Page 1 - 131LR0939(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 364 - L.D. 867
An Act Regarding Undesignated Ready-to-use Glucagon Rescue Therapies in
Schools
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6308 is enacted to read:
§6308. Glucagon rescue therapy
1. Definitions.
following terms have the following meanings.
A. "Diabetes care plan" means an individual health plan document that specifies the
diabetes-related services needed by a student at school and at school-sponsored
activities and may include an emergency action plan.
B. "Emergency action plan" means a document that provides guidelines to prepare
school personnel to respond to a serious or life-threatening injury or medical
emergency.
C. "Health care provider" means a physician licensed in this State with a scope of
practice that includes prescribing medication.
D. "School" means a public elementary school or public secondary school, public
charter school or private school approved for tuition purposes.
E. "Undesignated ready-to-use glucagon rescue therapy" means a glucagon rescue
therapy approved by the United States Food and Drug Administration that does not
require reconstitution for the treatment of severe hypoglycemia in a dosage form that
can be rapidly administered to the patient in an emergency, including prefilled
injectable or nasally administered glucagon, prescribed in the name of a school or
school administrative unit as provided in this section.
F. "Unlicensed school personnel" means persons acting on behalf of the school who
have completed the training required by rule to administer medication but do not
possess a professional license that allows them to administer medication.
APPROVED
JUNE 22, 2023
BY GOVERNOR
CHAPTER
253
PUBLIC LAW Page 2 - 131LR0939(03)
2. Standing order.
use glucagon rescue therapy from a health care provider with the authority to prescribe
undesignated ready-to-use glucagon rescue therapy.
3. Supply and administration.
ready-to-use glucagon rescue therapies in a secure location that is immediately accessible
to a school nurse and unlicensed school personnel. A supply of undesignated ready-to-use
glucagon rescue therapies must be maintained in accordance with the manufacturer's
instructions. A school nurse or unlicensed school personnel may administer an
undesignated ready-to-use glucagon rescue therapy to a student with a known diagnosis of
diabetes if the student's prescribed glucagon is not available on site or has expired.
An undesignated ready-to-use glucagon rescue therapy may be used on school property,
including the school building, playground and school bus, as well as during field trips or
sanctioned excursions away from school property.
The school shall provide an emergency action plan to a school employee who transports a
student for school-sponsored activities. The emergency action plan must identify the
student with diabetes, the potential emergencies that may occur as a result of the student's
diabetes and provide the student's emergency contact information and diabetes care plan.
4. Liability.
to-use glucagon rescue therapy that a licensed health professional with prescribing
authority has prescribed and a pharmacist has dispensed to a school under this section, the
licensed health professional with prescribing authority and pharmacist may not be held
responsible for the injury unless the licensed health professional or pharmacist issued or
dispensed the prescription with a conscious disregard for safety.
If a school nurse or unlicensed school personnel administers undesignated ready-to-use
glucagon rescue therapy to a student whom the school nurse or unlicensed school personnel
in good faith believes to be experiencing a severe hypoglycemic reaction and administers
the medication in accordance with the written policies of the school, the school nurse,
unlicensed school personnel, the school, the members of the governing board of the school
and the chief administrator of the school are not liable in a criminal action or for civil
damages in any capacity as a result of providing the undesignated ready-to-use glucagon
therapy.
5. Emergency assistance and notification.
undesignated ready-to-use glucagon rescue therapy to a student, a school employee shall
call for emergency assistance, notify the school nurse and follow the emergency action
plan.