HB 656 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for administration of emergency anti-seizure medication.

PRINTER'S NO.   665

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 656
                                                 Session of
                                                   2025

     INTRODUCED BY BARTON, VENKAT, BRENNAN, FREEMAN, HOWARD,
        KENYATTA, KHAN, ROWE, WARREN, ZIMMERMAN, BOROWSKI, YOUNG,
        WATRO, PROBST, SANCHEZ, KUZMA, MADDEN AND INGLIS,
        FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 20, 2025


                                     AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," providing for administration of
 6      emergency anti-seizure medication.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding an
11   article to read:
12                               ARTICLE XIV-C
13                        ADMINISTRATION OF EMERGENCY
14                          ANTI-SEIZURE MEDICATION
15   Section 1401-C.    Scope of article.
16      This article relates to the administration of emergency anti-
17   seizure medication.
18   Section 1402-C.    Legislative findings and intent.
19      The General Assembly finds and declares that:
 1        (1)   It is the policy of this Commonwealth to promote the
 2    health, safety and general welfare of the people by
 3    establishing voluntary medical training to treat students
 4    with diabetes who are suffering from severe hypoglycemia.
 5        (2)   It is the policy of this Commonwealth to promote the
 6    health, safety and general welfare of the people by
 7    permitting a school district or charter school participation
 8    in a program to provide, in the absence of a school nurse or
 9    other licensed nurse onsite at the school or charter school,
10    emergency medical assistance to students with epilepsy
11    suffering from seizures.
12        (3)   In order to meet that goal, it is the intent of the
13    General Assembly that licensed health care professionals
14    train and supervise employees of school districts and charter
15    schools to administer an emergency anti-seizure medication to
16    children with epilepsy in public schools. The American
17    Academy of Pediatrics and the Epilepsy Foundation of America
18    support training of school employees to administer an
19    emergency anti-seizure medication and believe that an
20    emergency anti-seizure medication may be safely and
21    effectively administered by trained school employees.
22        (4)   It is the intent of the General Assembly that
23    individuals with exceptional needs and children with
24    disabilities under the Americans with Disabilities Act of
25    1990 (Public Law 101-336, 104 Stat. 327), the Individuals
26    with Disabilities Education Act and section 504 of the
27    Rehabilitation Act of 1973 shall have a right to an
28    appropriate educational opportunity to meet these
29    individuals' unique needs, and that children suffering from
30    seizures due to epilepsy have the right to appropriate

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 1      programs and services that are designed to meet the
 2      children's unique needs.
 3   Section 1403-C.    Definitions.
 4      The following words and phrases when used in this article
 5   shall have the meanings given to them in this section unless the
 6   context clearly indicates otherwise:
 7      "504 plan."    A plan created under section 504 of the
 8   Rehabilitation Act of 1973.
 9      "Department."     The Department of Education of the
10   Commonwealth.
11      "Emergency anti-seizure medication."          Nasal spray or a
12   similar remedy, vagus nerve stimulator magnets and other
13   nonrectal emergency medications and treatments approved by the
14   United States Food and Drug Administration for patients with
15   epilepsy for the management of seizures by persons without
16   medical credentials as required by the Commonwealth.
17      "Emergency medical assistance."          Administration of an
18   emergency anti-seizure medication to a student suffering from an
19   epileptic seizure.
20      "Individuals with Disabilities Education Act."          The
21   Individuals with Disabilities Education Act (Public Law 91-230,
22   20 U.S.C. § 1400 et seq.).
23      "Rehabilitation Act of 1973."          Rehabilitation Act of 1973
24   (Public Law 93-112, 29 U.S.C. § 701 et seq.).
25   Section 1404-C.    Administration of emergency anti-seizure
26               medication.
27      (a)   Nurse administration.--Emergency anti-seizure medication
28   may be administered by a school nurse who has been trained in
29   anti-seizure medication administration.
30      (b)   Nonmedical employees administration.--

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 1            (1)   In the absence of a school nurse or other licensed
 2      nurse onsite at the school or charter school, a school
 3      district or charter school may elect to participate in a
 4      program to allow nonmedical employees to volunteer to provide
 5      emergency medical assistance upon request by a parent or
 6      guardian.
 7            (2)   A school employee with voluntary emergency medical
 8      training shall provide emergency medical assistance in
 9      accordance with guidelines approved and provided on the
10      department's publicly accessible Internet website and the
11      performance instructions as specified by the licensed health
12      care provider of the student.
13      (c)   Exception.--A school employee who does not volunteer or
14   who has not been trained in emergency medical assistance may not
15   be required to provide emergency medical assistance.
16      (d)   Parental or guardian request.--
17            (1)   If a student with epilepsy has been prescribed an
18      emergency anti-seizure medication by the student's licensed
19      health care provider, the student's parent or guardian may
20      request the student's school to have one or more of the
21      school's employees receive emergency medical assistance
22      training as specified under subsection (e) in the event that
23      the student suffers a seizure when a nurse is not available.
24            (2)   Under section 504 of the Rehabilitation Act of 1973,
25      and the Individuals with Disabilities Education Act, upon
26      receipt of the parent's or guardian's request as specified
27      under this subsection, the school or charter school shall
28      notify the parent or guardian that the child may qualify for
29      services or accommodations under a 504 plan or an
30      individualized education program, assist the parent or

