Amendment #11 to H4617

Improving students’ access to life saving treatments

Mr. Kafka of Stoughton moves to amend the bill by adding at the end, the following section;

"SECTION XXX;

Section 1. Section 54B of chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

Not withstanding any general or special laws to the contrary, the department of elementary and secondary education and the department of public health shall jointly promulgate regulations for the emergency administration of glucagon to allow for the administration of glucagon by trained members of the school staff when a nurse is not present 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 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 the member of the school staff trained to administer glucagon shall volunteer to be trained.

Section 2.  Within 180 days of the passage of this act, the department of elementary and secondary education and the department of public health shall, pursuant to section 54B of chapter 71 of the General Laws, as amended by section 1, jointly promulgate regulations for the emergency administration of glucagon to allow for the administration of glucagon by trained members of the school staff when a nurse is not present and the student exhibits symptoms of severe hypoglycemia."