PRINTER'S NO. 992
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 AND MALAGARI,
MARCH 17, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 17, 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "authorized entity" and
"epinephrine auto-injector" in section 5502 of Title 35 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 5502. Definitions.
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:
* * *
"Authorized entity." Any entity or organization, other than
a school entity or a nonpublic school under section 1414.2 of
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16 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.
* * *
"Epinephrine auto-injector." A single-use device used for
the automatic injection of a premeasured appropriate weight-
based dose of epinephrine into the human body.
* * *
Section 2. Section 5503 of Title 35 is amended to read:
§ 5503. Epinephrine auto-injectors 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 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 pursuant to a prescription issued in the name of an
authorized entity or day-care facility .
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30 (b) Supply.--
[(1)] An authorized entity may acquire and stock a
supply of epinephrine auto-injectors 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
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 shall, subject to the availability of funding by the
department, acquire and stock a supply of epinephrine auto-
injectors pursuant to a prescription issued in accordance
with this section.
(b.1) Storage.--
(1) An epinephrine auto-injector 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.
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30 (2) An authorized entity or day-care facility shall
designate an employee or agent who has completed the required
training under subsection (d) to be responsible for the
storage, maintenance, control and general oversight of
epinephrine auto-injectors acquired by the authorized entity
or day-care facility.
(c) Use.--An employee or agent of an authorized entity or
other individual associated with the entity or day-care facility
who has completed the training required under subsection (d) may
use epinephrine auto-injectors prescribed under subsection (a)
to do any of the following:
(1) Provide an epinephrine auto-injector for immediate
administration to any individual, or the parent, guardian or
caregiver of the individual, who the employee, agent or other
individual associated with the entity believes, in good
faith, is experiencing anaphylaxis, regardless of whether the
individual has a prescription for an epinephrine auto-
injector or has previously been diagnosed with an allergy.
(2) Administer an epinephrine auto-injector to any
individual who the employee, agent or other individual
believes, in good faith, is experiencing anaphylaxis,
regardless of whether the individual has a prescription for
an epinephrine auto-injector or has previously been diagnosed
with an allergy.
(d) Training.--
(1) An employee or agent of the authorized entity or
other individual associated with the entity or day-care
facility shall complete an anaphylaxis training program as
required by the department. The training shall be conducted
by a nationally recognized organization experienced in
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30 training laypersons in emergency health treatment, a health
care practitioner employed or contracted by the authorized
entity or day-care facility, or an entity or individual
approved by the department. The department may approve
specific entities or individuals or may approve classes of
entities or individuals to conduct the training. Training may
be conducted online or in person and, at a minimum, shall
cover:
(i) how to recognize signs and symptoms of severe
allergic reactions, including anaphylaxis;
(ii) standards and procedures for the storage and
administration of an epinephrine auto-injector; and
(iii) emergency follow-up procedures.
(2) The entity or individual that conducts the training
shall issue a certificate, on a form developed or approved by
the department, to each individual who successfully completes
the anaphylaxis training program.
(d.1) Informational materials for day-care facilities.--The
department, in consultation with the Department of Human
Services, shall develop, within 90 days of the effective date of
this subsection, informational materials for a day-care facility
to distribute to a parent or guardian of a child in the
facility's care. The following shall apply:
(1) The materials shall include the following:
(i) Signs and symptoms of allergic reactions,
including anaphylaxis.
(ii) The requirements under subsections (a), (b),
(b.1), (c) and (d).
(iii) If an incident involving an allergic reaction
occurs, any emergency treatment procedures to be followed
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30 by facility staff.
(iv) Any food allergy policy the center has in
place, including implementation of a plan specific to a
child.
(2) The department shall update the informational
materials on a triennial basis.
(3) A day-care facility shall provide the informational
materials to a parent or guardian of a child in its care on
an annual basis.
(e) Good Samaritan protections.--
(1) The following shall not be liable for any injuries
or related damages that result from any act or omission taken
under this section:
(i) An authorized entity or day-care facility that
possesses and makes available epinephrine auto-injectors
and its employees, agents and other individuals
associated with the entity;
(ii) a health care practitioner that prescribes or
dispenses epinephrine auto-injectors to an authorized
entity or day-care facility ;
(iii) a pharmacist or health care practitioner that
dispenses epinephrine auto-injectors to an authorized
entity or day-care facility ; and
(iv) an individual or entity that conducts the
training described under subsection (d).
(2) The immunity provided under paragraph (1) shall not
apply to acts or omissions constituting intentional
misconduct or gross negligence.
(3) The administration of an epinephrine auto-injector
in accordance with this section shall not be considered the
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30 practice of medicine or any other profession that otherwise
requires licensure.
(4) This subsection shall not eliminate, limit or reduce
any other immunity or defense that may be available under
law, including that provided under 42 Pa.C.S. § 8332
(relating to emergency response provider and bystander good
Samaritan civil immunity).
(5) An entity located in this Commonwealth shall not be
liable for any injuries or related damages that result from
the provision or administration of an epinephrine auto-
injector outside of this Commonwealth if the entity:
(i) would not have been liable for the injuries or
related damages had the provision or administration
occurred within this Commonwealth; or
(ii) is not liable for the injuries or related
damages under the law of the state in which the provision
or administration occurred.
Section 3. This act shall take effect in 60 days.
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