An Act To Increase Access to and Reduce the Cost of Epinephrine Autoinjectors by Amending the Definition of "Epinephrine Autoinjector
Maine Legislature, Session 129, LD 1972
Committee: Health Coverage, Insurance and Financial Services
Sponsors: CARNEY, BELLOWS, CLAXTON, GRATWICK
Amends: 20-A MRSA §254, 20-A MRSA §6305, 22 MRSA §2150-F, 22 MRSA §2496, 30-A MRSA §3108

Legislative Document
No. 1972
S.P. 674
In Senate, January 8, 2020
An Act To Increase Access to and Reduce the Cost of Epinephrine 
Autoinjectors by Amending the Definition of "Epinephrine 
Autoinjector"
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator SANBORN, H. of Cumberland.
Cosponsored by Representative CARNEY of Cape Elizabeth and
Senators: BELLOWS of Kennebec, CLAXTON of Androscoggin, GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §254, sub-§5, ¶C, as enacted by PL 2003, c. 531, §1, is 
amended 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 autoinjector as defined in 
section 6305, subsection 1, paragraph C.  The written local policy must include the 
following requirements.
(1)  A student who self-administers an asthma inhaler or an epinephrine pen 
autoinjector 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 autoinjector 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 autoinjector in school.
Sec. 2.  20-A MRSA §6305, sub-§1, ¶C, as enacted by PL 2013, c. 526, §1, is 
amended to read:
C.  "Epinephrine autoinjector" means a single-use device that automatically injects 
used for the automatic injection of a premeasured dose of epinephrine into a human 
body or another single-use epinephrine delivery system approved by the federal Food 
and Drug Administration for public use.
Sec. 3.  22 MRSA §2150-F, sub-§3, as enacted by PL 2015, c. 231, §1, is 
amended to read:
3.  Epinephrine autoinjector.  "Epinephrine autoinjector" means a single-use device 
used for the automatic injection of a premeasured dose of epinephrine into a human body 
or another single-use epinephrine delivery system approved by the federal Food and Drug 
Administration for public use.
Sec. 4.  22 MRSA §2496, sub-§2, as amended by PL 2009, c. 211, Pt. A, §9, is 
further amended to read:
2.  Youth camps; emergency medication.  A youth camp must have a written policy 
authorizing campers to self-administer emergency medication, including, but not limited 
to, an asthma inhaler or an epinephrine pen autoinjector as defined in section 2150-F, 
subsection 3.  The written policy must include the following requirements:
A.  A camper who self-administers emergency medication must have the prior written 
approval of the camper's primary health care provider and the camper's parent or 
guardian;
B.  The camper's parent or guardian must submit written verification to the youth 
camp from the camper's primary health care provider confirming that the camper has 
the knowledge and the skills to safely self-administer the emergency medication in 
camp;
C.  The youth camp health staff must evaluate the camper's technique to ensure 
proper and effective use of the emergency medication in camp; and
D.  The emergency medication must be readily available to the camper.
Sec. 5.  30-A MRSA §3108, as enacted by PL 2007, c. 588, §1, is amended to 
read:
§3108.  Asthma inhalers and epinephrine pens autoinjectors
Municipal employees and volunteers that operate or assist in any municipal 
recreational program or camp may receive training on how to administer asthma inhalers 
and epinephrine pens autoinjectors as defined in Title 22, section 2150-F, subsection 3.  
Municipal employees and volunteers may possess and administer prescribed asthma 
inhalers and epinephrine pens autoinjectors in order to provide emergency aid.
SUMMARY
This bill amends the definition of "epinephrine autoinjector" in different Titles of the 
Maine Revised Statutes to include devices approved by the federal Food and Drug 
Administration that deliver a specific dose of epinephrine by means other than automatic 
injection of epinephrine into the human body.  The bill changes references to epinephrine 
pen to epinephrine autoinjector.