People are unhappy with Wisconsin’s new medication law, Act 160: Students can no longer receive over-the-counter medication from health care professionals if parents do not provide it. 

Act 160 went into effect March 1. Nurse practitioner Joan Mezera says the act’s appeal is in process. She hopes it will be overturned by the start of next school year. 

“School absentees will rise. Girls with bad menstrual cramps might go home because they do not have access to medication,” Mezera said.

 Mezera also feels Act 160 promotes students hiding medications and possibly taking the wrong dosage. She feels she could educate students about medications and proper use once the act gets overturned.

“I do not agree with the act. It is a big disservice [to students],” Mezera said.

According to Mezera, Wisconsin put Act 160, Wisconsin Statute Section 118.29, into effect as a response to angry parents upset about medication given without consent.

“It does not ban nonprescription medication; however, it does restrict the source of access to the nonprescription medications,” said Rachel Gallagher, Wisconsin DPI School Nurse and Health Service Consultant, in a phone interview.

Over-the-counter medications include Tylenol, Benadryl, Neosporin and throat lozenges. Medications sold without a prescription order, prepackaged for use by consumers and labeled in accordance with the requirements of state and federal law are over-the-counter. 

Health care professionals may administer over-the-counter medication to a student if the student has written instructions from the parent or guardian. If the parent or guardian does give written consent, the over-the-counter drug must be supplied in the original manufacturer’s package with the ingredients and recommended dosage in legible format.

Over-the-counter medications can be administered to students in a dosage other than the recommended dosage only if the students’ doctors give written approval.

“It’s a little different for me, since I’m a nurse practitioner. I can prescribe medication. If a student has severe pain, I could prescribe a dosage higher than the recommended dose. I don’t do this often; it’s a gray area,” Mezera said.

In emergency situations, school authorities can give an epinephrine auto-injector, a medical device delivering a measured dose of adrenaline for allergic reactions, if they report the reaction to 911 or an emergency medical service.

“We cannot give over-the-counter medication until the act is appealed,” nursing assistant Trevea Gray said.