26B-4-408.  Training in use and storage of stock albuterol.

(1) 

Terms Used In Utah Code 26B-4-408

  • 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
  • Health care provider: means an individual who is licensed as:
(a) a physician under Title 58, Chapter 67, Utah Medical Practice Act;
(b) a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(c) an advanced practice registered nurse under Section 58-31b-302; or
(d) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-401
  • Person: means :Utah Code 68-3-12.5
  • Qualified adult: means a person who:
    (a) is 18 years of age or older; and
    (b) 
    (i) 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:
    (i) an inhaler; or
    (ii) a nebulizer with a mouthpiece or mask. See Utah Code 26B-4-401
    (a)  Each primary and secondary school in the state, both public and private, shall make initial and annual refresher training regarding the storage and emergency use of stock albuterol available to a teacher or school employee who volunteers to become a qualified adult.

    (b)  The training described in Subsection (1)(a) shall be provided by the department.

    (2)  A person who provides training under Subsection (1) or (6) shall include in the training:

    (a)  techniques for recognizing symptoms of an asthma emergency;

    (b)  standards and procedures for the storage and emergency use of stock albuterol;

    (c)  emergency follow-up procedures, and contacting, if possible, the student’s parent; and

    (d)  written materials covering the information required under this Subsection (2).

    (3)  A qualified adult shall retain for reference the written materials prepared in accordance with Subsection (2)(d).

    (4) 

    (a)  A public or private school shall permit a student to possess and self-administer asthma medication if:

    (i)  the student’s parent or guardian signs a statement:

    (A)  authorizing the student to self-administer asthma medication; and

    (B)  acknowledging that the student is responsible for, and capable of, self-administering the asthma medication; and

    (ii)  the student’s health care provider provides a written statement that states:

    (A)  it is medically appropriate for the student to self-administer asthma medication and be in possession of asthma medication at all times; and

    (B)  the name of the asthma medication prescribed or authorized for the student’s use.

    (b)  Section 53G-8-205 does not apply to the possession and self-administration of asthma medication in accordance with this section.

    (5)  The department, in cooperation with the state superintendent of public instruction, shall design forms to be used by public and private schools for the parental and health care provider statements described in Subsection (4).

    (6)  The department:

    (a)  shall approve educational programs conducted by other persons to train:

    (i)  people under Subsection (6)(b), regarding the proper use and storage of stock albuterol; and

    (ii)  a qualified stock albuterol entity regarding the proper storage and emergency use of stock albuterol; and

    (b)  may conduct educational programs to train people regarding the use of and storage of stock albuterol.

    Renumbered and Amended by Chapter 307, 2023 General Session