LRB-1553/1
TKK:wlj&jld:md
2011 - 2012 LEGISLATURE
March 22, 2011 - Introduced by Senators Olsen and Harsdorf, cosponsored by
Representatives Kestell, Kooyenga, Ziegelbauer, Thiesfeldt, Petersen,
Spanbauer, Marklein, Brooks, Strachota, Kaufert, LeMahieu
and Jacque.
Referred to Committee on Health.
SB45,1,6 1An Act to repeal 118.29 (1) (bg), 118.29 (1) (dm), 118.29 (2) (a) 1. b. and 118.29
2(6); to renumber and amend 118.29 (2) (a) 1. a.; to amend 115.001 (11), 115.88
3(1m) (am), 115.88 (1m) (b), 118.29 (1) (a), 118.29 (2) (a) 2., 118.29 (2) (a) 2r.,
4118.29 (2) (a) 3., 118.29 (2) (b), 118.29 (4) and 118.29 (5); and to repeal and
5recreate
118.29 (1) (b) of the statutes; relating to: administration of
6medication 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 take effect on March 1, 2011.
With one exception, this bill repeals the changes made in Act 160.
School nurses
Under Act 160, a school nurse is defined as a registered nurse who has a
bachelor's degree in nursing or who is employed by, or under contract with, a school
board, a cooperative educational service agency (CESA), a county children with
disabilities education board (CCDEB), or an independent charter school as a nurse
on the effective date of the bill. A school nurse need not be licensed by the Department
of Public Instruction (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 bill directs DPI to license as a school nurse any registered nurse who is
qualified to perform professional nursing services in a public school. 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, is immune from civil liability
for referring a pupil to law enforcement authorities, or for removing a pupil from
school premises, for suspicion of possession, distribution, delivery, or consumption
of an alcohol beverage or controlled substance, and only a licensed school nurse may
be employed for a special education program.
Administration of drugs to pupils
Under Act 160, a school bus operator, and any school, CCDEB, or CESA
employee or volunteer authorized by a school district, CCDEB, or CESA
administrator, or by a school principal, may administer a nonprescription drug 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 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. A pupil may be administered a nonprescription drug
in a dosage other than the recommended therapeutic dose only with the written
approval of the pupil's practitioner.
This bill eliminates the requirements relating to the packaging and labeling of
a nonprescription drug and the requirement that the nonprescription drug be
supplied by the pupil's parent or guardian. The bill also eliminates the provision
related to administration of a dosage other than the recommended therapeutic dose.
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 bill eliminates the requirements relating to the
packaging and labeling of the prescription drug and 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 or drugs to a pupil unless the person has received appropriate training
that has been approved by DPI. This bill eliminates the training requirement.
Under Act 160, a person administering a drug to a pupil is not immune from
civil liability if he or she has not received DPI-approved training, and the authorizer
is not immune from civil liability if he or she authorizes a person who has not received
DPI-approved training to administer a drug to a pupil.
This bill exempts any person enumerated above from civil liability for his or her
acts or omissions in administering a prescription or nonprescription drug to a pupil
unless he or she is a health care professional or the act or omission constitutes a high
degree of negligence. Similarly, any person who authorizes a person enumerated
above to administer a prescription or nonprescription drug to a pupil is immune from
civil liability for the act of authorization unless it constitutes a high degree of
negligence.
Prior to Act 160, each school board, CESA, CCDEB, and governing body of a
private school whose employees or volunteers are authorized to administer drugs or

prescription drugs to pupils was required to adopt a written policy governing the
procedures for administering drugs to pupils, including certain record-keeping
requirements. Act 160 made several modifications to the written policy
requirements, including the addition of a requirement that the written policy require
the documentation of the administration of each dose, including errors. This bill
retains this additional requirement, but restores the remainder of the written policy
language to pre-Act 160 law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB45, s. 1 1Section 1. 115.001 (11) of the statutes is amended to read:
SB45,3,62 115.001 (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 is also
4meets the qualifications for school nurses prescribed by the department by rule
5certified by the department as being qualified to perform professional nursing
6services in a public school
.
SB45, s. 2 7Section 2. 115.88 (1m) (am) of the statutes is amended to read:
SB45,4,48 115.88 (1m) (am) Subject to par. (b), if the operator of a charter school
9established under s. 118.40 (2r) operates a special education program and the state
10superintendent is satisfied that the operator of the charter school is complying with
1120 USC 1400 to 1491o, the state superintendent shall certify to the department of
12administration in favor of the operator of the charter school a sum equal to the
13amount that the operator of the charter school expended during the previous school
14year for salaries of full-time or part-time licensed teachers, licensed coordinators of
15special education, licensed school nurses, licensed school social workers, licensed
16school psychologists, licensed school counselors, paraprofessionals, licensed
17consulting teachers to work with any teacher of regular education programs who has

