PRINTER'S NO. 1545
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1171
Session of
2024
INTRODUCED BY ARGALL, VOGEL, GEBHARD, KANE, COLLETT, COSTA,
SCHWANK, BREWSTER, DILLON AND MILLER, APRIL 22, 2024
REFERRED TO EDUCATION, APRIL 22, 2024
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," providing for administration of
emergency anti-seizure medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIV-C
ADMINISTRATION OF EMERGENCY
ANTI-SEIZURE MEDICATION
Section 1401-C. Scope of article.
This article relates to the administration of emergency anti-
seizure medication.
Section 1402-C. Legislative findings and intent.
The General Assembly finds and declares that:
(1) It is the policy of this Commonwealth to promote the
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health, safety and general welfare of the people by
establishing voluntary medical training to treat pupils with
diabetes who are suffering from severe hypoglycemia.
(2) It is the policy of this Commonwealth to promote the
health, safety and general welfare of the people by
permitting a school district or charter school participation
in a program to provide, in the absence of a credentialed
school nurse or other licensed nurse onsite at the school or
charter school, emergency medical assistance to pupils with
epilepsy suffering from seizures.
(3) In order to meet that goal, it is the intent of the
General Assembly that licensed health care professionals
train and supervise employees of school districts and charter
schools to administer an emergency anti-seizure medication to
children with epilepsy in public schools. The American
Academy of Pediatrics and the Epilepsy Foundation of America
support training of school employees to administer an
emergency anti-seizure medication and believe that an
emergency anti-seizure medication may be safely and
effectively administered by trained school employees.
(4) It is the intent of the General Assembly that
individuals with exceptional needs and children with
disabilities under the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327), the Individuals
with Disabilities Education Act and section 504 of the
Rehabilitation Act of 1973 shall have a right to an
appropriate educational opportunity to meet these
individuals' unique needs, and that children suffering from
seizures due to epilepsy have the right to appropriate
programs and services that are designed to meet the
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children's unique needs.
Section 1403-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"504 plan." A plan created under section 504 of the
Individuals with Disabilities Education Act.
"Emergency anti-seizure medication." Nayzilam nasal spray or
a similar remedy, vagus nerve stimulator magnets and other
nonrectal emergency medications and treatments approved by the
Federal Food and Drug Administration for patients with epilepsy
for the management of seizures by persons without medical
credentials as required by the Commonwealth.
"Emergency medical assistance." Administration of an
emergency anti-seizure medication to a pupil suffering from an
epileptic seizure.
"Individuals with Disabilities Education Act." The
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
"Rehabilitation Act of 1973." Rehabilitation Act of 1973
(Public Law 93-112, 29 U.S.C. § 701 et seq.).
Section 1404-C. Administration of emergency anti-seizure
medication.
(a) Nurse administration.--Emergency anti-seizure medication
may be administered by a school nurse who has been trained in
anti-seizure medication administration.
(b) Nonmedical employees administration.--
(1) In the absence of a credentialed school nurse or
other licensed nurse onsite at the school or charter school,
a school district or charter school may elect to participate
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in a program to allow nonmedical employees to volunteer to
provide emergency medical assistance upon request by a parent
or guardian.
(2) A school employee with voluntary emergency medical
training shall provide emergency medical assistance in
accordance with guidelines approved and provided on the
department's publicly accessible Internet website and the
performance instructions as specified by the licensed health
care provider of the pupil.
(c) Exception.--A school employee who does not volunteer or
who has not been trained in emergency medical assistance may not
be required to provide emergency medical assistance.
(d) Parental or guardian request.--
(1) If a pupil with epilepsy has been prescribed an
emergency anti-seizure medication by the pupil's licensed
health care provider, the pupil's parent or guardian may
request the pupil's school to have one or more of the
school's employees receive emergency medical assistance
training as specified under subsection (e) in the event that
the pupil suffers a seizure when a nurse is not available.
