SENATE DOCKET, NO. 1030        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 634

The Commonwealth of Massachusetts

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PRESENTED BY:

Eric P. Lesser

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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 to establish a state Epinephrine bulk purchase program.

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PETITION OF:

SENATE DOCKET, NO. 1030        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 634

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to establish a state Epinephrine bulk purchase program.

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 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 2VVVV the following section:-

     Section 2WWWW.  (a) There shall be a Municipal Epinephrine Bulk Purchase Trust Fund to be administered and expended by the commissioner of public health or a designee for the municipal epinephrine bulk purchase program.  Municipalities may join the program to purchase epinephrine for municipal first responder agencies and elementary and secondary schools located within the district.  The state office of pharmacy services shall assist with the purchasing and distribution of epinephrine on behalf of the program.  The department of public health shall provide technical assistance to participating municipalities to ensure that municipalities complete all training and registration requirements.

     (b)  The fund shall consist of: (i) payments made by participating municipalities for the purchase of epinephrine; (ii) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund.  Funds received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing epinephrine through the program.  Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund.  The commissioner shall report annually not later than October 1 to the house and senate committees on ways and means on the fund’s activity.  The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund, the municipalities participating in the program, the amount of epinephrine purchased by each municipality and the discount procured through bulk purchasing.

SECTION 2. The department of public health may promulgate regulations or guidelines to implement the municipal epinephrine bulk purchase program established pursuant to section 2WWWW of chapter 29 of the General Laws, as appearing in section 1 above.