UT
Utah House Bill HB0529

Utah 2025 Regular Session

Utah House Bill HB0529 Compare Versions

Only one version of the bill is available at this time.
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11 02-19 13:51 H.B. 529
22 1
33 School Health Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Mark A. Strong
77 Senate Sponsor:
88 2
99
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1111 LONG TITLE
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1313 General Description:
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1515 This bill amends provisions regarding the administration of stock albuterol in schools.
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1717 Highlighted Provisions:
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1919 This bill:
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2121 ▸ expands when stock albuterol can be administered during an emergency occurring in a
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2323 school.
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2525 Money Appropriated in this Bill:
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2727 None
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2929 Other Special Clauses:
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3131 None
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3333 Utah Code Sections Affected:
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3535 AMENDS:
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3737 26B-4-406, as renumbered and amended by Laws of Utah 2023, Chapter 307
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3939 26B-4-409, as last amended by Laws of Utah 2024, Chapter 311
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4141
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4343 Be it enacted by the Legislature of the state of Utah:
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4545 Section 1. Section 26B-4-406 is amended to read:
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4747 26B-4-406 . Voluntary participation.
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4949 (1) Sections 26B-4-406 through 26B-4-411 do not create a duty or standard of care for:
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5151 (a) a person to be trained in the use and storage of epinephrine auto-injectors or stock
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5353 albuterol; or
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5555 (b) except as provided in Subsection (5), a qualified epinephrine auto-injector entity to
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5757 store epinephrine auto-injectors or a qualified stock albuterol entity to store stock
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5959 albuterol on its premises.
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6161 (2) Except as provided in Subsections (3) and (5), a decision by a person to successfully
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6363 complete a training program under Section 26B-4-407 or 26B-4-408 and to make
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6565 emergency epinephrine auto-injectors or stock albuterol available under the provisions
6666 H.B. 529 H.B. 529 02-19 13:51
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6868 of Sections 26B-4-406 through 26B-4-411 is voluntary.
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7070 (3) A school, school board, or school official may not prohibit or dissuade a teacher or
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7272 other school employee at a primary or secondary school in the state, either public or
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7474 private, from:
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7676 (a) completing a training program under Section 26B-4-407 or 26B-4-408;
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7878 (b) possessing or storing an epinephrine auto-injector or stock albuterol on school
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8080 property if:
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8282 (i) the teacher or school employee is a qualified adult; and
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8484 (ii) the possession and storage is in accordance with the training received under
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8686 Section 26B-4-407 or 26B-4-408; or
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8888 (c) administering an epinephrine auto-injector or stock albuterol to any person, if:
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9090 (i) the teacher or school employee is a qualified adult; and
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9292 (ii) the administration is in accordance with the training received under Section
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9494 26B-4-407 or 26B-4-408.
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9696 (4) A school, school board, or school official may encourage a teacher or other school
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9898 employee to volunteer to become a qualified adult.
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100100 (5)(a) Each primary or secondary school in the state, both public and private, shall make
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102102 an emergency epinephrine auto-injector available to any teacher or other school
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104104 employee who:
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106106 (i) is employed at the school; and
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108108 (ii) is a qualified adult.
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110110 (b) This section does not require a school described in Subsection (5)(a) to keep more
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112112 than one emergency epinephrine auto-injector on the school premises, so long as it
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114114 may be quickly accessed by a teacher or other school employee, who is a qualified
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116116 adult, in the event of an emergency.
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118118 (6)(a) Each primary or secondary school in the state, both public and private, may make
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120120 stock albuterol available to any school employee who:
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122122 (i) is employed at the school; and
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124124 (ii) is a qualified adult.
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126126 (b) A qualified adult may administer stock albuterol to a student who:
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128128 (i) has a diagnosis of asthma by a health care provider;
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130130 (ii) except as provided in Subsection (6)(d), has a current asthma action plan on file
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132132 with the school; and
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134134 (iii) except as provided in Subsection (6)(d), is showing symptoms of an asthma
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137137 emergency as described in the student's asthma action plan.
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139139 (c) This Subsection (6) may not be interpreted to relieve a student's parent or guardian of
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141141 providing a student's medication or create an expectation that a school will have stock
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143143 albuterol available.
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145145 (d) A qualified adult may administer stock albuterol to any student who appears to be
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147147 experiencing respiratory distress or an asthma emergency based on the qualified
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149149 adult's training under Section 26B-4-408 and regardless of whether a current asthma
