An Act Regarding Undesignated Ready-to-use Glucagon Rescue Therapies in Schools
Maine Legislature, Session 131, LD 0867
Committee: Education and Cultural Affairs
Sponsors: GUERIN, BALDACCI, LIBBY, MOORE
Amends: 20-A MRSA §6308

Legislative Document
No. 867
S.P. 364
In Senate, February 24, 2023
An Act Regarding Undesignated Ready-to-use Glucagon Rescue 
Therapies in Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GUERIN of Penobscot.
Cosponsored by Senators: BALDACCI of Penobscot, LIBBY of Cumberland, MOORE of 
Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6308 is enacted to read:
§6308.  Glucagon rescue therapy
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Diabetes care plan" means a document that specifies the diabetes-related services 
needed by a student at school and at school-sponsored activities and identifies the 
appropriate school employees to provide and supervise these services.
B.  "Health care provider" means a physician licensed to practice medicine, an 
advanced practice registered nurse who has a written agreement with a collaborating 
physician who authorizes the provision of diabetes care or a licensed physician 
assistant who has a written supervision agreement with a supervising physician who 
authorizes the provision of diabetes care.
C.  "School" means a primary or secondary public school, public charter school or 
approved private school.
D.  "School employee" means a person who is employed by a school, a person who is 
employed by a local health department and assigned to a school or a person who 
contracts with a school to perform services in connection with a student's diabetes care 
plan.
E.  "Undesignated ready-to-use glucagon rescue therapy" means a glucagon rescue 
therapy approved by the United States Food and Drug Administration that does not 
require reconstitution for the treatment of severe hypoglycemia in a dosage form that 
can be rapidly administered to the patient in an emergency, including prefilled 
injectable or nasally administered glucagon, prescribed in the name of a school or 
school district as provided in this section.
2.  Standing order.  A school may obtain a standing order for undesignated ready-to-
use glucagon rescue therapy from a health care provider with the authority to prescribe 
undesignated ready-to-use glucagon rescue therapy.
3.  Supply and administration.  A school may maintain a supply of undesignated 
ready-to-use glucagon rescue therapies in a secure location that is immediately accessible 
to school employees. A supply of undesignated ready-to-use glucagon rescue therapies 
must be maintained in accordance with the manufacturer's instructions. School employees 
may administer an undesignated ready-to-use glucagon rescue therapy to a student if the 
student's prescribed glucagon is not available on site or has expired.
An undesignated ready-to-use glucagon rescue therapy may be used on school property, 
including the school building, playground and school bus, as well as during field trips or 
sanctioned excursions away from school property.
4.  Liability.  If a student is injured due to the administration of undesignated ready-
to-use glucagon rescue therapy that a licensed health professional with prescribing 
authority has prescribed and a pharmacist has dispensed to a school under this section, the 
licensed health professional with prescribing authority and pharmacist may not be held 
responsible for the injury unless the licensed health professional or pharmacist issued or 
dispensed the prescription with a conscious disregard for safety.
If a school employee administers undesignated ready-to-use glucagon rescue therapy to a 
student whom the school employee in good faith believes to be experiencing a severe 
hypoglycemic reaction and administers the medication in accordance with the written 
policies of the school, the school employee, the school, the members of the governing board 
of the school and the chief administrator of the school are not liable in a criminal action or 
for civil damages in any capacity as a result of providing the undesignated ready-to-use 
glucagon therapy.
5.  Emergency assistance and notification.  Immediately after the administration of 
undesignated ready-to-use glucagon rescue therapy to a student, a school employee shall 
call for emergency assistance and notify the school nurse, unless the school nurse was the 
person administering the undesignated ready-to-use glucagon rescue therapy, and the 
student's parent or guardian, emergency contact and health care provider, if known, of the 
administration of the undesignated ready-to-use glucagon rescue therapy.
6.  Training.  In a school that has enrolled a student with diabetes, school employees 
may receive training during regular in-service training in the basics of diabetes care, how 
to identify when a student with diabetes needs immediate or emergency medical attention 
and whom to contact in the case of an emergency. The training may include how to perform 
tasks necessary to assist a student with diabetes in accordance with the student's diabetes 
care plan, including training to do the following:
A.  Check blood glucose and record results;
B.  Recognize and respond to the symptoms of hypoglycemia and hyperglycemia 
according to the diabetes care plan;
C.  Estimate the number of carbohydrates in a snack or lunch;
D.  Administer insulin according to the diabetes care plan and keep a record of the 
amount administered; and
E.  Respond in an emergency, including administering undesignated ready-to-use 
glucagon rescue therapy and calling for emergency services.
The school administrative unit shall coordinate staff training.
School nurses, where available, or health care providers may provide technical assistance 
or consultation or both to school employees.
The school shall provide an information sheet to a school employee who transports a 
student for school-sponsored activities. The information sheet must identify the student 
with diabetes, the potential emergencies that may occur as a result of the student's diabetes 
and the appropriate responses to those emergencies and provide the student's emergency 
contact information.
SUMMARY
This bill allows a primary or secondary public school, public charter school or 
approved private school to obtain a standing order for undesignated ready-to-use glucagon 
rescue therapy and describes procedures relating to the storage and use of that therapy.  The 
bill also provides for diabetes-related training for school employees.