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.
SB45,4,1715
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.
SB45,4,2020
118.29
(1) (b) "Drug" has the meaning specified in s. 450.01 (10).
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.
SB45,5,1914
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.
SB45,6,322
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.
SB45,6,106
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.
SB45,6,2113
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.
SB45,7,1624
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.
SB45,8,2
1(1)
This act takes effect on March 1, 2011, or on the day after publication,
2whichever is later.