SECTION 1. Section 54B of chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the third paragraph and inserting in place thereof the following:—
Notwithstanding any general or special law or regulation to the contrary, each school shall maintain a stock supply of non-patient specific epinephrine to be administered in the event of an anaphylactic emergency. The department of public health shall promulgate regulations requiring school districts to adopt and implement policies pursuant to this section. Such regulations shall require that stock epinephrine be stored in an easily accessible unlocked location, the number and type of epinephrine auto-injectors required be based on school population, that the individuals authorized to administer epinephrine meet certain training requirements for such administration, and that the stock inventory be checked at regular intervals for expiration and replacement. A school nurse or other authorized individual who provides, administers, or assists in the administration of epinephrine to a student believed in good faith to be having an anaphylactic reaction shall not be liable for any civil damages for negligence in acts or omissions resulting from the rendering of such treatment. Whenever any employee of a school district is covered by the immunity granted herein, the school district employing the individual shall not be liable for any civil damages for negligence in acts or omissions resulting from the rendering of such treatment.
SECTION 2. Notwithstanding any general or special law to the contrary, the department of public health in conjunction with the department of elementary and secondary education shall make all reasonable efforts to obtain federal funding or reimbursement for the implementation of this act. The department of public health in conjunction with the department of elementary and secondary education shall inquire about free epinephrine from pharmaceutical companies.
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