2017 - 2018 LEGISLATURE
December 1, 2017 - Introduced by Representatives Considine, Hintz, Spreitzer, C.
Taylor, Bowen, Genrich, Hesselbein, Pope, Fields, Goyke, Zamarripa,
Berceau, Subeck, Anderson, Billings, Sargent, Shankland, Kolste and
Sinicki, cosponsored by Senators Erpenbach, Wirch, Johnson, Hansen and
Vinehout. Referred to Committee on Health.
1An Act to create
301.28 (3) of the statutes; relating to: administration of
2prescription drugs by correctional officers.
Analysis by the Legislative Reference Bureau
This bill prohibits a correctional officer who is not a health care provider from
administering a prescription drug to a prisoner unless the officer has, within the
previous year, had at least four hours of training on the administration and safe
handling of prescription drugs and on how to handle an allergic reaction to a
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
301.28 (3) of the statutes is created to read:
(a) In this subsection:
1. “Administer" means the direct application of a prescription drug, whether 6
by injection, ingestion, or other means, to the human body.
2. “Health care professional" means a person licensed as an emergency medical 8
technician under s. 256.15, a person certified as an emergency medical responder
under s. 256.15 (8), or any person licensed, certified, permitted, or registered under 2
chs. 441 or 446 to 449.
3. “Prescription drug" has the meaning given in s. 450.01 (20).
(b) No correctional officer may administer a prescription drug to a prisoner 5
unless one of the following applies:
1. The correctional officer is a health care professional.
2. The correctional officer has, within the immediately preceding 12 months, 8
undergone no less than 4 hours of training provided by or approved by the 9
department that provides instruction regarding the administration of prescription 10
drugs, the safe handling and disposal of prescription drugs, and how to recognize, 11
and action to take in the event of, an allergic reaction to a prescription drug.
3. An emergency exists in which the administration of a prescription drug is 13
necessary to prevent a loss of life or great bodily harm and no health care professional 14
or correctional officer under subd. 2. is available to administer the prescription drug.
(c) The department shall annually submit a report on or before December 31 16
to the chief clerk of each house of the legislature under s. 13.172 (2) describing the 17
training provided or approved under par. (b) 2. and the frequency of the training.