HB 928 — 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; and making an editorial change.

PRIOR PRINTER'S NO.

992 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1833928 THE2025 GENERALINTRODUCED ASSEMBLYBY OFKOSIEROWSKI, PENNSYLVANIAMARCELL, HOUSEVENKAT, BILLSANCHEZ, SessionWAXMAN, GUENST, BURGOS, MADDEN, DEASY, HANBIDGE, HILL-EVANS, OTTEN, KENYATTA, HADDOCK, MAYES, BOYD, CURRY, CERRATO, DONAHUE, BOROWSKI, McNEILL, SCHLOSSBERG, MIHALEK, O'MARA, WEBSTER, 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 No.the Pennsylvania Consolidated Statutes, in epinephrine auto-injector entities, further providing for definitions and for epinephrine auto- injectors for authorized entities.

928The 2025General INTRODUCEDAssembly BYof KOSIEROWSKI,the MARCELL,Commonwealth VENKAT, SANCHEZ, WAXMAN, KENYATTA, HADDOCK, MAYES, BOYD, CURRY, CERRATO, DONAHUE,EN, BOROWSKI, McNEILL, SCHLOSSBERG, MIHALEK, O'MARA, WEBSTER, CIRESI, WARREN, ISAACSON, FREEMAN, SHUSTERMAN, CEPEDA- FREYTIZ, GIRAL, PIELLI, STEELE, HOWARD, DALEY, MALAGARI AND KRAJEWSKI, MARCH 17, 2025 AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 4, 2025 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvania Consolidatedhereby Statutes,enacts inas epinephrinefollows: auto-injector entities, further providing for definitions and for epinephrine auto- CHANGE.rs for authorized entities;

AND MAKING AN EDITORIAL <-- The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The definitions of "authorized entity" and <-- "epinephrine auto-injector" in section 5502 of Title 35 of the Pennsylvania Consolidated Statutes are amended to read:

SECTION 1.

THE HEADING OF CHAPTER 55 OF TITLE 35 OF THE <-- PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:

CHAPTER 55 EPINEPHRINE [AUTO-INJECTOR ENTITIES] DELIVERY SYSTEM SECTION 2.

THE DEFINITIONS OF "ADMINISTER," "AUTHORIZED ENTITY" AND "EPINEPHRINE AUTO-INJECTOR" IN SECTION 5502 OF TITLE 35 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

* * * <--"Authorized "ADMINISTER."entity." THEAny DIRECTentity APPLICATIONor OForganization, ANother EPINEPHRINEthan <--a [AUTO-INJECTOR]school DELIVERYentity SYSTEMor TOa THEnonpublic BODYschool OFunder ANsection INDIVIDUAL.1414.2 of 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:

"Authorized entity." Any entity or organization, other than a school entity or a nonpublic school under section 1414.2 of 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:

"DAY-CARE* FACILITY."* A* CHILD"Epinephrine CAREauto-injector." CENTER AND A FAMILYsingle-use CHILDdevice <--used CAREfor HOMEthe ASautomatic THOSEinjection TERMSof AREa DEFINEDpremeasured INappropriate ARTICLEweight- Xbased OFdose THEof ACTepinephrine OFinto JUNEthe 13,human 1967body. (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE.

* * * "EpinephrineSection auto-injector."2. A single-use device used for <-- 20250HB0928PN1833 - 2 - the automatic injection of a premeasured appropriate weight- based dose of epinephrine into the human body.

["EPINEPHRINE AUTO-INJECTOR." A SINGLE-USE DEVICE USED FOR <-- THE AUTOMATIC INJECTION OF A PREMEASURED DOSE OF EPINEPHRINE INTO THE HUMAN BODY.] "EPINEPHRINE DELIVERY SYSTEM." A DEVICE APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION THAT CONTAINS A PREMEASURED DOSE OF EPINEPHRINE AND IS USED TO ADMINISTER EPINEPHRINE INTO THE HUMAN BODY TO PREVENT OR TREAT A LIFE- THREATENING ALLERGIC REACTION.

