Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1447 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1692 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1447 
Session of 
2025 
INTRODUCED BY WARREN, GIRAL, KENYATTA, SANCHEZ, HOWARD, CEPEDA-
FREYTIZ AND HILL-EVANS, MAY 12, 2025 
REFERRED TO COMMITTEE ON EDUCATION, MAY 13, 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 possession and use of asthma inhalers and 
epinephrine auto-injectors and providing for school 
administration of adrenal insufficiency medication.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Section 1414.1(a), (b), (d) and (f)(1) and (3) of 
the act of March 10, 1949 (P.L.30, No.14), known as the Public 
School Code of 1949, are amended to read:
Section 1414.1.  Possession and Use of Asthma Inhalers [ and], 
Epinephrine Auto-Injectors and Adrenal Insufficiency 
Medications.--(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 and adrenal insufficiency medications , and the 
prescribed medication to be administered thereby , in a school 
setting. The policy shall comply with [ section 504 of the 
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21 Rehabilitation Act of 1973 (Public Law 93-112, ] 29 U.S.C. § 794 
(relating to nondiscrimination under Federal grants and 
programs) 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 or adrenal insufficiency 
medication 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 or 
adrenal insufficiency medication . 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 or adrenal insufficiency medication . 
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 , the epinephrine auto-
injector, the adrenal insufficiency medication 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 , the adrenal insufficiency 
medication and the medication if the school policies are abused 
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30 or ignored. A school entity that prevents a student from self-
carrying an asthma inhaler [ or], epinephrine auto-injector or 
adrenal insufficiency medication 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 or adrenal 
insufficiency medication and medication are to be stored and the 
means to access them.
* * *
(d)  [As used in this section, "school entity" ] For purposes 
of this section:
"Adrenal insufficiency medication"  	means a medication that  
treats adrenal insufficiency.
"School entity" means a school district, intermediate unit , 
charter school or area career and technical school.
* * *
(f)  Within one hundred twenty (120) days of the effective 
date of this subsection, the Department of Health in 
coordination with the Department of Education shall provide 
technical assistance and resources and publish information on 
the Department of Health's publicly accessible Internet website 
regarding the administration of medication for allergies and 
adrenal insufficiency by persons employed by a school entity, 
including the following:
(1)  Proper use and administration of epinephrine devices and 
adrenal insufficiency medications .
* * *
(3)  Recognition of the symptoms of a severe allergic 
reaction or adrenal crisis.
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Section 2.  The act is amended by adding a section to read:
Section 1414.13.  School Administration of Adrenal 
Insufficiency Medication.--(a)  A school entity or nonpublic 
school may authorize a trained school employe to administer to a 
student an adrenal insufficiency medication that the student's 
parent or legal guardian has provided to the school employe 
trained under subsection (c) for the school entity or nonpublic 
school if the trained school employe believes in good faith that 
the student is having an adrenal crisis.
(b)  A school entity or nonpublic school that authorizes the 
administration of adrenal insufficiency medication under this 
section shall designate one or more school employes at each 
school who shall be responsible for the storage and use of the 
adrenal insufficiency medication.
(c)  School employes who are responsible for the storage and 
use of adrenal insufficiency medication must successfully 
complete a training program that shall be developed and 
implemented by the Department of Health within ninety (90) days 
of the effective date of this subsection.
(d)  The student's adrenal insufficiency medication provided 
to the school entity or nonpublic school by the student's parent 
or legal guardian for storage may be utilized in either of the 
following ways:
(1)  Provided to a student by the trained school employe and 
utilized by a student authorized to self-administer.
(2)  Administered to a student by the trained school employe 
authorized to administer adrenal insufficiency medication under 
subsection (a).
(e)  In the event a student is believed to be having an 
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30 adrenal crisis, the school nurse or school employe trained under 
subsection (c) shall contact local emergency services as soon as 
possible.
(f)  The provisions of 42 Pa.C.S. §§ 8332 (relating to 
emergency response provider and bystander good Samaritan civil 
immunity) and 8337.1 (relating to civil immunity of school 
officers or employees relating to emergency care, first aid and 
rescue) shall apply to a person authorized under this section to 
administer an adrenal insufficiency medication.
(g)  Administration of an adrenal insufficiency medication 
under this section shall comply with 29 U.S.C. § 794 (relating 
to nondiscrimination under Federal grants and programs) and 22 
Pa. Code Ch. 15 (relating to protected handicapped students).
(h)  For purposes of this section:
"Adrenal crisis" means a sudden, severe worsening of symptoms 
associated with adrenal insufficiency, such as severe pain in 
the lower back, abdomen or legs, vomiting, diarrhea, 
dehydration, low blood pressure or loss of consciousness.
"Adrenal insufficiency" means a hormonal disorder that occurs 
when the adrenal glands do not produce enough adrenal hormones.
"Adrenal insufficiency medication" means a medication that 
treats adrenal insufficiency.
"Nonpublic school" shall have the same meaning as defined in 
section 1502-M.
"School entity" means a school district, intermediate unit, 
charter school, cyber charter school, regional charter school or 
area career and technical school.
Section 3.  This act shall take effect in 60 days.
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