PG:kjf:rs
2011 - 2012 LEGISLATURE
September 26, 2011 - Introduced by Representatives Strachota, Severson,
Pridemore, Petryk, Jacque, Steineke, Kaufert, Brooks, Ripp, Bies, Ballweg,
Rivard, Marklein, Endsley, Molepske Jr
and Bewley, cosponsored by
Senators Galloway, Harsdorf, Schultz, Cowles, Moulton, Vinehout and
Taylor. Referred to Committee on Insurance.
AB276,1,2 1An Act to amend 119.04 (1); and to create 118.292 of the statutes; relating to:
2allowing certain pupils to possess and use an epinephrine auto-injector.
Analysis by the Legislative Reference Bureau
This bill permits a pupil, while in school, at a school-sponsored activity, or
under the supervision of a school authority, to possess and use an epinephrine
auto-injector if the pupil uses the injector to prevent the onset or alleviate the
symptoms of an emergency situation. An emergency situation is a situation in which
a pupil reasonably believes that he or she is experiencing a severe allergic reaction,
including anaphylaxis, that requires the administration of epinephrine to avoid
severe injury or death.
The bill 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 a copy of the approval or approvals. Finally,
no public, private, or tribal school; public, private, or tribal school employee; or school
district or school board is civilly liable for an injury incurred by a pupil as a result
of using an epinephrine auto-injector or by a person as a result of a pupil possessing
or using an epinephrine auto-injector.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB276, s. 1 3Section 1. 118.292 of the statutes is created to read:
AB276,2,2
1118.292 Possession and use of epinephrine auto-injectors. (1g) In this
2section:
AB276,2,63 (a) "Emergency situation" means a situation in which a pupil reasonably
4believes that he or she is experiencing a severe allergic reaction, including
5anaphylaxis, that requires the administration of epinephrine to avoid severe injury
6or death.
AB276,2,97 (b) "Epinephrine auto-injector" means a device used for the automatic injection
8of epinephrine into the human body to prevent or treat a life-threatening allergic
9reaction.
AB276,2,1010 (c) "School" includes a public, private, and tribal school.
AB276,2,13 11(1r) While in school, at a school-sponsored activity or under the supervision
12of a school authority, a pupil may possess and use an epinephrine auto-injector if all
13of the following are true:
AB276,2,1514 (a) The pupil uses the epinephrine auto-injector to prevent the onset or
15alleviate the symptoms of an emergency situation.
AB276,2,1716 (b) The pupil has the written approval of the pupil's physician and, if the pupil
17is a minor, the written approval of the pupil's parent or guardian.
AB276,2,1918 (c) The pupil has provided the school principal with a copy of the approval or
19approvals under par. (b).
AB276,2,22 20(2) No school board, school district, private school, or tribal school, or any
21employee of the foregoing, is civilly liable for an injury incurred by any of the
22following:
AB276,2,2323 (a) A pupil as a result of using an epinephrine auto-injector under sub. (1r).
AB276,2,2524 (b) Any person as a result of a pupil possessing or using an epinephrine
25auto-injector under sub. (1r).
AB276, s. 2
1Section 2. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and
232, is amended to read:
AB276,3,123 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
5115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,
6118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153,
7118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24
8(1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.30
9to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125,
10120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38),
11120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and
12board.
AB276,3,1313 (End)
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