Administration of Medications to Students: Massachusetts Regulatory Amendments

On June 11, 2025, the Public Health Council of the Massachusetts Department of Public Health (the “Department”) voted to approve amendments to Massachusetts regulations concerning the administration of medications to students in public and non-public primary and secondary schools (the “regulations”).[1]

Of note, the following amendments were approved:

1. Regulations Expanded to Include Over-the-Counter Medication: The regulations now govern the safe and proper storage and administration of FDA-approved over-the-counter medications in addition to any controlled substance identified in Schedules II-IV of the federal Controlled Substance Act (collectively referred to in the regulations as “medication”).
2. Administration of Emergency Rescue Opioid Antagonists: The regulations authorize unlicensed school personnel to administer an emergency rescue opioid antagonist (e.g., naloxone), as well as epinephrine, to students in certain circumstances.
3. Massachusetts Controlled Substances Registration : The regulations include an affirmative requirement that any school where medication is stored or where medication administration is delegated to unlicensed school personnel must obtain a Massachusetts Controlled Substances Registration by registering with the Department of Public Health.
4. Self-Carry: The regulations now include clear guidance for students to self-carry medication, in addition to former guidance with respect to self-administration.
5. Waivers: The Department is permitted to issue waivers to a school with respect to any section of the regulations, under limited circumstances.
6. Inspection and Correction: The Department now has the express authority to inspect school records and issue plans of correction to schools found to be out of compliance with the regulations.

The regulations also provide guidance on the training required for unlicensed school personnel responsible for administering medications, so schools should ensure that appropriate training is provided.

Please reach out to K&B Education Team attorneys Bettina Toner (btoner@kb-law.com) and Eric Jordan (ejordan@kb-law.com) with any questions or requests you may have regarding school responsibilities with respect to the administration of medications to students in Massachusetts public and non-public primary and secondary schools, or any other school-related matter.

Krokidas & Bluestein LLP's Education Law Practice provides a full array of advice and guidance to charter schools and other education entities on a wide range of legal matters, including student discipline, special education, employment, governance, tax, regulatory and compliance matters, real estate, financing, and litigation.

[1] See 105 CMR 210.000.