2009 WISCONSIN ACT
160
An Act
to renumber and amend
118.29 (2) (a) 1.;
to amend
115.001 (11), 115.88 (1), 115.88 (1m) (am), 115.88 (1m) (b), 118.29 (1) (a), 118.29 (2) (a) 2., 2r. and 3. and (b), 118.29 (4) and 118.29 (5);
to repeal and recreate
118.29 (1) (b); and
to create
118.29 (1) (bg), 118.29 (1) (dm), 118.29 (2) (a) 1. b. and 118.29 (6) of the statutes;
relating to:
school nurses and the administration of drugs to pupils and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1m
.
115.001 (11) of the statutes is amended to read:
115.001
(11)
School nurse.
"School nurse" means a registered nurse licensed under
ch. 441
s. 441.06
or in a party state, as defined in s. 441.50 (2) (j), who
is
also
certified by the department as being qualified to perform professional nursing services in a public school
meets the qualifications for school nurses prescribed by the department by rule
.
Section
3
.
115.88 (1) of the statutes is amended to read:
115.88
(1)
Personnel.
A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full- or part-time licensed teachers, licensed coordinators of special education,
licensed
school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel approved by the department. The board may contract with private or public agencies for physical or occupational therapy services on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.
Section
4
.
115.88 (1m) (am) of the statutes is amended to read:
115.88
(1m)
(am) Subject to par. (b), if the operator of a charter school established under s. 118.40 (2r) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with
20 USC 1400
to
1491o
, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education,
licensed
school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.
Section
5
.
115.88 (1m) (b) of the statutes is amended to read:
115.88
(1m)
(b) The department shall promulgate rules establishing the percentage of the salaries of
licensed
school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that may be certified under pars. (a) and (am) as costs eligible for reimbursement. For each category of personnel, the department shall base the percentage on the average percentage of work time that the category spends providing services to children with disabilities, including conducting evaluations under s. 115.782.
Section
6
.
118.29 (1) (a) of the statutes is amended to read:
118.29
(1)
(a) "Administer" means the direct application of a
nonprescription
drug
product
or prescription drug, whether by injection, ingestion or other means, to the human body.
Section
7
.
118.29 (1) (b) of the statutes is repealed and recreated to read:
118.29
(1)
(b) "Drug" means any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or any supplement to either of them.
Section
8
.
118.29 (1) (bg) of the statutes is created to read:
118.29
(1)
(bg) "Drug product" means a specific drug or drugs in a specific dosage form and strength from a known source of manufacture.
Section
9
.
118.29 (1) (dm) of the statutes is created to read:
118.29
(1)
(dm) "Nonprescription drug product" means any nonnarcotic drug product which may be sold without a prescription order and which is prepackaged for use by consumers and labeled in accordance with the requirements of state and federal law.
Section
10
.
118.29 (2) (a) 1. of the statutes is renumbered 118.29 (2) (a) 1. a. and amended to read:
118.29
(2)
(a) 1. a.
May
Except as provided in subd. 1. b., may
administer any
nonprescription
drug
which may lawfully be sold over the counter without a prescription
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 in writing
, the nonprescription drug product is supplied by the pupil's parent or guardian in the original manufacturer's package, and the package lists the ingredients and recommended therapeutic dose in a legible format
.
Section
11
.
118.29 (2) (a) 1. b. of the statutes is created to read:
118.29
(2)
(a) 1. b. May administer a nonprescription drug product to a pupil in a dosage other than the recommended therapeutic dose only if the request to do so is accompanied by the written approval of the pupil's practitioner.
Section
12
.
118.29 (2) (a) 2., 2r. and 3. and (b) of the statutes are amended to read:
118.29
(2)
(a) 2. May administer a prescription drug to a pupil in compliance with the written instructions of a practitioner if the pupil's parent or guardian consents in writing
; the prescription drug is supplied by the pupil's parent or guardian in the original pharmacy-labeled package; and the package specifies the name of the pupil, the name of the prescriber, the name of the prescription drug, the dose, the effective date, and the directions in a legible format
.
2r. Except for glucagon administered under subd. 2., may administer glucagon to any pupil who
the school bus driver, employee, or volunteer knows is diabetic and who
appears to be experiencing a severe
hypoglycemic
low blood sugar
event
with altered consciousness
if, as soon as practicable, the school bus operator, employee, or volunteer reports the event
to
by dialing the telephone number "911" or, in an area in which the telephone number "911" is not available, the telephone number for
an emergency medical service provider.
3. Is immune from civil liability for his or her acts or omissions in administering a
nonprescription
drug
product
or prescription drug to a pupil under subd. 1., 2., 2m., or 2r. unless the act
is in violation of sub. (6) or the act
or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.
(b) Any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public or private school principal
,
or private school administrator who authorizes an employee or volunteer to administer a
nonprescription
drug
product
or prescription drug to a pupil under par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence
or the administrator or principal authorizes a person who has not received the required training under sub. (6) to administer a nonprescription drug product or prescription drug to a pupil
.
Section
13
.
118.29 (4) of the statutes is amended to read:
118.29
(4)
Written policies.
Any school board, county children with disabilities education board, cooperative educational service agency or governing body of a private school whose employees or volunteers may be authorized to administer
drugs
nonprescription drug products
or prescription drugs to pupils under this section shall adopt a written policy governing the administration of
drugs
nonprescription drug products
and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more
appropriate health care professionals
school nurses
who are employees of the school board, board, agency or governing body or are providing services or consultation under s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under sub. (2) (a), for the periodic review of such written instructions
by a registered nurse licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j)
, for the storing of
drugs
nonprescription drug products
and prescription drugs,
and
for record keeping
and for the appropriate instruction of persons who may be authorized to administer drugs or prescription drugs to pupils under this section
, including documenting the administration of each dose, including errors
.
Section
14
.
118.29 (5) of the statutes is amended to read:
118.29
(5)
Exemption.
No employee except a health care professional may be required to administer a
nonprescription
drug
product
or prescription drug to a pupil under this section by any means other than ingestion.
Section
15
.
118.29 (6) of the statutes is created to read:
118.29
(6)
Training.
Notwithstanding sub. (2) (a) 1. to 2r., no school bus driver, employee, or volunteer may administer a nonprescription drug product or prescription drug under sub. (2) (a) 1. or 2., use an epinephrine auto-injector under sub. (2) (a) 2m., or administer glucagon under sub. (2) (a) 2r. unless he or she has received training, approved by the department, in administering nonprescription drug products and prescription drugs. This subsection does not apply to health care professionals.
Section
16m
.
Effective dates.
This act takes effect on the first day of the 12th month beginning after publication, except as follows:
(1)
The treatment of sections 115.001 (11) and 115.88 (1) and (1m) (am) and (b) of the statutes takes effect on January 1, 2011.
