About this information:
This information was prepared by the Legal Advocacy division of the American Diabetes Association® (ADA), a national leader in diabetes information and advocacy. This information covers state rules on diabetes care in Maine schools, and may not include all the relevant rules and important details. While ADA strives to provide current information, laws and resources can frequently change. This information is not legal advice and professional legal advice should be sought as needed.
1. Does Maine allow school staff members who are not health care professionals to administer insulin?
Unclear. In general, unlicensed staff may be trained by a nurse to administer medication. CMR 05-071-040. While the laws and regulations are silent, the Maine Department of Education says that it is recommended that only a nurse give injected medication, except in an emergency. Training of Non-Licensed Personnel in Medication Administration: Instructor's Manual.
In situations when state law is unclear, federal laws may allow unlicensed staff to provide this care. This may be necessary so that children with diabetes can access education just like any other child. In case of a conflict between federal and state laws, federal laws protect the rights of children. The law in this area is very complicated so we encourage you to contact us for further information.
2. Does Maine allow school staff members who are not health care professionals to administer glucagon?
Yes. Maine allows unlicensed staff to administer injections in the case of an emergency. 32 Main Revised Statutes § 2103. Since it is almost always used in an emergency, Maine allows unlicensed staff to be trained to administer glucagon.Training of Non-Licensed Personnel in Medication Administration: Instructor's Manual.
Maine also allows schools to keep a supply of undesignated glucagon on site for emergencies.
“A school may maintain a supply of undesignated 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.” 20 Maine Revised Statutes § 6308.
3. Does Maine allow students to self-manage diabetes at school?
Yes. Maine allows capable students to carry and self-administer diabetes medication and management tools. Students must have written approval from their healthcare provider and parent.
“Students may possess and self-administer emergency medication of an inhaled asthma medication, an epinephrine auto-injector, or medications related to the care of insulin dependent diabetes, under the following conditions: 1. Written approval is received from the student's health care provider stating that the student has the knowledge and skills to safely possess and use […] medication related to the care of their insulin dependent diabetes. 2. Written approval is received from the parent indicating that their child may carry and self-administer the medication. 3. The student demonstrates to the school nurse their ability to carry and use the […] medication related to the care of their insulin dependent diabetes properly and responsibly.” 05-071-40 Me. Code R. § 2
4. Does Maine allow students with diabetes to carry cellphones or smart devices for medical purposes?
Maine currently does not have any statewide cellphone restrictions or bans for schools. However, individual schools or districts may create their own policies. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org. Additional resources can be found on our Safe at School homepage.
Resources:
For more information, see the following helpful resources:
- 20-A Maine Revised Statutes § 254, Department of Education, Educational duties.
- 32 Maine Revised Statutes § 2103, Nurses and Nursing, Exceptions.
- Code of Maine Rules 05-071-040, Rule for Medication Administration in Maine Schools.
- 20 Maine Revised Statutes § 6308, Glucagon Rescue Therapy
- Maine Department of Education: Diabetes Management and Resource Guide (Nov. 2022).
Additional Safe at School resources are available at diabetes.org/safeatschool. To receive information and guidance about a school diabetes care issue, contact 1-800-DIABETES (1-800-342-2383) or AskADA@diabetes.org.
