Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H590 Compare Versions

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22 HOUSE DOCKET, NO. 1368 FILED ON: 1/14/2025
33 HOUSE . . . . . . . . . . . . . . . No. 590
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kenneth I. Gordon
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to emergency stock supply of epinephrine in schools.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/14/2025Alyson M. Sullivan-Almeida7th Plymouth2/10/2025 1 of 2
1616 HOUSE DOCKET, NO. 1368 FILED ON: 1/14/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 590
1818 By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 590) of
1919 Kenneth I. Gordon and Alyson M. Sullivan-Almeida relative to emergency stock supply of
2020 epinephrine in schools. Education.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act relative to emergency stock supply of epinephrine in schools.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 8A of Chapter 69 of the General Laws, as appearing in the 2022
3030 2Official Edition, is hereby amended by inserting in line 33 after the word "resuscitation" the
3131 3following:- the administration of epi-pens.
3232 4 SECTION 2. Section 54B of chapter 71 of the General Laws is hereby amended by
3333 5striking the third paragraph and inserting in place thereof the following two paragraphs:-
3434 6 Notwithstanding any general or special law or regulation to the contrary, each school
3535 7shall, subject to appropriation, maintain a stock supply of non-patient specific epinephrine
3636 8available to all students, including students with individualized health care plans prescribing
3737 9epinephrine injections, to be administered in the event of an anaphylactic emergency. The
3838 10department of public health shall promulgate regulations requiring school districts to adopt and
3939 11implement policies pursuant to this section. Such regulations shall require that stock epinephrine
4040 12be stored in an easily accessible unlocked location, the number and type of epinephrine auto 2 of 2
4141 13injectors required be based on school population, that the individuals authorized to administer
4242 14epinephrine meet certain training requirements for such administration, including the use of
4343 15epinephrine dose calculation devices, and that the stock inventory be checked at regular intervals
4444 16for expiration and replacement. A school nurse or other authorized individual who provides,
4545 17administers, or assists in the administration of epinephrine to a student believed in good faith to
4646 18be having an anaphylactic reaction shall not be liable for any civil damages for negligence in acts
4747 19or omissions resulting from the rendering of such treatment. Whenever any employee of a school
4848 20district is covered by the immunity granted herein, the school district employing the individual
4949 21shall not be liable for any civil damages for negligence in acts or omissions resulting from the
5050 22rendering of such treatment.
5151 23 Notwithstanding any general or special law to the contrary, the cost of supplying non-
5252 24patient specific epinephrine to schools pursuant to this section shall be assessed on surcharge
5353 25payors as defined by section 64 of chapter 118E and may be collected in a manner consistent
5454 26with said chapter 118. All surcharge revenue generated under this section shall be collected in a
5555 27manner consistent with said chapter and department of public health regulation.