An Act To Authorize Certain School Children To Carry Emergency Medication on Their Persons Further amend the bill by striking out everything after the title and before the summary and inserting in its place the following: . Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90~ of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Maine Legislature, Session 121, LD 1768
Committee Amendment CA_A_H674 (House)
Amends: 20-A MRSA §254

COMMITTEE AMENDMENT "Il. to H.P. 1290, L.D. 1768, Bill, "An 
Act To Authorize Certain School Children To Carry Asthma Inhalers 
on Their Persons" 
Amend the bill by striking out the title and substituting 
the following: 
• An Act To Authorize Certain School Children To Carry Emergency 
Medication on Their Persons' 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
. Mandate preamble. 
This measure requires one or more local 
units of government to expand or modify activities so as to 
necessitate additional expenditures from local revenues but does 
not provide funding for at least 
90~ of those expenditures. 
Pursuant to the Constitution of Maine, Article IX, Section 21, 
2/3 of all of the members elected to each House have determined 
it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §254, sub-§5, ,C is enacted to read: 
C. 
A public school or a private school approved pursuant to 
section 2902 must have a written local policy authorizing 
students to possess and self-administer emergency medication 
from an asthma inhaler or an epinephrine pen. 
The written 
local policy must include the following requirements. 
Page l-LR2286(2) 
COMMITTEE AMENDMENT 
.~ 
~ 
.. 
COMMITTEE AMENDMENT .. /} .. to H.P. 1290, L.D. 1768 
(1) 
A student who self-administers an asthma inhaler 
or 
an epinephrine pen must have the prior written 
approval of the student' s primary health care provider 
and, if the student is a minor, 
the prior written 
approval of the student's parent or guardian. 
(2) 
The 
student's parent or guardian must 
submit 
written verification to the school from the student's 
primary 
health 
care 
provider 
confirming 
that 
the 
student has 
the knowledge and the skills to safely 
possess and use an asthma inhaler or an epinephrine pen 
in school. 
(3) 
The 
school nurse shall evaluate the student's 
technique to ensure proper and effective use of an 
asthma inhaler or an epinephrine pen in school.' 
SUMMARY 
This committee amendment changes the title of the bill and 
strikes and replaces the bill to expand the provisions of the 
bill regarding the 
possession 
and self-administration of 
an 
asthma inhaler to include the possession and self-administration 
of an epinephrine pen. 
The amendment requires a public school or private school 
approved for attendance purposes by the Department of Education 
to adopt a written local policy allowing students to possess and 
self-administer 
asthma 
inhalers 
and epinephrine 
pens 
in the 
school. 
It also requires that a school receive written approval from 
the student's parent or guardian and the student's primary health 
care 
provider 
before 
the 
school 
authorizes 
the 
student 
to 
self-administer an asthma inhaler or an epinephrine pen. 
It also requires the student's parent or guardian to provide 
written verification 
from 
the 
primary health 
care 
provider 
confirming that the student has the knowledge and the skills to 
safely possess and use an asthma inhaler or an epinephrine pen in 
a school. 
It 
also 
requires 
that 
the 
school 
nurse 
evaluate 
the 
student's technique to ensure proper and effective use of an 
asthma inhaler or an epinephrine pen in school. 
COMMITTEE AMENDM~t 
COMMITTEE AMENDMENT "fI" to H.P. 1290, L.D. 1768 
Finally, the amendment adds a mandate preamble to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 01/30/04 ~~c:.. 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1768 
An Act to Authorize Certain School Children To Carry Asthma Inhalers 
on Their Persons 
LR2286(02) 
Fiscal Note for Bill as Amended by Committee Amendment" tt 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Exempted State Mandate 
This bill requires schools to adopt written policies and procedures to allow students to possess and self-administer 
asthma inhalers and epinephrine pens in schools. The additional costs of the state mandate to individual school units 
are not expected to be significant. Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to 
each House exempts the State from the constitutional requirement to fund 90% of the additional local costs. 
LR2286(2) - Fiscal Note - Page 1 of 1