1. Does Maine allow school staff members who are not health care professionals to administer insulin?
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.
3. Does Maine allow students to self-manage diabetes at school?
Yes, for self-management in general. There is no specific rule on self-managing diabetes care. However a guide published by the Maine Department of Education frequently mentions and encourages self-management of diabetes care for students in school. Maine Guidelines for Schools: Tools for Schools that have Students with Diabetes.
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 02-380-006, Regulations Relating to Coordination and Oversight of Patient Care Services by Unlicensed Health Care Assistive Personnel.
- Code of Maine Rules 05-071-040, Rule for Medication Administration in Maine Schools.
- Maine Guidelines for Schools: Tools for Schools that have Students with Diabetes (August 2004).
- Maine Department of Education and School Health Advisory Committee Guidelines: Training of Non-Licensed Personnel in Medication Administration: Instructor's Manual (2004).