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 NOS. 992, 1833 PRINTER'S NO. 1979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 928
Session of
2025
INTRODUCED BY KOSIEROWSKI, MARCELL, VENKAT, SANCHEZ, WAXMAN,
GUENST, BURGOS, MADDEN, DEASY, HANBIDGE, HILL-EVANS, OTTEN,
KENYATTA, HADDOCK, MAYES, BOYD, CURRY, CERRATO, DONAHUE,
BOROWSKI, McNEILL, SCHLOSSBERG, MIHALEK, O'MARA, WEBSTER,
CIRESI, WARREN, ISAACSON, FREEMAN, SHUSTERMAN, CEPEDA-
FREYTIZ, GIRAL, PIELLI, STEELE, HOWARD, DALEY, MALAGARI,
KRAJEWSKI, KHAN, C. WILLIAMS AND MADSEN, MARCH 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 23, 2025
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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:
§ 5502. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administer." The direct application of an epinephrine
[auto-injector] delivery system to the body of an individual.
"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:
(1) recreation camps;
(2) colleges and universities;
[(3) day-care facilities;]
(4) youth sports leagues;
(5) amusement parks;
(6) restaurants;
(7) places of employment;
(8) sports arenas; and
(9) law enforcement agencies.
"Day-care facility." A child care center and a family child
care home as those terms are defined in Article X of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
* * *
["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
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premeasured , WEIGHT-BASED dose of epinephrine and is used to
administer epinephrine into the human body to prevent or treat a
life- threatening allergic reaction.
* * *
Section 3. Section 5503 of Title 35 is amended to read:
§ 5503. Epinephrine [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-
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] delivery systems pursuant to a
prescription issued in the name of an authorized entity or day-
care facility.
(b) Supply.--
[(1)] An authorized entity may acquire and stock a
supply of epinephrine [auto-injectors] delivery systems
pursuant to a prescription issued in accordance with this
section. [The epinephrine auto-injectors shall be stored:
(i) in a location readily accessible in an
emergency; and
(ii) in accordance with:
(A) the epinephrine auto-injector's instructions
for use; and
(B) any additional requirements that may be
established by the department.
(2) An authorized entity shall designate employees or
agents who have completed the training required under
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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 may SHALL , subject to funding being 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 delivery systems SYSTEM shall be
stored:
(i) in a location readily accessible in an
emergency; and
(ii) in accordance with:
(A) the epinephrine delivery system's
instructions for use; and
(B) any additional requirements that may be
established by the department.
(2) An authorized entity or day-care facility shall
designate employees or agents who have completed the required
training under subsection (d) to be responsible for the
storage, maintenance, control and general oversight of
epinephrine 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-
injectors] delivery systems prescribed under subsection (a) to
do any of the following:
(1) Provide an epinephrine [auto-injector] delivery
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systems SYSTEM 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 OR DAY-CARE FACILITY believes, in
good faith, is experiencing anaphylaxis, regardless of
whether the individual has a prescription for an epinephrine
[auto-injector] delivery systems SYSTEM or has previously
been diagnosed with an allergy.
(2) Administer an epinephrine [auto-injector] delivery
systems SYSTEM 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] delivery
systems SYSTEM 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 and each employee
or agent of the day-care facility shall complete an
anaphylaxis training program as required by the department.
The training shall be conducted by a nationally recognized
organization experienced in 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. The
department may approve specific entities or individuals or
may approve classes of entities or individuals to conduct the
training. Training shall be conducted in English, Spanish and
any other languages deemed appropriate by the department.
Training may be conducted online or in person and, at a
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minimum, shall cover:
(i) how to recognize signs and symptoms of severe
allergic reactions in children and adults, including
anaphylaxis;
(ii) standards and procedures for the storage and
administration of an epinephrine [auto-injector] delivery
systems SYSTEM ; and
(iii) emergency follow-up procedures.
(2) The entity or individual that conducts the training
shall issue a certificate, on a form developed or approved by
the department, to each individual who successfully completes
the anaphylaxis training program.
(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. The following shall apply:
(1) The materials shall include the following:
(i) Signs and symptoms of allergic reactions in
children , including anaphylaxis.
(ii) The requirements under subsections (a), (b),
(b.1), (c) and (d).
(2) The department shall update the informational
materials on a triennial basis.
(3) A day-care facility shall provide the informational
materials to a parent or guardian of a child :
(i) in the day-care facility's care prior to the
effective date of this paragraph , within 90 days of the
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effective date of this paragraph; or
(ii) admitted to the day-care facility after the
effective date of this paragraph, at the time the
agreement for admission is signed as provided under 55
Pa. Code § 3270.123 (relating to agreement).
(e) Good Samaritan protections.--
(1) The following shall not be liable for any injuries
or related damages that result from any act or omission taken
under this section:
(i) An authorized entity or day-care facility that
possesses and makes available epinephrine [auto-
injectors] delivery systems and its employees, agents and
other individuals associated with the entity OR DAY-CARE
FACILITY;
(ii) a health care practitioner that prescribes or
dispenses epinephrine [auto-injectors] delivery systems
to an authorized entity or day-care facility;
(iii) a pharmacist or health care practitioner that
dispenses epinephrine [auto-injectors] delivery systems
to an authorized entity or day-care facility; and
(iv) an individual or entity that conducts the
training described under subsection (d).
(2) The immunity provided under paragraph (1) shall not
apply to acts or omissions constituting intentional
misconduct or gross negligence.
(3) The administration of an epinephrine [auto-injector]
delivery systems SYSTEM in accordance with this section shall
not be considered the practice of medicine or any other
profession that otherwise requires licensure.
(4) This subsection shall not eliminate, limit or reduce
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any other immunity or defense that may be available under
law, including that provided under 42 Pa.C.S. § 8332
(relating to emergency response provider and bystander good
Samaritan civil immunity).
(5) An entity located in this Commonwealth shall not be
liable for any injuries or related damages that result from
the provision or administration of an epinephrine [auto-
injector] delivery systems SYSTEM outside of this
Commonwealth if the entity:
(i) would not have been liable for the injuries or
related damages had the provision or administration
occurred within this Commonwealth; or
(ii) is not liable for the injuries or related
damages under the law of the state in which the provision
or administration occurred.
Section 4. This act shall take effect in 180 days.
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