(2) Under section 504 of the Rehabilitation Act of 1973,
and the Individuals with Disabilities Education Act, upon
receipt of the parent's or guardian's request as specified
under this subsection, the school or charter school shall
notify the parent or guardian that the child may qualify for
services or accommodations under a 504 plan or an
individualized education program, assist the parent or
guardian with the exploration of that option and encourage
the parent or guardian to adopt that option if it is
determined that the child is eligible for a 504 plan or an
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individualized education program.
(3) The school or charter school may ask the parent or
guardian to sign a notice verifying that the parent or
guardian was given information about section 504 of the
Rehabilitation Act of 1973 and the Individuals with
Disabilities Education Act and that the parent or guardian
understands the right to request a 504 plan or an
individualized education program at any time.
(4) If the parent or guardian does not choose to have
the pupil assessed for a 504 plan or an individualized
education program, the school or charter school may create an
individualized health plan, seizure action plan or other
appropriate health plan designed to acknowledge and prepare
for the child's health care needs in school. The plan may
include the involvement of a trained volunteer school
employee or a licensed vocational nurse.
(e) Training.--In training employees as specified under this
article, the school district or charter school shall ensure:
(1) That a volunteer employee receives training from a
licensed health care professional regarding emergency medical
assistance. If the volunteer employee has not provided
emergency medical assistance within the prior two years and
there is a pupil enrolled in the school who may need the
administration of an anti-seizure medication, the volunteer
employee shall attend a new training program to retain the
ability to provide emergency medical assistance.
(2) That an agreement by an employee to provide
emergency medical assistance is voluntary and an employee of
the school or charter school, an employee of the school
district or the charter school administrator, may not
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directly or indirectly use or attempt to use the employee's
authority or influence for the purpose of intimidating,
threatening, coercing or attempting to intimidate, threaten
or coerce an employee who does not choose to volunteer,
including direct contact with the employee.
(3) That an employee who volunteers under this section
may rescind the employee's offer to provide emergency medical
assistance up to three days after the completion of the
training. After that time, a volunteer may rescind the
volunteer's offer to provide emergency medical assistance
with a two-week notice, or until a new individual health plan
or 504 plan has been developed for an affected pupil,
whichever is sooner.
(4) The school or charter school shall distribute an
electronic notice no more than twice per school year per
child to all staff, that states the following information in
bold print:
(i) A description of the volunteer request, stating
that the request is for volunteers to provide emergency
medical assistance in the absence of a school nurse, and
that the emergency anti-seizure medication is an FDA-
approved, predosed, nasal remedy or magnet therapy for
those with a vagus nerve stimulator that reduces the
severity of epileptic seizures.
(ii) A description of the training that the
volunteer will receive under paragraph (1).
(iii) A description of the voluntary nature of the
volunteer program, which includes the information
described in paragraph (2).
(iv) The volunteer rescission time lines described
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in paragraph (3).
(5) The electronic notice described in paragraph (4)
shall be the only means by which a school or charter school
solicits volunteers.
(f) Timing.--An employee who volunteers as specified under
this section may not be required to provide emergency medical
assistance until completion of the training program adopted by
the school district or charter school, and documentation of
completion is recorded in the employee's personnel file.
(g) Liability.--If a school district or charter school
elects to participate as specified under subsection (b), the
school district or charter school shall be immune from liability
for the good faith conduct of an employee acting under this
section and shall ensure that each employee who volunteers shall
be provided defense and indemnification by the school district
or charter school for any and all civil liability. This
information shall be reduced to writing, provided to the
volunteer and retained in the volunteer's personnel file.
(h) Accommodations notice.--If there are no volunteers, the
school district or charter school shall notify the pupil's
parent or guardian of the option to be assessed for services and
accommodations guaranteed under section 504 of the
Rehabilitation Act of 1973 and the Individuals with Disabilities
Education Act.
(i) Creation of program.--A school district or charter
school that elects to participate as specified under subsection
(b) shall have in place a school district or charter school plan
that includes all of the following:
(1) Identification of existing licensed staff within the
district or region who may be trained in the administration
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of emergency medical assistance.
(2) Identification of pupils who may require the
administration of emergency medical assistance.
(3) Written authorization from the parent or guardian
for a nonmedical school employee to administer emergency
medical assistance.
