LRB-4597/2
MJL:jlg:lp
1997 - 1998 LEGISLATURE
February 11, 1998 - Introduced by Representatives Jensen, Harsdorf, Kunicki,
Duff and Ward, cosponsored by Senators C. Potter, Burke, Rude, Chvala and
Grobschmidt. Referred to Committee on Education.
AB783,1,3
1An Act to amend 119.04 (1); and
to create 118.291 of the statutes;
relating to:
2allowing pupils to possess and use metered dose and dry powder inhalers while
3in school.
Analysis by the Legislative Reference Bureau
This bill permits an asthmatic pupil, while in school, to possess and use a
metered dose inhaler or dry powder inhaler if the pupil uses the inhaler before
exercise to prevent the onset of asthmatic symptoms or uses the inhaler to alleviate
asthmatic symptoms. The bill also requires the pupil to obtain the written approval
of the pupil's physician and, if the pupil is a minor, the written approval of the pupil's
parent or guardian, and to provide the school principal with copy of the approval or
approvals. Finally, no school district, school board or school district employe is civilly
liable for damage to any person caused by acts or omissions under this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB783, s. 1
4Section
1. 118.291 of the statutes is created to read:
AB783,1,7
5118.291 Asthmatic pupils; possession and use of inhalers. (1) While in
6school, an asthmatic pupil may possess and use a metered dose inhaler or dry powder
7inhaler if all of the following are true:
AB783,2,2
1(a)
The pupil uses the inhaler before exercise to prevent the onset of asthmatic
2symptoms or uses the inhaler to alleviate asthmatic symptoms.
AB783,2,43
(b) The pupil has the written approval of the pupil's physician and, if the pupil
4is a minor, the written approval of the pupil's parent or guardian.
AB783,2,65
(c) The pupil has provided the school principal with a copy of the approval or
6approvals under par. (b).
AB783,2,8
7(2) No school district, school board or school district employe is civilly liable for
8damage to any person caused by acts or omissions under this section.
AB783,2,1811
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
12115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
13(2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to
14118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20,
15118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258,
118.291, 118.30 to
16118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b)
17to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class
18city school district and board.
AB783,2,2020
(1)
This act takes effect on September 1, 1999.