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 1      guardian with the exploration of that option and encourage
 2      the parent or guardian to adopt that option if it is
 3      determined that the child is eligible for a 504 plan or an
 4      individualized education program.
 5            (3)   The school or charter school may ask the parent or
 6      guardian to sign a notice verifying that the parent or
 7      guardian was given information about section 504 of the
 8      Rehabilitation Act of 1973 and the Individuals with
 9      Disabilities Education Act and that the parent or guardian
10      understands the right to request a 504 plan or an
11      individualized education program at any time.
12            (4)   If the parent or guardian does not choose to have
13      the student assessed for a 504 plan or an individualized
14      education program, the school or charter school may create an
15      individualized health plan, seizure action plan or other
16      appropriate health plan designed to acknowledge and prepare
17      for the child's health care needs in school. The plan may
18      include the involvement of a trained volunteer school
19      employee or a licensed vocational nurse.
20      (e)   Training.--In training employees under this article, the
21   school district or charter school shall ensure that:
22            (1)   A volunteer employee receives training from a
23      licensed health care professional regarding emergency medical
24      assistance. If the volunteer employee has not provided
25      emergency medical assistance within the prior two years and
26      there is a student enrolled in the school who may need the
27      administration of an anti-seizure medication, the volunteer
28      employee shall attend a new training program to retain the
29      ability to provide emergency medical assistance.
30            (2)   An agreement by an employee to provide emergency

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 1    medical assistance is voluntary and an employee of the school
 2    or charter school, an employee of the school district or the
 3    charter school administrator, may not directly or indirectly
 4    use or attempt to use the employee's authority or influence
 5    for the purpose of intimidating, threatening, coercing or
 6    attempting to intimidate, threaten or coerce an employee who
 7    does not choose to volunteer, including direct contact with
 8    the employee.
 9        (3)   An employee who volunteers under this section may
10    rescind the employee's offer to provide emergency medical
11    assistance up to three days after the completion of the
12    training. After that time, a volunteer may rescind the
13    volunteer's offer to provide emergency medical assistance
14    with a two-week notice, or until a new individualized health
15    plan or 504 plan has been developed for an affected student,
16    whichever is sooner.
17        (4)   The school or charter school shall distribute an
18    electronic notice no more than twice per school year per
19    child to all staff, that states the following information in
20    bold print:
21              (i)    A description of the volunteer request, stating
22        that the request is for volunteers to provide emergency
23        medical assistance in the absence of a school nurse, and
24        that the emergency anti-seizure medication is a Food and
25        Drug Administration-approved, predosed, nasal remedy or
26        magnet therapy for those with a vagus nerve stimulator
27        that reduces the severity of epileptic seizures.
28              (ii)    A description of the training that the
29        volunteer will receive under paragraph (1).
30              (iii)    A description of the voluntary nature of the

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 1            volunteer program, which includes the information
 2            described in paragraph (2).
 3                  (iv)   The volunteer rescission time lines described
 4            in paragraph (3).
 5            (5)   The electronic notice described in paragraph (4)
 6      shall be the only means by which a school or charter school
 7      solicits volunteers.
 8      (f)   Timing.--An employee who volunteers as specified under
 9   this section may not be required to provide emergency medical
10   assistance until completion of the training program adopted by
11   the school district or charter school, and documentation of
12   completion is recorded in the employee's personnel file.
13      (g)   Liability.--If a school district or charter school
14   elects to participate as specified under subsection (b), the
15   school district or charter school shall be immune from liability
16   for the good faith conduct of an employee acting under this
17   section and shall ensure that each employee who volunteers shall
18   be provided defense and indemnification by the school district
19   or charter school for any and all civil liability. This
20   information shall be reduced to writing, provided to the
21   volunteer and retained in the volunteer's personnel file.
22      (h)   Accommodations notice.--If there are no volunteers, the
23   school district or charter school shall notify the student's
24   parent or guardian of the option to be assessed for services and
25   accommodations guaranteed under section 504 of the
26   Rehabilitation Act of 1973 and the Individuals with Disabilities
27   Education Act.
28      (i)   Creation of program.--A school district or charter
29   school that elects to participate as specified under subsection
30   (b) shall have in place a school district or charter school plan

