26-41-103 - Voluntary participation.
26-41-103. Voluntary participation.
(1) This chapter does not create a duty or standard of care for a person to be trained in theuse and storage of epinephrine auto-injectors.
(2) Except as provided in Subsections (3) and (5), a decision by a person to successfullycomplete a training program under Section 26-41-104 and to make emergency epinephrineauto-injectors available under the provisions of this chapter is voluntary.
(3) A school, school board, or school official may not prohibit or dissuade a teacher orother school employee at a primary or secondary school in the state, either public or private,from:
(a) completing a training program under Section 26-41-104;
(b) possessing or storing an epinephrine auto-injector on school property if:
(i) the teacher or school employee is a qualified adult; and
(ii) the possession and storage is in accordance with the training received under Section26-41-104; or
(c) administering an epinephrine auto-injector to any person, if:
(i) the teacher or school employee is a qualified adult; and
(ii) the administration is in accordance with the training received under Section26-41-104.
(4) A school, school board, or school official may encourage a teacher or other schoolemployee to volunteer to become a qualified adult.
(5) (a) Each primary or secondary school in the state, both public and private, shall makean emergency epinephrine auto-injector available to any teacher or other school employee who:
(i) is employed at the school; and
(ii) is a qualified adult.
(b) This section does not require a school described in Subsection (5)(a) to keep morethan one emergency epinephrine auto-injector on the school premises, so long as it may bequickly accessed by a teacher or other school employee, who is a qualified adult, in the event ofan emergency.
(6) No school, school board, or school official shall retaliate or otherwise take adverseaction against a teacher or other school employee for:
(a) volunteering under Subsection (2);
(b) engaging in conduct described in Subsection (3); or
(c) failing or refusing to become a qualified adult.
Amended by Chapter 64, 2008 General Session