Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2621 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 556
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward R. Philips
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to undesignated glucagon rescue therapies in schools.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/19/2023 1 of 4
16	16	HOUSE DOCKET, NO. 2621 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 556
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 556) of
19	19	Edward R. Philips relative to undesignated glucagon rescue therapies in schools. Education.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to undesignated glucagon rescue therapies in schools.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1: The General Laws, as appearing in the 2020 Official Edition, are hereby
29	29	2amended by inserting after section 54B of chapter 71 the following section:-
30	30	3 SECTION 54B1/2. UNDESIGNATED GLUCAGON RESCUE THERAPIES
31	31	4 (a)For the purposes of this section, the following terms shall have the following
32	32	5meanings unless the context clearly requires otherwise:
33	33	6 "Diabetes care plan", a document that specifies the diabetes-related services needed by a
34	34	7student at school and at school-sponsored activities and identifies the appropriate staff to provide
35	35	8and supervise these services.
36	36	9 "Health care provider", a physician licensed to practice medicine in all of its branches,
37	37	10advanced practice registered nurse who has a written agreement with a collaborating physician
38	38	11who authorizes the provision of diabetes care, or a physician assistant who has a written 2 of 4
39	39	12supervision agreement with a supervising physician who authorizes the provision of diabetes
40	40	13care.
41	41	14 "Principal", the principal of the school.
42	42	15 "School", any primary or secondary public school located in the Commonwealth.
43	43	16 "School personnel", a person who is employed by a public school district, a person who
44	44	17is employed by a local health department and assigned to a school, or a person who contracts
45	45	18with a school or school district to perform services in connection with a student's diabetes care
46	46	19plan.
47	47	20 "Ready-to-use undesignated glucagon rescue therapy", a glucagon rescue therapy
48	48	21approved by the U.S. Food and Drug Administration that does not require reconstitution for the
49	49	22treatment of severe hypoglycemia in a dosage form that can be rapidly administered to the
50	50	23patient in an emergency.
51	51	24 (b) A school district shall obtain a standing order of ready-to-use undesignated glucagon
52	52	25rescue therapy in which a licensed health care provider with the authority to prescribe ready-to-
53	53	26use glucagon rescue therapy may prescribe ready-to-use glucagon rescue therapy in the name of
54	54	27the school district or school to be maintained for use when necessary. Ready-to-use undesignated
55	55	28glucagon rescue therapy prescriptions must be accompanied by a standing order for the
56	56	29administration of school supplied, ready-to-use undesignated glucagon rescue therapy for
57	57	30potentially severe hypoglycemic reactions.
58	58	31 (c) A school may maintain a supply of a ready-to-use undesignated glucagon rescue
59	59	32therapy in any secure location that is immediately accessible to school personnel. Any supply of 3 of 4
60	60	33ready-to-use undesignated glucagon rescue therapies must be maintained in accordance with the
61	61	34manufacturer's instructions. School personnel may administer a ready-to-use undesignated
62	62	35glucagon rescue therapy that does not require reconstitution if the student's prescribed glucagon
63	63	36is not available on-site or has expired.
64	64	37 (d) Ready-to-use undesignated glucagon rescue therapies may be used on school
65	65	38property, including the school building, playground, and school bus, as well as during field trips
66	66	39or sanctioned excursions away from school property.
67	67	40 (e) If a student is injured or harmed due to the administration of ready-to-use
68	68	41undesignated glucagon rescue therapy that a licensed health professional with prescribing
69	69	42authority has prescribed and a pharmacist has dispensed to a school under this section, the
70	70	43licensed health professional with prescribing authority and pharmacist may not be held
71	71	44responsible for the injury unless he or she issued the prescription with a conscious disregard for
72	72	45safety.
73	73	46 (f) In the event school personnel administers ready-to-use undesignated glucagon rescue
74	74	47therapy to a student who the nurse in good faith believes to be experiencing a severe
75	75	48hypoglycemic reaction and administers the medication in accordance with the written policies of
76	76	49the school district, then the school personnel, the school district or school of employment, and
77	77	50the members of the governing board and chief administrator thereof are not liable in any criminal
78	78	51action or for civil damages in their individual, marital, governmental, corporate, or other capacity
79	79	52as a result of providing the glucagon.
80	80	53 (g) Immediately after the administration of undesignated glucagon, a school must call
81	81	54911 for emergency assistance and notify the school nurse, unless the school nurse was the one 4 of 4
82	82	55administering the undesignated glucagon, and the student's parent or guardian or emergency
83	83	56contact, if known, and health care provider of its use.