SB 402 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for administration of emergency anti-seizure medication.

PRINTER'S NO.   349

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 402
                                                 Session of
                                                   2025

     INTRODUCED BY ARGALL, J. WARD, DUSH, MASTRIANO, FARRY, KANE,
        COSTA AND SCHWANK, MARCH 6, 2025

     REFERRED TO EDUCATION, MARCH 6, 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," providing for administration of
 6      emergency anti-seizure medication.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding an
11   article to read:
12                               ARTICLE XIV-C
13                        ADMINISTRATION OF EMERGENCY
14                          ANTI-SEIZURE MEDICATION
15   Section 1401-C.    Scope of article.
16      This article relates to the administration of emergency anti-
17   seizure medication.
18   Section 1402-C.    Legislative findings and intent.
19      The General Assembly finds and declares that:
20          (1)   It is the policy of this Commonwealth to promote the
 1    health, safety and general welfare of the people by
 2    establishing voluntary medical training to treat students
 3    with diabetes who are suffering from severe hypoglycemia.
 4        (2)   It is the policy of this Commonwealth to promote the
 5    health, safety and general welfare of the people by
 6    permitting a school district or charter school participation
 7    in a program to provide, in the absence of a school nurse or
 8    other licensed nurse onsite at the school or charter school,
 9    emergency medical assistance to students with epilepsy
10    suffering from seizures.
11        (3)   In order to meet that goal, it is the intent of the
12    General Assembly that licensed health care professionals
13    train and supervise employees of school districts and charter
14    schools to administer an emergency anti-seizure medication to
15    children with epilepsy in public schools. The American
16    Academy of Pediatrics and the Epilepsy Foundation of America
17    support training of school employees to administer an
18    emergency anti-seizure medication and believe that an
19    emergency anti-seizure medication may be safely and
20    effectively administered by trained school employees.
21        (4)   It is the intent of the General Assembly that
22    individuals with exceptional needs and children with
23    disabilities under the Americans with Disabilities Act of
24    1990 (Public Law 101-336, 104 Stat. 327), the Individuals
25    with Disabilities Education Act and section 504 of the
26    Rehabilitation Act of 1973 shall have a right to an
27    appropriate educational opportunity to meet these
28    individuals' unique needs, and that children suffering from
29    seizures due to epilepsy have the right to appropriate
30    programs and services that are designed to meet the

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 1      children's unique needs.
 2   Section 1403-C.     Definitions.
 3      The following words and phrases when used in this article
 4   shall have the meanings given to them in this section unless the
 5   context clearly indicates otherwise:
 6      "504 plan."     A plan created under section 504 of the
 7   Rehabilitation Act of 1973.
 8      "Department."     The Department of Education of the
 9   Commonwealth.
10      "Emergency anti-seizure medication."          Nasal spray or a
11   similar remedy, vagus nerve stimulator magnets and other
12   nonrectal emergency medications and treatments approved by the
13   United States Food and Drug Administration for patients with
14   epilepsy for the management of seizures by persons without
15   medical credentials as required by the Commonwealth.
16      "Emergency medical assistance."          Administration of an
17   emergency anti-seizure medication to a student suffering from an
18   epileptic seizure.
19      "Individuals with Disabilities Education Act."          The
20   Individuals with Disabilities Education Act (Public Law 91-230,
21   20 U.S.C. § 1400 et seq.).
22      "Rehabilitation Act of 1973."           The Rehabilitation Act of 1973
23   (Public Law 93-112, 29 U.S.C. § 701 et seq.).
24   Section 1404-C.     Administration of emergency anti-seizure
25                  medication.
26      (a)   Nurse administration.--Emergency anti-seizure medication
27   may be administered by a school nurse who has been trained in
28   anti-seizure medication administration.
29      (b)   Nonmedical employees administration.--
30            (1)   In the absence of a school nurse or other licensed

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 1      nurse onsite at the school or charter school, a school
 2      district or charter school may elect to participate in a
 3      program to allow nonmedical employees to volunteer to provide
 4      emergency medical assistance upon request by a parent or
 5      guardian.
 6            (2)   A school employee with voluntary emergency medical
 7      training shall provide emergency medical assistance in
 8      accordance with guidelines approved and provided on the
 9      department's publicly accessible Internet website and the
10      performance instructions as specified by the licensed health
11      care provider of the student.
12      (c)   Exception.--A school employee who does not volunteer or
13   who has not been trained in emergency medical assistance may not
14   be required to provide emergency medical assistance.
15      (d)   Parental or guardian request.--
16            (1)   If a student with epilepsy has been prescribed an
17      emergency anti-seizure medication by the student's licensed
18      health care provider, the student's parent or guardian may
19      request the student's school to have one or more of the
20      school's employees receive emergency medical assistance
21      training as specified under subsection (e) in the event that
22      the student suffers a seizure when a nurse is not available.
23            (2)   Under section 504 of the Rehabilitation Act of 1973,
24      and the Individuals with Disabilities Education Act, upon
25      receipt of the parent's or guardian's request as specified
26      under this subsection, the school or charter school shall
27      notify the parent or guardian that the child may qualify for
28      services or accommodations under a 504 plan or an
29      individualized education program, assist the parent or
30      guardian with the exploration of that option and encourage

