Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB450 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 450
5	5	September 28, 2023 - Introduced by Representatives MOSES, ROZAR, BALDEH,
6	6	BRANDTJEN, CABRERA, CONLEY, GUSTAFSON, MAXEY, MURPHY, O'CONNOR,
7	7	OHNSTAD, ORTIZ-VELEZ, RATCLIFF, SPIROS, SUBECK, TUSLER and MELOTIK,
8	8	cosponsored by Senators JAMES, TAYLOR, CABRAL-GUEVARA, FELZKOWSKI, QUINN
9	9	and SPREITZER. Referred to Committee on Education.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 450.11 (1); and to create 118.294 and 448.03 (2) (qm) of the
12	12	statutes; relating to: ready-to-use glucagon rescue therapies in schools.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill allows physicians, advanced practice nurse prescribers, and physician
15	15	assistants to provide prescriptions and standing orders for glucagon rescue
16	16	therapies for the treatment of severe hypoglycemia to public, private, and tribal
17	17	schools. Under the bill, the governing body of a school may maintain a supply of a
18	18	glucagon rescue therapy. The governing body of a school may authorize school
19	19	personnel to administer the glucagon rescue therapy to a pupil on school premises
20	20	or at a school-sponsored activity if the pupil's prescribed glucagon is not available
21	21	on-site or has expired. The bill requires the school personnel to report the
22	22	administration of the glucagon rescue therapy as soon as practicable to an
23	23	emergency medical service provider, to the school nurse if the school nurse did not
24	24	administer the glucagon rescue therapy, to the pupil's parent, guardian, or
25	25	emergency contact, if known, and to the pupil's health care provider, if known. Under
26	26	the bill, a school and its school personnel, and a physician, an advanced practice
27	27	nurse prescriber, or a physician assistant who provides a prescription or standing
28	28	order to a school for a glucagon rescue therapy are not liable for any injury that
29	29	results from the administration of the glucagon rescue therapy unless the injury is
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33	33	ASSEMBLY BILL 450
34	34	the result of an act or omission that constitutes gross negligence or willful or wanton
35	35	misconduct.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 118.294 of the statutes is created to read:
39	39	118.294 Ready-to-use glucagon rescue therapies. (1) DEFINITIONS. In
40	40	this section:
41	41	(a) “Advanced practice nurse prescriber” means an advanced practice nurse
42	42	who is certified under s. 441.16.
43	43	(b) “Diabetes care plan" means a document that specifies the diabetes-related
44	44	services needed by a pupil at school and at school-sponsored activities and identifies
45	45	the appropriate staff to provide and supervise these services.
46	46	(c) “Physician” means a person licensed to practice medicine and surgery under
47	47	ch. 448.
48	48	(d) “Physician assistant” means a person licensed under s. 448.974.
49	49	(e) “Ready-to-use undesignated glucagon rescue therapy" means a glucagon
50	50	rescue therapy approved by the federal food and drug administration that does not
51	51	require reconstitution for the treatment of severe hypoglycemia in a dosage form that
52	52	can be rapidly administered to a patient in an emergency, including prefilled
53	53	injectable or nasally administered glucagon, prescribed in the name of a school or
54	54	school district.
55	55	(f) “School" means a public, private, or tribal school.
56	56	(g) “School personnel" means a person who is employed by a school or school
57	57	district, a person who is employed by a local health department and assigned to a
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80	80	SECTION 1
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82	82	school, or a person who contracts with a school or school district to perform services
83	83	in connection with a pupil's diabetes care plan.
84	84	(2) PRESCRIPTIONS FOR SCHOOLS. A physician, an advanced practice nurse
85	85	prescriber, or a physician assistant may prescribe a ready-to-use undesignated
86	86	glucagon rescue therapy in the name of a school to be maintained by the school for
87	87	use under sub. (3). Ready-to-use undesignated glucagon rescue therapy
88	88	prescriptions shall be accompanied by a standing order for the administration of
89	89	school-supplied, ready-to-use undesignated glucagon rescue therapy for
90	90	potentially severe hypoglycemic reactions.
