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H 566

An Act relative to airway clearance devices

194th Legislature (2025-2026) Introduced by Rodney Elliott

Requires every MA school facility to have at least one portable airway clearance device and trained staff, with funding support and immunity for good-faith emergency use.

Hearing scheduled for 05/12/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · H 566

Summary: H.566 An Act relative to airway clearance devices

This summary outlines the key purpose, provisions, affected parties, and procedural aspects of House Bill 566 from the Massachusetts 194th General Court (2025-2026), titled “An Act relative to airway clearance devices.”

Purpose and intent

  • To require school systems in Massachusetts to provide and maintain portable airway clearance devices at every school facility where instruction is provided, and to ensure staff are trained in their use.
  • Aims to improve emergency response to choking situations in schools by standardizing access to an FDA-recognized airway clearance device and by specifying training, compliance mechanisms, and funding supports.

Key provisions

(a) Requirement to equip and train

  • Each school district, vocational district, charter school, approved private day or residential school, and collaborative school must, subject to appropriation, provide and maintain at least one portable airway clearance device on-site at every school facility where instruction is provided.
  • Each school nurse and each school employee assigned to work in the school cafeteria must be trained in the use of a portable airway clearance device.
  • Definition: A “portable airway clearance device” is a portable medical device that uses manually created suction to remove an airway blockage during a choking emergency and is registered as a Class II acute upper airway obstruction device with the U.S. Food and Drug Administration (FDA).

(b) Waivers and funding assistance

  • If a school system cannot comply, the superintendent (or equivalent administrator in private day/residential schools or charter schools) may request a hardship waiver from the Department of Elementary and Secondary Education (DESE).
  • DESE, in consultation with the Department of Public Health (DPH), must provide public schools with information about grants and other funding sources to help purchase portable airway clearance devices.

(c) Immunity for good-faith emergency care

  • A school employee who, in good faith and without compensation, attempts to render emergency care (including use of the device) shall not be liable for resulting acts or omissions, except in cases of gross negligence or willful or wanton misconduct.

(d) Regulations and guidelines

  • DESE, in consultation with DPH, must establish regulations and guidelines for implementation, training, support, and supervision related to this section.

What is affected

  • All school districts and public and certain non-public school entities in Massachusetts (including vocational districts, charter schools, approved private day/residential schools, and collaborative schools) with instruction facilities.
  • School nurses and cafeteria staff are specifically identified for required training.

Funding and effective date

  • The program is “subject to appropriation,” meaning funding must be provided in the state budget to implement the requirements.
  • Local implementation mechanics reference existing provisions (taking effect in cities/towns as provided by general law and in regional districts by vote of the school committee).

Procedural history and timeline

  • Introduced: February 27, 2025.
  • Referred to the Committee on Education: February 27, 2025.
  • Senate concurred: (noted in the legislative actions; related cross-filed item exists).
  • Hearing: Scheduled for May 12, 2025, from 1:00 PM to 5:00 PM in Room A-2.
  • Related/previous measures: Similar matter filed in a prior session (House No. 4207 of 2023-2024).

Potential impact

  • Improved emergency response to choking incidents in schools through mandated access to devices and trained staff.
  • Increased upfront and ongoing costs for districts, offset by potential state grants or funding sources.
  • Establishes a regulatory framework and liability protections to encourage adoption and confident operating procedures during emergencies.

Compiled from official sources — confirm details with the bill’s official record.

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