PRINTER'S NO. 971
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
959
Session of
2021
INTRODUCED BY R. BROWN, PICKETT, BURGOS, MILLARD, KAUFFMAN,
THOMAS, CIRESI, ZIMMERMAN, PASHINSKI AND GILLEN,
MARCH 18, 2021
REFERRED TO COMMITTEE ON EDUCATION, MARCH 18, 2021
AN ACT
Providing for school entity procedures for tick removal, for
notification and for duties of the Department of Health and
the Department of Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Lyme Disease
Prevention in Schools Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) In the last seven years, this Commonwealth ranked
highest in the country in the number of confirmed cases of
Lyme disease.
(2) In 2019, Pennsylvania reported 12,200 cases of Lyme
disease, which translates to 122,000 new cases and about 40%
of the nation's cases.
(3) The Department of Environmental Protection published
a study in 2015 that confirmed a high risk of Lyme disease in
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every county of this Commonwealth and found that all 67
counties had the blacklegged tick.
(4) Early clinical diagnosis and appropriate treatment
of tick-borne diseases can greatly reduce the risks of
continued, diverse and chronic symptoms that can affect every
system and organ of the human body and often every aspect of
an individual's life.
(5) Residents of this Commonwealth should be aware of
early disseminated and persistent Lyme disease symptoms and
should know that a negative test for Lyme disease cannot rule
out Lyme disease.
(6) The high burden of tick-borne diseases in this
Commonwealth requires an urgent and ongoing response.
Increasing education and prevention in a school setting is a
specific recommended strategy.
(7) With children representing the highest risk group,
schools are an accessible channel to quickly reduce exposures
and diagnose disease early.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Nonpublic school." As defined in section 922.1-A of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949.
"School entity." A public school operating within this
Commonwealth, including a charter school or cyber charter
school, intermediate unit or area career and technical school.
"School nurse." As defined in section 1401(8) of the Public
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School Code of 1949.
"School physician." As defined in section 1401(4) of the
Public School Code of 1949.
Section 4. Duties of school entities.
(a) General rule.--In the event a school nurse or school
physician discovers a tick on a student during the school day,
the school nurse or school physician:
(1) Shall remove the tick from the student.
(2) May store the tick appropriately for a period of up
to seven days, but a parent, guardian or an individual
authorized by the parent or guardian under paragraph (4)(iii)
(A) must pick up the tick within the seven-day time period.
(3) Shall label the tick with the date of removal and
the name of the student.
(4) Shall notify the parent or guardian of the student,
by telephone or e-mail and by letter addressed to the parent
or guardian that is delivered by the student, on the same day
the tick is discovered. The notice shall include the
following:
(i) The student's name.
(ii) The date of tick removal.
(iii) A statement that:
(A) The school is holding the tick for up to
seven days and the parent, guardian or an individual
authorized by the parent or guardian must pick up the
tick for testing for Lyme disease or other tick-borne
diseases.
(B) A list of options for tick testing in this
Commonwealth is available through the department's
publicly accessible Internet website.
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(b) Tick removal.--When removing a tick, a school nurse or
school physician shall act in accordance with guidelines issued
by the department.
(c) Unavailability of school nurse and school physician.--If
a tick is discovered by an employee of a school entity or
nonpublic school and a school nurse or school physician is not
available, the school entity or nonpublic school shall
immediately notify the parent or guardian that a tick has been
discovered on the student.
(d) Release of stored ticks.--
(1) Except as provided under paragraph (2), only a
school nurse or school physician may release a stored tick
under subsection (a)(2) within the seven-day period to the
student's parent, guardian or authorized individual.
(2) If a school nurse or school physician is unavailable
under paragraph (1), a school official may release a stored
tick with an additional form and signature as provided by the
department under section 5.
Section 5. Duties of department.
(a) Guidelines.--The department shall publish guidelines
consistent with section 4 on the department's publicly
accessible Internet website and, in consultation with the
Department of Education, provide the guidelines to school
entities.
(b) Tick testing options.--The department shall provide on
its publicly accessible Internet website a list of facilities in
this Commonwealth where tick testing is available and contact
information for the facilities.
Section 6. Regulations.
The department and the Department of Education shall
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promulgate regulations as necessary to carry out the provisions
of this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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