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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 62
May 23, 2011 - Offered by Representative Kestell.
AB62-ASA1,1,4 1An Act to renumber and amend 118.29 (6); to amend 115.001 (11), 115.88 (1m)
2(am), 115.88 (1m) (b), 118.29 (2) (a) 1. a. and 118.29 (2) (a) 2.; and to create
3118.29 (6) (a) 1., 2. and 3. of the statutes; relating to: administration of
4medication to pupils.
Analysis by the Legislative Reference Bureau
2009 Wisconsin Act 160 (Act 160) made several changes to the law governing
the administration of medication to pupils, all of which took effect on March 1, 2011.
This substitute amendment repeals some of the changes made in Act 160 and
modifies others.
School nurses
Under Act 160, a school nurse is defined as a registered nurse who meets the
qualifications for school nurses established by the Department of Public Instruction
(DPI) by rule. A school nurse need not be licensed by DPI to enjoy immunity from civil
liability for referring a pupil to law enforcement authorities or to be employed for a
special education program.
This substitute amendment changes the definition for school nurse to mean a
registered nurse who has successfully completed a course in public health or
community health. A school district may employ or contract for the services of a
registered nurse who is not licensed as a school nurse; only a licensed school nurse,
however, may be employed for a special education program.

Administration of drugs to pupils
Under Act 160, a school bus operator, and any school, county children with
disabilities education board (CCDEB), or cooperative educational service agency
(CESA) employee or volunteer authorized by a school district, CCDEB, or CESA
administrator, or by a school principal, may administer a nonprescription drug
product to a pupil in compliance with the written instructions of the pupil's parent
or guardian if the pupil's parent or guardian consents and if the following conditions
are satisfied: the nonprescription drug product is supplied by the pupil's parent or
guardian in the original sealed manufacturer's package and the package lists the
ingredients and recommended therapeutic dose.
This substitute amendment eliminates the requirement that a nonprescription
drug product be supplied by the pupil's parent or guardian. However, if a
nonprescription drug product is supplied by the parent or guardian, the
nonprescription drug product must be in the original manufacturer's package.
Under Act 160, the persons enumerated above may administer a prescription
drug to a pupil if the pupil's parent or guardian consents and all of the following
conditions are met: the prescription drug is supplied by the pupil's parent or
guardian in the original pharmacy-labeled package, and the package specifies the
pupil's name, the prescriber's name, the name of the drug, the dose, the effective
date, and the directions. This substitute amendment eliminates the requirement
that the prescription drug be supplied by the pupil's parent or guardian.
Under Act 160, none of the persons enumerated above may administer
prescription drugs to a pupil unless the person has received appropriate training
that has been approved by DPI. This substitute amendment requires the persons
enumerated above to receive training before administering a prescription drug or
nonprescription drug product that must be inhaled, injected, or rectally
administered.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB62-ASA1, s. 1 1Section 1. 115.001 (11) of the statutes is amended to read:
AB62-ASA1,2,72 115.001 (11) School nurse. "School nurse" means a registered nurse licensed
3under s. 441.06 ch. 441 or in a party state, as defined in s. 441.50 (2) (j), who also
4meets the qualifications for school nurses prescribed by the department by rule

5submits evidence satisfactory to the department that he or she has successfully
6completed a course, determined to be satisfactory to the department, in public health
7or community health
.
AB62-ASA1, s. 2
1Section 2. 115.88 (1m) (am) of the statutes is amended to read:
AB62-ASA1,3,152 115.88 (1m) (am) Subject to par. (b), if the operator of a charter school
3established under s. 118.40 (2r) operates a special education program and the state
4superintendent is satisfied that the operator of the charter school is complying with
520 USC 1400 to 1491o, the state superintendent shall certify to the department of
6administration in favor of the operator of the charter school a sum equal to the
7amount that the operator of the charter school expended during the previous school
8year for salaries of full-time or part-time licensed teachers, licensed coordinators of
9special education, licensed school nurses, licensed school social workers, licensed
10school psychologists, licensed school counselors, paraprofessionals, licensed
11consulting teachers to work with any teacher of regular education programs who has
12a child with a disability in a class and any other personnel, as determined by the state
13superintendent, as costs eligible for reimbursement from the appropriation under s.
1420.255 (2) (b). The state superintendent may audit costs under this paragraph and
15adjust reimbursement to cover only actual, eligible costs.
AB62-ASA1, s. 3 16Section 3. 115.88 (1m) (b) of the statutes is amended to read:
AB62-ASA1,3,2317 115.88 (1m) (b) The department shall promulgate rules establishing the
18percentage of the salaries of licensed school nurses, licensed school social workers,
19licensed school psychologists, and licensed school counselors that may be certified
20under pars. (a) and (am) as costs eligible for reimbursement. For each category of
21personnel, the department shall base the percentage on the average percentage of
22work time that the category spends providing services to children with disabilities,
23including conducting evaluations under s. 115.782.
AB62-ASA1, s. 4 24Section 4. 118.29 (2) (a) 1. a. of the statutes, as affected by 2009 Wisconsin Act
25160
, is amended to read:
AB62-ASA1,4,8
1118.29 (2) (a) 1. a. Except as provided in subd. 1. b., may administer any
2nonprescription drug product which may lawfully be sold over the counter without
3a prescription
to a pupil in compliance with the written instructions of the pupil's
4parent or guardian if the pupil's parent or guardian consents in writing ,. If the
5nonprescription drug product is supplied by the pupil's parent or guardian, the
6nonprescription drug product shall be supplied
in the original manufacturer's
7package, and the package lists must list the ingredients and recommended
8therapeutic dose in a legible format.
AB62-ASA1, s. 5 9Section 5. 118.29 (2) (a) 2. of the statutes, as affected by 2009 Wisconsin Act
10160
, is amended to read:
AB62-ASA1,4,1611 118.29 (2) (a) 2. May administer a prescription drug to a pupil in compliance
12with the written instructions of a practitioner if the pupil's parent or guardian
13consents in writing; the prescription drug is supplied by the pupil's parent or
14guardian
in the original pharmacy-labeled package; and the package specifies the
15name of the pupil, the name of the prescriber, the name of the prescription drug, the
16dose, the effective date, and the directions in a legible format.
AB62-ASA1, s. 6 17Section 6. 118.29 (6) of the statutes, as created by 2009 Wisconsin Act 160, is
18renumbered 118.29 (6) (a) (intro.) and amended to read:
AB62-ASA1,4,2519 118.29 (6) (a) (intro.) Notwithstanding sub. (2) (a) 1. to 2r., and subject to par.
20(b),
no school bus driver, employee, or volunteer may administer a any of the
21following
nonprescription drug product products or prescription drug under sub. (2)
22(a) 1. or 2., use an epinephrine auto-injector under sub. (2) (a) 2m., or administer
23glucagon under sub. (2) (a) 2r.
drugs unless he or she has received training, approved
24by the department, in administering these nonprescription drug products and
25prescription drugs.:
AB62-ASA1,5,1
1(b) This subsection does not apply to health care professionals.
AB62-ASA1, s. 7 2Section 7. 118.29 (6) (a) 1., 2. and 3. of the statutes are created to read:
AB62-ASA1,5,43 118.29 (6) (a) 1. A nonprescription drug product or prescription drug product
4that must be injected into a pupil.
AB62-ASA1,5,65 2. A nonprescription drug product or prescription drug product that must be
6inhaled by a pupil.
AB62-ASA1,5,87 3. A nonprescription drug product or prescription drug product that must be
8rectally administered to a pupil.
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