January 2017 Special Session
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by
Committee on Senate Organization, Senators
Vukmir, Harsdorf, Craig, Darling, Olsen, Marklein, Lasee, Feyen,
Wanggaard, Testin, Cowles, L. Taylor and Carpenter, cosponsored by
Representatives Nygren, Novak, E. Brooks, Bernier, Petryk, Edming, Krug,
Petersen, Jagler, Felzkowski, Skowronski, Quinn, Steffen, Kremer, Ripp,
Swearingen, Kleefisch, Mursau, Tittl, Horlacher, Rohrkaste, Billings,
Ohnstad, Kolste, Rodriguez, Born, VanderMeer, Loudenbeck, Murphy,
Ballweg, Tranel, Fields, Kulp, Vruwink, Sargent, Subeck, Spreitzer,
Brostoff, Doyle, C. Taylor, Tusler, Zepnick, Sinicki, Hutton, Allen, Spiros,
Zamarripa, Knodl and Jacque, by request of Governor Scott Walker. Referred
to Committee on Health and Human Services.
1An Act to amend
118.29 (title) and 118.29 (2) (a) 3.; and to create
118.29 (1) (dr), 2
118.29 (1) (dt) and 118.29 (2) (a) 2g. of the statutes; relating to: emergency
3administration of opioid antagonist to pupils and other persons.
Analysis by the Legislative Reference Bureau
This bill exempts a school bus operator, a public, private, or tribal school,
Cooperative Educational Service Agency, or County Children with Disabilities
Education Board employee, or a volunteer authorized in writing by a school, CESA,
or CCDEB administrator or principal from civil liability for his or her acts or
omissions in administering an opioid antagonist to a pupil or other person who
appears to be undergoing an opioid-related drug overdose. The person who
administers the opioid antagonist must, as soon as practicable, report the drug
overdose by calling “911” or, if “911” is not available, the telephone number for an
emergency medical service provider.
Under current law, any of the persons authorized above may, similarly, use an
epinephrine auto-injector to administer epinephrine to any pupil who appears to be
experiencing a severe allergic reaction and administer glucagon to any pupil who the
person knows is diabetic and who appears to be experiencing a severe low blood sugar
event with altered consciousness, provided the person reports the allergic reaction
or low blood sugar event.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
118.29 (title) of the statutes is amended to read:
(title) Administration of drugs
to pupils and emergency care.
118.29 (1) (dr) of the statutes is created to read:
(dr) “Opioid antagonist" has the meaning given in s. 450.01 (13v).
118.29 (1) (dt) of the statutes is created to read:
(dt) “Opioid-related drug overdose" has the meaning given in s. 7
256.40 (1) (d).
118.29 (2) (a) 2g. of the statutes is created to read:
(a) 2g. May administer an opioid antagonist to any pupil or other 10
person who appears to be undergoing an opioid-related drug overdose if, as soon as 11
practicable, the school bus operator, employee, or volunteer reports the drug 12
overdose by dialing the telephone number “911" or, in an area in which the telephone 13
number “911" is not available, the telephone number for an emergency medical 14
118.29 (2) (a) 3. of the statutes is amended to read:
(a) 3. Subject to sub. (4m), is immune from civil liability for his or 17
her acts or omissions in administering a nonprescription drug product or 18
prescription drug to a pupil under subd. 1., 2., 2m., or 2r. or to a pupil or other person
19under subd. 2g.
unless the act is in violation of sub. (6) or the act or omission 20
constitutes a high degree of negligence. This subdivision does not apply to health 21