An Act Improving Students’ Access To Life Saving Treatments

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.”

 

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2015-16 MMS Legislation

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