Filing of Proposed Chapter 40: Rules for Medication Administration in Maine Schools

This rule provides directions to public and private schools approved pursuant to 20-A MRSA §2902 in the administration of medication to students during the students’ attendance in school programs.

The rule is to assist school administrative units in implementing the provision of the medication statute [20-MRSA §254(5)(A-D)] that provides direction for training of unlicensed school personnel in the administration of medication, and requires that students be allowed to carry and self-administer prescribed emergency medications, specifically, asthma inhalers, epinephrine auto-injectors, or prescribed medications or devices for the management of diabetes with health care provider approval and school nurse assessment. It provides direction for application of sunscreen on students in school, as well as provides guidelines for schools who intend to make naloxone available for use in the case of suspected opioid overdose.

Timelines for Rulemaking for Chapter 40 – Major Substantive Proposed 

  • File: October 26, 2021
  • Post: November 3, 2021
  • Hearing: November 22, 2021 (19 days from posting)
  • Comment End: December 3, 2021 (30 days from posting)

As required by law, a period of public comment opens on October 26, 2021 and will be open through December 3, 2021.  Written comments may be sent to Emily Poland at Emily.Poland@maine.gov

In addition, a public hearing for the proposed rule will be held in person and virtually on November 22, 2021, 9:00 – 10:30 AM at the Cross Office Building, 111 Sewall St, Augusta, ME 04333, Room 103A and B. As space will be limited, participants are encouraged to attend virtually through Zoom, using this link.

Following the comment period, the rule will be submitted to the Secretary of State for provisional adoption after Assistant Attorney General’s review. The rule is then submitted to Legislative Council for assignment to a Joint Committee. Find the details for proposed changes for Rule Chapter 40 on the Maine DOE Proposed Rule & Rule Changes webpage (proposed rules are listed in order by rule number).