HB 1043 — 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, further providing for definitions, for possession and use of asthma inhalers and epinephrine auto-injectors, for school access to emergency epinephrine and for administration of epinephrine auto-injectors by school bus drivers and school crossing guards.

PRINTER'S NO.   1132

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1043
                                               Session of
                                                 2025

     INTRODUCED BY VENKAT, CERRATO, GIRAL, KOSIEROWSKI, MARCELL,
        MIHALEK, SHAFFER, WARNER, MADDEN, HILL-EVANS, KHAN, CAUSER,
        HANBIDGE, OTTEN, RIVERA, NEILSON, McANDREW, HOHENSTEIN,
        SANCHEZ, D. WILLIAMS, CEPEDA-FREYTIZ AND STEELE,
        MARCH 25, 2025

     REFERRED TO COMMITTEE ON HEALTH, MARCH 25, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in school health services, further
 6      providing for definitions, for possession and use of asthma
 7      inhalers and epinephrine auto-injectors, for school access to
 8      emergency epinephrine and for administration of epinephrine
 9      auto-injectors by school bus drivers and school crossing
10      guards.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    Section 1401 of the act of March 10, 1949
14   (P.L.30, No.14), known as the Public School Code of 1949, is
15   amended by adding a definition to read:
16      Section 1401.    Definitions.--As used in this article--
17      * * *
18      (17)    "Epinephrine delivery system" means a device approved
19   by the Federal Food and Drug Administration that contains a
20   premeasured dose of epinephrine and is used to administer
 1   epinephrine into the human body to prevent or treat a life-
 2   threatening allergic reaction.
 3      Section 2.   Sections 1414.1 heading, (a) and (b), 1414.2 and
 4   1414.9 of the act are amended to read:
 5      Section 1414.1.   Possession and Use of Asthma Inhalers and
 6   Epinephrine [Auto-Injectors] Delivery Systems.--(a)   Each school
 7   entity shall develop a written policy to allow for the
 8   possession and self-administration by children of school age of
 9   asthma inhalers and epinephrine [auto-injectors] delivery
10   systems, and the prescribed medication to be administered
11   thereby, in a school setting. The policy shall comply with
12   section 504 of the Rehabilitation Act of 1973 (Public Law 93-
13   112, 29 U.S.C. § 794) and 22 Pa. Code Ch. 15 (relating to
14   protected handicapped students). The policy shall be distributed
15   with the code of student conduct required under 22 Pa. Code §
16   12.3(c) (relating to school rules) and made available on the
17   school entity's publicly accessible Internet website, if any.
18      (b)   The policy under this section shall require a child of
19   school age that desires to possess and self-administer an asthma
20   inhaler or epinephrine [auto-injector] delivery system in a
21   school setting to demonstrate the capability for self-
22   administration and for responsible behavior in the use thereof
23   and to notify the school nurse immediately following each use of
24   an asthma inhaler or epinephrine [auto-injector] delivery
25   system. The school entity shall develop a system whereby the
26   child may demonstrate competency to the school nurse that the
27   child is capable of self-administration and has permission for
28   carrying and taking the medication through the use of the asthma
29   inhaler or epinephrine [auto-injector] delivery system.
30   Determination of competency for self-administration shall be

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 1   based on age, cognitive function, maturity and demonstration of
 2   responsible behavior. The school entity shall also restrict the
 3   availability of the asthma inhaler, the epinephrine [auto-
 4   injector] delivery system and the prescribed medication
 5   contained therein from other children of school age. The policy
 6   shall specify conditions under which a student may lose the
 7   privilege to self-carry the asthma inhaler, the epinephrine
 8   [auto-injector] delivery system and the medication if the school
 9   policies are abused or ignored. A school entity that prevents a
10   student from self-carrying an asthma inhaler or epinephrine
11   [auto-injector] delivery system and the prescribed medication
12   shall ensure that they are appropriately stored at locations in
13   close proximity to the student prohibited from self-carrying and
14   notify the student's classroom teachers of the places where the
15   asthma inhaler or epinephrine [auto-injector] delivery system
16   and medication are to be stored and the means to access them.
17         * * *
18         Section 1414.2.   School Access to Emergency Epinephrine.--(a)
19   Subject to subsection (g), a school entity or nonpublic school
20   may authorize a trained school employe to:
21         (1)   provide an epinephrine [auto-injector] delivery system
22   that meets the prescription on file for either the individual
23   student or the school entity or nonpublic school to a student
24   who is authorized to self-administer an epinephrine [auto-
25   injector] delivery system;
26         (2)   administer to a student an epinephrine [auto-injector]
27   delivery system that meets the prescription on file for either
28   the individual student or the school entity or nonpublic school;
29   and
30         (3)   administer an epinephrine [auto-injector] delivery

