The following, if acting in good faith, are not liable in any civil or criminal action for any act taken or not taken under the authority of Sections 26B-4-406 through 26B-4-411 with respect to an anaphylactic reaction or asthma emergency:
Terms Used In Utah Code 26B-4-410
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
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:
a physician, pharmacist, or any other person or entity authorized to prescribe or dispense prescription drugs;
(c)
a person who conducts training described in Section 26B-4-407 or 26B-4-408;
(d)
a qualified epinephrine auto-injector entity; and
(e)
a qualified stock albuterol entity.
(2)
Section 53G-9-502 does not apply to the administration of an epinephrine auto-injector or stock albuterol in accordance with this part.
(3)
This section does not eliminate, limit, or reduce any other immunity from liability or defense against liability that may be available under state law.
Renumbered and Amended by Chapter 307, 2023 General Session
