PRINTER'S NO. 704
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
755
Session of
2023
INTRODUCED BY BONNER, GILLEN, JAMES, JOZWIAK, MOUL, SCIALABBA
AND ZIMMERMAN, MARCH 28, 2023
REFERRED TO COMMITTEE ON EDUCATION, MARCH 28, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for portable airway clearance devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1426. Portable Airway Clearance Devices.--(a)
Beginning with the school year 2023-2024 and each school year
thereafter, each school entity shall provide at least one
portable airway clearance device in each of the school entity's
cafeterias and in or outside of the office of the school nurse.
Each device shall be placed in an unlocked and easily accessible
location during the school day. The location of each device
shall have an appropriate identifying sign.
(b) Each school entity shall develop guidelines for the use
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of a portable airway clearance device which shall include a
requirement that, at a minimum, each school nurse employed by
the school entity and each employe of the school entity who is
assigned to work in the cafeteria while students are present as
part of the employe's duties receive training in airway
management and in the removal of an obstruction from the airway
using a portable airway clearance device. The guidelines shall:
(1) Require that all employes be notified of the location of
the devices.
(2) Require that instructions for use be stored with the
device.
(3) Require that the training be made available to any other
school employe who chooses to receive it. The training may be
included in an in-service program provided by the school entity
and may consist of watching a video.
(4) Be made available on the school entity's publicly
accessible Internet website.
(c) A school entity may seek Federal funding or other
sources of funding to comply with the requirements of this
section.
(d) Within sixty (60) days of the effective date of this
section, the Department of Education in consultation with the
Department of Health shall provide technical assistance and
resources and publish information on the Department of
Education's publicly accessible Internet website regarding the
use of a portable airway clearance device by an employe,
including:
(1) Proper use of a device.
(2) Recognition of the signs and symptoms of choking.
(3) Requirements for proper access and storage of a portable
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airway clearance device.
(4) Notification of appropriate persons following use of a
portable airway clearance device.
(e) Nothing in this section shall be construed to create,
establish or expand any civil liability on the part of any
school entity or school entity employe. The provisions of 42
Pa.C.S. ยงยง 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) shall apply to a school
entity employe who administers a portable airway clearance
device in a manner consistent with the guidelines adopted by the
school entity under subsection (b).
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Portable airway clearance device" or "device" means a
portable medical device that uses manually created suction to
remove a blockage from the airway during a choking emergency and
has been classified as a Class II non-powered suction apparatus
device under 21 CFR 878.4683 (relating to non-powered suction
apparatus device intended for negative pressure wound therapy).
"School entity" means a school district, intermediate unit,
area career and technical school, charter school, cyber charter
school or regional charter school.
Section 2. This act shall take effect immediately.
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