An Act to Update Certain Duties Regarding Student Health Related
Maine Legislature, Session 132, LD 2046
Sponsors: RAFFERTY
Amends: 20-A MRSA §6301, 20-A MRSA §6305, 20-A MRSA §6401-B, 20-A MRSA §6403-A

Legislative Document
No. 2046
S.P. 839
In Senate, December 11, 2025
An Act to Update Certain Duties Regarding Student Health Related 
to Communicable and Infectious Disease
Submitted by the Department of Education pursuant to Joint Rule 203.
Received by the Secretary of the Senate on December 9, 2025.  Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6301, as amended by PL 2017, c. 381, §§5 to 7 and corrected 
by RR 2017, c. 2, §3, is further amended to read:
§6301.  Student health Communicable or infectious disease
The following provisions apply to a student health showing symptoms of a 
communicable or infectious disease.
1.  Duty of teacher school personnel.  A teacher member of school personnel who has 
reason to believe that a student is a public health threat as a result of having a communicable 
disease of the skin, mouth or eyes showing symptoms of a communicable or infectious 
disease reportable under Title 22, chapter 250, subchapter 3 or that pose a public health 
threat shall inform the superintendent or the superintendent's designee.
2.  Duty of superintendent.  A superintendent or a superintendent's designee informed 
by a teacher a member of school personnel under subsection 1 may:
A.  Inform Advise the student's parent: to furnish the student with the required home 
or medical treatment for the relief of the student's symptoms or disease reported under 
subsection 1;
 (1)  To cleanse the clothing and body of the student; and
(2)  To furnish the student with the required home or medical treatment for the 
relief of the student's trouble so defined in subsection 1;
B.  Exclude the student from the public schools until the student is no longer a public 
health threat;
C.  Exclude the student from public school as soon as safe and proper transportation 
home is available; and
D.  Consult with the school nurse.
3.  Duty of parent.  A parent informed by a superintendent or the superintendent's 
designee under subsection 2 shall promptly do what is reasonably necessary to ensure that 
the student is not a public health threat.
4.  Penalty.  Any parent who fails to comply with subsection 3 shall be fined not more 
than $5 for the first offense or $10 for subsequent offenses.
5-A.  Notification.  The A superintendent or the superintendent's designee informed 
by a member of school personnel under subsection 1 shall cause notice of the 
communicable or infectious disease to be given to the Department of Health and Human 
Services, in accordance with the requirements of Title 22, chapters 250 and 251, and rules 
issued under those chapters.
6.  Authority and duties of the Department of Health and Human Services.  The 
Department of Health and Human Services has the authority and duties prescribed in Title 
22, chapters 250 and 251 with respect to the control of notifiable diseases and conditions 
and communicable or infectious diseases.
Sec. 2.  20-A MRSA §6305, as amended by PL 2019, c. 560, §2, is further amended 
to read:
§6305.  Epinephrine autoinjectors automated devices; guidelines; emergency 
administration
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 prescription of epinephrine 
autoinjectors automated devices by the physician or school health advisor and 
administration of epinephrine autoinjectors automated devices by a school nurse or 
designated school personnel to students, school personnel or visitor during school or a 
school-sponsored activity under emergency circumstances involving anaphylaxis.
B.  "Designated school personnel" means those employees, agents or volunteers of a 
school administrative unit or an 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 section 6403‑A who have completed 
the training required by rule to provide or administer an epinephrine autoinjector to a 
student automated device.
C.  "Epinephrine autoinjector automated device" means a single-use device used for 
the automatic injection administration 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.
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 and administering epinephrine autoinjectors 
automated devices as provided under this section.  The administration of an epinephrine 
autoinjector automated device 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 an epinephrine autoinjector automated device and direct a school nurse under 
section 6403‑A to administer an epinephrine autoinjector automated device in good faith 
to any student experiencing anaphylaxis during school or a school-sponsored activity.  
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 other school personnel with 
training required by rule to administer an epinephrine autoinjector automated device if the 
school nurse is not present when a student experiences anaphylaxis.
