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| 2 | 2 | | SENATE DOCKET, NO. 149 FILED ON: 1/8/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1478 |
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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 | | William N. Brownsberger |
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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 to reduce the risks associated with allergic reactions. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :William N. BrownsbergerSuffolk and Middlesex 1 of 4 |
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| 16 | 16 | | SENATE DOCKET, NO. 149 FILED ON: 1/8/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1478 |
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| 18 | 18 | | By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1478) of William N. |
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| 19 | 19 | | Brownsberger for legislation to reduce the risks associated with allergic reactions by enhancing |
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| 20 | 20 | | the availability of epi-pens. Public Health. |
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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 to reduce the risks associated with allergic reactions. |
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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. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, |
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| 30 | 30 | | 2is hereby amended by inserting after section 244 the following section:- |
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| 31 | 31 | | 3 Section 245. (a) Notwithstanding any general or special law to the contrary, the |
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| 32 | 32 | | 4Department of Public Health shall promulgate regulations to allow businesses and other entities |
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| 33 | 33 | | 5to be prescribed epinephrine auto-injectors for the purposes of: |
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| 34 | 34 | | 6 (1) providing an epinephrine auto-injector for immediate self-administration to any |
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| 35 | 35 | | 7individual that an employee, designated individual, agent of the business, or other entity believes |
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| 36 | 36 | | 8in good faith may be experiencing anaphylaxis, regardless of whether the individual has a |
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| 37 | 37 | | 9prescription for an epinephrine auto-injector or has previously been diagnosed as being at risk of |
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| 38 | 38 | | 10anaphylaxis due to an allergy; and 2 of 4 |
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| 39 | 39 | | 11 (2) administering an epinephrine auto-injector to any individual by an employee, |
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| 40 | 40 | | 12designated individual, or agent who has successfully completed the applicable training required |
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| 41 | 41 | | 13by regulation in accordance with this section. |
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| 42 | 42 | | 14 (b) A business or other entity that possesses and makes available epinephrine auto- |
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| 43 | 43 | | 15injectors in accordance with this section and its employees, designated individuals, and agents; |
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| 44 | 44 | | 16an individual authorized to administer epinephrine auto-injectors pursuant to subsection (c); a |
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| 45 | 45 | | 17health care professional that prescribes or dispenses epinephrine auto-injectors pursuant to this |
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| 46 | 46 | | 18section; and a person who conducts the applicable training shall not be liable for any injuries or |
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| 47 | 47 | | 19damages that result from any act or omission related to the administration or self-administration |
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| 48 | 48 | | 20of an epinephrine auto-injector in accordance with this section that may constitute ordinary |
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| 49 | 49 | | 21negligence. This immunity does not apply to acts or omissions constituting gross, willful, or |
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| 50 | 50 | | 22wanton negligence. The administration of an epinephrine auto-injector in accordance with this |
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| 51 | 51 | | 23section is not the practice of medicine. |
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| 52 | 52 | | 24 (c) Any business or other entity that possesses epinephrine auto-injectors pursuant to this |
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| 53 | 53 | | 25section may make such epinephrine auto-injectors available to individuals other than those |
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| 54 | 54 | | 26trained individuals described in subsection (a), and such individuals may administer such |
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| 55 | 55 | | 27epinephrine auto-injectors to any individual believed in good faith to be experiencing |
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| 56 | 56 | | 28anaphylaxis, if the epinephrine auto-injectors are stored in a locked, secure container and are |
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| 57 | 57 | | 29made available only upon remote authorization by a licensed physician or nurse practitioner after |
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| 58 | 58 | | 30consultation with the physician or nurse practitioner by audio, televideo, or other similar means |
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| 59 | 59 | | 31of electronic communication. Consultation with a physician or nurse practitioner for this purpose |
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| 60 | 60 | | 32shall not be considered the practice of telemedicine or otherwise be construed as violating any |
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| 61 | 61 | | 33law or rule regulating the physician or nurse practitioner’s practice. 3 of 4 |
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| 62 | 62 | | 34 SECTION 2. (a) No later than 180 days following enactment, the department of public |
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| 63 | 63 | | 35health shall adopt regulations necessary to carry out the provisions of this act. The regulations |
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| 64 | 64 | | 36adopted shall: |
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| 65 | 65 | | 37 (1) Require each business or other entity that acquires epinephrine auto-injectors in |
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| 66 | 66 | | 38accordance with this section to submit, on a form developed by the department, a report of each |
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| 67 | 67 | | 39incident on the premises of the business or other entity involving a severe allergic reaction or the |
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| 68 | 68 | | 40administration of an epinephrine auto-injector. |
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| 69 | 69 | | 41 (2) Provide for the development and publication of an annual report by the department |
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| 70 | 70 | | 42compiling, summarizing, and analyzing all incident reports submitted pursuant to paragraph (1) |
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| 71 | 71 | | 43of this section. |
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| 72 | 72 | | 44 (3) Establish detailed standards for training programs that must be completed by |
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| 73 | 73 | | 45employees, designated individual, and agents of a business or other entity prior to administering |
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| 74 | 74 | | 46an epinephrine auto-injector made available by the business or other entity. Such training shall |
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| 75 | 75 | | 47be conducted by a licensed physician or nurse practitioner or by a nationally recognized |
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| 76 | 76 | | 48organization experienced in training laypersons in emergency health treatment approved by the |
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| 77 | 77 | | 49department. Training may be conducted online and, at a minimum, shall cover: |
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| 78 | 78 | | 50 (i) techniques on how to recognize symptoms of severe allergic reactions, including |
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| 79 | 79 | | 51anaphylaxis; |
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| 80 | 80 | | 52 (ii) standards and procedures for the storage and administration of an epinephrine auto- |
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| 81 | 81 | | 53injector; and |
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| 82 | 82 | | 54 (iii) emergency follow-up procedures. 4 of 4 |
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| 83 | 83 | | 55 SECTION 3. The department may establish a certification program to recognize a |
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| 84 | 84 | | 56business or other entity has complied with the provisions of this act and maintains an allergy- |
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| 85 | 85 | | 57friendly environment within which to work or visit. |
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