Effective 7/1/2020
26-41-105. Authority to obtain and use an epinephrine auto-injector or stock albuterol.
26-41-105. 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:
- (a) epinephrine auto-injectors for use in accordance with this chapter; or
- (b) stock albuterol for use in accordance with this chapter.
- (2)
- (a) A qualified adult may obtain an epinephrine auto-injector for use in accordance with this chapter 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 chapter 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.
- (a) A qualified adult may obtain an epinephrine auto-injector for use in accordance with this chapter that is dispensed by:
- (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 26-41-104 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 26-41-104.1 after administering stock albuterol.
- (a) may immediately administer stock albuterol to an individual who:
- (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).
- (i) storing:
- (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 26-41-107.
- (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 26-41-107.
- (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:
Amended by Chapter 372, 2020 General Session