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2 | 2 | | HOUSE DOCKET, NO. 1368 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 590 |
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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 | | Kenneth I. Gordon |
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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 emergency stock supply of epinephrine in schools. |
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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:Kenneth I. Gordon21st Middlesex1/14/2025Alyson M. Sullivan-Almeida7th Plymouth2/10/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 1368 FILED ON: 1/14/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 590 |
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18 | 18 | | By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 590) of |
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19 | 19 | | Kenneth I. Gordon and Alyson M. Sullivan-Almeida relative to emergency stock supply of |
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20 | 20 | | epinephrine in schools. 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-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to emergency stock supply of epinephrine in schools. |
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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 SECTION 1. Section 8A of Chapter 69 of the General Laws, as appearing in the 2022 |
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30 | 30 | | 2Official Edition, is hereby amended by inserting in line 33 after the word "resuscitation" the |
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31 | 31 | | 3following:- the administration of epi-pens. |
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32 | 32 | | 4 SECTION 2. Section 54B of chapter 71 of the General Laws is hereby amended by |
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33 | 33 | | 5striking the third paragraph and inserting in place thereof the following two paragraphs:- |
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34 | 34 | | 6 Notwithstanding any general or special law or regulation to the contrary, each school |
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35 | 35 | | 7shall, subject to appropriation, maintain a stock supply of non-patient specific epinephrine |
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36 | 36 | | 8available to all students, including students with individualized health care plans prescribing |
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37 | 37 | | 9epinephrine injections, to be administered in the event of an anaphylactic emergency. The |
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38 | 38 | | 10department of public health shall promulgate regulations requiring school districts to adopt and |
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39 | 39 | | 11implement policies pursuant to this section. Such regulations shall require that stock epinephrine |
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40 | 40 | | 12be stored in an easily accessible unlocked location, the number and type of epinephrine auto 2 of 2 |
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41 | 41 | | 13injectors required be based on school population, that the individuals authorized to administer |
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42 | 42 | | 14epinephrine meet certain training requirements for such administration, including the use of |
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43 | 43 | | 15epinephrine dose calculation devices, and that the stock inventory be checked at regular intervals |
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44 | 44 | | 16for expiration and replacement. A school nurse or other authorized individual who provides, |
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45 | 45 | | 17administers, or assists in the administration of epinephrine to a student believed in good faith to |
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46 | 46 | | 18be having an anaphylactic reaction shall not be liable for any civil damages for negligence in acts |
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47 | 47 | | 19or omissions resulting from the rendering of such treatment. Whenever any employee of a school |
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48 | 48 | | 20district is covered by the immunity granted herein, the school district employing the individual |
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49 | 49 | | 21shall not be liable for any civil damages for negligence in acts or omissions resulting from the |
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50 | 50 | | 22rendering of such treatment. |
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51 | 51 | | 23 Notwithstanding any general or special law to the contrary, the cost of supplying non- |
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52 | 52 | | 24patient specific epinephrine to schools pursuant to this section shall be assessed on surcharge |
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53 | 53 | | 25payors as defined by section 64 of chapter 118E and may be collected in a manner consistent |
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54 | 54 | | 26with said chapter 118. All surcharge revenue generated under this section shall be collected in a |
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55 | 55 | | 27manner consistent with said chapter and department of public health regulation. |
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