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| PRIOR PRINTER'S NO. 831 | PRINTER'S NO. 1076 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, PILEGGI, MELLOW, PICCOLA, DINNIMAN, ALLOWAY, BOSCOLA, BROWNE, BRUBAKER, EARLL, ERICKSON, FERLO, FOLMER, FONTANA, GREENLEAF, KITCHEN, LEACH, LOGAN, O'PAKE, PIPPY, RAFFERTY, STOUT, TOMLINSON, WARD, WASHINGTON, WAUGH, M. WHITE, WOZNIAK AND VANCE, APRIL 3, 2009 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 2, 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," further providing for possession and |
6 | use of asthma inhalers and epinephrine auto-injectors. |
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 |
16 | [inhaler] inhalers and epinephrine auto-injectors, and the |
17 | prescribed medication to be administered thereby, in a school |
18 | setting[.], provided that a school entity shall have the right | <-- |
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1 | to prevent a student from self-carrying an epinephrine auto- |
2 | injector and the prescribed epinephrine medication if the |
3 | student is under ten (10) years of age. The policy shall comply |
4 | with section 504 of the Rehabilitation Act of 1973 (Public Law |
5 | 93-112, 29 U.S.C. § 701 et seq.) and 22 Pa. Code Ch. 15 |
6 | (relating to protected handicapped students). The policy shall |
7 | be distributed with the code of student conduct required under |
8 | 22 Pa. Code § 12.3(c) (relating to school rules) and made |
9 | available on the school entity's publicly accessible Internet |
10 | website, if any. |
11 | (b) The policy under this section shall require a child of |
12 | school age that desires to possess and self-administer an asthma |
13 | inhaler or epinephrine auto-injector in a school setting to |
14 | demonstrate the capability for self-administration and for |
15 | responsible behavior in the use thereof and to notify the school |
16 | nurse immediately following each use of an asthma inhaler or |
17 | epinephrine auto-injector. The school entity shall develop a |
18 | system whereby the child may [verify] demonstrate competency to | <-- |
19 | the school nurse that the child is capable of self- |
20 | administration and has permission for carrying and taking the |
21 | medication through the use of the asthma inhaler[.] or | <-- |
22 | epinephrine auto-injector. Determination of competency for self- | <-- |
23 | administration shall be based on age, cognitive function, |
24 | maturity and demonstration of responsible behavior. The school |
25 | entity shall also restrict the availability of the asthma |
26 | inhaler, the epinephrine auto-injector and the prescribed |
27 | medication contained therein from other children of school age[, |
28 | with immediate confiscation of both]. The policy shall specify |
29 | conditions under which a student may lose the privilege to self- |
30 | carry the asthma inhaler, the epinephrine auto-injector and the |
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1 | medication [and loss of privileges] if the school policies are |
2 | abused or ignored. A school entity that prevents a student from | <-- |
3 | self-carrying an epinephrine auto-injector and the prescribed |
4 | medication shall ensure that they are appropriately stored at |
5 | locations in close proximity to the student prohibited from |
6 | self-carrying and notify the student's classroom teachers of the |
7 | places where the epinephrine auto-injector and medication are to |
8 | be stored and means to access them. |
9 | (c) The policy under this section may include the following: |
10 | (1) The requirement of a written statement from the |
11 | physician, certified registered nurse practitioner or physician |
12 | assistant that provides the name of the drug, the dose, the |
13 | times when the medication is to be taken and the diagnosis or |
14 | reason the medicine is needed unless the reason should remain |
15 | confidential. The physician, certified registered nurse |
16 | practitioner or physician assistant shall indicate the potential |
17 | of any serious reaction that may occur to the medication, as |
18 | well as any necessary emergency response. The physician, |
19 | certified registered nurse practitioner or physician assistant |
20 | shall state whether the child is qualified and able to self- |
21 | administer the medication. |
22 | (2) The requirement of a written request from the parent or |
23 | guardian that the school entity comply with the order of the |
24 | physician, certified registered nurse practitioner or physician |
25 | assistant. The parent's note shall include a statement relieving |
26 | the school entity or any school employe of any responsibility |
27 | for the benefits or consequences of the prescribed medication |
28 | when it is parent-authorized and acknowledging that the school |
29 | entity bears no responsibility for ensuring that the medication |
30 | is taken. |
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1 | (3) The ability of the school entity to reserve the right to |
2 | require a statement from the physician, certified registered |
3 | nurse practitioner or physician assistant for the continued use |
4 | of any medication beyond a specified time period. The school |
5 | entity may shall also require updated prescriptions and parental | <-- |
6 | approvals on an annual basis from the pupil. |
7 | (4) The school entity shall have the right to prevent a | <-- |
8 | student from self-carrying an epinephrine auto-injector if the |
9 | student is under eleven (11) years of age. |
10 | (d) As used in this section, "school entity" means a school |
11 | district, intermediate unit, charter school or area vocational- | <-- |
12 | technical school. |
13 | (e) Nothing in this section shall be construed to create, |
14 | establish or expand any civil liability on the part of any |
15 | school entity or school employe. |
16 | (f) Within one hundred twenty (120) days of the effective | <-- |
17 | date of this subsection, the Department of Health in |
18 | coordination with the Department of Education shall provide |
19 | technical assistance, resources and publish information on the |
20 | Department of Health's publicly accessible Internet website |
21 | regarding the administration of medication for allergies by |
22 | persons employed with a school entity, including the following: |
23 | (1) Proper use of epinephrine devices. |
24 | (2) The importance of following the entity's student |
25 | services plan required under 22 Pa. Code § 12.41 (relating to |
26 | student services) and its responsibilities to comply with |
27 | section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) |
28 | and 22 Pa. Code Ch. 15. |
29 | (3) Recognition of the symptoms of a severe allergic |
30 | reaction. |
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1 | (4) Requirements for proper access, storage and security of |
2 | student medications. |
3 | (5) Notification of appropriate persons following |
4 | administration of medications. |
5 | (6) Recordkeeping. |
6 | Section 2. This act shall take effect in 60 90 days. | <-- |
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