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Bills from the 2011–12 session

Assembly Bill 62

Administration of medication to pupils

Topics: Drugs, Family, Guardian and ward, Nurses, Public Instruction, Department of, School: Health program

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Mar 28, 2011

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Read the full summary

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.

Who's behind it

12 lawmakers are its ⁠. 11 are Republicans and 1 is a Independent.

2 more lawmakers ⁠.

See all 14 names

Authors (12)

Signed on in support (2)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Education vote on an amendment

Passed, 11 to 0 · Aug 2, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by committee on Education, Ayes 11, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Aug 2, 2011

    Sent to the Assembly Committee on Rules.

  3. Aug 2, 2011

    The committee voted to recommend passing it, 8 to 3.

  4. Jun 2, 2011

    The committee held a public hearing.

  5. Apr 22, 2011

    A state agency sent in its estimate of the cost.

  6. Mar 28, 2011

    Sent to the Assembly Committee on Education.

  7. Mar 28, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 28, 2011 · Assembly

    Introduced by Representatives Kestell, Kooyenga, Brooks, Jacque, Kaufert, LeMahieu, Marklein, Petersen, Spanbauer, Strachota, Thiesfeldt and Ziegelbauer;Cosponsored by Senators Olsen and Harsdorf

  2. Mar 28, 2011 · Assembly

    Read first time and referred to committee on Education

  3. Apr 22, 2011 · Assembly

    Fiscal estimate received

  4. May 23, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representative Kestell

  5. Jun 1, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by Representative Kestell

  6. Jun 2, 2011 · Assembly

    Public hearing held

  7. Jun 6, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 offered by Representative Kestell

  8. Jun 9, 2011 · Assembly

    Executive action taken

  9. Aug 2, 2011 · Assembly

    Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by committee on Education, Ayes 11, Noes 0

  10. Aug 2, 2011 · Assembly

    Report Assembly Amendment 2 to Assembly Substitute Amendment 1 adoption recommended by committee on Education, Ayes 7, Noes 4

  11. Aug 2, 2011 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Education, Ayes 8, Noes 3

  12. Aug 2, 2011 · Assembly

    Report passage as amended recommended by committee on Education, Ayes 8, Noes 3

  13. Aug 2, 2011 · Assembly

    Referred to committee on Rules

  14. Sep 23, 2011 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 offered by Representative Kestell

  15. Oct 21, 2011 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 1 offered by Representative Pope-Roberts

  16. Oct 21, 2011 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 1 offered by Representative Pope-Roberts

  17. Oct 27, 2011 · Assembly

    Placed on calendar 11-1-2011 by committee on Rules

  18. Nov 1, 2011 · Assembly

    Laid on the table

  19. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote