SB 45

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