91	91	(3) READY-TO-USE UNDESIGNATED GLUCAGON RESCUE THERAPIES IN SCHOOLS. (a)
92	92	The governing body of a school may obtain a standing order for a ready-to-use
93	93	undesignated glucagon rescue therapy and maintain a supply of the ready-to-use
94	94	undesignated glucagon rescue therapy in any secure location that is immediately
95	95	accessible to school personnel. The governing body of a school shall maintain any
96	96	supply of ready-to-use undesignated glucagon rescue therapy in accordance with
97	97	the manufacturer's instructions.
98	98	(b) The governing body of a school may authorize school personnel to
99	99	administer, on school premises or at a school-sponsored activity, a ready-to-use
100	100	undesignated glucagon rescue therapy to a pupil in accordance with a standing order
101	101	from a physician, an advanced practice nurse practitioner, or a physician assistant
102	102	if the pupil's prescribed glucagon is not available on-site or has expired.
103	103	(c) As soon as practicable after the administration of a ready-to-use
104	104	undesignated glucagon rescue therapy, school personnel shall report the
105	105	administration by dialing the telephone number “911” or, in an area in which the
106	106	telephone number “911” is not available, the telephone number for an emergency
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133	133	SECTION 1 ASSEMBLY BILL 450
134	134	medical service provider and notify all of the following of the administration of
135	135	undesignated glucagon to the pupil:
136	136	1. The school nurse, if an individual other than the school nurse administered
137	137	the glucagon.
138	138	2. The pupil's parent, guardian, or emergency contact, if known.
139	139	3. The pupil's health care provider, if known.
140	140	(4) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM PRACTICE OF MEDICINE. A
141	141	school and its school personnel, and a physician, an advanced practice nurse
142	142	prescriber, or a physician assistant who provides a prescription or standing order for
143	143	a ready-to-use undesignated glucagon rescue therapy are not liable for any injury
144	144	that results from the administration of a ready-to-use undesignated glucagon
145	145	rescue therapy under this section, regardless of whether authorization was given by
146	146	the pupil's parent or guardian or by the pupil's physician, advanced practice nurse
147	147	prescriber, or physician assistant, unless the injury is the result of an act or omission
148	148	that constitutes gross negligence or willful or wanton misconduct. The immunity
149	149	from liability provided under this subsection is in addition to and not in lieu of that
150	150	provided under s. 895.48.
151	151	(5) HEALTH CARE PROFESSIONALS. Nothing in this section prohibits a health care
152	152	professional, as defined in s. 118.29 (1) (c), from acting within the scope of practice
153	153	of the health care professional's license, certificate, permit, or registration.
154	154	SECTION 2. 448.03 (2) (qm) of the statutes is created to read:
155	155	448.03 (2) (qm) The administration of a ready-to-use undesignated glucagon
156	156	rescue therapy in accordance with s. 118.294.
157	157	SECTION 3. 450.11 (1) of the statutes is amended to read:
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184	184	SECTION 3
185	185	ASSEMBLY BILL 450
186	186	450.11 (1) DISPENSING. Except as provided in sub. (1i) (b) 2., no person may
187	187	dispense any prescribed drug or device except upon the prescription order of a
188	188	practitioner. All prescription orders shall, except as provided in sub. (1a), specify the
189	189	date of issue, the name and address of the practitioner, the name and quantity of the
190	190	drug product or device prescribed, directions for the use of the drug product or device,
191	191	the symptom or purpose for which the drug is being prescribed if required under sub.
192	192	(4) (a) 8., and, if the order is written by the practitioner, the signature of the
193	193	practitioner. Except as provided in ss. 118.2925 (3), 118.294 (2), 255.07 (2), 441.18
194	194	(2) (a) 1., 448.035 (2), 448.037 (2) (a) 1., 448.9725 (2), and 448.9727 (2) (a) 1. and
195	195	except for standing orders issued under s. 441.18 (2) (a) 2., 448.037 (2) (a) 2., or
196	196	448.9727 (2) (a) 2., all prescription orders shall also specify the name and address of
197	197	the patient. A prescription order issued under s. 118.2925 (3) or 118.294 (2) shall
198	198	specify the name and address of the school. A prescription order issued under s.
199	199	255.07 (2) shall specify the name and address of the authorized entity or authorized
200	200	individual. Any oral prescription order shall be immediately reduced to writing by
201	201	the pharmacist and filed according to sub. (2).
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