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)
13Subject to subsection (g), a school entity or nonpublic school
14may authorize a trained school employe to:

15(1) provide an epinephrine auto-injector that meets the
16prescription on file for either the individual student or the 
17school entity or nonpublic school to a student who is authorized

1to self-administer an epinephrine auto-injector;

2(2) administer to a student an epinephrine auto-injector
3that meets the prescription on file for either the individual
4student or the school entity or nonpublic school; and

5(3) administer an epinephrine auto-injector that meets the 
6prescription on file for the school entity or nonpublic school 
7to a student that the employe in good faith believes to be 
8having an anaphylactic reaction.

9(b) Notwithstanding section 11 of the act of April 14, 1972
10(P.L.233, No.64), known as "The Controlled Substance, Drug,
11Device and Cosmetic Act," a physician <-or certified registered
12nurse practitioner may prescribe epinephrine auto-injectors in
13the name of the school entity or nonpublic school to be
14maintained for use pursuant to subsection (a).

15(c) A school entity or nonpublic school may maintain at a
16school in a locked <-safe, secure location a supply of epinephrine
17auto-injectors.

18(d) A school entity or nonpublic school that authorizes the
19provision of epinephrine auto-injectors under this section shall
20designate one or more individuals at each school who shall be
21responsible for the storage and use of the epinephrine auto-
22injectors.

23(e) Individuals who are responsible for the storage and use
24of epinephrine auto-injectors must successfully complete a
25training program that shall be developed and implemented by the
26Department of Health within ninety (90) days of the effective 
27date of this section.

28(f) (1) An epinephrine auto-injector from the school
29entity's or nonpublic school's supply of epinephrine auto-
30injectors that meets the prescription on file for the school

1entity or nonpublic school may be provided to and utilized by a
2student authorized to self-administer or may be administered by
3a trained school employe authorized to administer an epinephrine
4auto-injector to a student pursuant to subsection (a).

5(2) When a student does not have an epinephrine auto-
6injector or a prescription for an epinephrine auto-injector on
7file, a trained school employe may utilize the school entity's
8or nonpublic school's supply of epinephrine auto-injectors to
9respond to anaphylactic reaction under a standing protocol from
10a physician <-or certified registered nurse practitioner and as
11provided in this section.

12(f.1) In the event a student is believed to be having an
13anaphylactic reaction, the school nurse or an individual in the
14school who is responsible for the storage and use of epinephrine
15auto-injectors shall contact 911 as soon as possible.

16(g) At the request of a parent or legal guardian, a student
17shall be exempt from subsections (a), (f) and (h). The principal
18of the school in which the student is enrolled shall notify all
19parents or legal guardians of their ability to exempt their
20children from subsections (a), (f) and (h) by returning a signed
21opt-out form.

22(h) The provisions of 42 Pa.C.S. §§ 8332 (relating to
23emergency response provider and bystander good Samaritan civil
24immunity) and 8337.1 (relating to civil immunity of school
25officers or employees relating to emergency care, first aid and
26rescue) shall apply to a person who administers an epinephrine
27auto-injector pursuant to this section.

28(i) Administration of an epinephrine auto-injector under
29this section shall comply with section 504 of the Rehabilitation
30Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code

1Ch. 15 (relating to protected handicapped students).

2(j) As used in this section, "school entity" means a school
3district, intermediate unit, charter school, cyber charter
4school, regional charter school or area vocational-technical
5school.

6Section 2. This act shall take effect in 60 days.