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PRIOR PRINTER'S NO. 2738 PRINTER'S NO. 3493
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2117
Session of
2026
INTRODUCED BY HILL-EVANS, WAXMAN, GUZMAN, GUENST, PROBST, KHAN,
BRENNAN, PARKER, MAYES, SANCHEZ, HOWARD, OTTEN, INGLIS,
CERRATO, MADDEN, CIRESI, CEPEDA-FREYTIZ, WARREN, PIELLI,
DALEY, SMITH-WADE-EL AND SHAFFER, JANUARY 7, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 2026
AN ACT
Amending the act of 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; amending, revising, consolidating and changing the
laws relating thereto," 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1401 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding clauses to read:
Section 1401. Definitions.--As used in this article--
* * *
(17) "Epinephrine delivery system" means a device approved
by the United States Food and Drug Administration that contains
a premeasured dose of epinephrine and is used to administer
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epinephrine into the human body to prevent or treat a life-
threatening allergic reaction.
(18) "Short-acting asthma medication" means any medication
approved by the United States Food and Drug Administration,
including a beta-2 agonist or bronchodilator, used for the quick
relief of asthma symptoms, including:
(i) an orally inhaled medication that contains a premeasured
single dose of albuterol or albuterol sulfate delivered by a
nebulizer compressor device; and
(ii) a pressurized, metered-dose inhaler used to treat
asthma or respiratory distress, including wheezing, shortness of
breath and difficulty breathing.
Section 2. Sections 1414.1 heading, (a) and (b), 1414.2 and
1414.9 heading and (1) introductory paragraph of the act are
amended to read:
Section 1414.1. Possession and Use of [Asthma Inhalers]
Short-Acting Asthma Medications and Epinephrine [Auto-Injectors]
Delivery Systems.--(a) Each school entity shall develop a
written policy to allow for the possession and self-
administration by children of school age of [asthma inhalers]
short-acting asthma medications and epinephrine [auto-injectors]
delivery systems, and the prescribed medication to be
administered thereby, in a school setting. The policy shall
comply with section 504 of the Rehabilitation Act of 1973
(Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code Ch. 15
(relating to protected handicapped students). The policy shall
be distributed with the code of student conduct required under
22 Pa. Code § 12.3(c) (relating to school rules) and made
available on the school entity's publicly accessible Internet
website, if any.
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(b) The policy under this section shall require a child of
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. The school entity shall develop a system
whereby the child may demonstrate competency to the school nurse
that the child is capable of self-administration and has
permission for carrying and taking the medication through the
use of the [asthma inhaler] short-acting asthma medication or
epinephrine [auto-injector] delivery system. Determination of
competency for self-administration shall be based on age,
cognitive function, maturity and demonstration of responsible
behavior. The school entity shall also restrict the availability
of the [asthma inhaler] short-acting asthma medication, the
epinephrine [auto-injector] delivery system and the prescribed
medication contained therein from other children of school age.
The policy shall specify conditions under which a student may
lose the privilege to self-carry the [asthma inhaler] short-
acting asthma medication, the epinephrine [auto-injector]
delivery system and the medication if the school policies are
abused or ignored. 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
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classroom teachers of the places where the [asthma inhaler]
short-acting asthma medication or epinephrine [auto-injector]
delivery system and medication are to be stored and the means to
access them.
* * *
Section 1414.2. School Access to Emergency Epinephrine and
Short-Acting Asthma Medications.--(a) Subject to [subsection
(g)] subsections (g) and (h.1), a school entity or nonpublic
school may authorize a trained school employe to:
(1) provide an epinephrine [auto-injector] delivery system
or short-acting asthma medication that meets the prescription on
file for either the individual student or the school entity or
nonpublic school to a student who is authorized to self-
administer an epinephrine [auto-injector] delivery system or
short-acting asthma medication;
(2) administer to a student an epinephrine [auto-injector]
delivery system or short-acting asthma medication that meets the
prescription on file for either the individual student or the
school entity or nonpublic school; and
(3) administer an epinephrine [auto-injector] delivery
system or short-acting asthma medication that meets the
prescription on file for the school entity or nonpublic school
to a student that the employe in good faith believes to be
having an anaphylactic reaction or asthma episode.
