PRINTER'S NO. 759
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
799
Session of
2023
INTRODUCED BY OTTEN, SANCHEZ, GIRAL, MADDEN, HOHENSTEIN, HILL-
EVANS, RABB, ISAACSON, KINSEY, FREEMAN, T. DAVIS, HANBIDGE,
CIRESI, GUENST, PROBST, BURGOS, KHAN, KRAJEWSKI, CEPEDA-
FREYTIZ, SAMUELSON, SHUSTERMAN, D. WILLIAMS, DELLOSO,
FIEDLER, KINKEAD, WARREN, O'MARA, MALAGARI, CURRY, GILLEN AND
MAYES, APRIL 3, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 3, 2023
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 menstrual hygiene products.
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. Menstrual Hygiene Products.--(a) Each school
serving any student in grades six through twelve shall make
menstrual hygiene products available at no cost in each bathroom
in the school building.
(b) The following menstrual hygiene products shall be made
available under subsection (a):
(1) A choice of at least two sizes or absorbencies of
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sanitary pads that are capable of absorbing at least five
milliliters of liquid.
(2) A choice of at least two sizes or absorbencies of
tampons that are capable of absorbing at least four milliliters
of liquid.
(c) ( 1) In order to facilitate the prompt implementation of
this section, regulations promulgated by the department shall be
deemed temporary regulations and shall expire no later than two
years following the publication of temporary regulations. The
department may promulgate temporary regulations not subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law .
(ii) Section 204(b) of the act of October 15, 1980 (P.L.950,
No.164), known as the "Commonwealth Attorneys Act."
(iii) The act of June 25, 1982 (P.L.633, No.181), known as
the "Regulatory Review Act."
(2) The authority provided to the department to adopt
temporary regulations under this subsection shall expire no
later than two years following the publication of temporary
regulations. Regulations adopted after this period shall be
promulgated as provided by law.
(d) As used in this section:
"Charter school" means a school established under Article
XVII-A.
"School" means a school within a school district, an
intermediate unit, an area career and technical school or a
charter school.
Section 2. This act shall take effect as follows:
(1) This section and the addition of section 1426(c) of
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the act shall take effect immediately.
(2) The remainder of this act shall take effect in 120
days.
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