4.  Collaborative practice agreement;  terms and provisions.  A collaborative 
practice agreement must include the following information:
A.  Name and physical 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 epinephrine autoinjectors automated devices without a collaborative 
practice agreement.  The governing body of a school administrative unit or an approved 
private school may authorize a school nurse under section 6403‑A to train and designated 
designate school personnel to administer an epinephrine autoinjector automated device to 
a student in accordance with a prescription specific to the student on file with the school 
nurse and in accordance with section 254, subsection 5.  The administration of an 
epinephrine autoinjector 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 epinephrine 
autoinjectors automated devices or a 3rd-party supplier of epinephrine autoinjectors 
automated devices to obtain epinephrine autoinjectors automated devices at fair market 
prices or reduced prices or for free.
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 epinephrine autoinjectors automated devices from a pharmacy licensed in 
this State.
8.  Guidelines.  By December 1, 2015 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 students with life-threatening 
allergies. The guidelines must include, but are not limited to:
A.  Guidelines regarding education and training for school personnel on the 
management of students with life-threatening allergies, including training related to the 
administration of an epinephrine autoinjector automated device;
B.  Procedures for responding to life-threatening allergic reactions;
C.  A process for the development of individualized health care and allergy action plans 
for students with known life-threatening allergies; and
D.  Protocols to prevent exposure to allergens.
9.  Plan.  By September 1, 2016 and as needed after that date, the governing body of a 
school administrative unit or an approved private school shall:
A.  Implement a protocol based on the guidelines developed pursuant to subsection 8 
for the management of students with life-threatening allergies enrolled in the schools 
under its jurisdiction; and
B.  Make the protocol under paragraph A available on the governing body's publicly 
accessible website or the publicly accessible website of each school under the 
governing body's jurisdiction or, if those websites do not exist, make the protocol 
publicly available through other means as determined by the governing body.
The governing body of the school administrative unit or the approved private school shall 
annually attest to the department that the schools under its jurisdiction are implementing 
the protocol in accordance with the provisions of this subsection.
Sec. 3.  20-A MRSA §6401-B, sub-§3, as enacted by PL 2011, c. 380, Pt. DD, §3, 
is amended to read:
3.  Staff development.  Foster and promote staff development for school nurses by 
planning and providing orientation, educational offerings and networking with universities 
and other providers of continuing education to meet identified needs; and
Sec. 4.  20-A MRSA §6401-B, sub-§4, as enacted by PL 2011, c. 380, Pt. DD, §3, 
is amended to read:
4.  Standards.  Gather and analyze data relevant to the school health care program and 
monitor standards to promote school nursing excellence and optimal health of school 
children.; and
Sec. 5.  20-A MRSA §6401-B, sub-§5 is enacted to read:
5.  Guidance.  Manage the development and dissemination of school health guidelines 
as they relate to the health and well-being of students and staff in schools.
Sec. 6.  20-A MRSA §6403-A, sub-§1, as enacted by PL 1985, c. 258, §4, is 
amended to read:
1.  Duties.  The school nurse shall supervise and coordinate the health services and 
health-related activities required by this Title in accordance with the most recent scope and 
standards of school nursing practices and follow all applicable rules adopted by the State 
Board of Nursing and laws under Title 32, chapter 31.
Sec. 7.  20-A MRSA §6403-A, sub-§5, as enacted by PL 1985, c. 258, §4, is 
amended to read:
5.  Guidelines.  The commissioner shall issue guidelines on the provision of school 
health services and health-related activities.  Guidelines must be based on state and national 
standards and updated at least every 3 years.
SUMMARY
This bill clarifies the duties of school personnel, superintendents and parents with 
regard to reporting symptoms of communicable or infectious diseases.  The bill also 
clarifies that the duty for school nurses to supervise and coordinate health-related activities 
must be carried out in accordance with the most recent school nursing practices and follow 
all applicable rules adopted by the State Board of Nursing.  The bill also requires the 
guidelines on the provision of school health services and health-related activities to be 
based on state and national standards and updated at least every 3 years.  The bill also 
updates the term "epinephrine autoinjector" to "epinephrine automated device."