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 1   that includes all of the following:
 2          (1)   Identification of existing licensed staff within the
 3      district or region who may be trained in the administration
 4      of emergency medical assistance.
 5          (2)   Identification of students who may require the
 6      administration of emergency medical assistance.
 7          (3)   Written authorization from the parent or guardian
 8      for a nonmedical school employee to administer emergency
 9      medical assistance.
10          (4)   The requirement that the parent or guardian be
11      notified by the school or charter school if the student has
12      had an emergency anti-seizure medication administered within
13      the past four hours on a school day.
14          (5)   Notification of the parent or guardian, by the
15      school or charter school administrator or, if the
16      administrator is not available, by another school staff
17      member, that an emergency anti-seizure medication has been
18      administered.
19          (6)   A written statement from the student's health care
20      practitioner that includes:
21                (i)    The student's name.
22                (ii)    The name and purpose of the medication.
23                (iii)    The prescribed dosage.
24                (iv)    Detailed seizure symptoms, including frequency,
25          type or length of seizures that identify when the
26          administration of emergency medical assistance becomes
27          necessary.
28                (v)    The method of administration of anti-seizure
29          medication.
30                (vi)    The frequency with which the medication may be

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 1            administered.
 2                  (vii)    The circumstances under which the medication
 3            may be administered.
 4                  (viii)    Any potential adverse responses by the
 5            student and recommended mitigation actions, including
 6            when to call emergency services.
 7                  (ix)    A protocol for observing the student after a
 8            seizure, including whether the student should rest in the
 9            school office, whether the student may return to class
10            and the length of time the student should be under direct
11            supervision.
12                  (x)    Following a seizure, the student's parent or
13            guardian and the school nurse shall be contacted by the
14            school or charter school administrator or, if the
15            administrator is not available, by another school staff
16            member to continue the observation plan as established in
17            subparagraph (ix).
18      (j)   Compensation.--A school district or charter school that
19   elects to allow volunteers to provide emergency medical
20   assistance shall compensate a volunteer, in accordance with that
21   employee volunteer's pay scale, when the administration of
22   emergency medical assistance requires a volunteer to work beyond
23   the volunteer's normally scheduled hours.
24      (k)   Guidelines.--
25            (1)   The department, in consultation with the United
26      States Department of Health and Human Services, shall develop
27      guidelines for the training and supervision of school and
28      charter school employees in providing emergency medical
29      assistance and shall post this information on the
30      department's publicly accessible Internet website by December

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 1      31, 2025.
 2            (2)   The guidelines may be developed in consultation with
 3      interested organizations.
 4            (3)   Upon development of the guidelines, the department
 5      shall approve the guidelines for distribution and shall make
 6      the guidelines available upon request.
 7      (l)   Best practices.--The department shall include, on the
 8   department's publicly accessible Internet website, a
 9   clearinghouse for best practices in training nonmedical
10   personnel to provide emergency medical assistance. The following
11   shall apply:
12            (1)   Training under this article shall include all of the
13      following:
14                  (i)    Recognition and treatment of different types of
15            seizures.
16                  (ii)    Administration of an emergency anti-seizure
17            medication.
18                  (iii)    Basic emergency follow-up procedures,
19            including a requirement for the school or charter school
20            administrator or, if the administrator is not available,
21            another school staff member to call the emergency 911
22            telephone number and to contact the student's parent or
23            guardian. The requirement for the school or charter
24            school administrator or other school staff member to call
25            the emergency 911 telephone number may not require a
26            student to be transported to an emergency room.
27            (2)   Techniques and procedures shall ensure student
28      privacy.
29            (3)   Any written materials used in the training shall be
30      retained by the school or charter school.

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 1          (4)    Training under this article shall be conducted by
 2    one or more of the following:
 3                 (i)    A physician who holds a license to practice
 4          under the act of December 20, 1985 (P.L.457, No.112),
 5          known as the Medical Practice Act of 1985, or the act of
 6          October 5, 1978 (P.L.1109, No.261), known as the
 7          Osteopathic Medical Practice Act.
 8                 (ii)    A physician assistant who holds a license to
 9          practice under the Medical Practice Act or the
10          Osteopathic Medical Practice Act.
11                 (iii)    A school nurse as defined in section 1401.
12                 (iv)    A registered nurse who holds a license to
13          practice professional nursing under the act of May 22,
14          1951 (P.L.317, No.69), known as The Professional Nursing
15          Law.
16          (5)    Training provided in accordance with the
17    manufacturer's instructions, the student's health care
18    provider's instructions and guidelines established as
19    specified under this section shall be deemed adequate
20    training for purposes of this section.
21    (m)   Reporting and records.--
22          (1)    The school or charter school administrator or, if
23    the administrator is not available, another school staff
24    member shall notify the credentialed school nurse assigned to
25    the school district or charter school if an employee at the
26    school site provides emergency medical assistance.
27          (2)    If a credentialed school nurse is not assigned to
28    the school district or charter school, the school or charter
29    school administrator or, if the administrator is not
30    available, another school staff member shall notify the

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 1      superintendent of the school district or the superintendent's
 2      designee and the charter school administrator or the charter
 3      school administrator's designee, as appropriate, if an
 4      employee at the school site provides emergency medical
 5      assistance.
 6            (3)   A school or charter school shall retain all records
 7      relating to the administration of an emergency anti-seizure
 8      medication while a student is under the supervision of school
 9      staff.
10      (n)   Required materials.--The student's parent or guardian
11   shall provide all materials necessary to provide emergency
12   medical assistance. A school or charter school may not be
13   responsible for providing the necessary materials.
14      Section 2.    This act shall take effect immediately.




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