October 29, 2013 - Introduced by Senators Vukmir, Lazich, Grothman, Cowles and
Lassa, cosponsored by Representatives Severson, Kerkman, Kuglitsch,
Jacque, Nass, T. Larson, Bernier, A. Ott, Murphy, Knodl, Brooks, Ohnstad,
Kooyenga and LeMahieu. Referred to Committee on Education.
SB375,1,4 1An Act to repeal 118.29 (1) (bm) and 118.29 (2) (a) 2m.; to amend 118.29 (2) (a)
23. and 450.11 (1); and to create 118.2925 and 448.03 (2) (q) of the statutes;
3relating to: the use of an epinephrine auto-injector on school premises or at
4a school-sponsored activity.
Analysis by the Legislative Reference Bureau
Under current law, certain school personnel who are authorized to do so by the
school administrator, may administer an epinephrine auto-injector (a device
designated to prevent or treat a life-threatening allergic reaction) to a pupil who
appears to be experiencing a severe allergic reaction if the person who does so reports
the allergic reaction dialing 911 as soon as practicable.
This bill eliminates this provision. Under the bill, the governing body of a
public, private, or tribal school may adopt a plan for the management of pupils
attending the school who have life-threatening allergies. The plan must be approved
by a physician. If the governing body adopts a plan, it may authorize a school nurse,
or designated school personnel who have received training specified in the school's
plan, to do any of the following on a school premises or at a school-sponsored activity.
1. Provide an epinephrine auto-injector to a pupil to self-administer the
auto-injector in accordance with a prescription specific to the pupil that is on file
with the school nurse.
2. Administer an epinephrine auto-injector to a pupil in accordance with a
prescription specific to the pupil that is on file with the school nurse.

3. Administer an epinephrine auto-injector to a pupil or other person who the
school nurse or designated personnel believes is experiencing anaphylaxis,
regardless of whether the pupil or other person has a prescription for an epinephrine
auto-injector.
The bill grants immunity from civil liability for a school and specified school
personnel for injuries resulting from the administration or self-administration of
epinephrine auto-injectors. The bill requires each school that has adopted a plan
described above to report to the Department of Public Instruction each incident on
school premises or at a school-sponsored activity that involved a severe allergic
reaction or the administration of an epinephrine auto-injector.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB375,1 1Section 1. 118.29 (1) (bm) of the statutes is repealed.
SB375,2 2Section 2. 118.29 (2) (a) 2m. of the statutes is repealed.
SB375,3 3Section 3. 118.29 (2) (a) 3. of the statutes is amended to read:
SB375,2,84 118.29 (2) (a) 3. Subject to sub. (4m), is immune from civil liability for his or
5her acts or omissions in administering a nonprescription drug product or
6prescription drug to a pupil under subd. 1., 2., 2m., or 2r. unless the act is in violation
7of sub. (6) or the act or omission constitutes a high degree of negligence. This
8subdivision does not apply to health care professionals.
SB375,4 9Section 4. 118.2925 of the statutes is created to read:
SB375,2,11 10118.2925 Life-threatening allergies in schools; use of epinephrine
11auto-injectors. (1)
Definitions. In this section:
SB375,2,1312 (a) "Administer" means the direct application of an epinephrine auto-injector
13to a person's body.
SB375,2,1514 (b) "Advanced practice nurse prescriber" means an advanced practice nurse
15who is certified under s. 441.16.
SB375,3,216 (c) "Designated school personnel" means an employee, agent, or volunteer of
17a school, designated by the governing body of the school, who has completed the

1training specified in the plan adopted by the governing body of the school in sub. (2)
2(a).
SB375,3,53 (d) "Epinephrine auto-injector" means a device used for the automatic
4injection of epinephrine into the human body to prevent or treat a life-threatening
5allergic reaction.
SB375,3,76 (e) "Physician" means a person licensed to practice medicine and surgery under
7ch. 448.
SB375,3,88 (f) "Physician assistant" means a person licensed under s. 448.04 (1) (f).
SB375,3,99 (g) "School" means a public, private, or tribal school.
