AB839: Bill Text

LRB-5505/1

TJD:amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 839

January 30, 2020 - Introduced by Representatives Sortwell, Dittrich, Shankland, Skowronski, Subeck and Tusler, cosponsored by Senators Jacque and Ringhand. Referred to Committee on Health.

AB839,1,8 An Act to renumber and amend 255.07 (2); to amend 118.292 (title), 118.292 (1r) (intro.) and (a) and (2) (a) and (b), 118.2925 (title), 118.2925 (1) (a), 118.2925 (1) (h), 118.2925 (3), 118.2925 (4) (title), (a), (b) and (c), 118.2925 (4m) (a) and (b), 118.2925 (5), 255.07 (title) and (1) (a), 255.07 (3), 255.07 (4), 255.07 (5) (a) 2. and 3., 255.07 (6) (a) (intro.), 1., 2. and 3., (b), (d), (e) and (f), 448.03 (2) (q) and 450.11 (4) (a) 5. d.; and to create 118.292 (1g) (bm), 118.2925 (1) (fm), 255.07 (1) (e) and 255.07 (2) (b) of the statutes; relating to: use of epinephrine prefilled syringes and standing order for epinephrine.

Analysis by the Legislative Reference Bureau

Current law allows designated school personnel and authorized entities and individuals who have completed a training program and school nurses to provide or administer epinephrine auto-injectors to pupils and other individuals. Pupils are also allowed under current law to possess and use an epinephrine auto-injector in certain circumstances. Current law allows prescribers to prescribe epinephrine auto-injectors in the name of the school or the name of the authorized entity or individual. This bill adds prefilled syringes to the authorities granted for prescription, possession, and administration of epinephrine auto-injectors in current law. A “prefilled syringe” is defined in the bill as “a device that is approved by the federal Food and Drug Administration, that contains a dose of epinephrine, and that is used for the manual injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.”

The bill allows a health care provider with prescribing authority who is employed by or under contract with the Department of Health Services to issue a statewide standing order for the dispensing of epinephrine auto-injectors or prefilled syringes for use by trained individuals. The bill also allows prescribers to issue a standing order for the dispensing of epinephrine auto-injectors or prefilled syringes for use by trained individuals. Under current law, certain prescribers are allowed to issue standing orders for the dispensing of an opioid antagonist, and DHS has issued a statewide standing order for the dispensing of naloxone, which is an opioid antagonist.

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:

AB839,1 Section 1. 118.292 (title) of the statutes is amended to read:

AB839,2,2 118.292 (title) Possession and use of epinephrine auto-injectors.

AB839,2 Section 2. 118.292 (1g) (bm) of the statutes is created to read:

AB839,2,7 118.292 (1g) (bm) “Prefilled syringe” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used for the manual injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

AB839,3 Section 3. 118.292 (1r) (intro.) and (a) and (2) (a) and (b) of the statutes are amended to read:

AB839,2,12 118.292 (1r) (intro.) While in school, at a school-sponsored activity or under the supervision of a school authority, a pupil may possess and use an epinephrine auto-injector or prefilled syringe if all of the following are true:

AB839,2,14 (a) The pupil uses the epinephrine auto-injector or prefilled syringe to prevent the onset or alleviate the symptoms of an emergency situation.

AB839,3,2 (2) (a) A pupil as a result of using an epinephrine auto-injector or prefilled syringe under sub. (1r).

AB839,3,4 (b) Any person as a result of a pupil possessing or using an epinephrine auto-injector or prefilled syringe under sub. (1r).

AB839,4 Section 4. 118.2925 (title) of the statutes is amended to read:

AB839,3,7 118.2925 (title) Life-threatening allergies in schools; use of epinephrine auto-injectors.

AB839,5 Section 5. 118.2925 (1) (a) of the statutes is amended to read:

AB839,3,10 118.2925 (1) (a) “Administer" means the direct application of an epinephrine auto-injector or prefilled syringe to a person's body.

AB839,6 Section 6. 118.2925 (1) (fm) of the statutes is created to read:

AB839,3,15 118.2925 (1) (fm) “Prefilled syringe” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used for the manual injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

AB839,7 Section 7. 118.2925 (1) (h) of the statutes is amended to read:

AB839,3,18 118.2925 (1) (h) “Self-administer" means to administer an epinephrine auto-injector or prefilled syringe to one's own body.

