Wisconsin Statutes 118.294 – Undesignated glucagon
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Terms Used In Wisconsin Statutes 118.294
- Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Physician assistant: means a person who is licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
- Registered nurse: includes a registered nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16.
(am) “Advanced practice registered nurse” has the meaning given in s. 154.01 (1g).
(b) “Diabetes medical management plan” means a document developed by the personal health care team of a pupil that sets out the health services needed by the pupil at school and at school-sponsored activities and is signed by the personal health care team and the parent or guardian of the pupil.
(bm) “Diabetes provider” means a physician, physician assistant, or advanced practice registered nurse who has primary responsibility for the treatment and care of a pupil’s diabetes.
(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.
(f) “School” means a public school, including a charter school, or a private or tribal school.
(g) “School personnel” means an individual authorized under sub. (3) (b) to administer undesignated glucagon to a pupil.
(h) “Undesignated glucagon” means a glucagon approved by the federal food and drug administration for the treatment of severe hypoglycemia in a dosage form that can be rapidly administered to a patient with diabetes in a hypoglycemic emergency that is prescribed in the name of a school or school district.
(2) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe undesignated glucagon in the name of a school to be maintained by the school for use under sub. (3).
(3) Undesignated glucagon in schools.
118.294(3)(a) (a) The governing body of a school may obtain a prescription for undesignated glucagon under sub. (2) and maintain a supply of undesignated glucagon in any secure location that is immediately accessible to school personnel. The governing body of a school shall maintain any supply of undesignated glucagon in accordance with the manufacturer’s instructions.
(b) If authorized in writing by the governing body of a school, a school principal or school administrator, or the administrator of a county children with disabilities education board or cooperative educational service agency, any of the following may administer, on school premises or at a school-sponsored activity, undesignated glucagon to a pupil in accordance with the pupil’s diabetes medical management plan or the pupil’s diabetes provider’s order for glucagon if the pupil’s prescribed glucagon is not available on-site or has expired:
1. A school bus operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is operating.
2. A school employee or volunteer.
3. A county children with disabilities education board employee or volunteer.
4. A cooperative educational service agency employee or volunteer.
(c) As soon as practicable after the administration of undesignated glucagon, 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 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.
(3m) Independent authority. The authority to administer undesignated glucagon under sub. (3) (b) is independent of the authority to administer glucagon under s. 118.29 (2) (a) 2. and 2r.
(4) Immunity from civil liability; exemption from practice of medicine.
118.294(4)(a) (a) 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 undesignated glucagon are not liable for any injury that results from the administration of undesignated glucagon under this section, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s diabetes provider, 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 paragraph is in addition to and not in lieu of that provided under s. 895.48.
(b) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any governing body of a school, any school personnel, or any other employee or agent of a school or school board to acquire, make available, or administer undesignated glucagon.
(c) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any employer or any other person to supervise or exercise control over an individual’s provision or administration of undesignated glucagon if the employer or other person reasonably believes the individual is acting under authorization under sub. (3) (b).
(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.