Pennsylvania HB 928: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in epinephrine auto-injector entities, further providing for definitions and for epinephrine auto-injectors for authorized entities; and making an editorial change.

Bill Text

PRIOR PRINTER'S NOS. 992, 1833 PRINTER'S NO. 1979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 928
Session of
2025
INTRODUCED BY KOSIEROWSKI, MARCELL, VENKAT, SANCHEZ, WAXMAN,
GUENST, BURGOS, MADDEN, DEASY, HANBIDGE, HILL-EVANS, OTTEN,
KENYATTA, HADDOCK, MAYES, BOYD, CURRY, CERRATO, DONAHUE,
BOROWSKI, McNEILL, SCHLOSSBERG, MIHALEK, O'MARA, WEBSTER,
CIRESI, WARREN, ISAACSON, FREEMAN, SHUSTERMAN, CEPEDA-
FREYTIZ, GIRAL, PIELLI, STEELE, HOWARD, DALEY, MALAGARI,
KRAJEWSKI, KHAN, C. WILLIAMS AND MADSEN, MARCH 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 23, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in epinephrine auto-injector entities,
further providing for definitions and for epinephrine auto-
injectors for authorized entities; and making an editorial
change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 55 of Title 35 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 55
EPINEPHRINE [AUTO-INJECTOR ENTITIES] DELIVERY SYSTEM
Section 2. The definitions of "administer," "authorized
entity" and "epinephrine auto-injector" in section 5502 of Title
35 are amended and the section is amended by adding definitions
to read:
§ 5502. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administer." The direct application of an epinephrine
[auto-injector] delivery system to the body of an individual.
"Authorized entity." Any entity or organization, other than
a school entity or a nonpublic school under section 1414.2 of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, which has an employee or agent who has
completed the required training and at which allergens capable
of causing anaphylaxis may be present, including, but not
limited to:
(1) recreation camps;
(2) colleges and universities;
[(3) day-care facilities;]
(4) youth sports leagues;
(5) amusement parks;
(6) restaurants;
(7) places of employment;
(8) sports arenas; and
(9) law enforcement agencies.
"Day-care facility." A child care center and a family child
care home as those terms are defined in Article X of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
* * *
["Epinephrine auto-injector." A single-use device used for
the automatic injection of a premeasured dose of epinephrine
into the human body.]
"Epinephrine delivery system." A device approved by the
United States Food and Drug Administration that contains a
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premeasured , WEIGHT-BASED dose of epinephrine and is used to
administer epinephrine into the human body to prevent or treat a
life- threatening allergic reaction.
* * *
Section 3. Section 5503 of Title 35 is amended to read:
§ 5503. Epinephrine [auto-injectors] delivery systems for
authorized entities and day-care facilities.
(a) Prescribing and dispensing.--Notwithstanding any
provision of law to the contrary, a health care practitioner
with prescriptive authority may prescribe epinephrine [auto-
injectors] delivery systems in the name of an authorized entity
or day-care facility for use in accordance with this section.
Pharmacists and health care practitioners may dispense
epinephrine [auto-injectors] delivery systems pursuant to a
prescription issued in the name of an authorized entity or day-
care facility.
(b) Supply.--
[(1)] An authorized entity may acquire and stock a
supply of epinephrine [auto-injectors] delivery systems
pursuant to a prescription issued in accordance with this
section. [The epinephrine auto-injectors shall be stored:
(i) in a location readily accessible in an
emergency; and
(ii) in accordance with:
(A) the epinephrine auto-injector's instructions
for use; and
(B) any additional requirements that may be
established by the department.
(2) An authorized entity shall designate employees or
agents who have completed the training required under
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subsection (d) to be responsible for the storage,
maintenance, control and general oversight of epinephrine
auto-injectors acquired by the authorized entity.] A day-care
facility may SHALL , subject to funding being specifically
designated to the department , acquire and stock a supply of
epinephrine delivery systems pursuant to a prescription
issued in accordance with this section.
(b.1) Storage.--
(1) An epinephrine delivery systems SYSTEM shall be
stored:
(i) in a location readily accessible in an
emergency; and
(ii) in accordance with:
(A) the epinephrine delivery system's
instructions for use; and
(B) any additional requirements that may be
established by the department.
(2) An autho