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 1      the parent or guardian to adopt that option if it is
 2      determined that the child is eligible for a 504 plan or an
 3      individualized education program.
 4            (3)   The school or charter school may ask the parent or
 5      guardian to sign a notice verifying that the parent or
 6      guardian was given information about section 504 of the
 7      Rehabilitation Act of 1973 and the Individuals with
 8      Disabilities Education Act and that the parent or guardian
 9      understands the right to request a 504 plan or an
10      individualized education program at any time.
11            (4)   If the parent or guardian does not choose to have
12      the student assessed for a 504 plan or an individualized
13      education program, the school or charter school may create an
14      individualized health plan, seizure action plan or other
15      appropriate health plan designed to acknowledge and prepare
16      for the child's health care needs in school. The plan may
17      include the involvement of a trained volunteer school
18      employee or a licensed vocational nurse.
19      (e)   Training.--In training employees under this article, the
20   school district or charter school shall ensure that:
21            (1)   A volunteer employee receives training from a
22      licensed health care professional regarding emergency medical
23      assistance. If the volunteer employee has not provided
24      emergency medical assistance within the prior two years and
25      there is a student enrolled in the school who may need the
26      administration of an anti-seizure medication, the volunteer
27      employee shall attend a new training program to retain the
28      ability to provide emergency medical assistance.
29            (2)   An agreement by an employee to provide emergency
30      medical assistance is voluntary and an employee of the school

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 1    or charter school, an employee of the school district or the
 2    charter school administrator, may not directly or indirectly
 3    use or attempt to use the employee's authority or influence
 4    for the purpose of intimidating, threatening, coercing or
 5    attempting to intimidate, threaten or coerce an employee who
 6    does not choose to volunteer, including direct contact with
 7    the employee.
 8        (3)   An employee who volunteers under this section may
 9    rescind the employee's offer to provide emergency medical
10    assistance up to three days after the completion of the
11    training. After that time, a volunteer may rescind the
12    volunteer's offer to provide emergency medical assistance
13    with a two-week notice, or until a new individualized health
14    plan or 504 plan has been developed for an affected student,
15    whichever is sooner.
16        (4)   The school or charter school shall distribute an
17    electronic notice no more than twice per school year per
18    child to all staff, that states the following information in
19    bold print:
20              (i)    A description of the volunteer request, stating
21        that the request is for volunteers to provide emergency
22        medical assistance in the absence of a school nurse, and
23        that the emergency anti-seizure medication is a Food and
24        Drug Administration-approved, predosed, nasal remedy or
25        magnet therapy for those with a vagus nerve stimulator
26        that reduces the severity of epileptic seizures.
27              (ii)    A description of the training that the
28        volunteer will receive under paragraph (1).
29              (iii)    A description of the voluntary nature of the
30        volunteer program, which includes the information

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 1            described in paragraph (2).
 2                  (iv)   The volunteer rescission time lines described
 3            in paragraph (3).
 4            (5)   The electronic notice described in paragraph (4)
 5      shall be the only means by which a school or charter school
 6      solicits volunteers.
 7      (f)   Timing.--An employee who volunteers as specified under
 8   this section may not be required to provide emergency medical
 9   assistance until completion of the training program adopted by
10   the school district or charter school, and documentation of
11   completion is recorded in the employee's personnel file.
12      (g)   Liability.--If a school district or charter school
13   elects to participate as specified under subsection (b), the
14   school district or charter school shall be immune from liability
15   for the good faith conduct of an employee acting under this
16   section and shall ensure that each employee who volunteers shall
17   be provided defense and indemnification by the school district
18   or charter school for any and all civil liability. This
19   information shall be reduced to writing, provided to the
20   volunteer and retained in the volunteer's personnel file.
21      (h)   Accommodations notice.--If there are no volunteers, the
22   school district or charter school shall notify the student's
23   parent or guardian of the option to be assessed for services and
24   accommodations guaranteed under section 504 of the
25   Rehabilitation Act of 1973 and the Individuals with Disabilities
26   Education Act.
27      (i)   Creation of program.--A school district or charter
28   school that elects to participate as specified under subsection
29   (b) shall have in place a school district or charter school plan
30   that includes all of the following:

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 1        (1)   Identification of existing licensed staff within the
 2    district or region who may be trained in the administration
 3    of emergency medical assistance.
 4        (2)   Identification of students who may require the
 5    administration of emergency medical assistance.
 6        (3)   Written authorization from the parent or guardian
 7    for a nonmedical school employee to administer emergency
 8    medical assistance.
 9        (4)   The requirement that the parent or guardian be
10    notified by the school or charter school if the student has
11    had an emergency anti-seizure medication administered within
12    the past four hours on a school day.
13        (5)   Notification of the parent or guardian, by the
14    school or charter school administrator or, if the
15    administrator is not available, by another school staff
16    member, that an emergency anti-seizure medication has been
17    administered.
18        (6)   A written statement from the student's health care
19    practitioner that includes:
20              (i)    The student's name.
21              (ii)    The name and purpose of the medication.
22              (iii)    The prescribed dosage.
23              (iv)    Detailed seizure symptoms, including frequency,
24        type or length of seizures that identify when the
25        administration of emergency medical assistance becomes
26        necessary.
27              (v)    The method of administration of anti-seizure
28        medication.
29              (vi)    The frequency with which the medication may be
30        administered.

