THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 2, 2009   

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," further providing for possession and

use of asthma inhalers and epinephrine auto-injectors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1414.1 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

November 30, 2004 (P.L.1471, No.187), is amended to read:

Section 1414.1.  Possession and Use of Asthma Inhalers and

Epinephrine Auto-Injectors.--(a)  Each school entity shall

develop a written policy to allow for the possession and self-

administration by children of school age of [an] asthma

[inhaler] inhalers and epinephrine auto-injectors, and the

prescribed medication to be administered thereby, in a school

setting[.], provided that a school entity shall have the right

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to prevent a student from self-carrying an epinephrine auto-

injector and the prescribed epinephrine medication if the

student is under ten (10) years of age. The policy shall comply

with section 504 of the Rehabilitation Act of 1973 (Public Law

93-112, 29 U.S.C. § 701 et seq.) 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 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. The school entity shall develop a

system whereby the child may [verify] demonstrate competency to

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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 

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epinephrine auto-injector. Determination of competency for self-

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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 and the prescribed

medication contained therein from other children of school age[,

with immediate confiscation of both]. The policy shall specify

conditions under which a student may lose the privilege to self-

carry the asthma inhaler, the epinephrine auto-injector and the

medication [and loss of privileges] if the school policies are

abused or ignored. A school entity that prevents a student from

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self-carrying an epinephrine auto-injector 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 epinephrine auto-injector and medication are to

be stored and means to access them.

(c)  The policy under this section may include the following:

(1)  The requirement of a written statement from the

physician, certified registered nurse practitioner or physician

assistant that provides the name of the drug, the dose, the

times when the medication is to be taken and the diagnosis or

reason the medicine is needed unless the reason should remain

confidential. The physician, certified registered nurse

practitioner or physician assistant shall indicate the potential

of any serious reaction that may occur to the medication, as

well as any necessary emergency response. The physician,

certified registered nurse practitioner or physician assistant

shall state whether the child is qualified and able to self-

administer the medication.

(2)  The requirement of a written request from the parent or

guardian that the school entity comply with the order of the

physician, certified registered nurse practitioner or physician

assistant. The parent's note shall include a statement relieving

the school entity or any school employe of any responsibility

for the benefits or consequences of the prescribed medication

when it is parent-authorized and acknowledging that the school

entity bears no responsibility for ensuring that the medication

is taken.

(3)  The ability of the school entity to reserve the right to

require a statement from the physician, certified registered

nurse practitioner or physician assistant for the continued use

of any medication beyond a specified time period. The school

entity may shall also require updated prescriptions and parental

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approvals on an annual basis from the pupil.

(4)  The school entity shall have the right to prevent a

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student from self-carrying an epinephrine auto-injector if the

student is under eleven (11) years of age.

(d)  As used in this section, "school entity" means a school

district, intermediate unit, charter school or area vocational-

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technical school.

(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 employe.

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

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date of this subsection, the Department of Health in

coordination with the Department of Education shall provide

technical assistance, resources and publish information on the

Department of Health's publicly accessible Internet website

regarding the administration of medication for allergies by

persons employed with a school entity, including the following:

(1)  Proper use of epinephrine devices.

(2)  The importance of following the entity's student

services plan required under 22 Pa. Code § 12.41 (relating to

student services) and its responsibilities to comply with

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)

and 22 Pa. Code Ch. 15.

(3)  Recognition of the symptoms of a severe allergic

reaction.

(4)  Requirements for proper access, storage and security of

student medications.

(5)  Notification of appropriate persons following

administration of medications.

(6)  Recordkeeping.

Section 2.  This act shall take effect in 60 90 days.

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