AB96: Bill Text

2017 - 2018 LEGISLATURE

2017 Assembly BILL 96

February 24, 2017 - Introduced by Representatives Jacque, Shankland, Kremer, Nygren, Tittl, Allen, Horlacher, Krug, Murphy, Mursau, Skowronski, Steffen, Subeck and Thiesfeldt, cosponsored by Senators Olsen, Carpenter, L. Taylor and Wirch, by request of the family of Dillon Mueller. Referred to Committee on Health.

AB96,1,5 An Act to amend 255.07 (1) (b), 255.07 (2), 255.07 (3), 255.07 (4) (intro.), 255.07 (4) (b), 255.07 (5) (a) (intro.), 255.07 (6) (a) 1., 255.07 (6) (a) 2., 255.07 (6) (a) 3., 450.11 (1) and 450.11 (4) (a) 5. d.; and to create 255.07 (1) (bg) of the statutes; relating to: supply and use of epinephrine auto-injectors by certain authorized individuals.

Analysis by the Legislative Reference Bureau

This bill allows an authorized individual to acquire and maintain a supply of epinephrine auto-injectors and provide or administer an epinephrine auto-injector to an individual that the authorized individual believes is experiencing anaphylaxis regardless of whether that individual has a prescription for an epinephrine auto-injector or has been diagnosed with an allergy. Under the bill, an authorized individual is one who operates or participates in a business, activity, or event at which allergens capable of causing anaphylaxis may be present.

Under current law, certain prescribers are allowed to prescribe epinephrine auto-injectors in the name of authorized entities. Authorized entities, currently, are entities or organizations, other than schools, that operate a business, activity, or event at which allergens capable of causing anaphylaxis may be present. Current law allows an authorized entity to acquire and maintain a supply of epinephrine auto-injectors and requires those that do to comply with certain storage requirements for the auto-injectors. An employee or agent of an authorized entity, or other individual, who has completed the required training may use an epinephrine auto-injector to provide or administer to an individual that he or she believes is experiencing anaphylaxis. Under current law the authorized entity, its employees or agents, and other individuals are not liable for injuries resulting from administering or failing to administer an epinephrine auto-injector. This bill allows prescribers to prescribe epinephrine auto-injectors to authorized individuals, allows authorized individuals to acquire and maintain a supply of epinephrine auto-injectors, subjects authorized individuals to the same storage and training requirements as authorized entities, and provides the same liability exemptions to authorized individuals as current law provides for authorized entities. Additionally, the bill expands authorized entities to include entities and organizations that participate in a business, activity, or event at which allergens capable of causing anaphylaxis may be present.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB96,1 Section 1. 255.07 (1) (b) of the statutes is amended to read:

AB96,2,6 255.07 (1) (b) “Authorized entity" means any entity or organization, other than a school described in s. 118.2925, operating or participating in a business, activity, or event at which allergens capable of causing anaphylaxis may be present, including a recreational and educational camp, college, university, day care facility, youth sports league, amusement park, restaurant, place of employment, and sports arena.

AB96,2 Section 2. 255.07 (1) (bg) of the statutes is created to read:

AB96,2,12 255.07 (1) (bg) “Authorized individual” means an individual operating or participating in a business, activity, or event at which allergens capable of causing anaphylaxis may be present, including a recreational and educational camp, college, university, day care facility, youth sports league, amusement park, restaurant, place of employment, and sports arena.

AB96,3 Section 3. 255.07 (2) of the statutes is amended to read:

AB96,3,4 255.07 (2) Prescribing to an authorized entity or individual permitted. A health care practitioner may prescribe an epinephrine auto-injector in the name of an authorized entity or an authorized individual for use in accordance with this section.

AB96,4 Section 4. 255.07 (3) of the statutes is amended to read:

AB96,3,14 255.07 (3) Authorized entities or individuals permitted to maintain supply. An authorized entity or an authorized individual may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The authorized entity or authorized individual shall store an epinephrine auto-injector in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use. An authorized entity shall designate an employee or agent who has completed the training required in sub. (5) to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

AB96,5 Section 5. 255.07 (4) (intro.) of the statutes is amended to read:

AB96,3,19 255.07 (4) Use of epinephrine auto-injectors. (intro.) An employee or agent of an authorized entity, an authorized individual, or other individual, who has completed the training required by sub. (5) may use an epinephrine auto-injector prescribed under sub. (2) to do any of the following:

AB96,6 Section 6. 255.07 (4) (b) of the statutes is amended to read:

AB96,3,24 255.07 (4) (b) Administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

AB96,7 Section 7. 255.07 (5) (a) (intro.) of the statutes is amended to read:

AB96,4,7 255.07 (5) (a) (intro.) An employee, agent, or other individual described in sub. (3) or (4) shall complete an anaphylaxis training program and at least every 4 years thereafter. The employee, agent, or other individual shall complete a training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an organization approved by the department. The department may approve an organization to conduct training, either online or in person, that covers, at a minimum, all of the following:

AB96,8 Section 8. 255.07 (6) (a) 1. of the statutes is amended to read:

AB96,4,12 255.07 (6) (a) 1. An authorized entity or authorized individual that possesses and makes available an epinephrine auto-injector and its employees, agents, authorized individuals, and other individuals that store, maintain, control, oversee, provide, or use an epinephrine auto-injector.

AB96,9 Section 9. 255.07 (6) (a) 2. of the statutes is amended to read:

AB96,4,15 255.07 (6) (a) 2. A health care practitioner who prescribes or dispenses an epinephrine auto-injector to an authorized entity or authorized individual.

AB96,10 Section 10. 255.07 (6) (a) 3. of the statutes is amended to read:

AB96,4,18 255.07 (6) (a) 3. A pharmacist or other person who dispenses an epinephrine auto-injector to an authorized entity or authorized individual.

AB96,11 Section 11. 450.11 (1) of the statutes is amended to read:

AB96,5,9 450.11 (1) Dispensing. Except as provided in sub. (1i) (b) 2., no person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall specify the date of issue, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device, the symptom or purpose for which the drug is being prescribed if required under sub. (4) (a) 8., and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in ss. 118.2925 (3), 255.07 (2), 441.18 (2) (a) 1., 448.035 (2), and 448.037 (2) (a) 1. and except for standing orders issued under s. 441.18 (2) (a) 2. or 448.037 (2) (a) 2., all prescription orders shall also specify the name and address of the patient. A prescription order issued under s. 118.2925 (3) shall specify the name and address of the school. A prescription order issued under s. 255.07 (2) shall specify the name and address of the authorized entity or authorized individual. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2).

AB96,12 Section 12. 450.11 (4) (a) 5. d. of the statutes is amended to read:

AB96,5,13 450.11 (4) (a) 5. d. For an epinephrine auto-injector prescribed under s. 118.2925 (3) or 255.07 (2), the name of the school, authorized entity, authorized individual, or other person specified under s. 255.07 (3).

AB96,5,14 (End)