Pennsylvania HB 2117: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, further providing for definitions, for possession and use of asthma inhalers and epinephrine auto-injectors, for school access to emergency epinephrine and for administration of epinephrine auto-injectors by school bus drivers and school crossing guards.

Bill Text

PRIOR PRINTER'S NO. 2738 PRINTER'S NO. 3493
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2117
Session of
2026
INTRODUCED BY HILL-EVANS, WAXMAN, GUZMAN, GUENST, PROBST, KHAN,
BRENNAN, PARKER, MAYES, SANCHEZ, HOWARD, OTTEN, INGLIS,
CERRATO, MADDEN, CIRESI, CEPEDA-FREYTIZ, WARREN, PIELLI,
DALEY, SMITH-WADE-EL AND SHAFFER, JANUARY 7, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 2026
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 definitions, for possession and use of asthma
inhalers and epinephrine auto-injectors, for school access to
emergency epinephrine and for administration of epinephrine
auto-injectors by school bus drivers and school crossing
guards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1401 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding clauses to read:
Section 1401. Definitions.--As used in this article--
* * *
(17) "Epinephrine delivery system" means a device approved
by the United States Food and Drug Administration that contains
a premeasured dose of epinephrine and is used to administer
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epinephrine into the human body to prevent or treat a life-
threatening allergic reaction.
(18) "Short-acting asthma medication" means any medication
approved by the United States Food and Drug Administration,
including a beta-2 agonist or bronchodilator, used for the quick
relief of asthma symptoms, including:
(i) an orally inhaled medication that contains a premeasured
single dose of albuterol or albuterol sulfate delivered by a
nebulizer compressor device; and
(ii) a pressurized, metered-dose inhaler used to treat
asthma or respiratory distress, including wheezing, shortness of
breath and difficulty breathing.
Section 2. Sections 1414.1 heading, (a) and (b), 1414.2 and
1414.9 heading and (1) introductory paragraph of the act are
amended to read:
Section 1414.1. Possession and Use of [Asthma Inhalers]
Short-Acting Asthma Medications and Epinephrine [Auto-Injectors]
Delivery Systems.--(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]
short-acting asthma medications and epinephrine [auto-injectors]
delivery systems, 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) 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.
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(b) The policy under this section shall require a child of
school age that desires to possess and self-administer [an
asthma inhaler] a short-acting asthma medication or epinephrine
[auto-injector] delivery system 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] a
short-acting asthma medication or epinephrine [auto-injector]
delivery system. 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] short-acting asthma medication or
epinephrine [auto-injector] delivery system. 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] short-acting asthma medication, the
epinephrine [auto-injector] delivery system 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] short-
acting asthma medication, the epinephrine [auto-injector]
delivery system and the medication if the school policies are
abused or ignored. A school entity that prevents a student from
self-carrying [an asthma inhaler] a short-acting asthma
medication or epinephrine [auto-injector] delivery system and
the prescribed medication shall ensure that they are
appropriately stored at locations in close proximity to the
student prohibited fr