CHAPTER 669
S.P. 424 - L.D. 1261
An Act to Require the Training of School Personnel Who Administer Medications
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §254, sub-§5, as enacted by PL 1983, c. 693, §§5 and 8, is repealed and the following enacted in its place:
5. Medication. The commissioner shall provide for the administration of medication within schools as follows.
A. The commissioner shall adopt or amend rules for the administration of medication in public or approved private schools, including the training of unlicensed personnel to administer medication. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.
B. Any public or approved private school shall have a written local policy and procedure for administering medication. The written local policy must include the requirement that all unlicensed personnel who administer medication receive training before receiving authorization to do so. Compliance with the provisions of this subsection is a requirement for basic school approval pursuant to sections 2902 and 4502.
Sec. 2. 20-A MRSA §2902, sub-§7, as amended by PL 1997, c. 266, §5, is further amended to read:
7. Approval rules. Meet the requirements applicable to the approval of private schools for attendance purposes adopted jointly by the state board and the commissioner; and
Sec. 3. 20-A MRSA §2902, sub-§8, as enacted by PL 1997, c. 266, §6, is amended to read:
8. Release of student records. Upon the request of a school unit, release copies of all student records for students transferring from the private school to the school unit. ; and
Sec. 4. 20-A MRSA §2902, sub-§9 is enacted to read:
9. Medication. Meet the requirements for administering medication under section 254, subsection 5.
Sec. 5. 20-A MRSA §4502, sub-§5, ¶L, as amended by PL 1997, c. 428, §2, is further amended to read:
L. Prepare Preparation and implement implementation of an ongoing school improvement process and annually the annual update of a written school improvement plan, including a fully developed staff development plan for identifying at-risk students in kindergarten to grade 12, including, but not limited to, truants and dropouts and the development of appropriate alternative programs to meet their needs; and
Sec. 6. 20-A MRSA §4502, sub-§5, ¶M, as enacted by PL 1997, c. 428, §3, is amended to read:
M. The use of time-out areas, administered in accordance with standards adopted by the department and with this paragraph. The use of a time-out area is subject to the following:
(1) The time-out area must be well ventilated and sufficiently lighted. The time-out area may not be locked; and
(2) The time-out area must be designed to ensure the safety of the student so that the student is supervised by a professional staff member in the room or can be observed from outside of the time-out area and can be heard by a person supervising the time-out area. ; and
Sec. 7. 20-A MRSA §4502, sub-§5, ¶N is enacted to read:
N. Preparation of a written local policy and implementation of training for all unlicensed personnel who administer medication in accordance with the requirements under section 254, subsection 5.
Sec. 8. Policy implementation. The Commissioner of Education in cooperation with public and approved private schools shall establish and implement the provisions of the Maine Revised Statutes, Title 20-A, section 254, subsection 5, paragraph B, no later than the start of the 2001-02 school year.
Sec. 9. Rule-making guidelines. The rules developed by the Commissioner of Education for the training of unlicensed personnel who administer medications pursuant to the Maine Revised Statues, Title 20-A, section 254, subsection 5, paragraph A must follow the training model and use the training manual developed by the School Health Advisory Committee.
Effective August 11, 2000, unless otherwise indicated.
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