Pennsylvania SB 402: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for administration of emergency anti-seizure medication.

Bill Text

PRIOR PRINTER'S NO. 349 PRINTER'S NO. 1529
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 402
Session of
2025
INTRODUCED BY ARGALL, J. WARD, DUSH, MASTRIANO, FARRY, KANE,
COSTA AND SCHWANK, MARCH 6, 2025
SENATOR CULVER, EDUCATION, AS AMENDED, MARCH 23, 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," providing for administration of
emergency anti-seizure medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIV-C
ADMINISTRATION OF EMERGENCY
ANTI-SEIZURE MEDICATION
Section 1401-C. Scope of article.
This article relates to the administration of emergency anti-
seizure medication.
Section 1402-C. Legislative findings and intent.
The General Assembly finds and declares that:
(1) It is the policy of this Commonwealth to promote the
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health, safety and general welfare of the people by
establishing voluntary medical training to treat students
with diabetes who are suffering from severe hypoglycemia.
(2) It is the policy of this Commonwealth to promote the
health, safety and general welfare of the people by
permitting a school district or charter school participation
in a program to provide, in the absence of a school nurse or
other licensed nurse onsite at the school or charter school,
emergency medical assistance to students with epilepsy
suffering from seizures.
(3) In order to meet that goal, it is the intent of the
General Assembly that licensed health care professionals
train and supervise employees of school districts and charter
schools to administer an emergency anti-seizure medication to
children with epilepsy in public schools. The American
Academy of Pediatrics and the Epilepsy Foundation of America
support training of school employees to administer an
emergency anti-seizure medication and believe that an
emergency anti-seizure medication may be safely and
effectively administered by trained school employees.
(4) It is the intent of the General Assembly that
individuals with exceptional needs and children with
disabilities under the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327), the Individuals
with Disabilities Education Act and section 504 of the
Rehabilitation Act of 1973 shall have a right to an
appropriate educational opportunity to meet these
individuals' unique needs, and that children suffering from
seizures due to epilepsy have the right to appropriate
programs and services that are designed to meet the
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children's unique needs.
Section 1403-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"504 plan." A plan created under section 504 of the
Rehabilitation Act of 1973.
"Department." The Department of Education of the
Commonwealth.
"Emergency anti-seizure medication." Nasal spray or a
similar remedy, vagus nerve stimulator magnets and other
nonrectal emergency medications and treatments approved by the
United States Food and Drug Administration for patients with
epilepsy for the management of seizures by persons without
medical credentials as required by the Commonwealth.
"Emergency medical assistance." Administration of an
emergency anti-seizure medication to a student suffering from an
epileptic seizure.
"Individuals with Disabilities Education Act." The
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
"Rehabilitation Act of 1973." The Rehabilitation Act of 1973
(Public Law 93-112, 29 U.S.C. § 701 et seq.).
Section 1404-C. Administration of emergency anti-seizure
medication.
(a) Nurse administration.--Emergency anti-seizure medication
may be administered by a school nurse who has been trained in
anti-seizure medication administration.
(b) Nonmedical employees administration.--
(1) In the absence of a school nurse or other licensed
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nurse onsite at the school or charter school, a school
district or charter school may elect to participate in a
program to allow nonmedical employees to volunteer to provide
emergency medical assistance upon request by a parent or
guardian.
(2) A school employee with voluntary emergency medical
training shall provide emergency medical assistance in
accordance with guidelines approved and provided on the
department's publicly accessible Internet website and the
performance instructions as specified by the l