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| 2 | 2 | | SENATE DOCKET, NO. 351 FILED ON: 1/12/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1595 |
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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 | | Patrick M. O'Connor |
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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 enabling trained school personnel to administer life saving epinephrine treatment. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 351 FILED ON: 1/12/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1595 |
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| 18 | 18 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1595) of Patrick M. O'Connor for |
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| 19 | 19 | | legislation to enable trained school personnel to administer life saving epinephrine treatment. |
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| 20 | 20 | | Public Health. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 1440 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act enabling trained school personnel to administer life saving epinephrine treatment. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Section 54B of Chapter 71, as appearing in the 2014 Official Edition, is hereby amended |
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| 32 | 32 | | 2by inserting the following after the word "lunchrooms":- |
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| 33 | 33 | | 3 A public school district or non-public school, as defined by the department of education, |
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| 34 | 34 | | 4may register with the department for the purpose of permitting school personnel to administer |
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| 35 | 35 | | 5epinephrine by auto injector in a life-threatening situation during the school day when a school |
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| 36 | 36 | | 6nurse is not immediately available, including field trips, provided that the following conditions |
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| 37 | 37 | | 7are met: |
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| 38 | 38 | | 8 1. the school committee, or, in the case of a non-public school, the chief administrative |
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| 39 | 39 | | 9officer, approves policies governing the administration of epinephrine; 2 of 3 |
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| 40 | 40 | | 10 2. the designated school nurse leader or responsible nurse has final decision making |
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| 41 | 41 | | 11authority about the program; |
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| 42 | 42 | | 12 3. the school personnel authorized to administer epinephrine by auto injector are trained |
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| 43 | 43 | | 13and tested for competency by the designated school nurse leader or responsible school nurse, or |
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| 44 | 44 | | 14school nurses designated by this person, in accordance with standards and a curriculum |
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| 45 | 45 | | 15established by the department; |
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| 46 | 46 | | 16 4. the designated school nurse leader or responsible school nurse manages and has final |
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| 47 | 47 | | 17decision making authority about the program; |
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| 48 | 48 | | 18 5. the epinephrine is administered for an emergency case of anaphylactic shock, as |
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| 49 | 49 | | 19deemed by a properly trained and authorized school personnel, or in accordance with an |
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| 50 | 50 | | 20individual medication administration plan; |
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| 51 | 51 | | 21 6. when epinephrine is administered, there shall be immediate notification of the local |
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| 52 | 52 | | 22emergency medical services system, followed by notification of the student’s parent(s) or |
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| 53 | 53 | | 23guardian(s) or, if the parent(s) or guardian(s) are not available, any other designated person(s), |
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| 54 | 54 | | 24the school nurse, the student’s physician, and the school physician, to the extent possible; |
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| 55 | 55 | | 25 Any school personnel, properly trained and authorized to administer epinephrine, who |
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| 56 | 56 | | 26provides, administers, or assists in the administration of epinephrine to a student believed in |
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| 57 | 57 | | 27good faith to be having an anaphylactic reaction, or is the prescriber of the epinephrine, shall not |
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| 58 | 58 | | 28be liable for any civil damages for ordinary negligence in acts or omissions resulting from the |
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| 59 | 59 | | 29rendering of such treatment. 3 of 3 |
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| 60 | 60 | | 30 Epinephrine may lawfully be prescribed and dispensed to a public school district or non- |
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| 61 | 61 | | 31public school registered with the Department. For purposes of this chapter, any such prescription |
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| 62 | 62 | | 32shall be regarded as being issued for a legitimate medical purpose in the usual course of |
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| 63 | 63 | | 33professional practice. The school district or nonpublic school may maintain said epinephrine kit |
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| 64 | 64 | | 34in a secure but unlocked place, as determined by the school nurse leader or responsible school. |
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