AN ACT

 

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

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 1414.2. School Access to Emergency Epinephrine.--(a)
13A school entity or nonpublic school may authorize a trained
14school employe to:

15(1) provide an epinephrine auto-injector that meets the
16prescription on file to a student who is authorized to self-
17administer an epinephrine auto-injector;

18(2) administer an epinephrine auto-injector that meets the

1prescription on file to a student who is authorized to self-
2administer an epinephrine auto-injector; and

3(3) administer an epinephrine auto-injector to a student 
4that the employe in good faith believes to be having an 
5anaphylactic reaction.

6(b) Notwithstanding section 11 of the act of April 14, 1972
7(P.L.233, No.64), known as "The Controlled Substance, Drug,
8Device and Cosmetic Act," a physician may prescribe epinephrine
9auto-injectors in the name of the school entity or nonpublic
10school to be maintained for use when necessary.

11(c) A school entity or nonpublic school may maintain at a
12school in a locked, secure location a supply of epinephrine
13auto-injectors.

14(d) A school entity or nonpublic school that authorizes the
15provision of epinephrine auto-injectors under this section shall
16designate one or more individuals at each school who shall be
17responsible for the storage and use of the epinephrine auto-
18injectors.

19(e) Individuals who are responsible for the storage and use
20of epinephrine auto-injectors must successfully complete a
21training program developed and implemented by the Department of
22Health.

23(f) (1) An epinephrine auto-injector from the school
24entity's or nonpublic school's supply of epinephrine auto-
25injectors that meets the prescription on file may be provided to
26and utilized by a student authorized to self-administer or by a
27trained school employe authorized to administer an epinephrine
28auto-injector to the student.

29(2) When a student does not have an epinephrine auto-
30injector or a prescription for an epinephrine auto-injector on

1file, a trained school employe may utilize the school entity's
2or nonpublic school's supply of epinephrine auto-injectors to
3respond to anaphylactic reaction under a standing protocol from
4a physician and as provided in this section.

5(g) (1) A school entity or nonpublic school must inform the
6parent or guardian of a student, in writing, that the school
7entity or nonpublic school and its employes and agents,
8including a physician providing standing protocol or
9prescription for school epinephrine auto-injectors, are to incur
10no liability, except for wilful and wanton misconduct, as a
11result of any injury arising from the self-administration or use
12of an epinephrine auto-injector under this section, regardless
13of whether authorization was given by the student's parent or
14guardian or by the student's physician, physician's assistant or
15certified registered nurse practitioner. The parent or guardian
16of the student must sign a statement acknowledging that the
17school entity or nonpublic school and its employes and agents
18are to incur no liability, except for wilful and wanton
19misconduct, as a result of any injury arising from the self-
20administration or use of an epinephrine auto-injector under this
21section, regardless of whether authorization was given by the
22student's parent or guardian or by the student's physician,
23physician's assistant or certified registered nurse
24practitioner, and that the parents or guardians must indemnify
25and hold harmless the school entity or nonpublic school and its
26employes and agents against any claims, except a claim based on
27wilful and wanton misconduct, arising out of the self-
28administration or use of an epinephrine auto-injector under this
29section, regardless of whether authorization was given by the
30student's parent or guardian or by the student's physician,

1physician's assistant or certified registered nurse
2practitioner.

3(2) When a trained school employe administers an epinephrine
4auto-injector to a student whom the employe in good faith
5believes is having an anaphylactic reaction, notwithstanding the
6lack of notice to the parent or guardian of the student or the
7absence of the parent's or guardian's signed statement
8acknowledging no liability, except for wilful and wanton
9misconduct, the school entity or nonpublic school and its
10employes and agents, including a physician providing standing
11protocol or prescription for school epinephrine auto-injectors,
12are to incur no liability, except for wilful and wanton
13misconduct, as a result of any injury arising from the use of an
14epinephrine auto-injector, regardless of whether authorization
15was given by the student's parent or guardian or by the
16student's physician, physician's assistant or certified
17registered nurse practitioner.

18(h) As used in this section, "school entity" means a school
19district, intermediate unit, charter school or area vocational-
20technical school.

21Section 2. This act shall take effect in 60 days.