Section 53G-9-505 - Trained school employee volunteers - Administration of seizure rescue medication - Exemptions from liability(1) As used in this section:(a) "Prescribing health care professional" means:(i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act;(ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; or(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act.(b) "Seizure rescue authorization" means a student's individualized healthcare plan that: (i) certifies that: (A) a prescribing health care professional has prescribed a seizure rescue medication for the student;(B) the student's parent has previously administered the student's seizure rescue medication in a nonmedically-supervised setting without a complication; and(C) the student has previously ceased having full body prolonged or convulsive seizure activity as a result of receiving the seizure rescue medication;(ii) describes the specific seizure rescue medication authorized for the student, including the indicated dose, and instructions for administration;(iii) requests that the student's public school identify and train school employees who are willing to volunteer to receive training to administer a seizure rescue medication in accordance with this section; and(iv) authorizes a trained school employee volunteer to administer a seizure rescue medication in accordance with this section.(c)(i) "Seizure rescue medication" means a medication, prescribed by a prescribing health care professional, to be administered as described in a student's seizure rescue authorization, while the student experiences seizure activity.(ii) A seizure rescue medication does not include a medication administered intravenously or intramuscularly.(d) "Trained school employee volunteer" means an individual who: (i) is an employee of a public school where at least one student has a seizure rescue authorization;(ii) is at least 18 years old; and(iii) as described in this section: (A) volunteers to receive training in the administration of a seizure rescue medication;(B) completes a training program described in this section;(C) demonstrates competency on an assessment; and(D) completes annual refresher training each year that the individual intends to remain a trained school employee volunteer.(2)(a) The Department of Health and Human Services shall, with input from the state board and a children's hospital, develop a training program for trained school employee volunteers in the administration of seizure rescue medications that includes:(i) techniques to recognize symptoms that warrant the administration of a seizure rescue medication;(ii) standards and procedures for the storage of a seizure rescue medication;(iii) procedures, in addition to administering a seizure rescue medication, in the event that a student requires administration of the seizure rescue medication, including: (B) contacting the student's parent;(iv) an assessment to determine if an individual is competent to administer a seizure rescue medication;(v) an annual refresher training component; and(vi) written materials describing the information required under this Subsection (2)(a).(b) A public school shall retain for reference the written materials described in Subsection (2)(a)(vi).(c) The following individuals may provide the training described in Subsection (2)(a):(ii) a licensed heath care professional.(3)(a) A public school shall, after receiving a seizure rescue authorization: (i) inform school employees of the opportunity to be a school employee volunteer; and(ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who volunteers, using the training program described in Subsection (2)(a).(b) A public school may not: (i) obstruct the identification or training of a trained school employee volunteer; or(ii) compel a school employee to become a trained school employee volunteer.(4) A trained school employee volunteer may possess or store a prescribed rescue seizure medication, in accordance with this section.(5) A trained school employee volunteer may administer a seizure rescue medication to a student with a seizure rescue authorization if:(a) the student is exhibiting a symptom, described on the student's seizure rescue authorization, that warrants the administration of a seizure rescue medication; and(b) a licensed health care professional is not immediately available to administer the seizure rescue medication.(6) A trained school employee volunteer who administers a seizure rescue medication shall direct an individual to call 911 and take other appropriate actions in accordance with the training described in Subsection (2).(7) A trained school employee volunteer who administers a seizure rescue medication in accordance with this section in good faith is not liable in a civil or criminal action for an act taken or not taken under this section.(8) Section 53G-9-502 does not apply to the administration of a seizure rescue medication.(9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication in accordance with this section.(10)(a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and Professions, do not apply to a person licensed as a health care professional under Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist for, in good faith, training a nonlicensed school employee who volunteers to administer a seizure rescue medication in accordance with this section.(b) Allowing a trained school employee volunteer to administer a seizure rescue medication in accordance with this section does not constitute unlawful or inappropriate delegation under Title 58, Occupations and Professions.Amended by Chapter 309, 2024 General Session ,§ 2, eff. 7/1/2024.Amended by Chapter 86, 2024 General Session ,§ 5, eff. 5/1/2024.Amended by Chapter 349, 2019 General Session ,§ 43, eff. 5/14/2019.Amended by Chapter 293, 2019 General Session ,§ 181, eff. 5/14/2019.Renumbered from § 53A-11-603.5 and amended by Chapter 3, 2018 General Session ,§ 321, eff. 1/24/2018.Added by Chapter 423, 2016 General Session ,§ 1, eff. 5/10/2016.