* * * Section 2 3.

<-- § 5503.

Epinephrine [auto-injectors]auto-injectors DELIVERY SYSTEMS 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-auto- <--injectors injectors] DELIVERY SYSTEMS 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]auto- DELIVERYinjectors SYSTEMS pursuant to a <-- prescription issued in the name of an authorized entity or day-day-care care facility.

20250HB0928PN0992 - 2 - (b) Supply.-- [(1)] An authorized entity may acquire and stock a supply of epinephrine [auto-injectors]auto-injectors DELIVERY SYSTEMS <-- pursuant to a prescription issued in accordance with this section.

and 20250HB0928PN1833 - 3 - (ii) in accordance with:

(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.

A(b.1) DAY-CAREStorage.-- FACILITY(1) MAY,An SUBJECTepinephrine TOauto-injector <--shall FUNDINGbe BEINGstored: SPECIFICALLY DESIGNATED TO THE DEPARTMENT, ACQUIRE AND STOCK A SUPPLY OF EPINEPHRINE DELIVERY SYSTEMS PURSUANT TO A PRESCRIPTION ISSUED IN ACCORDANCE WITH THIS SECTION.

(b.1) Storage.-- (1) An epinephrine auto-injector DELIVERY SYSTEMS shall <-- be stored:

(A) the epinephrine auto-injector's DELIVERY <-- SYSTEM'S instructions for use;

20250HB0928PN0992 - 3 - (2) An authorized entity or day-care facility shall designate an employee or agent who has EMPLOYEES OR AGENTS <-- 20250HB0928PN1833 - 4 - WHO HAVE completed the required training under subsection (d) to be responsible for the storage, maintenance, control and general oversight of epinephrine auto-injectors DELIVERY <-- SYSTEMS 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 AN EMPLOYEE OR <-- AGENT OF A day-care facility who has completed the training required under subsection (d) may use epinephrine [auto-auto-injectors <-- injectors] DELIVERY SYSTEMS prescribed under subsection (a) to <-- do any of the following:

(1) Provide an epinephrine [auto-injector]auto-injector DELIVERY <-- SYSTEMS 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]auto- DELIVERYinjector SYSTEMS or has <-- previously been diagnosed with an allergy.

(2) Administer an epinephrine [auto-injector]auto-injector DELIVERY <-- SYSTEMS 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]auto-injector DELIVERY <-- SYSTEMS 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 AND EACH <-- EMPLOYEE OR AGENT OF THE day-care facility shall complete an anaphylaxis training program as required by the department.

20250HB0928PN1833 - 5 - The training shall be conducted by a nationally recognized organization experienced in 20250HB0928PN0992 - 4 - 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.

TRAINING SHALL BE CONDUCTED IN ENGLISH, SPANISH AND <-- ANY OTHER LANGUAGES DEEMED APPROPRIATE BY THE DEPARTMENT.

(i) how to recognize signs and symptoms of severe allergic reactionsreactions, IN CHILDREN AND ADULTS, including <-- anaphylaxis;

(ii) standards and procedures for the storage and administration of an epinephrine [auto-injector]auto-injector; DELIVERY <-- SYSTEMS;

(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 IN ENGLISH, SPANISH AND <-- ANY OTHER LANGUAGES DEEMED APPROPRIATE BY THE DEPARTMENT for a day-care facility to distribute to a parent or guardian of a child in the facility's care.

20250HB0928PN1833 - 6 - (i) Signs and symptoms of allergic reactionsreactions, IN <-- CHILDREN, including anaphylaxis.

(iii) If an incident involving an allergic reaction <-- occurs, any emergency treatment procedures to be followed 20250HB0928PN0992 - 5 - by facility staff.

(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.:basis.

<-- (I) IN THE DAY-CARE FACILITY'S CARE PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH;