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 may prescribe epinephrine
12auto-injectors in the name of the school entity or nonpublic
13school to be maintained for use pursuant to subsection (a).

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

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

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

27(f) (1) An epinephrine auto-injector from the school
28entity's or nonpublic school's supply of epinephrine auto-
29injectors that meets the prescription on file for the school
30entity or nonpublic school may be provided to and utilized by a

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

4(2) When a student does not have an epinephrine auto-
5injector or a prescription for an epinephrine auto-injector on
6file, a trained school employe may utilize the school entity's
7or nonpublic school's supply of epinephrine auto-injectors to
8respond to anaphylactic reaction under a standing protocol from
9a physician and as provided in this section.

10(f.1) In the event a student is believed to be having an
11anaphylactic reaction, the school nurse or an individual in the
12school who is responsible for the storage and use of epinephrine
13auto-injectors shall contact 911 as soon as possible.

14(g) At the request of a parent or legal guardian, a student
15shall be exempt from subsections (a), (f) and (h). The principal
16of the school in which the student is enrolled shall notify all
17parents or legal guardians of their ability to exempt their
18children from subsections (a), (f) and (h) by returning a signed
19opt-out form.

20(h) The provisions of 42 Pa.C.S. §§ 8332 (relating to
21emergency response provider and bystander good Samaritan civil
22immunity) and 8337.1 (relating to civil immunity of school
23officers or employees relating to emergency care, first aid and
24rescue) shall apply to a person who administers an epinephrine
25auto-injector pursuant to this section.

26(i) Administration of an epinephrine auto-injector under
27this section shall comply with section 504 of the Rehabilitation
28Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code
29Ch. 15 (relating to protected handicapped students).

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

1district, intermediate unit, charter school, cyber charter
2school, regional charter school or area vocational-technical
3school.

4Section 2. This act shall take effect in 60 days.