HOUSE DOCKET, NO. 227        FILED ON: 1/11/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 490

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth I. Gordon

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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 relative to emergency stock supply of epinephrine in schools.

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PETITION OF:

HOUSE DOCKET, NO. 227        FILED ON: 1/11/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 490

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 604 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to emergency stock supply of epinephrine in 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 8A of Chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 25 after the word "resuscitation" the following:- the administration of epi-pens.

SECTION 2. Section 54B of chapter 71 of the General Laws is hereby amended by striking the third paragraph and inserting in place thereof the following two paragraphs:-

Notwithstanding any general or special law or regulation to the contrary, each school shall, subject to appropriation, maintain a stock supply of non-patient specific epinephrine available to all students, including students with individualized health care plans prescribing epinephrine injections, 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, including the use of epinephrine dose calculation devices, 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.

Notwithstanding any general or special law to the contrary, the cost of supplying non-patient specific epinephrine to schools pursuant to this section shall be assessed on surcharge payors as defined by section 64 of chapter 118E and may be collected in a manner consistent with said chapter 118. All surcharge revenue generated under this section shall be collected in a manner consistent with said chapter and department of public health regulation.