Sec. 3. 30-A MRSA §1559, sub-§2, as amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read:

1. Administration of medication by sheriff or deputy. The sheriff of any county may not administer to any prisoner in custody any oral or topical medication as prescribed by a licensed physician or dentist or, if requested by a prisoner, any nonprescription medication in accordance with the directions on its container unless that sheriff is a licensed physician, physician's assistant, nurse, nurse practitioner or medical technician. The sheriff may delegate this authority to administer medication to the deputy who is in charge of the county jail or to the master or keeper of the county jail if the deputy, master or keeper is a licensed physician, physician's assistant, nurse, nurse practitioner or medical technician.

2. Limitations on administration of medication. The sheriff or the sheriff's delegate may not administer any prescription or nonprescription medication to any prisoner who has been incarcerated in the county jail for less than 24 hours, unless the sheriff or the delegate has consulted with and received permission to administer that medication from a licensed physician and the sheriff or delegate is a licensed physician, physician's assistant, nurse, nurse practitioner or medical technician.

SUMMARY

This bill restricts the administration of medication by school and corrections facility personnel to those persons who are licensed physicians, physician's assistants, nurses, nurse practitioners or medical technicians or persons who have received training and certification to administer medication from the department of jurisdiction.