An Act To Permit Naloxone Possession and Administration in Public and Private Schools (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2152
Committee: Education and Cultural Affairs
Sponsors: MILLETT
Amends: 20-A MRSA §6307

Legislative Document
No. 2152
S.P. 776
In Senate, March 12, 2020
An Act To Permit Naloxone Possession and Administration in 
Public and Private Schools
(AFTER DEADLINE)
Submitted by the Department of Education pursuant to Joint Rule 205.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6307 is enacted to read:
§6307.  Naloxone hydrochloride possession and distribution
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Collaborative practice agreement" means a written and signed agreement 
between a physician licensed in this State or a school health advisor under section 
6402-A and a school nurse under section 6403-A that provides for the possession, 
prescription, administration and distribution of naloxone hydrochloride by the 
physician or school health advisor and administration of naloxone hydrochloride by 
the school nurse or designated school personnel to students, staff or visitors during 
school or a school-sponsored activity under emergency circumstances involving an 
opioid overdose or apparent opioid overdose.
B.  "Designated school personnel" means those employees, agents or volunteers of a 
school administrative unit or approved private school designated by a collaborative 
practice agreement between a physician licensed in this State or a school health 
advisor under section 6402-A and a school nurse under 6403-A who have completed 
the training required by the guidelines developed pursuant to subsection 8 to 
administer naloxone hydrochloride to a student, staff member or visitor.
C.  "Naloxone hydrochloride" means medication, in a noninjectable form, 
administered to reverse the effects of opioids in the emergency treatment of an opioid 
overdose.
D.  "School" means a public or approved private school.
2.  Collaborative practice agreement; adoption authorized.  A school 
administrative unit or an approved private school may authorize adoption of a 
collaborative practice agreement for the purposes of stocking, possessing and 
administering naloxone hydrochloride as provided under this section.  The administration 
of naloxone hydrochloride in accordance with this section is not the practice of medicine.
3.  Collaborative practice agreement; authority.  A collaborative practice 
agreement permits a physician licensed in this State or school health advisor under 
section 6402-A to prescribe naloxone hydrochloride and direct a school nurse under 
section 6403-A to administer naloxone hydrochloride in good faith to any student, staff 
member or visitor experiencing an apparent opioid overdose during school or a school-
sponsored activity or otherwise on school grounds.  Pursuant to a collaborative practice 
agreement, a physician licensed in this State or school health advisor under section 
6402-A may authorize the school nurse under section 6403-A during school or a school-
sponsored activity to designate designated school personnel to administer naloxone 
hydrochloride if the school nurse is not present when a student, staff member or visitor 
experiences a suspected opioid overdose.
4.  Collaborative practice agreement; terms and provisions.  A collaborative 
practice agreement must include the following information:
A.  Name and address of the school;
B.  Identification and signatures of the physician or school health advisor under 
section 6402-A and school nurse under section 6403-A who are parties to the 
collaborative practice agreement, the dates the agreement is signed by each party and 
the beginning and end dates of the period of time within which the agreement is in 
effect; and
C.  Any other information considered appropriate by the physician or school health 
advisor under section 6402-A and school nurse under section 6403-A.
5.  Use of naloxone hydrochloride without a collaborative practice agreement.  If 
a collaborative practice agreement has not been adopted pursuant to subsection 2, the 
governing body of a school administrative unit or an approved private school may 
authorize a school nurse under section 6403-A to:
A.  Stock and possess naloxone hydrochloride prescribed by a legally authorized 
individual; and
B.  Administer naloxone hydrochloride prescribed by a legally authorized individual 
to any student, staff member or visitor that the school nurse, based on the school 
nurse's professional judgment, suspects to be experiencing an opioid overdose.
The administration of naloxone hydrochloride in accordance with this subsection is not 
the practice of medicine.
6.  Manufacturer or supplier arrangement.  A school administrative unit or an 
approved private school may enter into an arrangement with a manufacturer of naloxone 
hydrochloride or a 3rd-party supplier of naloxone hydrochloride to obtain naloxone 
hydrochloride at fair market prices, reduced prices or no cost.
7.  Purchase from licensed pharmacies.  A collaborative practice agreement under 
this section may provide that a school administrative unit or an approved private school 
may purchase naloxone hydrochloride from a pharmacy licensed in this State.
8.  Guidelines.  By January 1, 2021, and as needed after that date, the department in 
consultation with the Department of Health and Human Services shall develop and make 
available to all schools guidelines for the management of opioid overdose during school 
or a school-sponsored activity or otherwise on school grounds.  The guidelines must 
include, but are not limited to:
A.  Education and training for school personnel on recognition of opioid overdose, 
rescue breathing and the administration of naloxone hydrochloride; and
B.  Procedures for responding to opioid overdose.
SUMMARY
This bill provides for the administration of naloxone hydrochloride in a noninjectable 
form to students, school staff and school visitors through collaborative practice 
agreements between physicians licensed in this State or school health advisors and public 
and private school nurses.