About this information:
This information was prepared by the Legal Advocacy division of the American Diabetes Association® (ADA), a national leader in diabetes information and advocacy. This information covers state rules on diabetes care in Wisconsin schools, and may not include all the relevant rules and important details. While ADA strives to provide current information, laws and resources can frequently change. This information is not legal advice and professional legal advice should be sought as needed.
1. Does Wisconsin allow people who are not health care professionals to administer insulin at school?
Yes. Wisconsin allows both public and private school employees or other volunteers to administer prescription drugs, including insulin:
“a school bus operator […] [or] any school employee or volunteer […] [m]ay administer a prescription drug to a pupil in compliance with the written instructions of a practitioner if the pupils parent or guardian consents in writing; the prescription drug is supplied by the pupils parent or guardian in the original pharmacy-labeled package; and the package specifies the name of the pupil, the name of the prescriber, the name of the prescription drug, the dose, the effective date, and the directions in a legible format.” Wis. Stat. § 118.29(2)(a).
2. Does Wisconsin allow people who are not health care professionals to administer glucagon at school?
Yes. Wisconsin specifically allows trained public and private school employees or other volunteers to administer glucagon:
“any school employee or volunteer […] may administer glucagon to any pupil who the school bus driver, employee, or volunteer knows is diabetic and who appears to be experiencing a severe low blood sugar event with altered consciousness if, as soon as practicable, the school bus operator, employee, or volunteer reports the event 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.” Wis. Stat. § 118.29 (2)(a).
Additionally, Wisconsin allows schools to obtain a prescription for undesignated glucagon to keep on site in case of emergencies. Any school employee, bus driver, or other school staff may administer undesignated glucagon.
“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.” Wis. Stat. § 118.294
3. Does Wisconsin allow students to self-manage diabetes care anytime, anywhere?
Unclear. Wisconsin law does not specifically mention self-management of diabetes care. However, Wisconsin school nurse guidance recommends self-management for capable students.
“All students have varied levels of independence with their diabetes management. […] The level of supervision must be agreed upon by the parent, student, and school staff in agreement with the school district policies & procedures. The student’s medical management team is available for consultation for clarification of appropriate and safe supervision levels. All elementary and middle school students need guidance and supervision to be successful in diabetes self-care skills. Most high school students can independently care for diabetes during the school day.” Wisc. Dept. of Public Instruction, School Nurse Update
Regardless, federal laws may allow capable students to self-manage. This may be necessary so that children with diabetes can access education just like any other child. In case of a conflict between federal and state laws, federal laws protect the rights of children. The law in this area is very complicated so we encourage you to contact us for further information.
4. Does Wisconsin allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices anytime and anywhere?
Yes. Wisconsin law does not specifically mention carrying diabetes care supplies. However, Guidance from the state Department of Health Services indicates students may carry diabetes supplies.
Section 504 Sample Plan: “The student shall have immediate access to blood glucose testing equipment, insulin and syringes, and to glucose in the form of food, juice, glucose gel or tablets in order to treat hypoglycemia. The student shall be permitted to carry this equipment with him/her at all times.”
5. Does Wisconsin allow students with diabetes to carry cellphones or smart devices for medical purposes?
Wisconsin currently does not have any statewide cellphone restrictions or bans for schools. However, individual schools or districts may create their own policies. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org. Additional resources can be found on our Safe at School homepage.
Resources:
For more information, see the following helpful resources:
- Wisconsin Statutes Section 118.29 Administration of drugs to pupils and emergency care
- Wisconsin Sample Diabetes 504 Plan
Additional Safe at School resources are available at diabetes.org/safeatschool. To receive information and guidance about a school diabetes care issue, contact 1-800-DIABETES (1-800-342-2383) or AskADA@diabetes.org
