Section 2XXXX: Municipal Epinephrine Bulk Purchase Trust Fund
Section 2XXXX. (a) There shall be a Municipal Epinephrine Bulk Purchase Trust Fund to be administered and expended by the commissioner of public health or a designee for the municipal epinephrine bulk purchase program. Municipalities may join the program to purchase epinephrine for municipal first responder agencies and elementary and secondary schools located within the district. The state office of pharmacy services shall assist with the purchasing and distribution of epinephrine on behalf of the program. The department of public health shall provide technical assistance to participating municipalities to ensure that municipalities complete all training and registration requirements.
(b) The fund shall consist of: (i) payments made by participating municipalities for the purchase of epinephrine; (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Funds that are received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing epinephrine through the program. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. For the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system. The commissioner shall report annually not later than October 1 to the chairs of the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of the expenditures from the fund, the municipalities participating in the program, the amount of epinephrine purchased by each municipality and the discount procured through bulk purchasing.
(c) The department of public health may promulgate regulations or guidelines to implement the municipal epinephrine bulk purchase program established pursuant to this section.