Regular Session 2023-2024 House Bill 1221 P.N. 1312

PRINTER'S NO. 1312

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1221

Session of

2023

INTRODUCED BY WARREN, SANCHEZ, HILL-EVANS, CIRESI, MADDEN,

BURGOS AND FLEMING, MAY 24, 2023

REFERRED TO COMMITTEE ON EDUCATION, MAY 24, 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, further

providing for possession and use of asthma inhalers and

epinephrine auto-injectors and providing for school

administration of adrenal insufficiency medication.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1414.1(a), (b), (d) and (f)(1) and (3) of

the act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, are amended to read:

Section 1414.1. Possession and Use of Asthma Inhalers [and],

Epinephrine Auto-Injectors and Adrenal Insufficiency

Medications.--(a) Each school entity shall develop a written

policy to allow for the possession and self-administration by

children of school age of asthma inhalers [and], epinephrine

auto-injectors and adrenal insufficiency medications, and the

prescribed medication to be administered thereby, in a school

setting. The policy shall comply with [section 504 of the

Rehabilitation Act of 1973 (Public Law 93-112,] 29 U.S.C. § 794

(relating to nondiscrimination under Federal grants and

programs) and 22 Pa. Code Ch. 15 (relating to protected

handicapped students). The policy shall be distributed with the

code of student conduct required under 22 Pa. Code § 12.3(c)

(relating to school rules) and made available on the school

entity's publicly accessible Internet website, if any.

(b) The policy under this section shall require a child of

school age that desires to possess and self-administer an asthma

inhaler [or], epinephrine auto-injector or adrenal insufficiency

medication in a school setting to demonstrate the capability for

self-administration and for responsible behavior in the use

thereof and to notify the school nurse immediately following

each use of an asthma inhaler [or], epinephrine auto-injector or

adrenal insufficiency medication. The school entity shall

develop a system whereby the child may demonstrate competency to

the school nurse that the child is capable of self-

administration and has permission for carrying and taking the

medication through the use of the asthma inhaler [or],

epinephrine auto-injector or adrenal insufficiency medication.

Determination of competency for self-administration shall be

based on age, cognitive function, maturity and demonstration of

responsible behavior. The school entity shall also restrict the

availability of the asthma inhaler, the epinephrine auto-

injector, the adrenal insufficiency medication and the

prescribed medication contained therein from other children of

school age. The policy shall specify conditions under which a

student may lose the privilege to self-carry the asthma inhaler,

the epinephrine auto-injector, the adrenal insufficiency

medication and the medication if the school policies are abused

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or ignored. A school entity that prevents a student from self-

carrying an asthma inhaler [or], epinephrine auto-injector or

adrenal insufficiency medication and the prescribed medication

shall ensure that they are appropriately stored at locations in

close proximity to the student prohibited from self-carrying and

notify the student's classroom teachers of the places where the

asthma inhaler [or], epinephrine auto-injector or adrenal

insufficiency medication and medication are to be stored and the

means to access them.

* * *

(d) [As used in this section, "school entity"] For purposes

of this section:

"Adrenal insufficiency medication" means a medication that

treats adrenal insufficiency.

"School entity" means a school district, intermediate unit,

charter school or area career and technical school.

* * *

(f) Within one hundred twenty (120) days of the effective

date of this subsection, the Department of Health in

coordination with the Department of Education shall provide

technical assistance and resources and publish information on

the Department of Health's publicly accessible Internet website

regarding the administration of medication for allergies and

adrenal insufficiency by persons employed by a school entity,

including the following:

(1) Proper use and administration of epinephrine devices and

adrenal insufficiency medications.

* * *

(3) Recognition of the symptoms of a severe allergic

reaction or adrenal crisis.

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* * *

Section 2. The act is amended by adding a section to read:

Section 1414.12. School Administration of Adrenal

Insufficiency Medication.--(a) A school entity or nonpublic

school may authorize a trained school employe to administer to a

student an adrenal insufficiency medication that the student's

parent or legal guardian has provided to the school employe

trained under subsection (c) for the school entity or nonpublic

school if the trained school employe believes in good faith that

the student is having an adrenal crisis.

(b) A school entity or nonpublic school that authorizes the

administration of adrenal insufficiency medication under this

section shall designate one or more school employes at each

school who shall be responsible for the storage and use of the

adrenal insufficiency medication.

use of adrenal insufficiency medication must successfully

complete a training program that shall be developed and

implemented by the Department of Health within ninety (90) days

of the effective date of this section.

(d) The student's adrenal insufficiency medication provided

to the school entity or nonpublic school by the student's parent

or legal guardian for storage may be utilized in either of the

following ways:

(1) Provided to a student by the trained school employe and

utilized by a student authorized to self-administer.

(2) Administered to a student by the trained school employe

authorized to administer adrenal insufficiency medication under

subsection (a).

(e) In the event a student is believed to be having an

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adrenal crisis, the school nurse or school employe trained under

subsection (c) shall contact local emergency services as soon as

possible.

(f) The provisions of 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) shall apply to a person authorized under this section to

administer an adrenal insufficiency medication.

(g) Administration of an adrenal insufficiency medication

under this section shall comply with 29 U.S.C. § 794 (relating

to nondiscrimination under Federal grants and programs) and 22

Pa. Code Ch. 15 (relating to protected handicapped students).

(h) For purposes of this section:

"Adrenal crisis" means a sudden, severe worsening of symptoms

associated with adrenal insufficiency, such as severe pain in

the lower back, abdomen or legs, vomiting, diarrhea,

dehydration, low blood pressure or loss of consciousness.

"Adrenal insufficiency" means a hormonal disorder that occurs

when the adrenal glands do not produce enough adrenal hormones.

"Adrenal insufficiency medication" means a medication that

treats adrenal insufficiency.

"Nonpublic school" shall have the same meaning as defined in

section 1502-M.

"School entity" means a school district, intermediate unit,

charter school, cyber charter school, regional charter school or

area career and technical school.

Section 3. This act shall take effect in 60 days.

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