1a child with a disability in a class and any other personnel, as determined by the state
2superintendent, as costs eligible for reimbursement from the appropriation under s.
320.255 (2) (b). The state superintendent may audit costs under this paragraph and
4adjust reimbursement to cover only actual, eligible costs.
SB45, s. 3 5Section 3. 115.88 (1m) (b) of the statutes is amended to read:
SB45,4,126 115.88 (1m) (b) The department shall promulgate rules establishing the
7percentage of the salaries of licensed school nurses, licensed school social workers,
8licensed school psychologists, and licensed school counselors that may be certified
9under pars. (a) and (am) as costs eligible for reimbursement. For each category of
10personnel, the department shall base the percentage on the average percentage of
11work time that the category spends providing services to children with disabilities,
12including conducting evaluations under s. 115.782.
SB45, s. 4 13Section 4. 118.29 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 160,
14is amended to read:
SB45,4,1715 118.29 (1) (a) "Administer" means the direct application of a nonprescription
16drug product or prescription drug, whether by injection, ingestion or other means,
17to the human body.
SB45, s. 5 18Section 5. 118.29 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 160,
19is repealed and recreated to read:
SB45,4,2020 118.29 (1) (b) "Drug" has the meaning specified in s. 450.01 (10).
SB45, s. 6 21Section 6. 118.29 (1) (bg) of the statutes, as affected by 2009 Wisconsin Act 160,
22is repealed.
SB45, s. 7 23Section 7. 118.29 (1) (dm) of the statutes, as affected by 2009 Wisconsin Act
24160
, is repealed.
SB45, s. 8
1Section 8. 118.29 (2) (a) 1. a. of the statutes, as affected by 2009 Wisconsin Act
2160
, is renumbered 118.29 (2) (a) 1. and amended to read:
SB45,5,93 118.29 (2) (a) 1. Except as provided in subd. 1. b., may May administer any
4nonprescription drug product which may lawfully be sold over the counter without
5a prescription
to a pupil in compliance with the written instructions of the pupil's
6parent or guardian if the pupil's parent or guardian consents in writing , the
7nonprescription drug product is supplied by the pupil's parent or guardian in the
8original manufacturer's package, and the package lists the ingredients and
9recommended therapeutic dose in a legible format
.
SB45, s. 9 10Section 9. 118.29 (2) (a) 1. b. of the statutes, as affected by 2009 Wisconsin Act
11160
, is repealed.
SB45, s. 10 12Section 10. 118.29 (2) (a) 2. of the statutes, as affected by 2009 Wisconsin Act
13160
, is amended to read:
SB45,5,1914 118.29 (2) (a) 2. May administer a prescription drug to a pupil in compliance
15with the written instructions of a practitioner if the pupil's parent or guardian
16consents in writing; the prescription drug is supplied by the pupil's parent or
17guardian in the original pharmacy-labeled package; and the package specifies the
18name of the pupil, the name of the prescriber, the name of the prescription drug, the
19dose, the effective date, and the directions in a legible format
.
SB45, s. 11 20Section 11. 118.29 (2) (a) 2r. of the statutes, as affected by 2009 Wisconsin Act
21160
, is amended to read:
SB45,6,322 118.29 (2) (a) 2r. Except for glucagon administered under subd. 2., may
23administer glucagon to any pupil who the school bus driver, employee, or volunteer
24knows is diabetic and who
appears to be experiencing a severe low blood sugar
25hypoglycemic event with altered consciousness if, as soon as practicable, the school

1bus operator, employee, or volunteer reports the event by dialing the telephone
2number "911" or, in an area in which the telephone number "911" is not available, the
3telephone number for
to an emergency medical service provider.
SB45, s. 12 4Section 12. 118.29 (2) (a) 3. of the statutes, as affected by 2009 Wisconsin Act
5160
, is amended to read:
SB45,6,106 118.29 (2) (a) 3. Subject to sub. (4m), is immune from civil liability for his or
7her acts or omissions in administering a nonprescription drug product or
8prescription drug to a pupil under subd. 1., 2., 2m., or 2r. unless the act is in violation
9of sub. (6) or the act
or omission constitutes a high degree of negligence. This
10subdivision does not apply to health care professionals.
SB45, s. 13 11Section 13. 118.29 (2) (b) of the statutes, as affected by 2009 Wisconsin Act
12160
, is amended to read:
SB45,6,2113 118.29 (2) (b) Subject to sub. (4m), any school district administrator, county
14children with disabilities education board administrator, cooperative educational
15service agency administrator, public, private, or tribal school principal, or private or
16tribal school administrator who authorizes an employee or volunteer to administer
17a nonprescription drug product or prescription drug to a pupil under par. (a) is
18immune from civil liability for the act of authorization unless it constitutes a high
19degree of negligence or the administrator or principal authorizes a person who has
20not received the required training under sub. (6) to administer a nonprescription
21drug product or prescription drug to a pupil
.
SB45, s. 14 22Section 14. 118.29 (4) of the statutes, as affected by 2009 Wisconsin Act 160,
23is amended to read:
SB45,7,1624 118.29 (4) Written policies. Any school board, county children with
25disabilities education board, cooperative educational service agency or governing

1body of a private school whose employees or volunteers may be authorized to
2administer nonprescription drug products drugs or prescription drugs to pupils
3under this section shall adopt a written policy governing the administration of
4nonprescription drug products drugs and prescription drugs to pupils. In developing
5the policy, the school board, board, agency or governing body shall seek the assistance
6of one or more school nurses appropriate health care professionals who are
7employees of the school board, board, agency or governing body or are providing
8services or consultation under s. 121.02 (1) (g). The policy shall include procedures
9for obtaining and filing in the school or other appropriate facility the written
10instructions and consent required under sub. (2) (a), for the periodic review of such
11written instructions by a registered nurse licensed under s. 441.06 or in a party state,
12as defined in s. 441.50 (2) (j)
, for the storing of nonprescription drug products drugs
13and prescription drugs, and for record keeping, including documenting the
14administration of each dose, including errors, and for the appropriate instruction of
15persons who may be authorized to administer drugs or prescription drugs to pupils
16under this section
.
SB45, s. 15 17Section 15. 118.29 (5) of the statutes is amended to read:
SB45,7,2018 118.29 (5) Exemption. No employee except a health care professional may be
19required to administer a nonprescription drug product or prescription drug to a pupil
20under this section by any means other than ingestion.
SB45, s. 16 21Section 16. 118.29 (6) of the statutes, as affected by 2009 Wisconsin Act 160,
22is repealed.
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