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.

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
 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, providing
 6      for possession and use of prescribed pancreatic enzyme
 7      replacement therapy.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
11   as the Public School Code of 1949, is amended by adding a
12   section to read:
13      Section 1414.13.    Possession and Use of Prescribed Pancreatic
14   Enzyme Replacement Therapy.--(a)   A school entity shall require
15   the parent or guardian of a secondary school student who has
16   pancreatic insufficiency or cystic fibrosis, who has been
17   prescribed PERT and who requests that the student possess and
18   self-administer PERT in a school setting to provide all of the
19   following:
20      (1)   A signed and written order from the student's health
 1   care practitioner that:
 2      (i)    states the name and dose of PERT, the times when PERT is
 3   to be taken, the period for which use is authorized and the
 4   diagnosis or reason PERT is needed; and
 5      (ii)    identifies any potential serious reaction to PERT,
 6   describes the appropriate emergency response and states whether
 7   the student is competent to self-administer PERT and able to
 8   follow proper safety precautions for handling and disposing of
 9   PERT.
10      (2)    A written request from the parent or guardian that the
11   school entity comply with the instructions of the student's
12   health care practitioner. The request shall include a statement
13   that relieves the school entity and each school employe from
14   responsibility for the prescribed PERT and acknowledges that the
15   school entity does not bear responsibility for ensuring that the
16   student takes PERT.
17      (3)    A written acknowledgment by the school nurse that the
18   student has demonstrated that the student is capable of self-
19   administration of PERT.
20      (4)    A written acknowledgment by the student that the student
21   has received instruction from the student's health care
22   practitioner on proper safety precautions for handling and
23   disposing of PERT, will not allow other students to have access
24   to PERT and understands appropriate safeguards.
25      (b)    A school entity may revoke or restrict a student's
26   privilege to possess and self-administer PERT if the student
27   fails to comply with school rules and the provisions of the
28   student's service agreement or individualized education program
29   or demonstrates an unwillingness or inability to safeguard PERT
30   from access by other students.

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 1      (c)     If a school entity prohibits a student from possessing
 2   and self-administering PERT under subsection (b), the school
 3   entity shall ensure that PERT is stored in a readily accessible
 4   place in the school building attended by the student. The school
 5   entity shall notify the school nurse and other identified school
 6   employes of the location of PERT and the means of access.
 7      (d)     A school entity shall adopt a written policy that allows
 8   possession and self-administration of PERT by students described
 9   under subsection (e) in a school setting. The policy shall, at a
10   minimum:
11      (1)     state the process for submission of the documentation
12   required under subsection (a);
13      (2)     identify the locations in each school building where
14   PERT may be stored for students who are not permitted to self-
15   carry;
16      (3)     limit the quantity of PERT that a student may bring to
17   school to a daily supply; and
18      (4)     require that PERT beyond the daily supply be stored in
19   the school nurse's office or in another location designated in
20   the policy that is consistent with the school health program.
21      (e)     This section shall apply only to students with cystic
22   fibrosis or pancreatic insufficiency who require PERT that has
23   been prescribed by a health care practitioner.
24      (f)     Nothing in this section shall be construed to prevent
25   the development or implementation of a service agreement or
26   individualized education program that addresses the possession
27   and self-administration of PERT by a student.
28      (g)     As used in this section, the following words and phrases
29   shall have the meanings given to them in this subsection unless
30   the context clearly indicates otherwise:

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 1      "Pancreatic enzyme replacement therapy" or "PERT" shall mean
 2   a prescribed pancreatic enzyme replacement therapy supplement
 3   that is used to treat malabsorption syndrome due to pancreatic
 4   problems associated with cystic fibrosis.
 5      "Pancreatic insufficiency" shall mean a disorder of the
 6   digestive system that may include a diagnosis of cystic
 7   fibrosis, a chronic disease that affects the lungs and digestive
 8   system.
 9      "School entity" shall mean a school district, intermediate
10   unit, area career and technical school, charter school, cyber
11   charter school or regional charter school.
12      Section 2.   This act shall take effect in 60 days.




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