Text of
legislation filed by MMS for the 2015-16 session of the Massachusetts
Legislature:
SECTION
1. Chapter 71 of the General Laws is
hereby amended by inserting in section 54B by striking out the last paragraph
and replacing therein the following:-
Notwithstanding
any general or special law to the contrary, a student with diabetes who attends
public or private primary, elementary, middle or high school shall be permitted
to possess and administer any medical supplies reasonably required to perform
blood glucose testing and to administer insulin and glucose or substitute, in
any area within or on the grounds of the school or at a school related
activity, at any time determined to be necessary by the student for the
purposes of monitoring and treating their diabetes, provided that the parent or
legal guardian of the student submits in writing to the principal, head of the
school, and the school nurse that they give their permission for the student to
test their blood glucose and to administer insulin and glucose or substitute,
certify that the student agrees to take appropriate safeguards to prevent
others in the school from being exposed to sharps or blood, and certify, along
with a clinician who regularly treats the student for diabetes, that the
student is competent to test their blood glucose and to administer insulin and
glucose or substitute.
The
Department of Education and Department of Public Health shall jointly
promulgate regulations, within 180 days of the passage of this act, to allow
for the administration of glucagon by a member(s) of the school staff when a
nurse is not present and the student exhibits symptoms of severe hypoglycemia
resulting in unconsciousness or seizures, provided, that the parent or legal
guardian of the student submits in writing their permission for such emergency
treatment to be rendered; provided further that a member of the school staff
who, in good faith, administers glucagon to a student who exhibits symptoms of
severe hypoglycemia resulting in unconsciousness or seizure shall not be held
liable in a suit for damages as a result of his acts or omissions, nor shall
such person be subject to any disciplinary action for such emergency aid.”
