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SENATE DOCKET, NO. 149 FILED ON: 1/8/2025
SENATE . . . . . . . . . . . . . . No. 1478
The Commonwealth of Massachusetts
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PRESENTED BY:
William N. Brownsberger
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to reduce the risks associated with allergic reactions.
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PETITION OF:
NAME:DISTRICT/ADDRESS :William N. BrownsbergerSuffolk and Middlesex 1 of 4
SENATE DOCKET, NO. 149 FILED ON: 1/8/2025
SENATE . . . . . . . . . . . . . . No. 1478
By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1478) of William N.
Brownsberger for legislation to reduce the risks associated with allergic reactions by enhancing
the availability of epi-pens. Public Health.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to reduce the risks associated with allergic reactions.
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. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 244 the following section:-
3 Section 245. (a) Notwithstanding any general or special law to the contrary, the
4Department of Public Health shall promulgate regulations to allow businesses and other entities
5to be prescribed epinephrine auto-injectors for the purposes of:
6 (1) providing an epinephrine auto-injector for immediate self-administration to any
7individual that an employee, designated individual, agent of the business, or other entity believes
8in good faith may be experiencing anaphylaxis, regardless of whether the individual has a
9prescription for an epinephrine auto-injector or has previously been diagnosed as being at risk of
10anaphylaxis due to an allergy; and 2 of 4
11 (2) administering an epinephrine auto-injector to any individual by an employee,
12designated individual, or agent who has successfully completed the applicable training required
13by regulation in accordance with this section.
14 (b) A business or other entity that possesses and makes available epinephrine auto-
15injectors in accordance with this section and its employees, designated individuals, and agents;
16an individual authorized to administer epinephrine auto-injectors pursuant to subsection (c); a
17health care professional that prescribes or dispenses epinephrine auto-injectors pursuant to this
18section; and a person who conducts the applicable training shall not be liable for any injuries or
19damages that result from any act or omission related to the administration or self-administration
20of an epinephrine auto-injector in accordance with this section that may constitute ordinary
21negligence. This immunity does not apply to acts or omissions constituting gross, willful, or
22wanton negligence. The administration of an epinephrine auto-injector in accordance with this
23section is not the practice of medicine.
24 (c) Any business or other entity that possesses epinephrine auto-injectors pursuant to this
25section may make such epinephrine auto-injectors available to individuals other than those
26trained individuals described in subsection (a), and such individuals may administer such
27epinephrine auto-injectors to any individual believed in good faith to be experiencing
28anaphylaxis, if the epinephrine auto-injectors are stored in a locked, secure container and are
29made available only upon remote authorization by a licensed physician or nurse practitioner after
30consultation with the physician or nurse practitioner by audio, televideo, or other similar means
31of electronic communication. Consultation with a physician or nurse practitioner for this purpose
32shall not be considered the practice of telemedicine or otherwise be construed as violating any
33law or rule regulating the physician or nurse practitioner’s practice. 3 of 4
34 SECTION 2. (a) No later than 180 days following enactment, the department of public
35health shall adopt regulations necessary to carry out the provisions of this act. The regulations
36adopted shall:
37 (1) Require each business or other entity that acquires epinephrine auto-injectors in
38accordance with this section to submit, on a form developed by the department, a report of each
39incident on the premises of the business or other entity involving a severe allergic reaction or the
40administration of an epinephrine auto-injector.
41 (2) Provide for the development and publication of an annual report by the department
42compiling, summarizing, and analyzing all incident reports submitted pursuant to paragraph (1)
43of this section.
44 (3) Establish detailed standards for training programs that must be completed by
45employees, designated individual, and agents of a business or other entity prior to administering
46an epinephrine auto-injector made available by the business or other entity. Such training shall
47be conducted by a licensed physician or nurse practitioner or by a nationally recognized
48organization experienced in training laypersons in emergency health treatment approved by the
49department. Training may be conducted online and, at a minimum, shall cover:
50 (i) techniques on how to recognize symptoms of severe allergic reactions, including
51anaphylaxis;
52 (ii) standards and procedures for the storage and administration of an epinephrine auto-
53injector; and
54 (iii) emergency follow-up procedures. 4 of 4
55 SECTION 3. The department may establish a certification program to recognize a
56business or other entity has complied with the provisions of this act and maintains an allergy-
57friendly environment within which to work or visit.