SENATE DOCKET, NO. 462        FILED ON: 2/1/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1462

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jason M. Lewis

_________________

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 relative to the storage of epinephrine at schools.

_______________

PETITION OF:

SENATE DOCKET, NO. 462        FILED ON: 2/1/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1462

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1286 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to the storage of epinephrine at schools.

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. Section 54B of Chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following section:-

Section 54B. Notwithstanding any general or special law to the contrary, the department of public health shall promulgate regulations governing the administration of medications, including psychotropic medications to children in school settings, in accordance with Sections 7 and 9 of Chapter 94C. In developing such regulations, the department shall consult with the board of registration in nursing and the board of registration in medicine.

Notwithstanding any general or special law or regulation to the contrary, no school district shall prohibit students with asthma or other respiratory diseases from possessing and administering prescription inhalers or students with life-threatening allergies from possessing and administering epinephrine in accordance with department of public health regulations concerning students' self-administration of prescription medications.

Each school shall allow storage of epinephrine in a secure but unlocked place, as determined by the school nurse, accessible only to authorized persons, located in every part of the school grounds where an allergic student is most at risk, including, but not limited to, classrooms and lunchrooms.

Each school shall stock and allow only as many epinephrine doses as are conservatively and reasonably necessary to administer epinephrine safely and prudently to allergic students in emergency situations on school grounds. The Department shall issue guidance to schools to inform them on best practices, which shall be designed by the Department to ensure the safety of students while preventing the over-stocking of epinephrine in schools.

Notwithstanding any general or special law or regulation to the contrary, no school district shall prohibit students with cystic fibrosis from possessing and administering prescription enzyme supplements in accordance with department of public health regulations concerning students' self-administration of prescription medications.

Notwithstanding any general or special law or regulation to the contrary, a school district shall not prohibit a student with diabetes from possessing and administering a glucose monitoring test and insulin delivery system, in accordance with department of public health regulations concerning a student's self-administration of a prescription medication.