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 1                  (vii)    The circumstances under which the medication
 2            may be administered.
 3                  (viii)    Any potential adverse responses by the
 4            student and recommended mitigation actions, including
 5            when to call emergency services.
 6                  (ix)    A protocol for observing the student after a
 7            seizure, including whether the student should rest in the
 8            school office, whether the student may return to class
 9            and the length of time the student should be under direct
10            supervision.
11                  (x)    Following a seizure, the student's parent or
12            guardian and the school nurse shall be contacted by the
13            school or charter school administrator or, if the
14            administrator is not available, by another school staff
15            member to continue the observation plan as established in
16            subparagraph (ix).
17      (j)   Compensation.--A school district or charter school that
18   elects to allow volunteers to provide emergency medical
19   assistance shall compensate a volunteer, in accordance with that
20   employee volunteer's pay scale, when the administration of
21   emergency medical assistance requires a volunteer to work beyond
22   the volunteer's normally scheduled hours.
23      (k)   Guidelines.--
24            (1)   The department, in consultation with the United
25      States Department of Health and Human Services, shall develop
26      guidelines for the training and supervision of school and
27      charter school employees in providing emergency medical
28      assistance and shall post this information on the
29      department's publicly accessible Internet website by December
30      31, 2025.

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 1            (2)   The guidelines may be developed in consultation with
 2      interested organizations.
 3            (3)   Upon development of the guidelines, the department
 4      shall approve the guidelines for distribution and shall make
 5      the guidelines available upon request.
 6      (l)   Best practices.--The department shall include, on the
 7   department's publicly accessible Internet website, a
 8   clearinghouse for best practices in training nonmedical
 9   personnel to provide emergency medical assistance. The following
10   shall apply:
11            (1)   Training under this article shall include all of the
12      following:
13                  (i)    Recognition and treatment of different types of
14            seizures.
15                  (ii)    Administration of an emergency anti-seizure
16            medication.
17                  (iii)    Basic emergency follow-up procedures,
18            including a requirement for the school or charter school
19            administrator or, if the administrator is not available,
20            another school staff member to call the emergency 911
21            telephone number and to contact the student's parent or
22            guardian. The requirement for the school or charter
23            school administrator or other school staff member to call
24            the emergency 911 telephone number may not require a
25            student to be transported to an emergency room.
26            (2)   Techniques and procedures shall ensure student
27      privacy.
28            (3)   Any written materials used in the training shall be
29      retained by the school or charter school.
30            (4)   Training under this article shall be conducted by

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 1    one or more of the following:
 2                 (i)    A physician who holds a license to practice
 3          under the act of December 20, 1985 (P.L.457, No.112),
 4          known as the Medical Practice Act of 1985, or the act of
 5          October 5, 1978 (P.L.1109, No.261), known as the
 6          Osteopathic Medical Practice Act.
 7                 (ii)    A physician assistant who holds a license to
 8          practice under the Medical Practice Act or the
 9          Osteopathic Medical Practice Act.
10                 (iii)    A school nurse as defined in section 1401.
11                 (iv)    A registered nurse who holds a license to
12          practice professional nursing under the act of May 22,
13          1951 (P.L.317, No.69), known as The Professional Nursing
14          Law.
15          (5)    Training provided in accordance with the
16    manufacturer's instructions, the student's health care
17    provider's instructions and guidelines established as
18    specified under this section shall be deemed adequate
19    training for purposes of this section.
20    (m)   Reporting and records.--
21          (1)    The school or charter school administrator or, if
22    the administrator is not available, another school staff
23    member shall notify the credentialed school nurse assigned to
24    the school district or charter school if an employee at the
25    school site provides emergency medical assistance.
26          (2)    If a credentialed school nurse is not assigned to
27    the school district or charter school, the school or charter
28    school administrator or, if the administrator is not
29    available, another school staff member shall notify the
30    superintendent of the school district or the superintendent's

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 1      designee and the charter school administrator or the charter
 2      school administrator's designee, as appropriate, if an
 3      employee at the school site provides emergency medical
 4      assistance.
 5            (3)   A school or charter school shall retain all records
 6      relating to the administration of an emergency anti-seizure
 7      medication while a student is under the supervision of school
 8      staff.
 9      (n)   Required materials.--The student's parent or guardian
10   shall provide all materials necessary to provide emergency
11   medical assistance. A school or charter school may not be
12   responsible for providing the necessary materials.
13      Section 2.    This act shall take effect immediately.




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