An Act to Update Certain Duties Regarding Student Health Related to Communicable and Infectious Disease

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 839 - L.D. 2046
An Act to Update Certain Duties Regarding Student Health Related to
Communicable and Infectious Disease
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6301, as amended by PL 2017, c. 381, §§5 to 7 and corrected
by RR 2017, c. 2, §3, is further amended to read:
§6301. Student health Communicable or infectious disease
The following provisions apply to a student health showing symptoms of a
communicable or infectious disease.
1. Duty of teacher school personnel. A teacher member of school personnel who has
reason to believe that a student is a public health threat as a result of having a communicable
disease of the skin, mouth or eyes showing symptoms of a communicable or infectious
disease reportable under Title 22, chapter 250, subchapter 3 or that pose a public health
threat shall inform the superintendent building administrator.
1-A. Duty of building administrator. A building administrator informed by a
member of school personnel that a student is showing symptoms of a communicable or
infectious disease under subsection 1 shall consult with the school nurse. Upon
recommendation from the school nurse, the building administrator shall inform the
superintendent or superintendent's designee.
2. Duty of superintendent. A superintendent or a superintendent's designee informed
by a teacher a building administrator under subsection 1 1-A may:
A. Inform Advise the student's parent: to furnish the student with the required home
or medical treatment for the relief of the student's symptoms or disease reported under
subsection 1;
(1) To cleanse the clothing and body of the student; and
(2) To furnish the student with the required home or medical treatment for the
relief of the student's trouble so defined in subsection 1;
B. Exclude the student from the public schools until the student is no longer a public
health threat;
APPROVED
APRIL 3, 2026
BY GOVERNOR
CHAPTER
627
PUBLIC LAW
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C. Exclude the student from public school as soon as safe and proper transportation
home is available; and
D. Consult with the school nurse.
3. Duty of parent. A parent informed by a superintendent or the superintendent's
designee under subsection 2 shall promptly do what is reasonably necessary to ensure that
the student is not a public health threat.
4. Penalty. Any parent who fails to comply with subsection 3 shall be fined not more
than $5 for the first offense or $10 for subsequent offenses.
5-A. Notification. The A superintendent or the superintendent's designee informed
by a building administrator under subsection 1-A shall cause notice of the communicable
or infectious disease to be given to the Department of Health and Human Services, in
accordance with the requirements of Title 22, chapters 250 and 251, and rules issued under
those chapters.
6. Authority and duties of the Department of Health and Human Services. The
Department of Health and Human Services has the authority and duties prescribed in Title
22, chapters 250 and 251 with respect to the control of notifiable diseases and conditions
and communicable or infectious diseases.
Sec. 2. 20-A MRSA §6305, as amended by PL 2019, c. 560, §2, is further amended
to read:
§6305. Epinephrine autoinjectors automated devices; guidelines; emergency
administration
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 prescription of epinephrine
autoinjectors automated devices by the physician or school health advisor and
administration of epinephrine autoinjectors automated devices by a school nurse or
designated school personnel to students, school personnel or visitor during school or a
school-sponsored activity under emergency circumstances involving anaphylaxis.
B. "Designated school personnel" means those employees, agents or volunteers of a
school administrative unit or an 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 section 6403‑A who have completed
the training required by rule to provide or administer an epinephrine autoinjector to a
student automated device.
C. "Epinephrine autoinjector automated device" means a single-use device used for
the automatic injection administration of a premeasured dose of epinephrine into a
human body or another single-use epinephrine delivery system approved by the federal
Food and Drug Administration for public use.
D. "School" means a public or approved private school.
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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 and administering epinephrine autoinjectors
automated devices as provided under this section. The administration of an epinephrine
autoinjector automated device 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 an epinephrine autoinjector automated device and direct a school nurse under
section 6403‑A to administer an epinephrine autoinjector automated device in good faith
to any student experiencing anaphylaxis during school or a school-sponsored activity.
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 other school personnel with
training required by rule to administer an epinephrine autoinjector automated device if the
school nurse is not present when a student experiences anaphylaxis.
4. Collaborative practice agreement; terms and provisions. A collaborative
practice agreement must include the following information:
A. Name and physical 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 epinephrine autoinjectors automated devices without a collaborative
practice agreement. The governing body of a school administrative unit or an approved
private school may authorize a school nurse under section 6403‑A to train and designated
designate school personnel to administer an epinephrine autoinjector automated device to
a student in accordance with a prescription specific to the student on file with the school
nurse and in accordance with section 254, subsection 5. The administration of an
epinephrine autoinjector 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 epinephrine
autoinjectors automated devices or a 3rd-party supplier of epinephrine autoinjectors
automated devices to obtain epinephrine autoinjectors automated devices at fair market
prices or reduced prices or for free.
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 epinephrine autoinjectors automated devices from a pharmacy licensed in
this State.
8. Guidelines. By December 1, 2015 and as needed after that date, the department in
consultation with the Department of Health and Human Services shall develop and make
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available to all schools guidelines for the management of students with life-threatening
allergies. The guidelines must include, but are not limited to:
A. Guidelines regarding education and training for school personnel on the
management of students with life-threatening allergies, including training related to the
administration of an epinephrine autoinjector automated device;
B. Procedures for responding to life-threatening allergic reactions;
C. A process for the development of individualized health care and allergy action plans
for students with known life-threatening allergies; and
D. Protocols to prevent exposure to allergens.
9. Plan. By September 1, 2016 and as needed after that date, the governing body of a
school administrative unit or an approved private school shall:
A. Implement a protocol based on the guidelines developed pursuant to subsection 8
for the management of students with life-threatening allergies enrolled in the schools
under its jurisdiction; and
B. Make the protocol under paragraph A available on the governing body's publicly
accessible website or the publicly accessible website of each school under the
governing body's jurisdiction or, if those websites do not exist, make the protocol
publicly available through other means as determined by the governing body.
The governing body of the school administrative unit or the approved private school shall
annually attest to the department that the schools under its jurisdiction are implementing
the protocol in accordance with the provisions of this subsection.
Sec. 3. 20-A MRSA §6401-B, sub-§3, as enacted by PL 2011, c. 380, Pt. DD, §3,
is amended to read:
3. Staff development. Foster and promote staff development for school nurses by
planning and providing orientation, educational offerings and networking with universities
and other providers of continuing education to meet identified needs; and
Sec. 4. 20-A MRSA §6401-B, sub-§4, as enacted by PL 2011, c. 380, Pt. DD, §3,
is amended to read:
4. Standards. Gather and analyze data relevant to the school health care program and
monitor standards to promote school nursing excellence and optimal health of school
children.; and
Sec. 5. 20-A MRSA §6401-B, sub-§5 is enacted to read:
5. Guidance. Manage the development and dissemination of school health guidelines
as they relate to the health and well-being of students and staff in schools.
Sec. 6. 20-A MRSA §6403-A, sub-§1, as enacted by PL 1985, c. 258, §4, is
amended to read:
1. Duties. The school nurse shall supervise and coordinate the health services and
health-related activities required by this Title in accordance with the most recent scope and
standards of school nursing practices and follow all applicable rules adopted by the State
Board of Nursing and laws under Title 32, chapter 31.
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Sec. 7. 20-A MRSA §6403-A, sub-§5, as enacted by PL 1985, c. 258, §4, is
amended to read:
5. Guidelines. The commissioner shall issue guidelines on the provision of school
health services and health-related activities. Guidelines must be based on state and national
standards and updated at least every 3 years.