Section 26B-4-409 - [Effective 8/1/2024] Authority to obtain and use an epinephrine auto-injector or stock albuterol(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:(a) epinephrine auto-injectors for use in accordance with this part; or(b) stock albuterol for use in accordance with this part.(2)(a) A qualified adult may obtain an epinephrine auto-injector for use in accordance with this part that is dispensed by: (i) a pharmacist as provided under Section 58-17b-1004; or(ii) a pharmacy intern as provided under Section 58-17b-1004.(b) A qualified adult may obtain stock albuterol for use in accordance with this part that is dispensed by:(i) a pharmacist as provided under Section 58-17b-1004; or(ii) a pharmacy intern as provided under Section 58-17b-1004.(3) A qualified adult:(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(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: (a) may immediately administer stock albuterol to an individual 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; and(b) shall initiate appropriate medical follow-up in accordance with the training materials retained under Section 26B-4-408 after administering stock albuterol.(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: (i) storing:(A) the epinephrine auto-injectors on the qualified epinephrine auto-injector entity's premises; and(B) stock albuterol on the qualified stock albuterol entity's premises; and(ii) use by a qualified adult in accordance with Subsection (3) or (4).(b) A qualified epinephrine auto-injector entity shall: (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(ii) store epinephrine auto-injectors in accordance with the standards established by the department in Section 26B-4-411.(c) A qualified stock albuterol entity shall: (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(ii) store stock albuterol in accordance with the standards established by the department in Section 26B-4-411.Amended by Chapter TBD, 2024 General Session ,§ 2, eff. 8/1/2024.Amended by Chapter TBD, 2024 General Session ,§ 4, eff. 5/1/2024.Renumbered from § 26-41-105 and amended by Chapter 307, 2023 General Session ,§ 133, eff. 5/3/2023.Amended by Chapter 372, 2020 General Session ,§ 2, eff. 7/1/2020.Amended by Chapter 236, 2019 General Session ,§ 6, eff. 7/1/2020.Amended by Chapter 332, 2015 General Session ,§ 4, eff. 5/12/2015.Amended by Chapter 64, 2008 General SessionThis section is set out more than once due to postponed, multiple, or conflicting amendments.