AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in school health services, providing
6for school access to emergency epinephrine.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 1414.2. School Access to Emergency Epinephrine.--(a)
<-13A Subject to subsection (g), a school entity or nonpublic school
14may authorize a trained school employe to:

15(1) provide an epinephrine auto-injector that meets the
16prescription on file <-for either the individual student or the 
17school entity or nonpublic school to a student who is authorized

1to self-administer an epinephrine auto-injector;

2(2) administer <-to a student an epinephrine auto-injector
3that meets the prescription on file<- to a student who is
4authorized to self-administer an epinephrine auto-injector <-for
5either the individual student or the school entity or nonpublic
6school; and

7(3) administer an epinephrine auto-injector <-that meets the 
8prescription on file for the school entity or nonpublic school 
9to a student that the employe in good faith believes to be 
10having an anaphylactic reaction.

11(b) Notwithstanding section 11 of the act of April 14, 1972
12(P.L.233, No.64), known as "The Controlled Substance, Drug,
13Device and Cosmetic Act," a physician may prescribe epinephrine
14auto-injectors in the name of the school entity or nonpublic
15school to be maintained for use<- when necessary pursuant to
16subsection (a).

17(c) A school entity or nonpublic school may maintain at a
18school in a locked, secure location a supply of epinephrine
19auto-injectors.

20(d) A school entity or nonpublic school that authorizes the
21provision of epinephrine auto-injectors under this section shall
22designate one or more individuals at each school who shall be
23responsible for the storage and use of the epinephrine auto-
24injectors.

25(e) Individuals who are responsible for the storage and use
26of epinephrine auto-injectors must successfully complete a
27training program <-that shall be developed and implemented by the
28Department of Health <-within ninety (90) days of the effective 
29date of this section.

30(f) (1) An epinephrine auto-injector from the school

1entity's or nonpublic school's supply of epinephrine auto-
2injectors that meets the prescription on file <-for the school
3entity or nonpublic school may be provided to and utilized by a
4student authorized to self-administer or <-may be administered by
5a trained school employe authorized to administer an epinephrine
6auto-injector to the a student <-pursuant to subsection (a).

7(2) When a student does not have an epinephrine auto-
8injector or a prescription for an epinephrine auto-injector on
9file, a trained school employe may utilize the school entity's
10or nonpublic school's supply of epinephrine auto-injectors to
11respond to anaphylactic reaction under a standing protocol from
12a physician and as provided in this section.

<-13(f.1) In the event a student is believed to be having an
14anaphylactic reaction, the school nurse or an individual in the
15school who is responsible for the storage and use of epinephrine
16auto-injectors shall contact 911 as soon as possible.

17(g) <-(1) A school entity or nonpublic school must inform the
18parent or guardian of a student, in writing, that the school
19entity or nonpublic school and its employes and agents,
20including a physician providing standing protocol or
21prescription for school epinephrine auto-injectors, are to incur
22no liability, except for wilful and wanton misconduct, as a
23result of any injury arising from the self-administration or use
24of an epinephrine auto-injector under this section, regardless
25of whether authorization was given by the student's parent or
26guardian or by the student's physician, physician's assistant or
27certified registered nurse practitioner. The parent or guardian
28of the student must sign a statement acknowledging that the
29school entity or nonpublic school and its employes and agents
30are to incur no liability, except for wilful and wanton

1misconduct, as a result of any injury arising from the self-
2administration or use of an epinephrine auto-injector under this
3section, regardless of whether authorization was given by the
4student's parent or guardian or by the student's physician,
5physician's assistant or certified registered nurse
6practitioner, and that the parents or guardians must indemnify
7and hold harmless the school entity or nonpublic school and its
8employes and agents against any claims, except a claim based on
9wilful and wanton misconduct, arising out of the self-
10administration or use of an epinephrine auto-injector under this
11section, regardless of whether authorization was given by the
12student's parent or guardian or by the student's physician,
13physician's assistant or certified registered nurse
14practitioner.

15(2) When a trained school employe administers an epinephrine
16auto-injector to a student whom the employe in good faith
17believes is having an anaphylactic reaction, notwithstanding the
18lack of notice to the parent or guardian of the student or the
19absence of the parent's or guardian's signed statement
20acknowledging no liability, except for wilful and wanton
21misconduct, the school entity or nonpublic school and its
22employes and agents, including a physician providing standing
23protocol or prescription for school epinephrine auto-injectors,
24are to incur no liability, except for wilful and wanton
25misconduct, as a result of any injury arising from the use of an
26epinephrine auto-injector, regardless of whether authorization
27was given by the student's parent or guardian or by the
28student's physician, physician's assistant or certified
29registered nurse practitioner. <-At the request of a parent or
30legal guardian, a student shall be exempt from subsections (a),

1(f) and (h). The principal of the school in which the student is
2enrolled shall notify all parents or legal guardians of their
3ability to exempt their children from subsections (a), (f) and
4(h) by returning a signed opt-out form.

5(h) The provisions of 42 Pa.C.S. §§ 8332 (relating to
6emergency response provider and bystander good Samaritan civil
7immunity) and 8337.1 (relating to civil immunity of school
8officers or employees relating to emergency care, first aid and
9rescue) shall apply to a person who administers an epinephrine
10auto-injector pursuant to this section.

11(i) Administration of an epinephrine auto-injector under
12this section shall comply with section 504 of the Rehabilitation
13Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code
14Ch. 15 (relating to protected handicapped students).

15(h) <-(j) As used in this section, "school entity" means a
16school district, intermediate unit, charter school<-, cyber
17charter school, regional charter school or area vocational-
18technical school.

19Section 2. This act shall take effect in 60 days.