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, YOUNGBLOOD, DENLINGER, MURT AND LENTZ, APRIL 22, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 17, 2010   

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[.] and in compliance

with the service agreement required by section 504 of the

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Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794)

and 22 Pa. Code Ch. 15 (relating to protected handicapped

students). The policy shall comply with section 504 of the

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

et seq.), the Individuals with Disabilities Education Act

(Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa. Code

Ch. 15 (relating to protected handicapped students). The policy

shall be distributed with the code of student conduct required

under 22 Pa. Code § 12.3(c) (relating to school rules) and made

available on the school entity's publicly accessible Internet

website, if any. 

(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] demonstrate competency 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. Determination of competency for self-

administration shall be based on the following factors: age,

cognitive function, maturity and demonstration of responsible

behavior. 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 policy

shall specify conditions under which a student may lose the

privilege to self-carry the asthma inhaler, epinephrine auto-

injector and the medication [and loss of privileges] if the

school policies are abused or ignored. A school entity that

prevents a student from self-carrying an asthma inhaler or

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epinephrine auto-injector and the prescribed medication shall

ensure that they are appropriately stored at locations in close

proximity to the student prohibited from self-carrying and

notify the student's classroom teachers of the places where the 

asthma inhaler or epinephrine auto-injector and medication are

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to be stored and means to access them.

(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 shall also require updated prescription and parental

approval on an annual basis from the pupil.

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

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

school or charter school.

(e)  Nothing in this section shall be construed to create,

establish or expand any civil liability on the part of any

school entity or school employe.

(f)  Within 120 days of the effective date of this

subsection, the Department of Education Health in coordination

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with the Department of Health Education shall provide technical

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assistance and resources and publish information on its publicly

accessible Internet website regarding the administration of

medication for allergies by persons employed with a school

entity including the following:

(1)  proper use of epinephrine devices;

(2)  the importance of following the district's entity's 

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student services plan required under 22 Pa. Code § 12.41

(relating to student services) and its responsibilities to

comply with section 504 of the Rehabilitation Act of 1973

(Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code Ch. 15;

(3)  recognition of the symptoms of a severe allergic

reaction;

(4)  requirements for proper access, storage and security of

student medications;

(5)  notification of appropriate persons following

administration of medications; and

(6)  recordkeeping.

Section 2.  This act shall take effect in 90 days.