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151151 action plan is on file.
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153153 (7) No school, school board, or school official shall retaliate or otherwise take adverse
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155155 action against a teacher or other school employee for:
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157157 (a) volunteering under Subsection (2);
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159159 (b) engaging in conduct described in Subsection (3); or
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161161 (c) failing or refusing to become a qualified adult.
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163163 Section 2. Section 26B-4-409 is amended to read:
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165165 26B-4-409 . Authority to obtain and use an epinephrine auto-injector or stock
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167167 albuterol.
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169169 (1) The school district physician, a department health care provider, the medical director of
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171171 the local health department, or the local emergency medical services director may
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173173 provide a prescription for the following if requested by a qualified adult, who is a
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175175 teacher or other school employee at a public or private primary or secondary school in
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177177 the state, or a school nurse:
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179179 (a) epinephrine auto-injectors for use in accordance with this part; or
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181181 (b) stock albuterol for use in accordance with this part.
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183183 (2)(a) A qualified adult may obtain an epinephrine auto-injector for use in accordance
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185185 with this part that is dispensed by:
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187187 (i) a pharmacist as provided under Section 58-17b-1004; or
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189189 (ii) a pharmacy intern as provided under Section 58-17b-1004.
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191191 (b) A qualified adult may obtain stock albuterol for use in accordance with this part that
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193193 is dispensed by:
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195195 (i) a pharmacist as provided under Section 58-17b-1004; or
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197197 (ii) a pharmacy intern as provided under Section 58-17b-1004.
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199199 (3) A qualified adult:
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201201 (a) may immediately administer an epinephrine auto-injector to a person exhibiting
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203203 potentially life-threatening symptoms of anaphylaxis when a physician or physician
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206206 assistant is not immediately available; and
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208208 (b) shall initiate emergency medical services or other appropriate medical follow-up in
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210210 accordance with the training materials retained under Section 26B-4-407 after
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212212 administering an epinephrine auto-injector.
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214214 (4)(a) If a school nurse is not immediately available, a qualified adult[:]
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216216 [(a)] may immediately administer stock albuterol to an individual who:
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218218 (i) has a diagnosis of asthma by a health care provider;
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220220 (ii) has a current asthma action plan on file with the school; and
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222222 (iii) is showing symptoms of an asthma emergency as described in the student's
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224224 asthma action plan[; and] .
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226226 (b) If a school nurse is not immediately available and an individual does not have a
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228228 current asthma action plan described in Subsection (4)(a), a qualified adult may
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230230 administer stock albuterol to the individual if the qualified adult identifies, based on
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232232 the training received under Section 26B-4-408, that the individual is experiencing an
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234234 asthma emergency.
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236236 (c) A qualified adult that administers stock albuterol under this Subsection (4) shall
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238238 initiate appropriate medical follow-up in accordance with the training materials
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240240 retained under Section 26B-4-408 after administering stock albuterol.
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242242 (5)(a) A qualified entity that complies with Subsection (5)(b) or (c), may obtain a supply
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244244 of epinephrine auto-injectors or stock albuterol, respectively, from a pharmacist
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246246 under Section 58-17b-1004, or a pharmacy intern under Section 58-17b-1004 for:
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248248 (i) storing:
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250250 (A) the epinephrine auto-injectors on the qualified epinephrine auto-injector
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252252 entity's premises; and
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254254 (B) stock albuterol on the qualified stock albuterol entity's premises; and
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256256 (ii) use by a qualified adult in accordance with Subsection (3) or (4).
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258258 (b) A qualified epinephrine auto-injector entity shall:
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260260 (i) designate an individual to complete an initial and annual refresher training
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262262 program regarding the proper storage and emergency use of an epinephrine
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264264 auto-injector available to a qualified adult; and
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266266 (ii) store epinephrine auto-injectors in accordance with the standards established by
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268268 the department in Section 26B-4-411.
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270270 (c) A qualified stock albuterol entity shall:
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272272 (i) designate an individual to complete an initial and annual refresher training
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275275 program regarding the proper storage and emergency use of stock albuterol
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277277 available to a qualified adult; and
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279279 (ii) store stock albuterol in accordance with the standards established by the
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281281 department in Section 26B-4-411.
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283283 Section 3. Effective Date.
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285285 This bill takes effect on May 7, 2025.
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