Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H4420 Introduced / Bill

Filed 02/26/2024

                    HOUSE . . . . . . . . No. 4420
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, February 26, 2024.
The committee on Education, to whom were referred the petition 
(accompanied by bill, House, No. 490) of Kenneth I. Gordon and Natalie 
M. Higgins relative to emergency stock supply of epinephrine in schools, 
the petition (accompanied by bill, House, No. 507) of Bradley H. Jones, 
Jr., and others that schools be required to maintain non-patient specific 
epinephrine auto-injectors to be used in the event of anaphylactic 
emergencies, the petition (accompanied by bill, House, No. 539) of Frank 
A. Moran and others relative to providing for diabetes management in 
schools, the petition (accompanied by bill, House, No. 552) of Edward R. 
Philips and Vanna Howard relative to the emergency administration of 
glucagon in schools, and the petition (accompanied by bill, House, No. 
556) of Edward R. Philips relative to undesignated glucagon rescue 
therapies in schools, reports recommending that the accompanying bill 
(House, No. 4420) ought to pass.
For the committee,
DENISE C. GARLICK. 1 of 2
        FILED ON: 2/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4420
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 emergency stock supply of epinephrine in schools.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 8A of Chapter 69 of the General Laws, as appearing in the 2020 
2Official Edition, is hereby amended by inserting in line 25 after the word "resuscitation" the 
3following: - the administration of non-patient specific epinephrine. 
4 SECTION 2. Section 54B of chapter 71 of the General Laws is hereby amended by 
5striking the third paragraph and inserting in place thereof the following paragraph: - 
6 Notwithstanding any general or special law or regulation to the contrary, each school 
7shall, subject to appropriation, maintain a stock supply of non-patient specific epinephrine in a 
8secure but unlocked place, as determined by the school nurse, accessible only to authorized 
9persons, located in every part of the school grounds where an allergic student is most at risk, 
10including, but not limited to, classrooms and lunchrooms. The stock shall be available to all 
11students, including students with individualized health care plans prescribing epinephrine 
12injections, to be administered in the event of an anaphylactic emergency. The department of 
13public health shall promulgate regulations requiring school districts to adopt and implement  2 of 2
14policies pursuant to this section. Such regulations shall require that the number and type of 
15epinephrine auto injectors that each school shall stock be based on school population; (ii) the 
16individuals authorized to administer epinephrine meet certain training requirements for such 
17administration, including the use of epinephrine dose calculation devices; and (iii) he stock 
18inventory be checked at regular intervals for expiration and replacement. A school nurse or other 
19authorized individual who 	provides, administers, or assists in the administration of epinephrine 
20to a student believed in good faith to be having an anaphylactic reaction shall not be liable for 
21any civil damages for negligence in acts or omissions resulting from the rendering of such 
22treatment. Whenever any employee of a school district is covered by the immunity granted 
23herein, the school district employing the individual shall not be liable for any civil damages for 
24negligence in acts or omissions resulting from the rendering of such treatment. 
25 SECTION 3. Notwithstanding any general or special law to the contrary, the department 
26of public health in conjunction with the department of elementary and secondary education shall 
27make all reasonable efforts to obtain federal funding or reimbursement for the implementation of 
28this act. The department of public health in conjunction with the department of elementary and 
29secondary education shall inquire about free epinephrine from pharmaceutical companies.