FDACD – Health Requirements and Services: Student Asthma Emergency

Health Requirements and Services

Student Asthma Emergency

Definitions—

  1. “Asthma action plan” means a written plan developed with a school, nurse, a student’s parent or guardian, and the student’s health care provider to help control the student’s asthma which is signed by the student’s parent or guardian and health care provider.
  2. “Asthma emergency” means an episode of respiratory distress that may include symptoms such as wheezing, shortness of breath, coughing, chest tightness, or breathing difficulty.
  3. “Qualified adult” means a person who is 18 years of age or older and who has successfully completed the Utah Department of Health training program described in this policy.
  4. “Stock albuterol” means a prescription inhaled medication which is used to treat asthma and that may be delivered through a device, including an inhaler or a nebulizer with a mouthpiece or mask.

Utah Code § 26-41-102(2), (3), (6), (9) (2019)

Administration of Stock Albuterol for Asthma Emergency—

This policy does not create a duty or standard of care for a person to be trained in the use and storage of stock albuterol, nor does it create a duty on the part of the District or a school to store stock albuterol at a school, nor does it relieve a student’s parent or guardian from providing a student’s medication, nor does it create an expectation that a school will have stock albuterol available.  A decision to complete the training program described below and to make stock albuterol available for asthma emergencies. A school, school board, or school official may encourage a teacher or other school employee to volunteer for such training.  A school, the school board, or a school official may not prohibit or dissuade a school employee from (a) being trained in use and storage of stock albuterol, (b) possessing or storing stock albuterol on school premises (if the employee is a qualified adult and the possession and storage is in accord with training), or (c) administering stock albuterol (if the employee is a qualified adult and the administration is in accord with training).

Utah Code § 26-41-103 (2019)

Each primary and secondary school shall make initial and annual refresher training regarding the storage and emergency use of stock albuterol available to any interested teacher or other school employee, who is at least eighteen (18) years of age, who volunteers for such training. The training will be provided by the Utah Department of Health.  

The training will include instruction on:

  1. techniques for recognizing symptoms of an asthma emergency;
  2. standards and procedures for the storage and emergency use of a stock albuterol;
  3. emergency follow-up procedures, and contacting, if possible, the student’s parent; and
  4. written materials covering the information provided during training.

The volunteers shall retain for reference the written materials covering the information provided during training. 

Utah Code § 26-41-104.1 (2019)

A teacher or other school employee who is a “qualified adult”:

  1. May obtain (along with the school nurse) from the school district physician, the medical director of the local health department, the local emergency medical services director, a physician, pharmacist, or any other person or entity authorized to prescribe or dispense prescribed medicines or drugs, a prescription for stock albuterol;
  2. May, when a school nurse is not immediately available, immediately administer stock albuterol to a person who (a) has a diagnosis of asthma by a health care provider, (b) has a current asthma action plan on file with the school, and (c) is showing symptoms of an asthma emergency as described in the student’s asthma action plan;
  3. Shall initiate appropriate medical follow-up in accordance with the training materials after administering stock albuterol. 

Each primary or secondary school may make stock albuterol available to any teacher or other school employee who is employed at the school and has become a “qualified adult.”

Utah Code § 26-41-103(6) (2019)

Utah Code § 26-41-105 (2019)

A school may obtain a prescription for a supply of stock albuterol for storage at the school and use by qualified adults if the school (a) designates an individual to complete an initial and annual refresher training program regarding the proper storage and emergency use of stock albuterol and (b) stores the stock albuterol according to Utah Department of Health standards.

Utah Code § 26-41-105(5) (2019)

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 Utah Code § 26-41-101 et seq. with respect to an asthma emergency: (a) a “qualified adult,” (b) a person who conducts training regarding the emergency use and storage of stock albuterol, and (c) the District or its schools.

Utah Code § 26-41-106 (2019)

Student Self-Administration of Asthma Medication—

Under Policy FDAC, elementary and middle school students are prohibited from carrying or self-administering medication on school premises except in certain limited circumstances. However, elementary and middle school students may possess or possess and self-administer asthma medication provided that the school has been provided a parent authorization statement and a health care provider statement as provided below.

The written parent or guardian statement must state that the parent or guardian authorizes the student to possess or possess and use the asthma medication and must acknowledge that the student is responsible for, and capable of, possessing or possessing and self-administering the asthma medication.

The written health care provider statement must state (1) the name of the asthma medication prescribed or authorized for the student’s use and (2) that it is medically appropriate for the student to self-administer asthma medication and to be in possession of asthma medication at all times the epinephrine auto-injector at all times.

(When available, the Utah Department of Health forms for the parent and health care provider statements shall be used.)

Utah Code § 26-41-104.1(4), (5) (2019)

Medication Sharing Prohibited—

No student is permitted to sell, share, or otherwise give to others any medication, prescription or non-prescription.  Violations of this policy are subject to disciplinary action under the school’s drug policies.