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 1   system that meets the prescription on file for the school entity
 2   or nonpublic school to a student that the employe in good faith
 3   believes to be having an anaphylactic reaction.
 4      (b)   Notwithstanding section 11 of the act of April 14, 1972
 5   (P.L.233, No.64), known as "The Controlled Substance, Drug,
 6   Device and Cosmetic Act," a physician or certified registered
 7   nurse practitioner may prescribe epinephrine [auto-injectors]
 8   delivery systems in the name of the school entity or nonpublic
 9   school to be maintained for use pursuant to subsection (a).
10      (c)   A school entity or nonpublic school may maintain at a
11   school in a safe, secure location a supply of epinephrine [auto-
12   injectors] delivery systems.
13      (d)   A school entity or nonpublic school that authorizes the
14   provision of epinephrine [auto-injectors] delivery systems under
15   this section shall designate one or more individuals at each
16   school who shall be responsible for the storage and use of the
17   epinephrine [auto-injectors] delivery systems.
18      (e)   Individuals who are responsible for the storage and use
19   of epinephrine [auto-injectors] delivery systems must
20   successfully complete a training program that shall be developed
21   and implemented by the Department of Health within ninety (90)
22   days of the effective date of this section.
23      (f)   (1)   An epinephrine [auto-injector] delivery system from
24   the school entity's or nonpublic school's supply of epinephrine
25   [auto-injectors] delivery systems that meets the prescription on
26   file for the school entity or nonpublic school may be provided
27   to and utilized by a student authorized to self-administer or
28   may be administered by a trained school employe authorized to
29   administer an epinephrine [auto-injector] delivery system to a
30   student pursuant to subsection (a).

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 1      (2)   When a student does not have an epinephrine [auto-
 2   injector] delivery system or a prescription for an epinephrine
 3   [auto-injector] delivery system on file, a trained school
 4   employe may utilize the school entity's or nonpublic school's
 5   supply of epinephrine [auto-injectors] delivery systems to
 6   respond to anaphylactic reaction under a standing protocol from
 7   a physician or certified registered nurse practitioner and as
 8   provided in this section.
 9      (f.1)     In the event a student is believed to be having an
10   anaphylactic reaction, the school nurse or an individual in the
11   school who is responsible for the storage and use of epinephrine
12   [auto-injectors] delivery systems shall contact 911 as soon as
13   possible.
14      (g)   At the request of a parent or legal guardian, a student
15   shall be exempt from subsections (a), (f) and (h). The principal
16   of the school in which the student is enrolled shall notify all
17   parents or legal guardians of their ability to exempt their
18   children from subsections (a), (f) and (h) by returning a signed
19   opt-out form.
20      (h)   The provisions of 42 Pa.C.S. §§ 8332 (relating to
21   emergency response provider and bystander good Samaritan civil
22   immunity) and 8337.1 (relating to civil immunity of school
23   officers or employees relating to emergency care, first aid and
24   rescue) shall apply to a person who administers an epinephrine
25   [auto-injector] delivery system pursuant to this section.
26      (i)   Administration of an epinephrine [auto-injector]
27   delivery system under this section shall comply with section 504
28   of the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C.
29   § 794) and 22 Pa. Code Ch. 15 (relating to protected handicapped
30   students).

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 1      (j)    As used in this section, "school entity" means a school
 2   district, intermediate unit, charter school, cyber charter
 3   school, regional charter school or area career and technical
 4   school.
 5      Section 1414.9.    Administration of Epinephrine [Auto-
 6   injectors] Delivery Systems by School Bus Drivers and School
 7   Crossing Guards.--The provisions of 42 Pa.C.S. §§ 8332 (relating
 8   to emergency response provider and bystander good Samaritan
 9   civil immunity) and 8337.1 (relating to civil immunity of school
10   officers or employees relating to emergency care, first aid and
11   rescue) shall apply to a school bus driver and a school crossing
12   guard when all of the following apply:
13      (1)    The school bus driver or school crossing guard
14   administers an epinephrine [auto-injector] delivery system to a
15   student in a manner consistent with the policies established by
16   all of the following:
17      (i)    the independent contractor that employs the school bus
18   driver or school crossing guard, if the school bus driver or
19   school crossing guard is employed by an independent contractor;
20      (ii)    the school entity that has contracted with the
21   independent contractor, if the school bus driver or school
22   crossing guard is employed by an independent contractor; and
23      (iii)    the school entity that employs the school bus driver
24   or school crossing guard, if the school bus driver or school
25   crossing guard is employed by a school entity.
26      (2)    The school bus driver or school crossing guard has
27   successfully completed a training program that shall be
28   developed and implemented by the Department of Health. The
29   Department of Health shall have ninety (90) days from the
30   effective date of this section to develop and implement such a

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1   training program.
2      Section 3.   This act shall take effect in 60 days.




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