Pennsylvania - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law addresses allergy plan.

Pennsylvania Unconsolidated Statutes Article XIV Section 1414.1. Possession and Use of Asthma Inhalers and Epinephrine Auto-Injectors.

(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 and epinephrine auto-injectors, 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, 29U.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.

(b) The policy under this section shall require a child of school age that desires to possess and self-administer an asthma inhaler or epinephrine auto-injector 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 or epinephrine auto-injector. 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 or epinephrine auto-injector. 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, the epinephrine auto-injector 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, the epinephrine auto-injector and the medication if the school policies are abused or ignored. A school entity that prevents a student from self-carrying an asthma inhaler or epinephrine auto-injector 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 classroom teachers of the places where the asthma inhaler or epinephrine auto-injector and medication are to be stored and the means to access them.


Pennsylvania Unconsolidated Statutes Article XIV Section 1422.3. Duties of Department of Education.

(6) In collaboration with the advisory health councils created in section 1422,4 the department shall develop guidelines for managing life-threatening food allergies in schools which shall be published on the department's Internet website. The guidelines shall be published on the department's Internet website no later than January 31, 2011. The guidelines shall assist school districts in addressing the following:

  • (i) The scope of the problem of childhood allergies and its impact on school student health.
  • (ii) Types of detailed policies and protocols to help prevent allergic reaction emergencies and deaths from anaphylaxis in schools.
  • (iii) The systematic planning and multidisciplinary team approach needed prior to school entry by the student with life-threatening food allergies.
  • (iv) The school district staff's role and necessary training in preventing exposure to specific allergens.
  • (v) Responsibilities of the parent or guardian, school staff and the student's primary care provider for notice, consentand documentation of administration of medication to a school student with a food allergy.
  • (vi) Emergency response protocols should a life-threatening allergic event occur.
  • (vii) The roles of specific staff members in the care of the student with a life-threatening allergic condition.


    Pennsylvania Unconsolidated Statutes Article XIV Section 1422.3. Duties of Department of Education.

(6) In collaboration with the advisory health councils created in section 1422,4 the department shall develop guidelines for managing life-threatening food allergies in schools which shall be published on the department's Internet website. The guidelines shall be published on the department's Internet website no later than January 31, 2011. The guidelines shall assist school districts in addressing the following:

  • (i) The scope of the problem of childhood allergies and its impact on school student health.
  • (ii) Types of detailed policies and protocols to help prevent allergic reaction emergencies and deaths from anaphylaxis in schools.
  • (iii) The systematic planning and multidisciplinary team approach needed prior to school entry by the student with life-threatening food allergies.
  • (iv) The school district staff's role and necessary training in preventing exposure to specific allergens.
  • (v) Responsibilities of the parent or guardian, school staff and the student's primary care provider for notice, consentand documentation of administration of medication to a school student with a food allergy.
  • (vi) Emergency response protocols should a life-threatening allergic event occur.
  • (vii) The roles of specific staff members in the care of the student with a life-threatening allergic condition.
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