An Act To Permit Naloxone Possession, Prescription, Administration and Distribution in Public and Private Schools
Maine Legislature, Session 130, LD 0772
Committee: Education and Cultural Affairs
Sponsors: MILLETT
Amends: 20-A MRSA §6307

Legislative Document
No. 772
H.P. 577
House of Representatives, March 5, 2021
An Act To Permit Naloxone Possession, Prescription, 
Administration and Distribution in Public and Private Schools
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
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, prescription, administration 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 and a school nurse 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 or otherwise on school grounds 
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 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.
E.  "School health advisor" means a physician or family or pediatric nurse practitioner 
appointed to act as a school health advisor pursuant to section 6402-A.
F.  "School nurse" means a nurse appointed to serve as a school nurse pursuant to 
section 6403-A.
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 to prescribe naloxone 
hydrochloride and direct a school nurse 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 
may authorize the school nurse during school or a school-sponsored activity or otherwise 
on school grounds 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 and school 
nurse 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 and school nurse.
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 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, 2022, 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.