SENATE DOCKET, NO. 1433        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 279

The Commonwealth of Massachusetts

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PRESENTED BY:

Barry R. Finegold

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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 improving students' access to life saving treatments.

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PETITION OF:

SENATE DOCKET, NO. 1433        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 279

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 335 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 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. Section 54B of chapter 71 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

Notwithstanding any general or special laws to the contrary, the department of public health shall promulgate regulations for the emergency administration of glucagon, in accordance with the student's Diabetes Medical Management Plan or health provider's orders, to allow for the administration of glucagon by trained members of the school staff when a nurse is not available and the student exhibits symptoms of severe hypoglycemia; provided, however, that the parent or legal guardian of the student has submitted in writing 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 shall not be held liable, except in cases of gross negligence or intentional misconduct, in a suit for damages as a result of his or her acts or omissions, nor shall such person be subject to any disciplinary action for such emergency aid; provided, further, that a trained member of the school staff who is not a nurse and administers glucagon shall not be considered to be practicing nursing; and provided, further, that the member of the school staff trained to administer glucagon shall volunteer to be trained.

SECTION 2. Within 180 days of the enactment, the department of public health shall, pursuant to section 54B of chapter 71 of the General Laws, as amended by section 1 of this act, promulgate regulations for the emergency administration of any form of glucagon to allow for the administration of glucagon by trained members of the school staff when a nurse is not available and the student exhibits symptoms of severe hypoglycemia.