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                                                       PRINTER'S NO. 803

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 731 Session of 2007


        INTRODUCED BY ORIE, CORMAN, RHOADES, WASHINGTON, PICCOLA,
           TOMLINSON, PILEGGI, FONTANA, MUSTO, LOGAN, FOLMER, KITCHEN,
           BOSCOLA, COSTA, EARLL, C. WILLIAMS AND BAKER, APRIL 9, 2007

        REFERRED TO EDUCATION, APRIL 9, 2007

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for possession and
     6     use of asthma inhalers.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1414.1 of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949, added
    11  November 30, 2004 (P.L.1471, No.187), is amended to read:
    12     Section 1414.1.  Possession and Use of Asthma Inhalers.--(a)
    13  Each school entity shall develop a written policy to allow for
    14  the possession and self-administration by children of school age
    15  of an asthma inhaler, epinephrine auto-injector and the
    16  prescribed medication to be administered thereby in a school
    17  setting. A school setting shall include, but not be limited to,
    18  the pupil's school, school-sponsored transportation or any
    19  activity, event or program sponsored by or in which the pupil's


     1  school is participating.
     2     (b)  The policy under this section shall require a child of
     3  school age that desires to possess and self-administer an asthma
     4  inhaler or epinephrine auto-injector in a school setting to
     5  demonstrate the capability for self-administration and for
     6  responsible behavior in the use thereof and to notify the school
     7  nurse immediately following each use of an asthma inhaler or
     8  epinephrine auto-injector. The school entity shall develop a
     9  system whereby the child may verify to the school nurse that the
    10  child is capable of self-administration and has permission for
    11  carrying and taking the medication through the use of the asthma
    12  inhaler or epinephrine auto-injector. The school entity shall
    13  also restrict the availability of the asthma inhaler,
    14  epinephrine auto-injector and the prescribed medication
    15  contained therein from other children of school age, with
    16  immediate confiscation of [both] the asthma inhaler, epinephrine
    17  auto-injector and the medication and loss of privileges if the
    18  school policies are abused or ignored.
    19     (c)  The policy under this section may include the following:
    20     (1)  The requirement of a written statement from the
    21  physician, certified registered nurse practitioner or physician
    22  assistant that provides the name of the drug, the dose, the
    23  times when the medication is to be taken and the diagnosis or
    24  reason the medicine is needed unless the reason should remain
    25  confidential. The physician, certified registered nurse
    26  practitioner or physician assistant shall indicate the potential
    27  of any serious reaction that may occur to the medication, as
    28  well as any necessary emergency response. The physician,
    29  certified registered nurse practitioner or physician assistant
    30  shall state whether the child is qualified and able to self-
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     1  administer the medication.
     2     (2)  The requirement of a written request from the parent or
     3  guardian that the school entity comply with the order of the
     4  physician, certified registered nurse practitioner or physician
     5  assistant. The parent's note shall include a statement relieving
     6  the school entity or any school employe of any responsibility
     7  for the benefits or consequences of the prescribed medication
     8  when it is parent-authorized and acknowledging that the school
     9  entity bears no responsibility for ensuring that the medication
    10  is taken.
    11     (3)  The ability of the school entity to reserve the right to
    12  require a statement from the physician, certified registered
    13  nurse practitioner or physician assistant for the continued use
    14  of any medication beyond a specified time period. The school
    15  entity may also require updated prescription and parental
    16  approval on an annual basis from the pupil.
    17     (c.1)  A school district, nonpublic school, member of a
    18  school board, director or officer of a nonpublic school or
    19  employe of a school district or nonpublic school is not liable
    20  for damages in a civil action for injury, death or loss to
    21  person or property allegedly arising from a pupil being
    22  prohibited by an employe of the school or school district from
    23  using an inhaler or epinephrine auto-injector because of the
    24  employe's reasonable belief formed after a reasonable and
    25  ordinary inquiry that the conditions prescribed in subsection
    26  (c) had not been satisfied. A school district, nonpublic school,
    27  member of a school board, director or officer of a nonpublic
    28  school, or employe of a school district or nonpublic school is
    29  not liable for damages in a civil action for injury, death or
    30  loss to person or property allegedly arising from a pupil being
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     1  permitted by an employe of the school or school district to use
     2  an inhaler or epinephrine auto-injector because of the employe's
     3  reasonable belief formed after a reasonable and ordinary inquiry
     4  that the conditions prescribed in subsection (c) had been
     5  satisfied. This subsection does not eliminate, limit or reduce
     6  any other immunity or defense that a school district, member of
     7  a school board, director or employe of a school district may
     8  have under the law of this Commonwealth.
     9     (c.2)  A principal or other chief administrator who is aware
    10  that a pupil is in possession of an inhaler or epinephrine auto-
    11  injector pursuant to this section shall notify each of the
    12  pupil's classroom teachers of that fact and of the provisions of
    13  this section.
    14     (d)  As used in this section, "school entity" means a school
    15  district, intermediate unit or area vocational-technical school.
    16     Section 2.  This act shall take effect in 60 days.










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