{"data":{"id":"us-ut/utah-code-53g-9-505","jurisdiction":"us-ut","citation":"Utah Code § 53G-9-505","heading":"Trained school employee volunteers -- Administration of seizure rescue medication -- Exemptions from liability.","body":"(1) As used in this section:\n(a) \"Prescribing health care professional\" means:\n(i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act;\n(ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;\n(iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; or\n(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act.\n(b) \"Seizure rescue authorization\" means a student's individualized healthcare plan that:\n(i) certifies that:\n(A) a prescribing health care professional has prescribed a seizure rescue medication for the student;\n(B) the student's parent has previously administered the student's seizure rescue medication in a nonmedically-supervised setting without a complication; and\n(C) the student has previously ceased having full body prolonged or convulsive seizure activity as a result of receiving the seizure rescue medication;\n(ii) describes the specific seizure rescue medication authorized for the student, including the indicated dose, and instructions for administration;\n(iii) requests that the student's public school identify and train school employees who are willing to volunteer to receive training to administer a seizure rescue medication in accordance with this section; and\n(iv) authorizes a trained school employee volunteer to administer a seizure rescue medication in accordance with this section.\n(c)\n(i) \"Seizure rescue medication\" means a medication, prescribed by a prescribing health care professional, to be administered as described in a student's seizure rescue authorization, while the student experiences seizure activity.\n(ii) A seizure rescue medication does not include a medication administered intravenously or intramuscularly.\n(d) \"Trained school employee volunteer\" means an individual who:\n(i) is an employee of a public school where at least one student has a seizure rescue authorization;\n(ii) is at least 18 years old; and\n(iii) as described in this section:\n(A) volunteers to receive training in the administration of a seizure rescue medication;\n(B) completes a training program described in this section;\n(C) demonstrates competency on an assessment; and\n(D) completes annual refresher training each year that the individual intends to remain a trained school employee volunteer.\n(2)\n(a) The Department of Health and Human Services shall, with input from the state board and a children's hospital, develop a training program for trained school employee volunteers in the administration of seizure rescue medications that includes:\n(i) techniques to recognize symptoms that warrant the administration of a seizure rescue medication;\n(ii) standards and procedures for the storage of a seizure rescue medication;\n(iii) procedures, in addition to administering a seizure rescue medication, in the event that a student requires administration of the seizure rescue medication, including:\n(A) calling 911; and\n(B) contacting the student's parent;\n(iv) an assessment to determine if an individual is competent to administer a seizure rescue medication;\n(v) an annual refresher training component; and\n(vi) written materials describing the information required under this Subsection (2)(a).\n(b) A public school shall retain for reference the written materials described in Subsection (2)(a)(vi).\n(c) The following individuals may provide the training described in Subsection (2)(a):\n(i) a school nurse; or\n(ii) a licensed health care professional.\n(3)\n(a) A public school shall, after receiving a seizure rescue authorization:\n(i) inform school employees of the opportunity to be a school employee volunteer; and\n(ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who volunteers, using the training program described in Subsection (2)(a).\n(b) A public school may not:\n(i) obstruct the identification or training of a trained school employee volunteer; or\n(ii) compel a school employee to become a trained school employee volunteer.\n(4) A trained school employee volunteer may possess or store a prescribed rescue seizure medication, in accordance with this section.\n(5) A trained school employee volunteer may administer a seizure rescue medication to a student with a seizure rescue authorization if:\n(a) the student is exhibiting a symptom, described on the student's seizure rescue authorization, that warrants the administration of a seizure rescue medication; and\n(b) a licensed health care professional is not immediately available to administer the seizure rescue medication.\n(6) A trained school employee volunteer who administers a seizure rescue medication shall direct an individual to call 911 and take other appropriate actions in accordance with the training described in Subsection (2).\n(7) A trained school employee volunteer who administers a seizure rescue medication in accordance with this section in good faith is not liable in a civil or criminal action for an act taken or not taken under this section.\n(8) Section 53G-9-502 does not apply to the administration of a seizure rescue medication.\n(9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication in accordance with this section.\n(10)\n(a) The unlawful or unprofessional conduct provisions of Title 58, Occupations and Professions, do not apply to a person licensed as a health care professional under Title 58, Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist for, in good faith, training a nonlicensed school employee who volunteers to administer a seizure rescue medication in accordance with this section.\n(b) Allowing a trained school employee volunteer to administer a seizure rescue medication in accordance with this section does not constitute unlawful or inappropriate delegation under Title 58, Occupations and Professions.","path":["Title 53G Public Education System -- Local Administration","Chapter 53G-9 Health and Welfare","Part 53G-9-5 Administration of Medication"],"source_url":"https://le.utah.gov/xcode/Title53G/Chapter9/53G-9-S505.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"d8d0281453eb7b6aea442d57ce6537a0e70d65f3c7d04c6aeb91d5b2ca649ab9","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53g-9-504","next":"us-ut/utah-code-53g-9-506"},"notice":"GroundRules: Original legal text. Not legal advice."}