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| PRIOR PRINTER'S NO. 1596 | PRINTER'S NO. 2238 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. SMITH, BEYER, BRENNAN, BRIGGS, CAUSER, EACHUS, FABRIZIO, FRANKEL, FREEMAN, GEIST, GEORGE, GRUCELA, HELM, HENNESSEY, HESS, HORNAMAN, KAUFFMAN, M. KELLER, KORTZ, KULA, MANN, McILVAINE SMITH, MELIO, MILLARD, MILLER, MOUL, M. O'BRIEN, PALLONE, PASHINSKI, PAYTON, READSHAW, ROAE, ROHRER, SAYLOR, SEIP, SIPTROTH, K. SMITH, STEVENSON, SWANGER, WAGNER, YOUNGBLOOD, DENLINGER AND MURT, APRIL 22, 2009 |
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| AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2009 |
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| AN ACT |
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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," in school health services, further |
6 | providing for possession and use of asthma inhalers. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1414.1 of the act of March 10, 1949 |
10 | (P.L.30, No.14), known as the Public School Code of 1949, added |
11 | November 30, 2004 (P.L.1471, No.187), is amended to read: |
12 | Section 1414.1. Possession and Use of Asthma Inhalers and |
13 | Epinephrine Auto-injectors.--(a) Each school entity shall |
14 | develop a written policy to allow for the possession and self- |
15 | administration by children of school age of an asthma inhaler, |
16 | epinephrine auto-injector and the prescribed medication to be |
17 | administered thereby in a school setting. A school setting shall | <-- |
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1 | include, but not be limited to, the pupil's school, school- |
2 | sponsored transportation or any activity, event or program |
3 | sponsored by or in which the pupil's school is participating. | <-- |
4 | The policy shall comply with section 504 of the Rehabilitation | <-- |
5 | Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.), the |
6 | Individuals with Disabilities Education Act (Public Law 91-230, |
7 | 20 U.S.C. § 1400 et seq.) and 22 Pa. Code Ch. 15 (relating to |
8 | protected handicapped students). The policy shall be distributed |
9 | with the code of student conduct required under 22 Pa. Code § |
10 | 12.3(c) (relating to school rules) and made available on the |
11 | school entity's publicly accessible Internet website, if any. | <-- |
12 | (b) The policy under this section shall require a child of |
13 | school age that desires to possess and self-administer an asthma |
14 | inhaler or epinephrine auto-injector in a school setting to |
15 | demonstrate the capability for self-administration and for |
16 | responsible behavior in the use thereof and to notify the school |
17 | nurse immediately following each use of an asthma inhaler or |
18 | epinephrine auto-injector. The school entity shall develop a |
19 | system whereby the child may [verify] demonstrate competency to | <-- |
20 | the school nurse that the child is capable of self- |
21 | administration and has permission for carrying and taking the |
22 | medication through the use of the asthma inhaler or epinephrine |
23 | auto-injector. Determination of competency for self- | <-- |
24 | administration shall be based on the following factors: age, |
25 | cognitive function, maturity and demonstration of responsible |
26 | behavior. The school entity shall also restrict the availability |
27 | of the asthma inhaler, epinephrine auto-injector and the |
28 | prescribed medication contained therein from other children of |
29 | school age[, with immediate confiscation of [both]. The policy | <-- |
30 | shall specify conditions under which a student may lose the |
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1 | privilege to self-carry the asthma inhaler, epinephrine auto- |
2 | injector and the medication [and loss of privileges] if the | <-- |
3 | school policies are abused or ignored. A school entity that | <-- |
4 | prevents a student from self-carrying an epinephrine auto- |
5 | injector and the prescribed medication shall ensure that they |
6 | are appropriately stored at locations in close proximity to the |
7 | student prohibited from self-carrying and notify the student's |
8 | classroom teachers of the places where the epinephrine auto- |
9 | injector and medication are to be stored and means to access |
10 | them. |
11 | (c) The policy under this section may include the following: |
12 | (1) The requirement of a written statement from the |
13 | physician, certified registered nurse practitioner or physician |
14 | assistant that provides the name of the drug, the dose, the |
15 | times when the medication is to be taken and the diagnosis or |
16 | reason the medicine is needed unless the reason should remain |
17 | confidential. The physician, certified registered nurse |
