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