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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: December 1, 2016 03:55 PM
From: Representative Justin J. Simmons
To: All House members
Subject: Epi-Pens on School Buses
In the near future I will be re-introducing 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. Last session, this legislation, formerly HB 423, was unanimously supported by the House.

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.

Thank you for your consideration. If you have any questions, please contact my Harrisburg office at (717) 783-1673 or email at lnissly@pahousegop.com.

Introduced as HB224