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 an
14educated school employe to <-perform any of the following in
15response to an anaphylactic reaction in a student:

16(1) <-provide Provide an epinephrine auto-injector that meets
17the prescription on file to a student who is authorized to self-
18administer an epinephrine auto-injector<-;.

19(2) <-administer Administer an epinephrine auto-injector that

1meets the prescription on file to a student who is authorized to
2self-administer an epinephrine auto-injector<-; and.

3(3) <-administer Administer an epinephrine auto-injector to a
4student <-who does not have a prescription for an epinephrine
5auto-injector on file that the employe in good faith believes to
6be having an anaphylactic reaction.

7(b) Notwithstanding section 11 of the act of April 14, 1972
8(P.L.233, No.64), known as "The Controlled Substance, Drug,
9Device and Cosmetic Act," a physician may prescribe epinephrine
10auto-injectors in the name of the school entity or nonpublic
11school to be maintained for use when necessary.

12(c) A school entity or nonpublic school <-shall may maintain
13at a school in a secure location a supply of epinephrine auto-
14injectors.

15(d) A school entity or nonpublic school that authorizes the
16provision of epinephrine auto-injectors under this section shall
17designate <-one two or more individuals at each school who shall
18be responsible for the storage and use of the epinephrine auto-
19injectors.

20(e) Individuals who are responsible for the storage and use
21of epinephrine auto-injectors must successfully complete <-a
22training program developed and implemented by the Department of
23Health.

24(f) (1) An epinephrine auto-injector from the school
25entity's or nonpublic school's supply of epinephrine auto-
26injectors that meets the prescription on file may be provided to
27and utilized by a student authorized to self-administer or by a
28trained school employe authorized to administer an epinephrine
29auto-injector to the student.

30(2) When a student does not have an epinephrine auto-

1injector or a prescription for an epinephrine auto-injector on
2file, a trained school employe may utilize the school entity's
3or nonpublic school's supply of epinephrine auto-injectors to
4respond to anaphylactic reaction under a standing protocol from
5a physician and as provided in this section.

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

1student's physician, physician's assistant or certified
2registered nurse practitioner.

3(2) When a trained school employe administers an epinephrine
4auto-injector to a student whom the employe in good faith
5believes is having an anaphylactic reaction, notwithstanding the
6lack of notice to the parent or guardian of the student or the
7absence of the parent's or guardian's signed statement
8acknowledging no liability, except for wilful and wanton
9misconduct, the school entity or nonpublic school and its
10employes and agents, including a physician providing standing
11protocol or prescription for school epinephrine auto-injectors,
12shall not be liable, except for wilful and wanton misconduct,
13for any injury arising from the use of an epinephrine auto-
14injector, regardless of whether authorization was given by the
15student's parent or guardian or by the student's physician,
16physician's assistant or certified registered nurse
17practitioner.

18(h) As used in this section, "school <-an education program.
19Within ninety (90) days of the effective date of this section,
20the department shall approve a list of educational program
21providers and update it as appropriate.

22(f) In response to an anaphylactic reaction in a student,
23the following apply:

24(1) Where a student who has a prescription for an
25epinephrine auto-injector on file is authorized to self-
26administer, the student's prescribed epinephrine auto-injector
27shall be either:

28(i) utilized by the student for self-administration in
29accordance with section 1414.1; or

30(ii) provided to and utilized by an educated school employe

1and administered to the student as provided under this section.

2(2) Where a student who has a prescription for an
3epinephrine auto-injector on file is authorized to self-
4administer, but does not possess or cannot access the
5epinephrine auto-injector at the time of the emergency, and the
6school entity or nonpublic school maintains a supply of
7epinephrine auto-injectors, an epinephrine auto-injector from
8the school entity's or nonpublic school's supply shall be
9either:

10(i) provided to the student for self-administration; or

11(ii) provided to an educated school employe and administered
12to the student as provided under this section.

13(3) Where a student does not have a prescription for an
14epinephrine auto-injector on file in a school entity or
15nonpublic school that maintains a supply of epinephrine auto-
16injectors, an epinephrine auto-injector from the school entity's
17or nonpublic school's supply shall be provided to an educated
18school employe and administered to the student by the educated
19school employe where appropriate under a standing protocol from
20a physician as provided in this section.

21(g) Following administration of emergency epinephrine,
22school personnel shall immediately notify the appropriate
23emergency medical services agency as defined in 35 Pa.C.S. Ch.
2481 (relating to emergency medical services system).

25(h) At the request of a parent or legal guardian, a student
26shall be exempt from subsections (a), (f) and (i). The principal
27of the school in which the student is enrolled shall notify all
28parents or legal guardians of their ability to exempt their
29children from subsections (a), (f) and (i) by returning a signed
30opt-out form. The department shall develop a standard opt-out

1form that shall be used by all school entities and nonpublic
2schools maintaining a supply of epinephrine auto-injectors.

3(i) The provisions of 42 Pa.C.S. §§ 8332 (relating to
4emergency response provider and bystander good Samaritan civil
5immunity) and 8337.1 (relating to civil immunity of school
6officers or employees relating to emergency care, first aid and
7rescue) shall apply to a person who administers an epinephrine
8auto-injector under this section.

9(j) Administration of an epinephrine auto-injector under
10this section shall comply with section 504 of the Rehabilitation
11Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code
12Ch. 15 (relating to protected handicapped students).

13(k) As used in this section, the following words and phrases
14shall have the meanings given to them in this subsection unless
15the context clearly indicates otherwise:

16"Department" means the Department of Health of the
17Commonwealth.

18"Educated school employe" means a school employe of a school
19district or nonpublic school who completes an education program
20under subsection (e).

21"School entity" means a school district, intermediate unit,
22charter school<-, cyber charter school, regional charter school or
23area vocational-technical school.

24Section 2. This act shall take effect in 60 days.