PRINTER'S NO. 1312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1221
Session of
2023
INTRODUCED BY WARREN, SANCHEZ, HILL-EVANS, CIRESI, MADDEN,
BURGOS AND FLEMING, MAY 24, 2023
REFERRED TO COMMITTEE ON EDUCATION, MAY 24, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, further
providing for possession and use of asthma inhalers and
epinephrine auto-injectors and providing for school
administration of adrenal insufficiency medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1414.1(a), (b), (d) and (f)(1) and (3) of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, are amended to read:
Section 1414.1. Possession and Use of Asthma Inhalers [and],
Epinephrine Auto-Injectors and Adrenal Insufficiency
Medications.--(a) Each school entity shall develop a written
policy to allow for the possession and self-administration by
children of school age of asthma inhalers [and], epinephrine
auto-injectors and adrenal insufficiency medications, and the
prescribed medication to be administered thereby, in a school
setting. The policy shall comply with [section 504 of the
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Rehabilitation Act of 1973 (Public Law 93-112,] 29 U.S.C. § 794
(relating to nondiscrimination under Federal grants and
programs) and 22 Pa. Code Ch. 15 (relating to protected
handicapped students). The policy shall be distributed with the
code of student conduct required under 22 Pa. Code § 12.3(c)
(relating to school rules) and made available on the school
entity's publicly accessible Internet website, if any.
(b) The policy under this section shall require a child of
school age that desires to possess and self-administer an asthma
inhaler [or], epinephrine auto-injector or adrenal insufficiency
medication in a school setting to demonstrate the capability for
self-administration and for responsible behavior in the use
thereof and to notify the school nurse immediately following
each use of an asthma inhaler [or], epinephrine auto-injector or
adrenal insufficiency medication. The school entity shall
develop a system whereby the child may demonstrate competency to
the school nurse that the child is capable of self-
administration and has permission for carrying and taking the
medication through the use of the asthma inhaler [or],
epinephrine auto-injector or adrenal insufficiency medication.
Determination of competency for self-administration shall be
based on age, cognitive function, maturity and demonstration of
responsible behavior. The school entity shall also restrict the
availability of the asthma inhaler, the epinephrine auto-
injector, the adrenal insufficiency medication and the
prescribed medication contained therein from other children of
school age. The policy shall specify conditions under which a
student may lose the privilege to self-carry the asthma inhaler,
the epinephrine auto-injector, the adrenal insufficiency
medication and the medication if the school policies are abused
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or ignored. A school entity that prevents a student from self-
carrying an asthma inhaler [or], epinephrine auto-injector or
adrenal insufficiency medication and the prescribed medication
shall ensure that they are appropriately stored at locations in
close proximity to the student prohibited from self-carrying and
notify the student's classroom teachers of the places where the
asthma inhaler [or], epinephrine auto-injector or adrenal
insufficiency medication and medication are to be stored and the
means to access them.
* * *
(d) [As used in this section, "school entity"] For purposes
of this section:
"Adrenal insufficiency medication" means a medication that
treats adrenal insufficiency.
"School entity" means a school district, intermediate unit,
charter school or area career and technical school.
* * *
(f) Within one hundred twenty (120) days of the effective
date of this subsection, the Department of Health in
coordination with the Department of Education shall provide
technical assistance and resources and publish information on
the Department of Health's publicly accessible Internet website
regarding the administration of medication for allergies and
adrenal insufficiency by persons employed by a school entity,
including the following:
(1) Proper use and administration of epinephrine devices and
adrenal insufficiency medications.
* * *
(3) Recognition of the symptoms of a severe allergic
reaction or adrenal crisis.
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* * *
Section 2. The act is amended by adding a section to read:
Section 1414.12. School Administration of Adrenal
Insufficiency Medication.--(a) A school entity or nonpublic
school may authorize a trained school employe to administer to a
student an adrenal insufficiency medication that the student's
parent or legal guardian has provided to the school employe
trained under subsection (c) for the school entity or nonpublic
school if the trained school employe believes in good faith that
the student is having an adrenal crisis.
(b) A school entity or nonpublic school that authorizes the
administration of adrenal insufficiency medication under this
section shall designate one or more school employes at each
school who shall be responsible for the storage and use of the
adrenal insufficiency medication.
(c) School employes who are responsible for the storage and
use of adrenal insufficiency medication must successfully
complete a training program that shall be developed and
implemented by the Department of Health within ninety (90) days
of the effective date of this section.
(d) The student's adrenal insufficiency medication provided
to the school entity or nonpublic school by the student's parent
or legal guardian for storage may be utilized in either of the
following ways:
(1) Provided to a student by the trained school employe and
utilized by a student authorized to self-administer.
(2) Administered to a student by the trained school employe
authorized to administer adrenal insufficiency medication under
subsection (a).
(e) In the event a student is believed to be having an
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adrenal crisis, the school nurse or school employe trained under
subsection (c) shall contact local emergency services as soon as
possible.
(f) The provisions of 42 Pa.C.S. §§ 8332 (relating to
emergency response provider and bystander good Samaritan civil
immunity) and 8337.1 (relating to civil immunity of school
officers or employees relating to emergency care, first aid and
rescue) shall apply to a person authorized under this section to
administer an adrenal insufficiency medication.
(g) Administration of an adrenal insufficiency medication
under this section shall comply with 29 U.S.C. § 794 (relating
to nondiscrimination under Federal grants and programs) and 22
Pa. Code Ch. 15 (relating to protected handicapped students).
(h) For purposes of this section:
"Adrenal crisis" means a sudden, severe worsening of symptoms
associated with adrenal insufficiency, such as severe pain in
the lower back, abdomen or legs, vomiting, diarrhea,
dehydration, low blood pressure or loss of consciousness.
"Adrenal insufficiency" means a hormonal disorder that occurs
when the adrenal glands do not produce enough adrenal hormones.
"Adrenal insufficiency medication" means a medication that
treats adrenal insufficiency.
"Nonpublic school" shall have the same meaning as defined in
section 1502-M.
"School entity" means a school district, intermediate unit,
charter school, cyber charter school, regional charter school or
area career and technical school.
Section 3. This act shall take effect in 60 days.
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