THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. SMITH, BEYER, BRENNAN, BRIGGS, CAUSER, EACHUS, FABRIZIO, FRANKEL, FREEMAN, GEIST, GEORGE, GRUCELA, HELM, HENNESSEY, HESS, HORNAMAN, KAUFFMAN, M. KELLER, KORTZ, KULA, MANN, McILVAINE SMITH, MELIO, MILLARD, MILLER, MOUL, M. O'BRIEN, PALLONE, PASHINSKI, PAYTON, READSHAW, ROAE, ROHRER, SAYLOR, SEIP, SIPTROTH, K. SMITH, STEVENSON, SWANGER, WAGNER AND YOUNGBLOOD, APRIL 22, 2009

REFERRED TO COMMITTEE ON EDUCATION, APRIL 22, 2009  

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, further

providing for possession and use of asthma inhalers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1414.1 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

November 30, 2004 (P.L.1471, No.187), is amended to read:

Section 1414.1.  Possession and Use of Asthma Inhalers and

Epinephrine Auto-injectors.--(a)  Each school entity shall

develop a written policy to allow for the possession and self-

administration by children of school age of an asthma inhaler,

epinephrine auto-injector and the prescribed medication to be

administered thereby in a school setting. A school setting shall

include, but not be limited to, the pupil's school, school-

sponsored transportation or any activity, event or program

sponsored by or in which the pupil's school is participating.

(b)  The policy under this section shall require a child of

school age that desires to possess and self-administer an asthma

inhaler or epinephrine auto-injector in a school setting to

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 an asthma inhaler or

epinephrine auto-injector. The school entity shall develop a

system whereby the child may verify to the school nurse that the

child is capable of self-administration and has permission for

carrying and taking the medication through the use of the asthma

inhaler or epinephrine auto-injector. The school entity shall

also restrict the availability of the asthma inhaler,

epinephrine auto-injector and the prescribed medication

contained therein from other children of school age, with

immediate confiscation of [both] the asthma inhaler, epinephrine

auto-injector and the medication and loss of privileges if the

school policies are abused or ignored.

(c)  The policy under this section may include the following:

(1)  The requirement of 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 medication 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 to the medication, as

well as 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 medication.

(2)  The requirement of a written request from the parent or

guardian that the school entity comply with the order of the

physician, certified registered nurse practitioner or physician

assistant. The parent's note shall include a statement 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 and acknowledging that the school

entity bears no responsibility for ensuring that the medication

is taken.

(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 any medication beyond a specified time period. The school

entity may also require updated prescription and parental

approval on an annual basis from the pupil.

(c.1)  (1)  A school entity, member of a board of directors

or trustee of a school entity, administrator or employe of a

school entity is not liable for damages in a civil action for

injury, death or loss to person or property allegedly arising

from a pupil being prohibited by an employe of the school entity 

from using an inhaler or epinephrine auto-injector because of

the employe's reasonable belief formed after a reasonable and

ordinary inquiry that the conditions addressed in the school

entity's policy required under subsection (a) had not been

satisfied.

(2)  A school entity, member of a board of directors or

trustee of a school entity, administrator or employe of a school

entity is not liable for damages in a civil action for injury,

death or loss to person or property allegedly arising from a

pupil being permitted by an employe of the school entity to use

an inhaler or epinephrine auto-injector because of the employe's

reasonable belief formed after a reasonable and ordinary inquiry

that the conditions addressed in the school entity's policy

required under subsection (a) had been satisfied.

(3)  This subsection shall not be construed to eliminate,

limit or reduce any other immunity or defense that a school

entity, member of a board of directors or trustee of a school

entity, administrator or employe of a school entity may have

under the law of this Commonwealth.

(c.2)  A principal or other chief administrator who is aware

that a pupil is in possession of an inhaler or epinephrine auto-

injector pursuant to this section shall notify each of the

pupil's classroom teachers of that fact and of the provisions of

this section.

(d)  As used in this section, "school entity" means a school

district, intermediate unit [or], area vocational-technical

school or charter school.

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