An Act To Allow Trained, Nonmedical Employees in Schools To Administer Emergency Medications
Maine Legislature, Session 127, LD 1491
Committee: Education and Cultural Affairs
Sponsors: CHENETTE, DUTREMBLE, BATTLE, ESPLING, GATTINE, GIDEON, NADEAU, CYRWAY
Amends: 20-A MRSA §6307

Legislative Document 
No. 1491 
H.P. 1014 
House of Representatives, December 23, 2015 
An Act To Allow Trained, Nonmedical Employees in Schools To 
Administer Emergency Medications 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2015.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CHENETTE of Saco. 
Cosponsored by Senator DUTREMBLE of York and 
Representatives: BATTLE of South Portland, ESPLING of New Gloucester, GATTINE of 
Westbrook, GIDEON of Freeport, NADEAU of Winslow, Senator: CYRWAY of Kennebec. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to protect the lives and health of students in this State; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6307 is enacted to read: 
§6307.  Administration of emergency medication 
1.  School administrative unit may participate in program to provide emergency 
medication to students.  In the absence of a school nurse or other licensed nurse on site 
at a school, a school administrative unit may participate in a program to allow 
nonmedical employees to volunteer to provide emergency medication to students, upon 
request by a parent or guardian pursuant to subsection 2. If the school administrative unit 
elects to participate in a program pursuant to this section, the school administrative unit 
shall provide school employees who volunteer pursuant to this section with emergency 
medical training, which must meet the requirements of subsection 12, to provide 
emergency medication to students. A school employee with voluntary emergency medical 
training shall provide the emergency medication using guidelines developed by the 
department and posted on the department's publicly accessible website pursuant to 
subsection 12 and the performance instructions set forth by the health care provider of the 
student receiving the medication. A school employee who does not volunteer or who has 
not been trained pursuant to subsection 12 is not required to provide emergency 
medication pursuant to this section. 
2.  Request by parent or guardian.  If a student with a medical condition has been 
prescribed an emergency medication by that student's health care provider, the student's 
parent or guardian may request that the student's school have one or more of its 
employees receive training pursuant to this section in the administration of an emergency 
medication in the event that the student suffers a medical emergency when a nurse is not 
available. 
3.  Notification to parent or guardian that child may qualify for services.  
Pursuant to Section 504 of the federal Rehabilitation Act of 1973 and the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., 
upon receipt of a parent's or guardian's request pursuant to subsection 2, the school 
administrative unit shall notify the parent or guardian that the parent's or guardian's child 
may qualify for services or accommodations under a Section 504 plan or an 
individualized education program, assist the parent or guardian with the exploration of 
that option and encourage the parent or guardian to adopt that option if it is determined 
that the child is eligible for a Section 504 plan or an individualized education program. 
4.  Verification of notice.  A school administrative unit may ask a parent or guardian 
to sign a notice verifying that the parent or guardian was given information pursuant to 
subsection 3 about Section 504 of the federal Rehabilitation Act of 1973 and the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq. 
and that the parent or guardian understands that it is the parent's or guardian's right to 
request a Section 504 plan or an individualized education program at any time. 
5.  School administrative unit may create plan.  If a parent or guardian does not 
choose to have the parent's or guardian's child assessed for a Section 504 plan or an 
individualized education program pursuant to subsection 3, the school administrative unit 
may create an individualized health plan, seizure action plan or other appropriate health 
plan designed to acknowledge and prepare for the child's health care needs in school. The 
plan may include the involvement of trained volunteer school employees or a licensed 
nurse. 
6.  Training of employees.  In training employees pursuant to this section, the school 
administrative unit shall ensure that: 
A.  Each employee who volunteers receives training from a licensed health care 
professional regarding the administration of emergency medication. An employee 
who has completed training shall, if that employee has not administered an 
emergency medication within the prior 2 years and there is a student enrolled in the 
school who may need the administration of an emergency medication, attend a 
training program again to retain the ability to administer an emergency medication; 
B.  An agreement by an employee to administer an emergency medication is 
voluntary.  An employee of the school administrative unit or an employee of the 
department may not directly or indirectly use or attempt to use that person's authority 
or influence for the purpose of intimidating, threatening, coercing or attempting to 
intimidate, threaten or coerce any employee who does not choose to volunteer, 
including, but not limited to, direct contact with the employee; 
C.  An employee who volunteers pursuant to this section may rescind that employee's 
offer to administer an emergency medication up to 3 days after the completion of the 
training. After that time, the employee may rescind that employee's offer to 
administer an emergency medication with a 2-week notice; and 
D.  An electronic notice is distributed no more than twice per school year per student 
who might need emergency medication to all employees that includes the following 
information in bold print: 
(1)  A statement that the notice is a request for volunteers to administer 
emergency medication to a student experiencing a medical emergency in the 
absence of a school nurse; 
(2)  A description of the training that the volunteer will receive pursuant to 
paragraph A; 
(3)  A description of the voluntary nature of the program that includes the 
information described in paragraph B; and 
(4)  The volunteer rescission timelines described in paragraph C. 
The electronic notice is the only means by which a school administrative unit may 
solicit volunteers. 
7.  Completion of training.  An employee who volunteers pursuant to this section is 
not required to administer an emergency medication until completion of the training 
program adopted by the school administrative unit and documentation of completion is 
recorded in that employee's personnel file. 
8.  Defense and indemnification.  If a school administrative unit elects to participate 
in a program pursuant to this section, the school administrative unit shall ensure that an 
employee who volunteers under this section is provided defense and indemnification by 
the school administrative unit for civil liability. This information must be reduced to 
writing, provided to the employee and retained in the employee's personnel file. 
