ext_153445 ([identity profile] harimad.livejournal.com) wrote in [personal profile] topaz 2009-09-23 04:36 pm (UTC)

The fact that the legislature *hasn't* made the change when it was clearly given the opportunity to, is strong indication that it doesn't want to. So per Youngstown Sheet and Steel[1] the MA courts are likely to say that epi-pens really are not an exception.

This is free legal advice from someone who hasn't practiced in over a decade. It's probably worth what you paid for it. It *is* worth asking a competent MA lawyer about.

Also worth asking him about is a spousal exception, and whether you can get specific written permission from your neighbor (and wife, if there isn't a spousal exception) to administer the epi-pen.


[1] That I was just talking about this am, weirdly enough.

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