26B-4-409. Authority to obtain and use an epinephrine auto-injector or stock albuterol.
(1)
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, may obtain from the school district physician, the medical director of the local health department, or the local emergency medical services director a prescription for:
Terms Used In Utah Code 26B-4-409
Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 26B-4-401
Asthma action plan: means a written plan:
(a)
developed with a school nurse, a student's parent or guardian, and the student's health care provider to help control the student's asthma; and
Asthma emergency: means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty. See Utah Code 26B-4-401
Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 26B-4-401
Health care provider: means an individual who is licensed as:
for purposes of administering an epinephrine auto-injector, has successfully completed the training program established in Section 26B-4-407; and
(ii)
for purposes of administering stock albuterol, has successfully completed the training program established in Section 26B-4-408. See Utah Code 26B-4-401
Qualified stock albuterol entity: means a public or private school that employs, contracts with, or has a similar relationship with a qualified adult who is likely to have contact with another person who may experience an asthma emergency. See Utah Code 26B-4-401
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Stock albuterol: means a prescription inhaled medication:
(a)
used to treat asthma; and
(b)
that may be delivered through a device, including:
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 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.
Renumbered and Amended by Chapter 307, 2023 General Session
