8337 - Civil immunity of school officers or employees relating to drug or alcohol abuse.

     § 8337.  Civil immunity of school officers or employees relating                to drug or alcohol abuse.        (a)  General rule.--Any officer or employee of a school who,     in the scope of official duty, reports drug or alcohol abuse     involving a student to another officer or employee of the     school, to a parent, legal guardian or spouse of the student or     who refers a student for treatment or counseling or for     disciplinary action by school authorities relating to drug or     alcohol abuse shall not be liable to the student or the parents,     legal guardian or spouse of the student for civil damages as a     result of any negligent statements, acts or omissions undertaken     in good faith for the purposes set forth in this section. This     subsection shall also apply to school authorities who have been     designated to handle disciplinary cases for negligent     statements, acts or omissions undertaken in good faith in     reporting a student for drug or alcohol abuse to a law     enforcement officer in accordance with school policy or     procedures and based upon a reasonable belief that a crime has     been, is being or will be committed. This subsection does not     apply to any statement, acts or omissions which are     intentionally designed to harm or which are grossly negligent     and result in harm to the student.        (b)  Definitions.--As used in this section the following     words and phrases shall have the meanings given to them in this     subsection:        "Drug and alcohol abuse."  The unauthorized use, possession     or distribution of:            (1)  Alcohol, as defined in the act of April 12, 1951        (P.L.90, No.21), known as the Liquor Code.            (2)  Any controlled substance, drug, drug paraphernalia        or counterfeit drug as defined in the act of September 27,        1961 (P.L.1700, No.699), known as the Pharmacy Act, or the        act of April 14, 1972 (P.L.233, No.64), known as The        Controlled Substance, Drug, Device and Cosmetic Act.     The term includes any act prohibited under section 8 of the     Pharmacy Act or section 13(a)(15) or (16) of The Controlled     Substance, Drug, Device and Cosmetic Act.        "Officer or employee of a school."  A school director,     principal, superintendent, teacher, guidance counselor, support     staff member or other educational or medical employee employed     in a day or residential school which provides preschool,     kindergarten, elementary or secondary education in this     Commonwealth, at either a public or nonpublic school.        (c)  Political subdivision tort claims.--This section shall     not reduce or impair the protections afforded by Subchapter C of     Chapter 85 (relating to actions against local parties).     (May 30, 1984, P.L.337, No.67, eff. 30 days)        1984 Amendment.  Act 67 added section 8337.