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
19prescription on file to a student who is authorized to self-

1administer an epinephrine auto-injector; and

2(3) administer an epinephrine auto-injector to a student
3that the employe in good faith believes to be having an
4anaphylactic reaction.

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

10(c) A school entity or nonpublic school shall maintain at a
11school in a secure location a supply of epinephrine auto-
12injectors.

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

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

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

28(2) When a student does not have an epinephrine auto-
29injector or a prescription for an epinephrine auto-injector on
30file, a trained school employe may utilize the school entity's

1or nonpublic school's supply of epinephrine auto-injectors to
2respond to anaphylactic reaction under a standing protocol from
3a physician and as provided in this section.

4(g) (1) A school entity or nonpublic school must inform the
5parent or guardian of a student, in writing, that the school
6entity or nonpublic school and its employes and agents,
7including a physician providing standing protocol or
8prescription for school epinephrine auto-injectors, shall not be
9liable, except for wilful and wanton misconduct, for any injury
10arising from the self-administration or use of an epinephrine
11auto-injector under this section, regardless of whether
12authorization was given by the student's parent or guardian or
13by the student's physician, physician's assistant or certified
14registered nurse practitioner. The parent or guardian of the
15student must sign a statement acknowledging that the school
16entity or nonpublic school and its employes and agents shall not
17be liable, except for wilful and wanton misconduct, for any
18injury arising from the self-administration or use of an
19epinephrine auto-injector under this section, regardless of
20whether authorization was given by the student's parent or
21guardian or by the student's physician, physician's assistant or
22certified registered nurse practitioner, and that the parents or
23guardians must indemnify and hold harmless the school entity or
24nonpublic school and its employes and agents against any claims,
25except a claim based on wilful and wanton misconduct, arising
26out of the self-administration or use of an epinephrine auto-
27injector under this section, regardless of whether authorization
28was given by the student's parent or guardian or by the
29student's physician, physician's assistant or certified
30registered nurse practitioner.

1(2) When a trained school employe administers an epinephrine
2auto-injector to a student whom the employe in good faith
3believes is having an anaphylactic reaction, notwithstanding the
4lack of notice to the parent or guardian of the student or the
5absence of the parent's or guardian's signed statement
6acknowledging no liability, except for wilful and wanton
7misconduct, the school entity or nonpublic school and its
8employes and agents, including a physician providing standing
9protocol or prescription for school epinephrine auto-injectors,
10shall not be liable, except for wilful and wanton misconduct,
11for any injury arising from the use of an epinephrine auto-
12injector, regardless of whether authorization was given by the
13student's parent or guardian or by the student's physician,
14physician's assistant or certified registered nurse
15practitioner.

16(h) As used in this section, "school entity" means a school
17district, intermediate unit, charter school or area vocational-
18technical school.

19Section 2. This act shall take effect in 60 days.