HB 928 — 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.

PRINTER'S NO.   992

                     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 AND MALAGARI,
        MARCH 17, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 17, 2025


                                     AN ACT
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in epinephrine auto-injector entities,
 3      further providing for definitions and for epinephrine auto-
 4      injectors for authorized entities.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The definitions of "authorized entity" and
 8   "epinephrine auto-injector" in section 5502 of Title 35 of the
 9   Pennsylvania Consolidated Statutes are amended to read:
10   § 5502.    Definitions.
11      The following words and phrases when used in this chapter
12   shall have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      * * *
15      "Authorized entity."     Any entity or organization, other than
16   a school entity or a nonpublic school under section 1414.2 of
 1   the act of March 10, 1949 (P.L.30, No.14), known as the Public
 2   School Code of 1949, which has an employee or agent who has
 3   completed the required training and at which allergens capable
 4   of causing anaphylaxis may be present, including, but not
 5   limited to:
 6             (1)    recreation camps;
 7             (2)    colleges and universities;
 8             [(3)    day-care facilities;]
 9             (4)    youth sports leagues;
10             (5)    amusement parks;
11             (6)    restaurants;
12             (7)    places of employment;
13             (8)    sports arenas; and
14             (9)    law enforcement agencies.
15      * * *
16      "Epinephrine auto-injector."          A single-use device used for
17   the automatic injection of a premeasured appropriate weight-
18   based dose of epinephrine into the human body.
19      * * *
20      Section 2.       Section 5503 of Title 35 is amended to read:
21   § 5503.    Epinephrine auto-injectors for authorized entities and
22                    day-care facilities.
23      (a)    Prescribing and dispensing.--Notwithstanding any
24   provision of law to the contrary, a health care practitioner
25   with prescriptive authority may prescribe epinephrine auto-
26   injectors in the name of an authorized entity or day-care
27   facility for use in accordance with this section. Pharmacists
28   and health care practitioners may dispense epinephrine auto-
29   injectors pursuant to a prescription issued in the name of an
30   authorized entity or day-care facility.

20250HB0928PN0992                         - 2 -
 1    (b)   Supply.--
 2          [(1)]   An authorized entity may acquire and stock a
 3    supply of epinephrine auto-injectors pursuant to a
 4    prescription issued in accordance with this section. [The
 5    epinephrine auto-injectors shall be stored:
 6                (i)    in a location readily accessible in an
 7          emergency; and
 8                (ii)    in accordance with:
 9                       (A)   the epinephrine auto-injector's instructions
10                for use; and
11                       (B)   any additional requirements that may be
12                established by the department.
13          (2)   An authorized entity shall designate employees or
14    agents who have completed the training required under
15    subsection (d) to be responsible for the storage,
16    maintenance, control and general oversight of epinephrine
17    auto-injectors acquired by the authorized entity.] A day-care
18    facility shall, subject to the availability of funding by the
19    department, acquire and stock a supply of epinephrine auto-
20    injectors pursuant to a prescription issued in accordance
21    with this section.
22    (b.1)   Storage.--
23          (1)   An epinephrine auto-injector shall be stored:
24                (i)    in a location readily accessible in an
25          emergency; and
26                (ii)    in accordance with:
27                       (A)   the epinephrine auto-injector's instructions
28                for use; and
29                       (B)   any additional requirements that may be
30                established by the department.

20250HB0928PN0992                       - 3 -
 1            (2)   An authorized entity or day-care facility shall
 2      designate an employee or agent who has completed the required
 3      training under subsection (d) to be responsible for the
 4      storage, maintenance, control and general oversight of
 5      epinephrine auto-injectors acquired by the authorized entity
 6      or day-care facility.
 7      (c)   Use.--An employee or agent of an authorized entity or
 8   other individual associated with the entity or day-care facility
 9   who has completed the training required under subsection (d) may
10   use epinephrine auto-injectors prescribed under subsection (a)
11   to do any of the following:
12            (1)   Provide an epinephrine auto-injector for immediate
13      administration to any individual, or the parent, guardian or
14      caregiver of the individual, who the employee, agent or other
15      individual associated with the entity believes, in good
16      faith, is experiencing anaphylaxis, regardless of whether the
17      individual has a prescription for an epinephrine auto-
18      injector or has previously been diagnosed with an allergy.
19            (2)   Administer an epinephrine auto-injector to any
20      individual who the employee, agent or other individual
21      believes, in good faith, is experiencing anaphylaxis,
22      regardless of whether the individual has a prescription for
23      an epinephrine auto-injector or has previously been diagnosed
24      with an allergy.
25      (d)   Training.--
26            (1)   An employee or agent of the authorized entity or
27      other individual associated with the entity or day-care
28      facility shall complete an anaphylaxis training program as
29      required by the department. The training shall be conducted
30      by a nationally recognized organization experienced in

