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H 4166

Levonorgestrel/Plan B distribution in public schools

2025-2026 Regular Session Introduced by Melissa Oremus

Public middle/high schools must stock Plan B and allow confidential on-site dispensing by a school nurse or designated staff, without parental consent, by 2026-27.

Referred to Committee on Education and Public Works
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Bill Summary · H 4166

Summary — H 4166: Levonorgestrel (Plan B) distribution in public schools

Note on source materials: the packet provided contains two different legislative texts — a Massachusetts transportation resiliency bill (also labeled H.4166 in the packet) and a separate South Carolina-style draft titled to provide Plan B access in public middle and high schools (code section 59-63-92). This summary focuses on the Plan B/levonorgestrel provisions, since the bill title you provided refers to that subject. Please confirm the target jurisdiction and final bill text if you need a jurisdiction-specific legal analysis.

Purpose / Intent

To ensure timely, confidential access to levonorgestrel (Plan B, emergency contraception) for public middle and high school students by requiring schools to stock and dispense Plan B on campus through a school nurse or a designated administrator. The aim is to reduce unintended adolescent pregnancies and provide a rapid post‑exposure prevention option.

Key provisions

  • Definitions:

    • “Levonorgestrel/Plan B” defined as a one‑dose medication containing 1.5 mg levonorgestrel for emergency contraception.
    • “Emergency contraception” and “school nurse” are defined.

  • Stocking and availability:

    • All public middle and high schools must maintain a secure supply of Plan B on school premises.
    • Plan B must be available for distribution during school hours.

  • Dispensing and confidentiality:

    • Only a licensed school nurse or, if none is available, a designated administrator may dispense Plan B.
    • Students may obtain Plan B without parental consent.
    • Distribution must protect student privacy and confidentiality.

  • Training and recordkeeping:

    • School nurses/designated dispensers must receive training on storage, administration, counseling on correct use, side effects, and time sensitivity.
    • A confidential log must be kept for all dispensed doses (date, student grade level, reason for distribution). The log must comply with privacy law and is exempt from public disclosure under the Freedom of Information Act.

  • State Department of Education duties:

    • Provide training for personnel.
    • Conduct an annual program review (number served, pregnancy‑prevention outcomes, program success) and report to the General Assembly before January 1 each year.
    • Promulgate implementing regulations.

  • Liability and immunity:

    • Schools, districts, the State Department of Education, and personnel acting under the statute are immune from civil and criminal liability for injuries resulting from compliant distribution.
    • Immunity does not apply to gross negligence, willful, wanton, or reckless conduct. It supplements other statutory immunities.

  • Implementation deadline and effective date:

    • Each school district must fully implement the requirements before the 2026–2027 school year.
    • The act takes effect upon gubernatorial approval (per the draft).

Who is affected

  • Primary: public middle and high school students seeking emergency contraception.
  • Secondary: school nurses, designated school administrators, school districts, and state education agencies (responsible for training, logistics, and reporting).
  • Indirect: families and local health providers; potential budget/operational impacts for districts.

Potential impacts and considerations

  • Access: Likely increases timely access to emergency contraception for minors, which public‑health research associates with reductions in unintended adolescent pregnancy.
  • Privacy: Explicit confidentiality protections and FOIA exemption for dispensing logs.
  • Operational/cost: Districts will incur costs for purchasing medication, secure storage, staff training, and recordkeeping.
  • Legal/political: Provisions allowing minors to obtain Plan B without parental consent and the FOIA exemption may raise legal and political debate in some jurisdictions.
  • Liability: Broad immunity aims to reduce institutional/legal barriers to implementation while preserving accountability for grossly negligent conduct.

If you want, I can:
- Produce a shorter one‑page fact sheet for stakeholders.
- Compare this draft with existing state law in a specific state (please specify the state).
- Draft implementation checklist or estimated cost considerations for school districts.

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

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