to become a qualified adult.Renumbered from § 26-41-103 and amended by Chapter 307, 2023 General Session ,§ 130, eff. 5/3/2023.Amended by Chapter 236, 2019 General Session ,§ 3, eff. 7/1/2020.Amended by Chapter 332, 2015 General Session ,§ 2, eff. 5/12/2015.Amended by Chapter 64, 2008 General Session