HOUSE DOCKET, NO. 694        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 417

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Louis L. Kafka

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act improving students’ access to life saving treatments.

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PETITION OF:

 

Name:

District/Address:

Louis L. Kafka

8th Norfolk

Claire D. Cronin

11th Plymouth

Elizabeth A. Poirier

14th Bristol

Walter F. Timilty

7th Norfolk

John W. Scibak

2nd Hampshire

Shawn Dooley

9th Norfolk

Michael O. Moore

Second Worcester

Marjorie C. Decker

25th Middlesex

Barbara A. L'Italien

Second Essex and Middlesex

Jonathan Hecht

29th Middlesex

Denise Provost

27th Middlesex

James R. Miceli

19th Middlesex

William N. Brownsberger

Second Suffolk and Middlesex


HOUSE DOCKET, NO. 694        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 417

By Mr. Kafka of Stoughton, a petition (accompanied by bill, House, No. 417) of Louis L. Kafka and others that students with diabetes attending public or private schools be permitted to possess certain medical supplies and administer necessary treatments.  Education.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act improving students’ access to life saving treatments.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 71 of the General Laws is hereby amended by inserting in section 54B by striking out the last paragraph and replacing therein the following:-

Notwithstanding any general or special law to the contrary, a student with diabetes who attends public or private primary, elementary, middle or high school shall be permitted to possess and administer any medical supplies reasonably required to perform blood glucose testing and to administer insulin and glucose or substitute, in any area within or on the grounds of the school or at a school related activity, at any time determined to be necessary by the student for the purposes of monitoring and treating their diabetes, provided that the parent or legal guardian of the student submits in writing to the principal, head of the school, and the school nurse that they give their permission for the student to test their blood glucose and to administer insulin and glucose or substitute, certify that the student agrees to take appropriate safeguards to prevent others in the school from being exposed to sharps or blood, and certify, along with a clinician who regularly treats the student for diabetes, that the student is competent to test their blood glucose and to administer insulin and glucose or substitute.

The Department of Education and Department of Public Health shall jointly promulgate regulations, within 180 days of the passage of this act, to allow for the administration of glucagon by a member(s) of the school staff when a nurse is not present and the student exhibits symptoms of severe hypoglycemia resulting in unconsciousness or seizures, provided, that the parent or legal guardian of the student submits in writing their permission for such emergency treatment to be rendered; provided further that a member of the school staff who, in good faith, administers glucagon to a student who exhibits symptoms of severe hypoglycemia resulting in unconsciousness or seizure shall not be held liable in a suit for damages as a result of his acts or omissions, nor shall such person be subject to any disciplinary action for such emergency aid.”