SB375,3,1110 (h) "Self-administer" means to administer an epinephrine auto-injector to
11one's own body.
SB375,3,16 12(2) School plan. (a) The governing body of a school may adopt a plan for the
13management of pupils attending the school who have life-threatening allergies. If
14the governing body of a school does so, it shall specify in the plan the training
15necessary to perform the activities under sub. (4). The governing body of a school
16may not adopt a plan unless it has been approved by a physician.
SB375,3,2017 (b) The governing body of a school that has adopted a plan under par. (a) shall
18make the plan available on the governing body's Internet site or the Internet site of
19each school under its jurisdiction or, if an Internet site does not exist, give a copy of
20the plan to any person upon request.
SB375,3,24 21(3) Prescriptions for schools. A physician, an advanced practice nurse
22prescriber, or a physician assistant may prescribe epinephrine auto-injectors in the
23name of a school that has adopted a plan under sub. (2) (a), to be maintained by the
24school for use under sub. (4).
SB375,4,4
1(4) Use of epinephrine auto-injectors. The governing body of a school that
2has adopted a plan under sub. (2) (a) may authorize a school nurse or designated
3school personnel to do any of the following on school premises or at a
4school-sponsored activity:
SB375,4,75 (a) Provide an epinephrine auto-injector to a pupil to self-administer the
6epinephrine auto-injector in accordance with a prescription specific to the pupil that
7is on file with the school nurse.
SB375,4,98 (b) Administer an epinephrine auto-injector to a pupil in accordance with a
9prescription specific to the pupil that is on file with the school nurse.
SB375,4,1410 (c) Administer an epinephrine auto-injector to a pupil or other person who the
11school nurse or designated school personnel in good faith believes is experiencing
12anaphylaxis in accordance with a standing protocol from a physician, an advanced
13practice nurse prescriber, or a physician assistant, regardless of whether the pupil
14or other person has a prescription for an epinephrine auto-injector.
SB375,4,24 15(5) Immunity from civil liability; exemption from practice of medicine. A
16school and its designated school personnel, and a physician, advanced practice nurse
17prescriber, or physician assistant who provides a prescription or standing protocol
18for school epinephrine auto-injectors, are not liable for any injury that results from
19the administration or self-administration of an epinephrine auto-injector under
20this section, regardless of whether authorization was given by the pupil's parent or
21guardian or by the pupil's physician, physician assistant, or advanced practice nurse
22prescriber, unless the injury is the result of an act or omission that constitutes gross
23negligence or willful or wanton misconduct. The immunity from liability provided
24under this subsection is in addition to and not in lieu of that provided under s. 895.48.
SB375,5,5
1(6) Reports. (a) The governing body of a school that has adopted a plan under
2sub. (2) (a) shall submit to the department, on a form developed by the department,
3a report of each incident on school premises or at a school-sponsored activity that
4involved a severe allergic reaction or the administration of an epinephrine
5auto-injector.
SB375,5,86 (b) The department shall annually publish a report that summarizes and
7analyzes all reports submitted to the department under par. (a) in the previous school
8year.
SB375,5 9Section 5. 448.03 (2) (q) of the statutes is created to read:
SB375,5,1110 448.03 (2) (q) The administration of an epinephrine auto-injector in
11accordance with s. 118.2925.
SB375,6 12Section 6. 450.11 (1) of the statutes is amended to read:
SB375,5,2313 450.11 (1) Dispensing. No person may dispense any prescribed drug or device
14except upon the prescription order of a practitioner. All prescription orders shall
15specify the date of issue, the name and address of the practitioner, the name and
16quantity of the drug product or device prescribed, directions for the use of the drug
17product or device, the symptom or purpose for which the drug is being prescribed if
18required under sub. (4) (a) 8., and, if the order is written by the practitioner, the
19signature of the practitioner. Except as provided in s. ss. 118.2925 (3) and 448.035
20(2), all prescription orders shall also specify the name and address of the patient. A
21prescription order issued under s. 118.2925 (3) shall specify the name and address
22of the school.
Any oral prescription order shall be immediately reduced to writing
23by the pharmacist and filed according to sub. (2).
SB375,5,2424 (End)
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