Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 40 - RULE FOR MEDICATION ADMINISTRATION IN MAINE SCHOOLS › Section 071-40-2 - ADMINISTERING MEDICATIONS IN A SCHOOL SETTING

Current through 2024-29, July 17, 2024
A.
				The school nurse will provide direction and oversight for the administration of
				medication in the school.
B. School
				nurses are responsible for their own actions in the administration of
				medication. It is the school nurse's responsibility to clarify any medication
				order which he or she believes to be inappropriate or ambiguous. The school
				nurse has the right and responsibility to decline to administer a medication if
				he/she believes it jeopardizes student safety. In this case, the nurse must
				notify the parent, the student's health care provider and the school
				administrator.
C. Any public or
				private school approved shall have a written, local policy for administering
				medication. [20-A MRSA § 2902; 20-A MRSA § 4502 ] The policy must
				include the following:
i. All unlicensed
				school personnel who administer medication must be trained before receiving
				authorization to do so.
ii. Before
				medication is administered to a student there must be:
1. A current written request from the parent
				for any medication administered to a student during school or a school
				sponsored event. Verbal permission may be used if needed due to extenuating
				circumstances. For this purpose, explicit verbal permission from the parent
				must include the medication requested, dose, route, and time interval to be
				given. This is to be documented in the student health record and valid for one
				day only.
2. A current written
				order from the prescribing health care provider for any medication administered
				at school. The order must include the student's name, the name of the
				medication, the dose, the route of administration, time intervals to be given,
				any special instructions, and the name of the prescribing licensed health care
				provider. A medication label that provides sufficient information may be used
				in lieu of a written order unless the medication is to be administered for more
				than 15 consecutive days.
3.
				Written parental permission forms and physician orders must be renewed at least
				annually. Physician orders must be renewed if there are changes in the
				order.
iii. It is
				recommended that the first dose of a newly prescribed medication be given at
				home. The exception will be the use of epinephrine autoinjector for an unknown
				anaphylaxis, or emergency medication for diabetes such as, but not limited to
				glucagon or other life-saving medication.
iv. The medication must be delivered to
				school in its original container, properly labeled.
v. Students may possess and self-administer
				emergency medication of an inhaled asthma medication
,
an epinephrine auto-injector, or medications related to the care of insulin
				dependent diabetes, under the following conditions:
1. Written approval is received from the
				student's health care provider stating that the student has the knowledge and
				skills to safely possess and use an inhaled asthma
				medication
,
epinephrine auto-injector, or other
				medication related to the care of their insulin dependent diabetes.
a. An Individualized Health Plan and
				Emergency Plan for anaphylaxis is needed for those with epinephrine
				autoinjectors.
b. An Individualized
				Health Plan and Emergency Plan is needed for those students with asthma
				requiring treatment and management at school.
c. An Individualized Health Plan and
				Emergency Plan is needed for those students with diabetes requiring treatment
				and management at school.
2. Written approval is received from the
				parent indicating that their child may carry and self-administer the
				medication.
3. The student
				demonstrates to the school nurse their ability to carry and use the inhaled
				asthma medication, epinephrine auto-injector, or medication related to the care
				of their insulin dependent diabetes properly and responsibly. The school nurse
				should consider the ability of the student to understand their diagnosis,
				appreciate the importance of taking their medication at the right time and in
				the right amount, and accept the responsibility that comes with self-carry
				medications.
4. Recognizing that
				there are many unique medical needs of children. If it is determined within the
				Individualized Health Plan that self-carrying a specific medication not
				previously addressed in this rule is necessary, a school nurse may allow it so
				long as the conditions in 1-3 are met.
vi. Students may possess and self-administer
				topical sunscreen without a signed order from a health care provider under the
				following conditions:
1. Sunscreen is to be in
				its original container, labeled with directions of use and warnings.
2. Written permission from parent as required
				by Section 2 C (ii)(1).
3. School
				nurse or other school personnel may inspect sunscreen product for safety and
				proper FDA labeling.
4. There is no
				expectation that school staff will apply sunscreen to students.
5. There is no expectation that the school
				will supply sunscreen to all students.
6. A student who is unable to physically
				apply sunscreen may be assisted by school personnel when directed to do so by
				the student, if permitted by a parent or guardian and authorized by the
				school.
7. It is recommended that
				aerosol or spray sunscreen not be used in schools because it could adversely
				affect students with asthma and/or allergies.