20250HB0928PN0992                    - 4 -
 1      training laypersons in emergency health treatment, a health
 2      care practitioner employed or contracted by the authorized
 3      entity or day-care facility, or an entity or individual
 4      approved by the department. The department may approve
 5      specific entities or individuals or may approve classes of
 6      entities or individuals to conduct the training. Training may
 7      be conducted online or in person and, at a minimum, shall
 8      cover:
 9                (i)    how to recognize signs and symptoms of severe
10          allergic reactions, including anaphylaxis;
11                (ii)    standards and procedures for the storage and
12          administration of an epinephrine auto-injector; and
13                (iii)    emergency follow-up procedures.
14          (2)    The entity or individual that conducts the training
15      shall issue a certificate, on a form developed or approved by
16      the department, to each individual who successfully completes
17      the anaphylaxis training program.
18      (d.1)    Informational materials for day-care facilities.--The
19   department, in consultation with the Department of Human
20   Services, shall develop, within 90 days of the effective date of
21   this subsection, informational materials for a day-care facility
22   to distribute to a parent or guardian of a child in the
23   facility's care. The following shall apply:
24          (1)    The materials shall include the following:
25                (i)    Signs and symptoms of allergic reactions,
26          including anaphylaxis.
27                (ii)    The requirements under subsections (a), (b),
28          (b.1), (c) and (d).
29                (iii)    If an incident involving an allergic reaction
30          occurs, any emergency treatment procedures to be followed

20250HB0928PN0992                     - 5 -
 1          by facility staff.
 2                (iv)    Any food allergy policy the center has in
 3          place, including implementation of a plan specific to a
 4          child.
 5          (2)   The department shall update the informational
 6    materials on a triennial basis.
 7          (3)   A day-care facility shall provide the informational
 8    materials to a parent or guardian of a child in its care on
 9    an annual basis.
10    (e)   Good Samaritan protections.--
11          (1)   The following shall not be liable for any injuries
12    or related damages that result from any act or omission taken
13    under this section:
14                (i)    An authorized entity or day-care facility that
15          possesses and makes available epinephrine auto-injectors
16          and its employees, agents and other individuals
17          associated with the entity;
18                (ii)    a health care practitioner that prescribes or
19          dispenses epinephrine auto-injectors to an authorized
20          entity or day-care facility;
21                (iii)    a pharmacist or health care practitioner that
22          dispenses epinephrine auto-injectors to an authorized
23          entity or day-care facility; and
24                (iv)    an individual or entity that conducts the
25          training described under subsection (d).
26          (2)   The immunity provided under paragraph (1) shall not
27    apply to acts or omissions constituting intentional
28    misconduct or gross negligence.
29          (3)   The administration of an epinephrine auto-injector
30    in accordance with this section shall not be considered the

20250HB0928PN0992                     - 6 -
 1    practice of medicine or any other profession that otherwise
 2    requires licensure.
 3        (4)   This subsection shall not eliminate, limit or reduce
 4    any other immunity or defense that may be available under
 5    law, including that provided under 42 Pa.C.S. § 8332
 6    (relating to emergency response provider and bystander good
 7    Samaritan civil immunity).
 8        (5)   An entity located in this Commonwealth shall not be
 9    liable for any injuries or related damages that result from
10    the provision or administration of an epinephrine auto-
11    injector outside of this Commonwealth if the entity:
12              (i)    would not have been liable for the injuries or
13        related damages had the provision or administration
14        occurred within this Commonwealth; or
15              (ii)    is not liable for the injuries or related
16        damages under the law of the state in which the provision
17        or administration occurred.
18    Section 3.      This act shall take effect in 60 days.




20250HB0928PN0992                   - 7 -