9.  No volunteers.  If with respect to a school administrative unit's program under 
this section there are no volunteers in a school attended by a student whose parent or 
guardian has made a request pursuant to subsection 2, the school administrative unit shall 
notify the student's parent or guardian again of the option to be assessed for services and 
accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 
and the federal Individuals with Disabilities Education Act, 20 United States Code, 
Section 1400 et seq. 
10.  Plan.  A school administrative unit that elects to participate in a program 
pursuant to this section shall establish and maintain a school administrative unit plan, 
which must include, but not be limited to, the following: 
A.  Identification of employees of the school administrative unit who could be trained 
in the administration of emergency medication and could be available to respond to 
an emergency need to administer emergency medication. The school administrative 
unit shall consult with the department to obtain this information; 
B.  Identification of students who may require the administration of emergency 
medication; 
C.  A requirement for written authorization from the parent or guardian of a student 
for a nonmedical school employee to administer emergency medication to the 
student; 
D.  A requirement that the parent or guardian of a student in the program notify the 
school if the student has had an emergency medication administered within the past 4 
hours on a school day; 
E.  A requirement for notification of the parent or guardian of a student in the 
program, by the school principal or, if the principal is not available, by another school 
employee, that an emergency medication has been administered to the student; and 
F.  A requirement for a written statement from the health care provider of a student in 
the program that includes, but is not limited to, all of the following: 
(1)  The student's name; 
(2)  The name and purpose of the medication; 
(3)  The prescribed dosage; 
(4)  Detailed medical emergency symptoms that identify when the administration 
of an emergency medication is necessary; 
(5)  The method of administration; 
(6)  The frequency with which the medication may be administered; 
(7)  The circumstances under which the medication may be administered; 
(8)  Any potential adverse reactions by the student and recommended mitigation 
actions, including when to call emergency services; 
(9)  A protocol for observing the student after a medical emergency, including, 
but not limited to, whether the student should rest in the school's main office, 
whether the student may return to class and the length of time the student should 
be under direct observation; and 
(10)  The requirement that, following a medical emergency, the student's parent 
or guardian and the school nurse be contacted by the school principal or, if the 
principal is not available, by another school employee to continue the observation 
protocol as established in subparagraph (9). 
11.  Compensation.  A school administrative unit shall compensate an employee 
who administers emergency medication pursuant to this section, in accordance with that 
employee's pay scale, when the administration of emergency medication or subsequent 
monitoring of a student requires that employee to work beyond that employee's normally 
scheduled hours. 
12.  Training and supervision.  The following provisions govern the training and 
supervision of school administrative unit employees in providing emergency medication 
to students pursuant to this section. 
A.  The department, in consultation with the Department of Health and Human 
Services, shall develop and maintain guidelines for the training and supervision of 
school administrative unit employees in providing emergency medication to students 
and shall post this information on the department's publicly accessible website.  The 
guidelines may be developed in cooperation with interested organizations. The 
department shall make the guidelines available upon request. 
B.  The department shall include on its publicly accessible website a clearinghouse 
for information on best practices in training nonmedical employees to administer 
emergency medication to students. 
C.  Training established pursuant to this subsection must be consistent with the 
guidelines developed pursuant to paragraph A and must include, but is not limited to, 
training in the following: 
(1)  Recognition and treatment of different types of medical emergencies; 
(2)  Administration of emergency medication; 
(3)  Basic emergency follow-up procedures, including, but not limited to, a 
requirement for the school principal or, if the principal is not available, another 
school employee to call the E-9-1-1 system and to contact the affected student's 
parent or guardian. The requirement for the school principal or other school 
employee to call the E-9-1-1 system does not require a student to be transported 
to an emergency room; and 
(4)  Techniques and procedures to ensure student privacy. 
D.  Any written materials used in the training established pursuant to this subsection 
must be retained by the school administrative unit. 
E.  Training established pursuant to this subsection must be conducted by one or 
more of the following: 
(1)  A physician; 
(2)  A physician assistant; 
(3)  A school nurse; 
(4)  A registered nurse; or 
(5)  A public health nurse. 
F.  Training provided in accordance with the emergency medication manufacturer's 
instructions, the student's health care provider's instructions and guidelines 
established pursuant to this subsection is adequate training for purposes of this 
subsection. 
13.  Notification of administration of emergency medication.  The following 
provisions govern the notification of the administration of emergency medication 
pursuant to this section. 
A.  The school principal or, if the principal is not available, another school employee 
shall notify the school nurse appointed to the school administrative unit if an 
employee at the school administers an emergency medication pursuant to this section. 
B.  If a school nurse is not appointed to the school administrative unit, the school 
principal or, if the principal is not available, another school employee shall notify the 
superintendent of the school administrative unit, or the superintendent's designee, if 
an employee at the school administers an emergency medication pursuant to this 
section. 
C.  A school administrative unit shall retain all records relating to the administration 
of an emergency medication to a student pursuant to this section while the student is 
under the supervision of school administrative unit employees. 
14.  Duty of parent or guardian.  A student's parent or guardian shall provide to the 
school administrative unit all materials necessary to administer an emergency medication 
to the student pursuant to this section, including the information described in subsection 
10, paragraph F. A school administrative unit is not responsible for providing any of the 
necessary materials. 
Sec. 2.  Initial guidelines for training and supervision of employees.  The 
Department of Education shall post the initial guidelines for the training and supervision 
of school administrative unit employees developed pursuant to the Maine Revised 
Statutes, Title 20-A, section 6307, subsection 12, paragraph A on the department's 
publicly accessible website no later than October 1, 2016. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes a school administrative unit to participate in a program to allow 
nonmedical employees to volunteer to be trained to provide emergency medication to 
students upon request by a parent or guardian.