(4) The requirement that the parent or guardian be
notified by the school or charter school if the pupil has had
an emergency anti-seizure medication administered within the
past four hours on a school day.
(5) Notification of the parent or guardian, by the
school or charter school administrator or, if the
administrator is not available, by another school staff
member, that an emergency anti-seizure medication has been
administered.
(6) A written statement from the pupil's health care
practitioner that includes:
(i) The pupil's name.
(ii) The name and purpose of the medication.
(iii) The prescribed dosage.
(iv) Detailed seizure symptoms, including frequency,
type or length of seizures that identify when the
administration of emergency medical assistance becomes
necessary.
(v) The method of administration of anti-seizure
medication.
(vi) The frequency with which the medication may be
administered.
(vii) The circumstances under which the medication
may be administered.
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(viii) Any potential adverse responses by the pupil
and recommended mitigation actions, including when to
call emergency services.
(ix) A protocol for observing the pupil after a
seizure, including whether the pupil should rest in the
school office, whether the pupil may return to class and
the length of time the pupil should be under direct
supervision.
(x) Following a seizure, the pupil's parent or
guardian and the school nurse shall be contacted by the
school or charter school administrator or, if the
administrator is not available, by another school staff
member to continue the observation plan as established in
subparagraph (ix).
(j) Compensation.--A school district or charter school that
elects to allow volunteers to provide emergency medical
assistance shall compensate a volunteer, in accordance with that
employee volunteer's pay scale, when the administration of
emergency medical assistance requires a volunteer to work beyond
the volunteer's normally scheduled hours.
(k) Guidelines.--
(1) The department, in consultation with the United
States Department of Health and Human Services, shall develop
guidelines for the training and supervision of school and
charter school employees in providing emergency medical
assistance and shall post this information on the
department's publicly accessible Internet website by July 1,
2024.
(2) The guidelines may be developed in consultation with
interested organizations.
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(3) Upon development of the guidelines, the department
shall approve the guidelines for distribution and shall make
the guidelines available upon request.
(l) Best practices.--The department shall include, on the
department's publicly accessible Internet website, a
clearinghouse for best practices in training nonmedical
personnel to provide emergency medical assistance. The following
shall apply:
(1) Training established as specified under this
subsection shall include all of the following:
(i) Recognition and treatment of different types of
seizures.
(ii) Administration of an emergency anti-seizure
medication.
(iii) Basic emergency follow-up procedures,
including a requirement for the school or charter school
administrator or, if the administrator is not available,
another school staff member to call the emergency 911
telephone number and to contact the pupil's parent or
guardian. The requirement for the school or charter
school administrator or other school staff member to call
the emergency 911 telephone number may not require a
pupil to be transported to an emergency room.
(2) Techniques and procedures to ensure pupil privacy.
(3) Any written materials used in the training shall be
retained by the school or charter school.
(4) Training established as specified under this
subsection shall be conducted by one or more of the
following:
(i) A physician and surgeon.
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(ii) A physician assistant.
(iii) A credentialed school nurse.
(iv) A registered nurse.
(v) A certified public health nurse.
(5) Training provided in accordance with the
manufacturer's instructions, the pupil's health care
provider's instructions and guidelines established as
specified under this section shall be deemed adequate
training for purposes of this section.
(m) Reporting and records.--
(1) The school or charter school administrator or, if
the administrator is not available, another school staff
member shall notify the credentialed school nurse assigned to
the school district or charter school if an employee at the
school site provides emergency medical assistance.
(2) If a credentialed school nurse is not assigned to
the school district or charter school, the school or charter
school administrator or, if the administrator is not
available, another school staff member shall notify the
superintendent of the school district or the superintendent's
designee and the charter school administrator or the charter
school administrator's designee, as appropriate, if an
employee at the school site provides emergency medical
assistance.
(3) A school or charter school shall retain all records
relating to the administration of an emergency anti-seizure
medication while a pupil is under the supervision of school
staff.
(n) Required materials.--The pupil's parent or guardian
shall provide all materials necessary to provide emergency
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medical assistance. A school or charter school may not be
responsible for providing the necessary materials.
Section 2. This act shall take effect immediately.
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