18 | practitioner or physician assistant shall indicate the potential |
19 | of any serious reaction that may occur to the medication, as |
20 | well as any necessary emergency response. The physician, |
21 | certified registered nurse practitioner or physician assistant |
22 | shall state whether the child is qualified and able to self- |
23 | administer the medication. |
24 | (2) The requirement of a written request from the parent or |
25 | guardian that the school entity comply with the order of the |
26 | physician, certified registered nurse practitioner or physician |
27 | assistant. The parent's note shall include a statement relieving |
28 | the school entity or any school employe of any responsibility |
29 | for the benefits or consequences of the prescribed medication |
30 | when it is parent-authorized and acknowledging that the school |
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1 | entity bears no responsibility for ensuring that the medication |
2 | is taken. |
3 | (3) The ability of the school entity to reserve the right to |
4 | require a statement from the physician, certified registered |
5 | nurse practitioner or physician assistant for the continued use |
6 | of any medication beyond a specified time period. The school |
7 | entity may shall also require updated prescription and parental | <-- |
8 | approval on an annual basis from the pupil. |
9 | (c.1) (1) A school entity, member of a board of directors | <-- |
10 | or trustee of a school entity, administrator or employe of a |
11 | school entity is not liable for damages in a civil action for |
12 | injury, death or loss to person or property allegedly arising |
13 | from a pupil being prohibited by an employe of the school entity |
14 | from using an inhaler or epinephrine auto-injector because of |
15 | the employe's reasonable belief formed after a reasonable and |
16 | ordinary inquiry that the conditions addressed in the school |
17 | entity's policy required under subsection (a) had not been |
18 | satisfied. |
19 | (2) A school entity, member of a board of directors or |
20 | trustee of a school entity, administrator or employe of a school |
21 | entity is not liable for damages in a civil action for injury, |
22 | death or loss to person or property allegedly arising from a |
23 | pupil being permitted by an employe of the school entity to use |
24 | an inhaler or epinephrine auto-injector because of the employe's |
25 | reasonable belief formed after a reasonable and ordinary inquiry |
26 | that the conditions addressed in the school entity's policy |
27 | required under subsection (a) had been satisfied. |
28 | (3) This subsection shall not be construed to eliminate, |
29 | limit or reduce any other immunity or defense that a school |
30 | entity, member of a board of directors or trustee of a school |
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1 | entity, administrator or employe of a school entity may have |
2 | under the law of this Commonwealth. |
3 | (c.2) A principal or other chief administrator who is aware |
4 | that a pupil is in possession of an inhaler or epinephrine auto- |
5 | injector pursuant to this section shall notify each of the |
6 | pupil's classroom teachers of that fact and of the provisions of |
7 | this section. |
8 | (d) As used in this section, "school entity" means a school |
9 | district, intermediate unit [or], area vocational-technical |
10 | school or charter school. |
11 | (e) Nothing in this section shall be construed to create, | <-- |
12 | establish or expand any civil liability on the part of any |
13 | school entity or school employe. |
14 | (f) Within 120 days of the effective date of this |
15 | subsection, the Department of Education in coordination with the |
16 | Department of Health shall provide technical assistance and |
17 | resources and publish information on its publicly accessible |
18 | Internet website regarding the administration of medication for |
19 | allergies by persons employed with a school entity including the |
20 | following: |
21 | (1) proper use of epinephrine devices; |
22 | (2) the importance of following the district's student |
23 | services plan required under 22 Pa. Code § 12.41 (relating to |
24 | student services) and its responsibilities to comply with |
25 | section 504 of the Rehabilitation Act of 1973 (Public Law |
26 | 93-112, 29 U.S.C. § 794) and 22 Pa. Code Ch. 15; |
27 | (3) recognition of the symptoms of a severe allergic |
28 | reaction; |
29 | (4) requirements for proper access, storage and security of |
30 | student medications; |
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1 | (5) notification of appropriate persons following |
2 | administration of medications; and |
3 | (6) recordkeeping. |
4 | Section 2. This act shall take effect in 60 90 days. | <-- |
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