PRINTER'S NO. 1756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1208
Session of
2024
INTRODUCED BY AUMENT, ARGALL, LAUGHLIN AND PENNYCUICK,
JUNE 24, 2024
REFERRED TO EDUCATION, JUNE 24, 2024
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, providing
for individualized medication plans to administer
medications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1414.12. Individualized Medication Plans to
Administer Medications.--(a) Each school entity shall develop a
written policy to allow the school entity to create an
individualized medication plan for how medication used to treat
medical emergencies will be stored and administered in a school
setting. The policy shall comply with section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. ยง 794)
and 22 Pa. Code Ch. 15 (relating to protected handicapped
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students). The policy shall be distributed with the code of
student conduct required under 22 Pa. Code ยง 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 and their parent or guardian to request an
individualized medication plan to administer medication for
medical emergencies not able to be treated by an asthma inhaler
or epinephrine auto-injector. Upon receipt of the request for an
individualized medication plan, the school entity shall, in
collaboration with the parent or guardian and school nurse,
develop an individualized medication plan for the student. If
the individualized medication plan allows a student to self-
administer medication, the student must 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 the medication. The school entity shall
develop a system by which 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
self-administered medicine. Determination of competency for
self-administration shall be based on age, cognitive function,
maturity and demonstration of responsible behavior. The school
entity shall restrict the availability of the self-administered
medicine from other children of school age. The policy shall
specify conditions under which a student may lose the privilege
to self-carry the self-administered medicine if the school
entity's policies are abused or ignored. A school entity that
prevents a student from self-carrying a self-administered
medicine shall ensure that the medicine is appropriately stored
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at locations in close proximity to the student prohibited from
self-carrying and notify the student's classroom teachers of the
places where the self-administered medicines are to be stored
and the means to access them.
(c) The individualized medication plan must include the
following:
(1) A written request from the parent or guardian of the
student for medication to be administered in a school setting.
The parent or guardian's written request shall include a signed
waiver relieving the school entity or any school employe of any
responsibility for the benefits or consequences of the
prescribed medication when it is parent-authorized or guardian-
authorized and acknowledging that the school entity bears no
responsibility for ensuring that the medication is taken.
(2) A written statement from the physician, certified
registered nurse practitioner or physician assistant that
provides the name of the drug, the dose, the times when the
medicine is to be taken and the diagnosis or reason the medicine
is needed unless the reason should remain confidential. The
physician, certified registered nurse practitioner or physician
assistant shall indicate the potential of any serious reaction
that may occur from the medicine, including any necessary
emergency response. The physician, certified registered nurse
practitioner or physician assistant shall state whether the
child is qualified and able to self-administer the medicine.
(3) The ability of the school entity to reserve the right to
require a statement from the physician, certified registered
nurse practitioner or physician assistant for the continued use
of a medicine beyond a specified time period. The school entity
shall require updated prescriptions and parental approvals on an
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annual basis from the pupil.
(4) A copy of the individualized medication plan signed by
the parent or guardian, school nurse and school administrator.
(d) The department shall create a waiver which must be
signed by the parent or guardian, the student, school nurse and
school administrator to satisfy the waiver requirement under
subsection (c)(1).
(e) Nothing in this section shall be construed to create,
establish or expand any civil liability on the part of any
school entity or school employe.
(f) As used in this section, "school entity" means a school
district, intermediate unit, charter school or area career and
technical school.
Section 2. This act shall take effect in 60 days.
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