Sec. 1. 20-A MRSA §254, sub-§5, as repealed and replaced by PL 1999, c. 669, §1, is amended to read:

5. Medication. The commissioner shall provide for the administration of medication within schools as follows.

A. The commissioner shall adopt or amend rules for the administration of medication in public or approved private schools, including the requirement that only a licensed physician, physician's assistant, nurse, nurse practitioner or medical technician may administer medication and including the training of unlicensed personnel to administer medication comply with this paragraph. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

B. Any public or approved private school shall have a written local policy and procedure for administering medication. The written local policy must include the requirement that only a licensed physician, physician's assistant, nurse, nurse practitioner or medical technician may administer medication and that all unlicensed personnel who administer medication must receive training and certification from the department before receiving authorization to do so. Compliance with the provisions of this subsection is a requirement for basic school approval pursuant to sections 2902 and 4502.

Sec. 2. 30-A MRSA §1559, sub-§1, as amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is repealed and the following enacted in its place:

1.__Administration of medication by sheriff or deputy.__The sheriff of any county, or a deputy or master or keeper of the county jail designated by the sheriff, may not administer to any prisoner in custody any oral or topical medication as prescribed by a licensed physician or dentist or, if requested by a prisoner, any nonprescription medication in accordance with the directions on its container unless:

A.__The sheriff or the sheriff's designee is a licensed physician, physician's assistant, nurse, nurse practitioner or medical technician; or

B.__The sheriff or the sheriff's designee has received training and certification from the Department of Corrections to administer medications and the sheriff or the