Pennsylvania HB 2267: 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, providing for possession and use of prescribed pancreatic enzyme replacement therapy.

Bill Text

PRINTER'S NO. 2966
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2267
Session of
2026
INTRODUCED BY KHAN, SHAFFER, WAXMAN, HILL-EVANS, SANCHEZ,
FREEMAN, PROBST, KUZMA, NEILSON, MALAGARI, GALLAGHER,
PASHINSKI, INGLIS, GUZMAN AND CEPEDA-FREYTIZ, MARCH 5, 2026
REFERRED TO COMMITTEE ON EDUCATION, MARCH 9, 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, providing
for possession and use of prescribed pancreatic enzyme
replacement therapy.
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 a
section to read:
Section 1414.13. Possession and Use of Prescribed Pancreatic
Enzyme Rep lacement Therapy .-- (a) A school entity shall require
the parent or guardian of a secondary school student who has
pancreatic insufficiency or cystic fibrosis, who has been
prescribed PERT and who requests that the student possess and
self-administer PERT in a school setting to provide all of the
following:
(1) A signed and written order from the student's health
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care practitioner that:
(i) states the name and dose of PERT , the times when PERT is
to be taken, the period for which use is authorized and the
diagnosis or reason PERT is needed; and
(ii) identifies any potential serious reaction to PERT ,
describes the appropriate emergency response and states whether
the student is competent to self-administer PERT and able to
follow proper safety precautions for handling and disposing of
PERT .
(2) A written request from the parent or guardian that the
school entity comply with the instructions of the student's
health care practitioner. The request shall include a statement
that relieves the school entity and each school employe from
responsibility for the prescribed PERT and acknowledges that the
school entity does not bear responsibility for ensuring that the
student takes PERT .
(3) A written acknowledgment by the school nurse that the
student has demonstrated that the student is capable of self-
administration of PERT .
(4) A written acknowledgment by the student that the student
has received instruction from the student's health care
practitioner on proper safety precautions for handling and
disposing of PERT , will not allow other students to have access
to PERT and understands appropriate safeguards.
(b) A school entity may revoke or restrict a student's
privilege to possess and self-administer PERT if the student
fails to comply with school rules and the provisions of the
student's service agreement or individualized education program
or demonstrates an unwillingness or inability to safeguard PERT
from access by other students.
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(c) If a school entity prohibits a student from possessing
and self-administering PERT under subsection (b), the school
entity shall ensure that PERT is stored in a readily accessible
place in the school building attended by the student. The school
entity shall notify the school nurse and other identified school
employes of the location of PERT and the means of access.
(d) A school entity shall adopt a written policy that allows
possession and self-administration of PERT by students described
under subsection (e) in a school setting. The policy shall, at a
minimum:
(1) state the process for submission of the documentation
required under subsection (a);
(2) identify the locations in each school building where
PERT may be stored for students who are not permitted to self-
carry;
(3) limit the quantity of PERT that a student may bring to
school to a daily supply; and
(4) require that PERT beyond the daily supply be stored in
the school nurse's office or in another location designated in
the policy that is consistent with the school health program.
(e) This section shall apply only to students with cystic
fibrosis or pancreatic insufficiency who require PERT that has
been prescribed by a health care practitioner.
(f) Nothing in this section shall be construed to prevent
the development or implementation of a service agreement or
individualized education program that addresses the possession
and self-administration of PERT by a student.
(g) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
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"Pancreatic enzyme replacement therapy" or "PERT" shall mean
a prescribed pancreatic enzyme replacement therapy supplement
that is used to treat malabsorptio