PRIOR PRINTER'S NO. 2293 PRINTER'S NO. 3980
No. 1862 Session of 1999
INTRODUCED BY L. I. COHEN, ADOLPH, COLAFELLA, CURRY, DAILEY,
DERMODY, FARGO, FICHTER, FRANKEL, GEIST, GEORGE, GRUCELA,
HENNESSEY, LEDERER, McNAUGHTON, READSHAW, RUBLEY, SATHER,
SCHRODER, SHANER, B. SMITH, STABACK, STERN, STEVENSON,
E. Z. TAYLOR, TRELLO, WILLIAMS, WOJNAROSKI, YOUNGBLOOD,
MELIO, RAMOS, STEELMAN, SAYLOR AND YUDICHAK,
SEPTEMBER 27, 1999
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2000
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," directing school districts to
6 establish policies regarding student possession and self-
7 administration of certain asthma medications.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1401 of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949, added
12 July 15, 1957 (P.L.937, No.404), is amended by adding a
13 definition to read:
14 Section 1401. Definitions.--As used in this article--
15 * * *
16 (12) "Asthma inhaler" means a physician-prescribed device
17 used for self-administration of physician-prescribed medication
1 to treat asthma.
2 Section 2. The act is amended by adding a section to read:
3 Section 1414.1. Possession and Use of Asthma Inhalers.--
4 Every school district and area vocational-technical school shall
5 develop a written policy to allow for the possession and self-
6 administration by a school student of an asthma inhaler and the
7 prescribed medication to be administered thereby in a school
8 setting. Such policy shall MAY include, but not be limited to, <--
9 the following:
10 (1) The requirement of a written statement from the
11 physician that provides the name of the drug, the dose, the
12 times when the medication is to be taken, and the diagnosis or
13 reason the medicine is needed, unless the reason should remain
14 confidential. The physician shall indicate the potential of any
15 serious reaction that may occur to the medication, as well as
16 any necessary emergency response. The physician shall state
17 whether the child is qualified and able to self-administer the
18 medication.
19 (2) The requirement of a written request from the parent or
20 guardian that the school district comply with the physician's
21 order. The parent's note shall include a statement relieving the
22 school OR ANY SCHOOL EMPLOYE of any responsibility for the <--
23 benefits or consequences of the medication when it is parent-
24 authorized and physician-prescribed and acknowledging that the
25 school bears no responsibility for ensuring that the medication
26 is taken.
27 (3) The ability of the school to reserve the right to
28 require a physician statement for the continued use of any
29 medication beyond a specified time period. The school shall also
30 restrict the availability of the asthma inhaler and the
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1 prescribed medication contained therein from other students,
2 with immediate confiscation of both the asthma inhaler and the
3 medication and loss of privileges if the school policies are
4 abused or ignored.
5 (4) A requirement that a student demonstrate the capability
6 for self-administration and for responsible behavior. The school
7 shall develop a system whereby the student may verify to any <--
8 inquiring school personnel that the student has school
9 permission for carrying and taking the medication through use of
10 the asthma inhaler. WILL VERIFY TO THE CERTIFIED SCHOOL NURSE <--
11 THAT THE STUDENT IS CAPABLE OF SELF-ADMINISTRATION AND HAS
12 PERMISSION FOR CARRYING AND TAKING THE MEDICATION THROUGH THE
13 USE OF THE ASTHMA INHALER.
14 Section 3. This act shall take effect in 60 days.
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