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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 450
September 28, 2023 - Introduced by Representatives MOSES, ROZAR, BALDEH,
BRANDTJEN, CABRERA, CONLEY, GUSTAFSON, MAXEY, MURPHY, O'CONNOR,
OHNSTAD, ORTIZ-VELEZ, RATCLIFF, SPIROS, SUBECK, TUSLER and MELOTIK,
cosponsored by Senators JAMES, TAYLOR, CABRAL-GUEVARA, FELZKOWSKI, QUINN
and SPREITZER. Referred to Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 450.11 (1); and to create 118.294 and 448.03 (2) (qm) of the
statutes; relating to: ready-to-use glucagon rescue therapies in schools.
Analysis by the Legislative Reference Bureau
This bill allows physicians, advanced practice nurse prescribers, and physician
assistants to provide prescriptions and standing orders for glucagon rescue
therapies for the treatment of severe hypoglycemia to public, private, and tribal
schools. Under the bill, the governing body of a school may maintain a supply of a
glucagon rescue therapy. The governing body of a school may authorize school
personnel to administer the glucagon rescue therapy to a pupil on school premises
or at a school-sponsored activity if the pupil's prescribed glucagon is not available
on-site or has expired. The bill requires the school personnel to report the
administration of the glucagon rescue therapy as soon as practicable to an
emergency medical service provider, to the school nurse if the school nurse did not
administer the glucagon rescue therapy, to the pupil's parent, guardian, or
emergency contact, if known, and to the pupil's health care provider, if known. Under
the bill, a school and its school personnel, and a physician, an advanced practice
nurse prescriber, or a physician assistant who provides a prescription or standing
order to a school for a glucagon rescue therapy are not liable for any injury that
results from the administration of the glucagon rescue therapy unless the injury is
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ASSEMBLY BILL 450
the result of an act or omission that constitutes gross negligence or willful or wanton
misconduct.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 118.294 of the statutes is created to read:
118.294 Ready-to-use glucagon rescue therapies. (1) DEFINITIONS. In
this section:
(a) “Advanced practice nurse prescriber” means an advanced practice nurse
who is certified under s. 441.16.
(b) “Diabetes care plan" means a document that specifies the diabetes-related
services needed by a pupil at school and at school-sponsored activities and identifies
the appropriate staff to provide and supervise these services.
(c) “Physician” means a person licensed to practice medicine and surgery under
ch. 448.
(d) “Physician assistant” means a person licensed under s. 448.974.
(e) “Ready-to-use undesignated glucagon rescue therapy" means a glucagon
rescue therapy approved by the federal food and drug administration that does not
require reconstitution for the treatment of severe hypoglycemia in a dosage form that
can be rapidly administered to a patient in an emergency, including prefilled
injectable or nasally administered glucagon, prescribed in the name of a school or
school district.
(f) “School" means a public, private, or tribal school.
(g) “School personnel" means a person who is employed by a school or school
district, a person who is employed by a local health department and assigned to a
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SECTION 1
ASSEMBLY BILL 450
school, or a person who contracts with a school or school district to perform services
in connection with a pupil's diabetes care plan.
(2) PRESCRIPTIONS FOR SCHOOLS. A physician, an advanced practice nurse
prescriber, or a physician assistant may prescribe a ready-to-use undesignated
glucagon rescue therapy in the name of a school to be maintained by the school for
use under sub. (3). Ready-to-use undesignated glucagon rescue therapy
prescriptions shall be accompanied by a standing order for the administration of
school-supplied, ready-to-use undesignated glucagon rescue therapy for
potentially severe hypoglycemic reactions.
(3) READY-TO-USE UNDESIGNATED GLUCAGON RESCUE THERAPIES IN SCHOOLS. (a)
The governing body of a school may obtain a standing order for a ready-to-use
undesignated glucagon rescue therapy and maintain a supply of the ready-to-use
undesignated glucagon rescue therapy in any secure location that is immediately
accessible to school personnel. The governing body of a school shall maintain any
supply of ready-to-use undesignated glucagon rescue therapy in accordance with
the manufacturer's instructions.
(b) The governing body of a school may authorize school personnel to
administer, on school premises or at a school-sponsored activity, a ready-to-use
undesignated glucagon rescue therapy to a pupil in accordance with a standing order
from a physician, an advanced practice nurse practitioner, or a physician assistant
if the pupil's prescribed glucagon is not available on-site or has expired.
(c) As soon as practicable after the administration of a ready-to-use
undesignated glucagon rescue therapy, school personnel shall report the
administration 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
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SECTION 1 ASSEMBLY BILL 450
medical service provider and notify all of the following of the administration of
undesignated glucagon to the pupil:
1. The school nurse, if an individual other than the school nurse administered
the glucagon.
2. The pupil's parent, guardian, or emergency contact, if known.
3. The pupil's health care provider, if known.
(4) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM PRACTICE OF MEDICINE. A
school and its school personnel, and a physician, an advanced practice nurse
prescriber, or a physician assistant who provides a prescription or standing order for
a ready-to-use undesignated glucagon rescue therapy are not liable for any injury
that results from the administration of a ready-to-use undesignated glucagon
rescue therapy under this section, regardless of whether authorization was given by
the pupil's parent or guardian or by the pupil's physician, advanced practice nurse
prescriber, or physician assistant, unless the injury is the result of an act or omission
that constitutes gross negligence or willful or wanton misconduct. The immunity
from liability provided under this subsection is in addition to and not in lieu of that
provided under s. 895.48.
(5) HEALTH CARE PROFESSIONALS. Nothing in this section prohibits a health care
professional, as defined in s. 118.29 (1) (c), from acting within the scope of practice
of the health care professional's license, certificate, permit, or registration.
SECTION 2. 448.03 (2) (qm) of the statutes is created to read:
448.03 (2) (qm) The administration of a ready-to-use undesignated glucagon
rescue therapy in accordance with s. 118.294.
SECTION 3. 450.11 (1) of the statutes is amended to read:
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SECTION 3
ASSEMBLY BILL 450
450.11 (1) DISPENSING. Except as provided in sub. (1i) (b) 2., no person may
dispense any prescribed drug or device except upon the prescription order of a
practitioner. All prescription orders shall, except as provided in sub. (1a), specify the
date of issue, the name and address of the practitioner, the name and quantity of the
drug product or device prescribed, directions for the use of the drug product or device,
the symptom or purpose for which the drug is being prescribed if required under sub.
(4) (a) 8., and, if the order is written by the practitioner, the signature of the
practitioner. Except as provided in ss. 118.2925 (3), 118.294 (2), 255.07 (2), 441.18
(2) (a) 1., 448.035 (2), 448.037 (2) (a) 1., 448.9725 (2), and 448.9727 (2) (a) 1. and
except for standing orders issued under s. 441.18 (2) (a) 2., 448.037 (2) (a) 2., or
448.9727 (2) (a) 2., all prescription orders shall also specify the name and address of
the patient. A prescription order issued under s. 118.2925 (3) or 118.294 (2) shall
specify the name and address of the school. A prescription order issued under s.
255.07 (2) shall specify the name and address of the authorized entity or authorized
individual. Any oral prescription order shall be immediately reduced to writing by
the pharmacist and filed according to sub. (2).
(END)
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