26B-4-409. Authority to obtain and use an injectable epinephrine rescue medication, glucagon kit, or stock albuterol.

793 words·~4 min read·/ut/title-26b/chapter-4/26b-4-409·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)The school district physician, a department health care provider, the medical director of the local health department, or the local emergency medical services director may provide a prescription for the following if requested by 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:

(a)injectable epinephrine rescue medication for use in accordance with this part;

(b)a glucagon kit for use in accordance with this part; or

(c)stock albuterol for use in accordance with this part.

(a)A qualified adult may obtain an injectable epinephrine rescue medication 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 a glucagon kit 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 .

(c)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 injectable epinephrine rescue medication to a person exhibiting potentially life-threatening symptoms of anaphylaxis when a physician or physician assistant 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 injectable epinephrine rescue medication.

(4)If a school nurse is not immediately available, a qualified adult:

(a)may immediately administer a glucagon kit to an individual who:

(i)has a diagnosis of diabetes by a health care provider;

(ii)has a glucagon authorization on file with the school; and

(iii)is showing symptoms of hypoglycemia; and

(b)shall initiate appropriate medical follow-up in accordance with the training materials retained under Section 26B-4-412 after administering a glucagon kit.

(a)If a school nurse is not immediately available, a qualified adult 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.

(b)If a school nurse is not immediately available and an individual does not have a current asthma action plan described in Subsection (5)(a) , a qualified adult may administer stock albuterol to the individual if the qualified adult identifies, based on the training received under Section 26B-4-408 , that the individual is experiencing an asthma emergency.

(c)A qualified adult that administers stock albuterol under this Subsection

(5)shall initiate appropriate medical follow-up in accordance with the training materials retained under Section 26B-4-408 after administering stock albuterol.

(a)A qualified entity that complies with Subsection (6)(b) , (c), or (d), may obtain a supply of injectable epinephrine rescue medication, glucagon kits, 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 injectable epinephrine rescue medication on the qualified injectable epinephrine rescue medication entity's premises;

(B)the glucagon kits on the qualified glucagon kit entity's premises; and

(C)stock albuterol on the qualified stock albuterol entity's premises; and

(ii)use by a qualified adult in accordance with Subsections

(3)through (5).

(b)A qualified injectable epinephrine rescue medication entity shall:

(i)designate an individual to complete an initial and annual refresher training program regarding the proper storage and emergency use of an injectable epinephrine rescue medication available to a qualified adult; and

(ii)store injectable epinephrine rescue medication in accordance with the standards established by the department in Section 26B-4-411 .

(c)A qualified glucagon kit entity shall:

(i)designate an individual to complete an initial and annual refresher training program regarding the proper storage and emergency use of a glucagon kit available to a qualified adult; and

(ii)store a glucagon kit in accordance with the standards established by the department in Section 26B-4-411 .

(d)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 .

Amended by Chapter 445 , 2025 General Session