PRINTER'S NO. 3245
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2673
Session of
2022
INTRODUCED BY BONNER, BOBACK, HENNESSEY, HILL-EVANS, JAMES,
KULIK, McNEILL, MILLARD, NEILSON AND RYAN, JUNE 14, 2022
REFERRED TO COMMITTEE ON EDUCATION, JUNE 14, 2022
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, providing
for portable airway clearance devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1426. Portable Airway Clearance Devices.--(a)
Beginning with the school year 2022-2023 and each school year
thereafter, each school entity shall provide at least one
portable airway clearance device in the school entity's
cafeteria and in the office of the school nurse. Each device
shall be placed in an unlocked and easily accessible location
during the school day and any other time a school sponsored
event is taking place. The location of each device shall have an
appropriate identifying sign.
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(b) Each school entity shall develop a policy for the use of
a portable airway clearance device which shall include a
requirement that each professional employe employed by the
school entity receive training in airway management and in the
removal of an obstruction from the airway using a portable
airway clearance device. The policy shall be made available on
the school entity's publicly accessible Internet website.
(c) A school entity may seek Federal funding or other
sources of funding to comply with the requirements of this
section.
(d) Within sixty (60) days of the effective date of this
section, the Department of Education in consultation with the
Department of Health shall provide technical assistance,
resources and publish information on the Department of
Education's publicly accessible Internet website regarding the
use of a portable airway clearance device by a professional
employe, including:
(1) Proper use of a device.
(2) Recognition of the signs and symptoms of choking.
(3) Requirements for proper access and storage of a portable
airway clearance device.
(4) Notification of appropriate persons following use of a
portable airway clearance device.
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Portable airway clearance device" or "device" means a
portable medical device that uses manually created suction to
remove a blockage from the airway during a choking emergency and
has been classified as a Class II non-powered suction apparatus
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device under 21 CFR 878.4683 (relating to non-powered suction
apparatus device intended for negative pressure wound therapy).
"Professional employe" means as defined in section 1101(1).
"School entity" means a school district, intermediate unit,
area career and technical school, charter school, cyber charter
school or regional charter school.
Section 2. This act shall take effect immediately.
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