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| 2 | 2 | | HOUSE DOCKET, NO. 4412 FILED ON: 6/21/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4207 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rodney M. Elliott |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to airway clearance devices. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Rodney M. Elliott16th Middlesex6/21/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 4412 FILED ON: 6/21/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4207 |
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| 18 | 18 | | By Representative Elliott of Lowell, a petition (subject to Joint Rule 12) of Rodney M. Elliott for |
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| 19 | 19 | | legislation to authorize school districts to provide portable airway clearance devices on-site at |
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| 20 | 20 | | school facilities where instructions are provided. Education. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to airway clearance devices. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby |
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| 30 | 30 | | 2amended by inserting after section 54C the following section:- |
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| 31 | 31 | | 3 SECTION 54D. (a) Each school district, vocational district, charter school, approved |
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| 32 | 32 | | 4private day or residential school and collaborative school shall, subject to appropriation, provide |
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| 33 | 33 | | 5and maintain at least 1 portable airway clearance device on-site at each school facility where |
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| 34 | 34 | | 6instruction is provided. Each school nurse and school employee assigned to work in the school |
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| 35 | 35 | | 7cafeteria shall be trained in the use of a portable airway clearance device. For the purposes of this |
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| 36 | 36 | | 8section, “portable airway clearance device ” shall mean a portable medical device that uses |
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| 37 | 37 | | 9manually created suction to remove blockage from the airway during a choking emergency and |
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| 38 | 38 | | 10has been registered as a Class II acute upper airway obstruction device with the United States |
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| 39 | 39 | | 11Food and Drug Administration. This section shall take effect in a city or town as provided in 2 of 2 |
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| 40 | 40 | | 12section 4 of chapter 4 of the General Laws and in a regional school district by vote of the school |
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| 41 | 41 | | 13committee. |
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| 42 | 42 | | 14 (b) If a school system is unable to comply with the requirements of this section, the |
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| 43 | 43 | | 15superintendent of the school district, the administration of a private day or residential school, or |
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| 44 | 44 | | 16the board of trustees of a charter school, shall request a hardship waiver from the department of |
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| 45 | 45 | | 17elementary and secondary education. The Department of Elementary and Secondary Education, |
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| 46 | 46 | | 18in consultation with the Department of Public Health, shall make available to public schools a |
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| 47 | 47 | | 19list of grants and other funding sources that a public school may access to facilitate the purchase |
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| 48 | 48 | | 20of portable airway clearance devices. |
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| 49 | 49 | | 21 (c) A school employee on staff by a school subject to this section who, in good faith, |
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| 50 | 50 | | 22attempts to render emergency care, including the use of a portable airway clearance device, and |
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| 51 | 51 | | 23does so without compensation, shall not be liable for acts or omissions, other than gross |
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| 52 | 52 | | 24negligence or willful or wanton misconduct, resulting from the attempt to render such emergency |
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| 53 | 53 | | 25care. |
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| 54 | 54 | | 26 (d) The Department of Elementary and Secondary Education, in consultation with the |
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| 55 | 55 | | 27Department of Public Health, shall establish regulations and guidelines for the implementation, |
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| 56 | 56 | | 28training, support, and supervision of this section. |
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