Pennsylvania HB 1043: 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

PRINTER'S NO. 1132
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1043
Session of
2025
INTRODUCED BY VENKAT, CERRATO, GIRAL, KOSIEROWSKI, MARCELL,
MIHALEK, SHAFFER, WARNER, MADDEN, HILL-EVANS, KHAN, CAUSER,
HANBIDGE, OTTEN, RIVERA, NEILSON, McANDREW, HOHENSTEIN,
SANCHEZ, D. WILLIAMS, CEPEDA-FREYTIZ AND STEELE,
MARCH 25, 2025
REFERRED TO COMMITTEE ON HEALTH, MARCH 25, 2025
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 a definition to read:
Section 1401. Definitions.--As used in this article--
* * *
(17) "Epinephrine delivery system" means a device approved
by the Federal 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.
Section 2. Sections 1414.1 heading, (a) and (b), 1414.2 and
1414.9 of the act are amended to read:
Section 1414.1. Possession and Use of Asthma Inhalers 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 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.
(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] 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 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 or epinephrine [auto-injector] delivery system.
Determination of competency for self-administration shall be
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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] 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, 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 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 from self-carrying and
notify the student's classroom teachers of the places where the
asthma inhaler or epinephrine [auto-injector] delivery system
and medication are to be stored and the means to access them.
* * *
Section 1414.2. School Access to Emergency Epinephrine.--(a)
Subject to subsection (g), a school entity or nonpublic school
may authorize a trained school employe to:
(1) provide an epinephrine [auto-injector] delivery system
that meets the prescription on file for either the individual
student or the school entity or nonpublic school to a student
who is authorized to self-administer an epinephrine [auto-
injector] delivery system;
(2) administer to a student an epinephrine [auto-injector]
delivery system that meets the prescription on file for either
the individual student or the school entity or nonpublic school;
and
(3) administer an epinephrine [auto-in