AB839,8 Section 8. 118.2925 (3) of the statutes is amended to read:

AB839,3,23 118.2925 (3) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe epinephrine auto-injectors or prefilled syringe in the name of a school that has adopted a plan under sub. (2) (a), to be maintained by the school for use under sub. (4).

AB839,9 Section 9. 118.2925 (4) (title), (a), (b) and (c) of the statutes are amended to read:

AB839,4,1 118.2925 (4) (title) Use of epinephrine auto-injectors.

AB839,4,4 (a) Provide an epinephrine auto-injector or prefilled syringe to a pupil to self-administer the epinephrine auto-injector or prefilled syringe in accordance with a prescription specific to the pupil that is on file with the school.

AB839,4,6 (b) Administer an epinephrine auto-injector or prefilled syringe to a pupil in accordance with a prescription specific to the pupil that is on file with the school.

AB839,4,19 (c) Administer an epinephrine auto-injector or prefilled syringe to a pupil or other person who the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis in accordance with a standing protocol from a physician, an advanced practice nurse prescriber, or a physician assistant, regardless of whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe. If the pupil or other person does not have a prescription for an epinephrine auto-injector or prefilled syringe, or the person who administers the epinephrine auto-injector or prefilled syringe does not know whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe, the person who administers the epinephrine auto-injector or prefilled syringe shall, as soon as practicable, report the administration by dialing the telephone number “911" or, in an area in which the telephone number “911" is not available, the telephone number for an emergency medical service provider.

AB839,10 Section 10. 118.2925 (4m) (a) and (b) of the statutes are amended to read:

AB839,4,24 118.2925 (4m) (a) The authority to self-administer an epinephrine auto-injector or prefilled syringe under sub. (4) (a) is independent of the authorized possession and use of an epinephrine auto-injector or prefilled syringe under s. 118.292 (1r).

AB839,5,3 (b) The authority to administer an epinephrine auto-injector or prefilled syringe under sub. (4) (b) and (c) is independent of the authority to administer an epinephrine auto-injector under s. 118.29 (2) (a) 2. and 2m.

AB839,11 Section 11. 118.2925 (5) of the statutes is amended to read:

AB839,5,15 118.2925 (5) Immunity from civil liability; exemption from practice of medicine. A school and its designated school personnel, and a physician, advanced practice nurse prescriber, or physician assistant who provides a prescription or standing protocol for school epinephrine auto-injectors or prefilled syringes, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector or prefilled syringe under this section, regardless of whether authorization was given by the pupil's parent or guardian or by the pupil's physician, physician assistant, or advanced practice nurse prescriber, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48.

AB839,12 Section 12. 255.07 (title) and (1) (a) of the statutes are amended to read:

AB839,5,18 255.07 (title) Life-saving allergy medication; use of epinephrine auto-injectors.

AB839,5,20 (1) (a) “Administer" means the direct application of an epinephrine auto-injector or prefilled syringe to the body of an individual.

AB839,13 Section 13. 255.07 (1) (e) of the statutes is created to read:

AB839,5,25 255.07 (1) (e) “Prefilled syringe” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used for the manual injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

AB839,14 Section 14. 255.07 (2) of the statutes is renumbered 255.07 (2) (a) and amended to read:

AB839,6,9 255.07 (2) (a) A health care practitioner may prescribe an epinephrine auto-injector or prefilled syringe in the name of an authorized entity or an authorized individual for use in accordance with this section. A health care practitioner may issue a standing order to one or more persons authorizing the dispensing of epinephrine auto-injectors or prefilled syringes for use under sub. (4) by an authorized individual or by an employee or agent of an authorized entity who has completed the training required by sub. (5).

AB839,15 Section 15. 255.07 (2) (b) of the statutes is created to read:

AB839,6,15 255.07 (2) (b) A health care provider with prescribing authority who is employed by or under contract with the department may issue a statewide standing order for the dispensing of epinephrine auto-injectors or prefilled syringes for use under sub. (4) by authorized individuals or by employees or agents of authorized entities who have completed the training required by sub. (5).