02-19 13:51 H.B. 529
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School Health Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions regarding the administration of stock albuterol in schools.
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Highlighted Provisions:
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This bill:
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▸ expands when stock albuterol can be administered during an emergency occurring in a
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school.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-4-406, as renumbered and amended by Laws of Utah 2023, Chapter 307
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26B-4-409, as last amended by Laws of Utah 2024, Chapter 311
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-4-406 is amended to read:
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26B-4-406 . Voluntary participation.
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(1) Sections 26B-4-406 through 26B-4-411 do not create a duty or standard of care for:
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(a) a person to be trained in the use and storage of epinephrine auto-injectors or stock
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albuterol; or
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(b) except as provided in Subsection (5), a qualified epinephrine auto-injector entity to
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store epinephrine auto-injectors or a qualified stock albuterol entity to store stock
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albuterol on its premises.
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(2) Except as provided in Subsections (3) and (5), a decision by a person to successfully
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complete a training program under Section 26B-4-407 or 26B-4-408 and to make
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emergency epinephrine auto-injectors or stock albuterol available under the provisions
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of Sections 26B-4-406 through 26B-4-411 is voluntary.
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(3) A school, school board, or school official may not prohibit or dissuade a teacher or
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other school employee at a primary or secondary school in the state, either public or
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private, from:
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(a) completing a training program under Section 26B-4-407 or 26B-4-408;
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(b) possessing or storing an epinephrine auto-injector or stock albuterol on school
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property if:
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(i) the teacher or school employee is a qualified adult; and
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(ii) the possession and storage is in accordance with the training received under
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Section 26B-4-407 or 26B-4-408; or
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(c) administering an epinephrine auto-injector or stock albuterol to any person, if:
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(i) the teacher or school employee is a qualified adult; and
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(ii) the administration is in accordance with the training received under Section
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26B-4-407 or 26B-4-408.
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(4) A school, school board, or school official may encourage a teacher or other school
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employee to volunteer to become a qualified adult.
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(5)(a) Each primary or secondary school in the state, both public and private, shall make
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an emergency epinephrine auto-injector available to any teacher or other school
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employee who:
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(i) is employed at the school; and
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(ii) is a qualified adult.
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(b) This section does not require a school described in Subsection (5)(a) to keep more
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than one emergency epinephrine auto-injector on the school premises, so long as it
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may be quickly accessed by a teacher or other school employee, who is a qualified
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adult, in the event of an emergency.
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(6)(a) Each primary or secondary school in the state, both public and private, may make
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stock albuterol available to any school employee who:
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(i) is employed at the school; and
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(ii) is a qualified adult.
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(b) A qualified adult may administer stock albuterol to a student who:
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(i) has a diagnosis of asthma by a health care provider;
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(ii) except as provided in Subsection (6)(d), has a current asthma action plan on file
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with the school; and
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(iii) except as provided in Subsection (6)(d), is showing symptoms of an asthma
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emergency as described in the student's asthma action plan.
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(c) This Subsection (6) may not be interpreted to relieve a student's parent or guardian of
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providing a student's medication or create an expectation that a school will have stock
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albuterol available.
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(d) A qualified adult may administer stock albuterol to any student who appears to be
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experiencing respiratory distress or an asthma emergency based on the qualified
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adult's training under Section 26B-4-408 and regardless of whether a current asthma
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action plan is on file.
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(7) No school, school board, or school official shall retaliate or otherwise take adverse
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action against a teacher or other school employee for:
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(a) volunteering under Subsection (2);
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(b) engaging in conduct described in Subsection (3); or
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(c) failing or refusing to become a qualified adult.
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Section 2. Section 26B-4-409 is amended to read:
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26B-4-409 . Authority to obtain and use an epinephrine auto-injector or stock
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albuterol.
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(1) The school district physician, a department health care provider, the medical director of
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the local health department, or the local emergency medical services director may
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provide a prescription for the following if requested by a qualified adult, who is a
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teacher or other school employee at a public or private primary or secondary school in
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the state, or a school nurse:
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(a) epinephrine auto-injectors for use in accordance with this part; or
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(b) stock albuterol for use in accordance with this part.
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(2)(a) A qualified adult may obtain an epinephrine auto-injector for use in accordance
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with this part that is dispensed by:
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(i) a pharmacist as provided under Section 58-17b-1004; or
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(ii) a pharmacy intern as provided under Section 58-17b-1004.
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(b) A qualified adult may obtain stock albuterol for use in accordance with this part that
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is dispensed by:
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(i) a pharmacist as provided under Section 58-17b-1004; or
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(ii) a pharmacy intern as provided under Section 58-17b-1004.
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(3) A qualified adult:
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(a) may immediately administer an epinephrine auto-injector to a person exhibiting
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potentially life-threatening symptoms of anaphylaxis when a physician or physician
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assistant is not immediately available; and
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(b) shall initiate emergency medical services or other appropriate medical follow-up in
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accordance with the training materials retained under Section 26B-4-407 after
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administering an epinephrine auto-injector.
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(4)(a) If a school nurse is not immediately available, a qualified adult[:]
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[(a)] may immediately administer stock albuterol to an individual who:
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(i) has a diagnosis of asthma by a health care provider;
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(ii) has a current asthma action plan on file with the school; and
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(iii) is showing symptoms of an asthma emergency as described in the student's
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asthma action plan[; and] .
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(b) If a school nurse is not immediately available and an individual does not have a
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current asthma action plan described in Subsection (4)(a), a qualified adult may
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administer stock albuterol to the individual if the qualified adult identifies, based on
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the training received under Section 26B-4-408, that the individual is experiencing an
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asthma emergency.
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(c) A qualified adult that administers stock albuterol under this Subsection (4) shall
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initiate appropriate medical follow-up in accordance with the training materials
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retained under Section 26B-4-408 after administering stock albuterol.
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(5)(a) A qualified entity that complies with Subsection (5)(b) or (c), may obtain a supply
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of epinephrine auto-injectors or stock albuterol, respectively, from a pharmacist
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under Section 58-17b-1004, or a pharmacy intern under Section 58-17b-1004 for:
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(i) storing:
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(A) the epinephrine auto-injectors on the qualified epinephrine auto-injector
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entity's premises; and
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(B) stock albuterol on the qualified stock albuterol entity's premises; and
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(ii) use by a qualified adult in accordance with Subsection (3) or (4).
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(b) A qualified epinephrine auto-injector entity shall:
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(i) designate an individual to complete an initial and annual refresher training
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program regarding the proper storage and emergency use of an epinephrine
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auto-injector available to a qualified adult; and
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(ii) store epinephrine auto-injectors in accordance with the standards established by
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the department in Section 26B-4-411.
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(c) A qualified stock albuterol entity shall:
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(i) designate an individual to complete an initial and annual refresher training
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program regarding the proper storage and emergency use of stock albuterol
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available to a qualified adult; and
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(ii) store stock albuterol in accordance with the standards established by the
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department in Section 26B-4-411.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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