An Act To Permit Naloxone Possession and Administration in Public and Private Schools
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6307 is enacted to read:
§ 6307. Naloxone hydrochloride possession and distribution
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 possession, prescription, administration and distribution of naloxone hydrochloride by the physician or school health advisor and administration of naloxone hydrochloride by the school nurse or designated school personnel to students, staff or visitors during school or a school-sponsored activity under emergency circumstances involving an opioid overdose or apparent opioid overdose.
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 between a physician licensed in this State or a school health advisor under section 6402-A and a school nurse under 6403-A who have completed the training required by the guidelines developed pursuant to subsection 8 to administer naloxone hydrochloride to a student, staff member or visitor.
C. "Naloxone hydrochloride" means medication, in a noninjectable form, administered to reverse the effects of opioids in the emergency treatment of an opioid overdose.
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, possessing and administering naloxone hydrochloride as provided under this section. The administration of naloxone hydrochloride 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 naloxone hydrochloride and direct a school nurse under section 6403-A to administer naloxone hydrochloride 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 under section 6402-A may authorize the school nurse under section 6403-A during school or a school-sponsored activity to designate designated school personnel to administer naloxone hydrochloride if the school nurse is not present when a student, staff member or visitor experiences a suspected opioid overdose.
4. Collaborative practice agreement; terms and provisions. A collaborative practice agreement must include the following information:
A. Name and 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 naloxone hydrochloride 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 under section 6403-A to:
A. Stock and possess naloxone hydrochloride prescribed by a legally authorized individual; and
B. Administer naloxone hydrochloride prescribed by a legally authorized individual to any student, staff member or visitor that the school nurse, based on the school nurse's professional judgment, suspects to be experiencing an opioid overdose.
The administration of naloxone hydrochloride 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 naloxone hydrochloride or a 3rd-party supplier of naloxone hydrochloride to obtain naloxone hydrochloride at fair market prices, reduced prices or no cost.
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 from a pharmacy licensed in this State.
8. Guidelines. By January 1, 2021, 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; and
B. Procedures for responding to opioid overdose.
summary
This bill provides for the administration of naloxone hydrochloride in a noninjectable form to students, school staff and school visitors through collaborative practice agreements between physicians licensed in this State or school health advisors and public and private school nurses.