2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6307. Possession, prescription, administration and distribution of naloxone hydrochloride or another opioid overdose-reversing medication

§6307. Possession, prescription, administration and distribution of naloxone hydrochloride or another opioid overdose-reversing medication
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 or another opioid overdose-reversing medication by the physician or school health advisor and administration of naloxone hydrochloride or another opioid overdose-reversing medication 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.   [PL 2023, c. 161, §2 (AMD).]
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 or another opioid overdose-reversing medication to a student, staff member or visitor.   [PL 2023, c. 161, §2 (AMD).]
C. "Naloxone hydrochloride or another opioid overdose-reversing medication" means medication that has been approved by the federal Food and Drug Administration, in a noninjectable form, administered to reverse the effects of opioids in the emergency treatment of an opioid overdose.   [PL 2023, c. 161, §2 (AMD).]
D. "School" means a public or approved private school.   [PL 2021, c. 115, §1 (NEW).]
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.   [PL 2021, c. 115, §1 (NEW).]
F. "School nurse" means a nurse appointed to serve as a school nurse pursuant to section 6403‑A.   [PL 2021, c. 115, §1 (NEW).]
[PL 2023, c. 161, §2 (AMD).]
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 or another opioid overdose-reversing medication as provided under this section. The administration of naloxone hydrochloride or another opioid overdose-reversing medication in accordance with this section is not the practice of medicine.
[PL 2023, c. 161, §2 (AMD).]
3.  Collaborative practice agreement; authority.
A collaborative practice agreement permits a physician licensed in this State or school health advisor to prescribe naloxone hydrochloride or another opioid overdose-reversing medication and direct a school nurse to administer naloxone hydrochloride or another opioid overdose-reversing medication 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 or another opioid overdose-reversing medication if the school nurse is not present when a student, staff member or visitor experiences a suspected opioid overdose.
[PL 2023, c. 161, §2 (AMD).]
4.  Collaborative practice agreement; terms and provisions.
A collaborative practice agreement must include the following information:
A. Name and address of the school;   [PL 2021, c. 115, §1 (NEW).]
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   [PL 2021, c. 115, §1 (NEW).]
C. Any other information considered appropriate by the physician or school health advisor and school nurse.   [PL 2021, c. 115, §1 (NEW).]
[PL 2021, c. 115, §1 (NEW).]
5.  Use of naloxone hydrochloride or another opioid overdose-reversing medication 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 or other licensed health care professional whose scope of practice includes administration of naloxone hydrochloride or another opioid overdose-reversing medication to:
A. Stock and possess naloxone hydrochloride or another opioid overdose-reversing medication prescribed by a legally authorized individual; and   [PL 2023, c. 161, §2 (AMD).]
B. Administer naloxone hydrochloride or another opioid overdose-reversing medication prescribed by a legally authorized individual to any student, staff member or visitor that the school nurse or other licensed health care professional, based on the school nurse's or other licensed health care professional's professional judgment, suspects to be experiencing an opioid overdose.   [PL 2023, c. 161, §2 (AMD).]
The administration of naloxone hydrochloride or another opioid overdose-reversing medication in accordance with this subsection is not the practice of medicine.
[PL 2023, c. 161, §2 (AMD).]
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 another opioid overdose-reversing medication or a 3rd-party supplier of naloxone hydrochloride or another opioid overdose-reversing medication to obtain naloxone hydrochloride or another opioid overdose-reversing medication at fair market prices, reduced prices or no cost.
[PL 2023, c. 161, §2 (AMD).]
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 or another opioid overdose-reversing medication from a pharmacy licensed in this State.
[PL 2023, c. 161, §2 (AMD).]
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 or another opioid overdose-reversing medication; and   [PL 2023, c. 161, §2 (AMD).]
B. Procedures for responding to opioid overdose.   [PL 2021, c. 115, §1 (NEW).]
[PL 2023, c. 161, §2 (AMD).]
SECTION HISTORY
PL 2021, c. 115, §1 (NEW). PL 2023, c. 161, §2 (AMD).