(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-
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acting asthma medications in the name of the school entity or
nonpublic school to be maintained for use pursuant to subsection
(a).
(b.1) A physician or nurse practitioner who prescribes
epinephrine delivery systems or short-acting asthma medications
or a pharmacist who dispenses epinephrine delivery systems or
short-acting asthma medications under subsection (b) shall not
be liable for any civil damages as a result of its use under
subsection (a), except in any act or omission intentionally
designed to harm or any grossly negligent acts or omissions by
the physician, nurse practitioner or a pharmacist which results
in harm to a student.
(c) A school entity or nonpublic school may maintain at a
school in a safe, secure location a supply of epinephrine [auto-
injectors] delivery systems or short-acting asthma medications.
(d) A school entity or nonpublic school that authorizes the
provision of epinephrine [auto-injectors] delivery systems or
short-acting asthma medications under this section shall
designate one or more individuals at each school who shall be
responsible for the storage and use of the epinephrine [auto-
injectors] delivery systems or short-acting asthma medications.
(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 [a training program that
shall be developed and implemented by the Department of Health
within ninety (90) days of the effective date of this 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
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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
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).
(2) [When] Subject to subsection (h.1), when a student does
not have an epinephrine [auto-injector] delivery system or
short-acting asthma medication or a prescription for an
epinephrine [auto-injector] delivery system or short-acting
asthma medication on file, a trained school employe may utilize
the school entity's or nonpublic school's supply of epinephrine
[auto-injectors] delivery systems or short-acting asthma
medications to respond to anaphylactic reaction or asthma
episode under a standing protocol from a physician or certified
registered nurse practitioner and as provided in this section.
(f.1) In the event a student is believed to be having an
anaphylactic reaction or asthma episode, the school nurse or an
individual in the school who is responsible for the storage and
use of epinephrine [auto-injectors] delivery systems or short-
acting asthma medications shall contact 911 as soon as possible.
(g) At the request of a parent or legal guardian, a student
shall be exempt from subsections (a), (f) and (h). 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
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opt-out form.
(h) The provisions of 42 Pa.C.S. §§ 8332 (relating to
emergency response provider and bystander good Samaritan civil
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.
(h.1) The following shall apply:
(1) A school employe who is not a licensed health care
practitioner shall not provide or administer short-acting asthma
medication to a student who does not have an asthma diagnosis.
(2) A school employe who is not a licensed health care
practitioner may decline to be designated by a school entity as
an employe responsible for storing, providing or administering
short-acting asthma medication.
(3) If a school employe who is not a licensed health care
practitioner agrees to be designated by a school entity as an
employe responsible for storing, providing or administering
short-acting asthma medication under subsection (a), the employe
shall receive biennial training, including storing, providing
and administering short-acting asthma medication and recognizing
when a student may be having an asthma episode. The training
shall be conducted during the employe's paid working hours or,
if the training is conducted outside the employe's paid working
hours, the employe shall be paid for participating in the
training.
(4) A school employe who is not a licensed health care
practitioner shall not provide or administer short-acting asthma
medication as defined in section 1401(18)(i) to a student.
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(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
of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code Ch.
15 (relating to protected handicapped students).
(j) As used in this section, "school entity" means a school
district, intermediate unit, charter school, cyber charter
school, regional charter school or area career and technical
school.
Section 1414.9. Administration of Epinephrine [Auto-
injectors] Delivery Systems or Short-Acting Asthma Medications
by School Bus Drivers and School Crossing Guards.--The
provisions of 42 Pa.C.S. §§ 8332 (relating to emergency response
provider and bystander good Samaritan civil 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 school bus driver and a school crossing guard when all of the
following apply:
(1) The school bus driver or school crossing guard
administers an epinephrine [auto-injector] delivery system or
short-acting asthma medication to a student in a manner
consistent with the policies established by all of the
following:
* * *
Section 3. This act shall take effect in 90 days.
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