HB 2117 — 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.

PRIOR PRINTER'S NO.

2738 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

34932117 THE2026 GENERALINTRODUCED ASSEMBLYBY OFHILL-EVANS, PENNSYLVANIAWAXMAN, HOUSEGUZMAN, BILLGUENST, SessionPROBST, KHAN, CERRATO, MADDEN, CIRESI AND CEPEDA-FREYTIZ, JANUARY 7, 2026 REFERRED TO COMMITTEE ON EDUCATION, JANUARY 8, 2026 AN ACT Amending the act of No.March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools;

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amending, revising, consolidating and changing the laws relating thereto," in school health services, further providing for definitions, for possession and use of asthma emergency epinephrine and for administration of epinephrineto auto-injectors by school bus drivers and school crossing guards.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

20260HB2117PN3493 - 2 - (b) The policy under this section shall require a child of 20260HB2117PN2738 - 2 - school age that desires to possess and self-administer [an asthma inhaler] a short-acting asthma medication or epinephrine [auto-injector] delivery system in a school setting to demonstrate the capability for self-administration and for responsible behavior in the use thereof and to notify the school nurse immediately following each use of [an asthma inhaler] a short-acting asthma medication or epinephrine [auto-injector] delivery system.

A school entity that prevents a student from self-carrying [an asthma inhaler] a short-acting asthma medication or epinephrine [auto-injector] delivery system and the prescribed medication shall ensure that they are appropriately stored at locations in close proximity to the student prohibited from self-carrying and notify the student's 20260HB2117PN3493 - 3 - classroom teachers of the places where the [asthma inhaler] 20260HB2117PN2738 - 3 - short-acting asthma medication or epinephrine [auto-injector] delivery system and medication are to be stored and the means to access them.

(b) Notwithstanding section 11 of the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," a physician or certified registered nurse practitioner may prescribe epinephrine [auto-injectors] delivery systems or short-acting asthma medications and a pharmacist may dispense epinephrine delivery systems or short- 20260HB2117PN3493 - 4 - acting asthma medications in the name of the school entity or 20260HB2117PN2738 - 4 - nonpublic school to be maintained for use pursuant to subsection (a).

(e) [Individuals] Subject to subsection (h.1), individuals who are responsible for the storage and use of epinephrine [auto-injectors] delivery systems or short-acting asthma medications must successfully complete [aa training program that <-- shall be developed and implemented by the Department of Health within ninety (90) days of the effective date of this section]section. <-- AN ONLINE COURSE OF INSTRUCTION OR IN-PERSON TRAINING APPROVED BY THE DEPARTMENT OF HEALTH.

(f) (1) An epinephrine [auto-injector] delivery system or 20260HB2117PN3493 - 5 - short-acting asthma medication from the school entity's or nonpublic school's supply of epinephrine [auto-injectors] delivery systems or short-acting asthma medications that meets 20260HB2117PN2738 - 5 - the prescription on file for the school entity or nonpublic school may be provided to and utilized by a student authorized to self-administer or, subject to subsection (h.1), may be administered by a trained school employe authorized to administer an epinephrine [auto-injector] delivery system or short-acting asthma medication to a student pursuant to subsection (a).

The principal of the school in which the student is enrolled shall notify all parents or legal guardians of their ability to exempt their children from subsections (a), (f) and (h) by returning a signed 20260HB2117PN3493 - 6 - opt-out form.

§§ 8332 (relating to emergency response provider and bystander good Samaritan civil 20260HB2117PN2738 - 6 - immunity) and 8337.1 (relating to civil immunity of school officers or employees relating to emergency care, first aid and rescue) shall apply to a person who administers an epinephrine [auto-injector] delivery system or short-acting asthma medication pursuant to this section.

20260HB2117PN3493 - 7 - (i) Administration of an epinephrine [auto-injector] delivery system or short-acting asthma medication under this section shall comply with section 504 of the Rehabilitation Act 20260HB2117PN2738 - 7 - of 1973 (Public Law 93-112, 29 U.S.C.

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