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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: January 29, 2014 02:28 PM
From: Representative Justin J. Simmons
To: All House members
Subject: Epi-Pens on School Buses
In the near future I will introduce legislation that will apply good Samaritan civil immunity to school bus drivers who administer epinephrine auto-injectors (“epi-pens”) to students, provided that the school bus driver complies with employer and school district policy and completes necessary training.

Some school districts and school bus companies currently permit their drivers to administer epi-pens to student passengers who experience an allergic reaction. However, school bus drivers may be reluctant to administer this treatment due to fear of legal liability. My legislation aims to help more children suffering from allergies to receive the benefit of this emergency treatment by granting good Samaritan civil immunity to school bus drivers who administer epi-pens. Under my bill, a driver is eligible for civil immunity so long as the driver complies with employer and school district policy and is adequately trained.

Specifically, my legislation provides that 42 Pa.C.S. §§ 8332 (relating to emergency response provider and bystander good Samaritan civil immunity) and 8337.1 (relating to civil immunity of school officers or employees relating to emergency care, first aid and rescue) will apply to a school bus driver when all of the following apply:
  1. The school bus driver administers an epi-pen to a student in a manner consistent with the policies established by the school bus company or school district; and
  2. The school bus driver has successfully completed a training program, which the Department of Health must develop and implement within 90 days of the effective date of the new provisions.
If you have any questions regarding this legislation, please contact Lori Nissly at (717) 783-1673 or at lnissly@pahousegop.com. Thank you for your consideration.

View Attachment

Introduced as HB2049