screening test, such as for hearing, vision, or scoliosis, and any follow-up to such test,
and any other basic health information, as determined by the state superintendent,” Wis.
Stat. sec. 118.125(1)(cm). Such basic health information includes a log of services, such
as physical or occupational therapy, provided under the authority of the school district,
but does not include records that contain such information as diagnoses, opinions, and
judgments made by a health care provider. Pupil physical health records are behavioral
records, except for a pupil’s immunization records and any lead screening records
required under Wis. Stat. sec. 254.162.
Patient health care records within a school are any pupil records that relate to a pupil’s
health and that do not fall within the definition of "pupil physical health record," Wis.
Stat. sec. 118.125(2m). In general, records relating to the health of a child that contain
such information as diagnoses, opinions, and judgments made by a health care provider,
except for records containing only the basic health information included in the definition
of pupil physical health records, are treated as "patient health care records." These
records must be treated consistent with Wis. Stat. sec. 118.125(2m), 146.81-84, including
those on which written, drawn, printed, spoken, visual, electromagnetic or digital
information is recorded or preserved, regardless of physical form or characteristics.
Wis. Stat. sec. 146.81(1), defines "health care provider" to include:
• a nurse licensed under ch. 441,
• a chiropractor licensed under ch. 446,
• a dentist licensed under ch. 447,
• a physician, physician assistant, perfusionist, or respiratory care practitioner licensed
or certified under subch. II of ch. 448,
• a physical therapist licensed under subch. III of ch. 448,
• a podiatrist licensed under subch. IV of ch. 448,
• a dietitian certified under subch. V of ch. 448,
• an athletic trainer licensed under subch. VI of ch. 448,
• an occupational therapist or occupational therapy assistant licensed under subch. VII
of ch. 448,
• an optometrist licensed under ch. 449,
• a pharmacist licensed under ch. 450,
• an acupuncturist certified under ch. 451,
• a psychologist licensed under ch. 455,
• a social worker, marriage and family therapist, or professional counselor certified or
licensed under ch. 457,
• a speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a
speech and language pathologist licensed by the Department of Public Instruction,
• a massage therapist or bodywork therapist licensed under ch. 460,
• a partnership of any providers specified under pars. (a) to (hp),
• a corporation or limited liability company of any providers specified under pars. (a) to
(hp) that provides health care services,
• a cooperative health care association organized under s. 185.981 that directly
provides services through salaried employees in its own facility,
• a hospice licensed under subch. IV of ch. 50,