AB9: Bill Text

LRB-0082/1

JPC:emw

2023 - 2024 LEGISLATURE

2023 Assembly BILL 9

February 7, 2023 - Introduced by Representatives Sortwell, Goeben, Shankland, Brandtjen, Brooks, Cabrera, Knodl, Moses, Murphy, Rozar, Subeck, Tittl, Tusler, Wichgers and Vining, cosponsored by Senators Jacque, Ballweg, Cowles, Spreitzer and Wanggaard. Referred to Committee on Health, Aging and Long-Term Care.

AB9,1,10 An Act to repeal 118.29 (1) (bm), 118.292 (1g) (b), 118.292 (1g) (bm), 118.2925 (1) (d), 118.2925 (1) (fm), 255.07 (1) (c) and 255.07 (1) (e); to amend 118.29 (2) (a) 2m., 118.292 (1r) (intro.), 118.292 (1r) (a), 118.292 (2) (a), 118.292 (2) (b), 118.2925 (1) (h), 118.2925 (3), 118.2925 (4) (a), (b) and (c), 118.2925 (4m) (a), 118.2925 (4m) (b), 118.2925 (5), 255.07 (2) (a), 255.07 (2) (b), 255.07 (3), 255.07 (4), 255.07 (5) (a) 2., 255.07 (5) (a) 3., 255.07 (6) (a) (intro.), 255.07 (6) (a) 1., 2. and 3., 255.07 (6) (b), 255.07 (6) (d), 255.07 (6) (e), 255.07 (6) (f), 448.03 (2) (q) and 450.11 (4) (a) 5. d.; and to create 118.29 (1) (br), 118.292 (1g) (bg), 118.2925 (1) (dm) and 255.07 (1) (cm) of the statutes; relating to: use of epinephrine delivery systems and standing orders for epinephrine.

Analysis by the Legislative Reference Bureau

This bill amends current law authority related to the possession, administration, and dispensing of epinephrine auto-injectors and prefilled syringes of epinephrine to instead include all epinephrine delivery systems. Under the bill, “epinephrine delivery system” is defined to mean a device that is approved by the federal Food and Drug Administration, that contains a dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

Current law allows designated school personnel, school nurses, and other authorized entities and individuals who have completed a training program to provide or administer epinephrine auto-injectors and prefilled syringes to pupils and other individuals. “Authorized entities” are those entities or organizations that operate or participate in a business, activity, or event where anaphylaxis-causing allergens may be present. Authorized entities include restaurants, camps, institutions of higher education, places of employment, amusement parks, and sports leagues and arenas. The bill allows the same individuals and entities to provide or administer any epinephrine delivery system.

Under current law, pupils are also allowed to possess and use an epinephrine auto-injector or a prefilled syringe in certain circumstances while in school, participating in a school-sponsored activity, or under supervision by a school. Under the bill, pupils are allowed to possess and use any epinephrine delivery system under those same circumstances.

In addition, current law allows prescribers to prescribe epinephrine auto-injectors and prefilled syringes in the name of the school or the name of the authorized entity or individual. The bill provides prescribing authority for any epinephrine delivery system.

Finally, current law allows any prescriber to issue a standing order or a statewide standing order for the dispensing of epinephrine auto-injectors or prefilled syringes for use by trained individuals. The bill allows prescribers to issue a standing order or statewide standing orders for any epinephrine delivery system for use by trained individuals.

For further information see the state and local 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:

AB9,1 Section 1 . 118.29 (1) (bm) of the statutes is repealed.

AB9,2 Section 2 . 118.29 (1) (br) of the statutes is created to read:

AB9,2,6 118.29 (1) (br) “Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

AB9,3 Section 3 . 118.29 (2) (a) 2m. of the statutes is amended to read:

AB9,3,7 118.29 (2) (a) 2m. Except for epinephrine administered under subd. 2., may use an epinephrine auto-injector, or prefilled syringe, as defined in s. 118.292 (1g) (bm), epinephrine delivery system to administer epinephrine to any pupil who appears to be experiencing a severe allergic reaction if, as soon as practicable, the school bus operator, employee or volunteer reports the allergic reaction 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.

AB9,4 Section 4 . 118.292 (1g) (b) of the statutes is repealed.

AB9,5 Section 5 . 118.292 (1g) (bg) of the statutes is created to read:

AB9,3,13 118.292 (1g) (bg) “Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

AB9,6 Section 6 . 118.292 (1g) (bm) of the statutes is repealed.

AB9,7 Section 7 . 118.292 (1r) (intro.) of the statutes is amended to read:

AB9,3,19 118.292 (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 epinephrine delivery system if all of the following are true:

AB9,8 Section 8 . 118.292 (1r) (a) of the statutes is amended to read:

AB9,3,23 118.292 (1r) (a) The pupil uses the epinephrine auto-injector or prefilled syringe epinephrine delivery system to prevent the onset or alleviate the symptoms of an emergency situation.

AB9,9 Section 9 . 118.292 (2) (a) of the statutes is amended to read:

AB9,4,2 118.292 (2) (a) A pupil as a result of using an epinephrine auto-injector or prefilled syringe epinephrine delivery system under sub. (1r).

AB9,10 Section 10 . 118.292 (2) (b) of the statutes is amended to read:

AB9,4,6 118.292 (2) (b) Any person as a result of a pupil possessing or using an epinephrine auto-injector or prefilled syringe epinephrine delivery system under sub. (1r).

AB9,11 Section 11 . 118.2925 (1) (d) of the statutes is repealed.

AB9,12 Section 12 . 118.2925 (1) (dm) of the statutes is created to read:

AB9,4,12 118.2925 (1) (dm) “Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

AB9,13 Section 13 . 118.2925 (1) (fm) of the statutes is repealed.

AB9,14 Section 14 . 118.2925 (1) (h) of the statutes is amended to read:

AB9,4,16 118.2925 (1) (h) “Self-administer" means to administer an epinephrine auto-injector or prefilled syringe epinephrine delivery system to one's own body.

AB9,15 Section 15 . 118.2925 (3) of the statutes is amended to read:

AB9,4,22 118.2925 (3) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe epinephrine auto-injectors or prefilled syringes epinephrine delivery systems 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).

AB9,16 Section 16 . 118.2925 (4) (a), (b) and (c) of the statutes are amended to read:

AB9,5,2 118.2925 (4) (a) Provide an epinephrine auto-injector or prefilled syringe epinephrine delivery system to a pupil to self-administer the epinephrine auto-injector or prefilled syringe epinephrine delivery system in accordance with a prescription specific to the pupil that is on file with the school.

AB9,5,5 (b) Administer an epinephrine auto-injector or prefilled syringe epinephrine delivery system to a pupil in accordance with a prescription specific to the pupil that is on file with the school.

AB9,5,21 (c) Administer an epinephrine auto-injector or prefilled syringe epinephrine delivery system 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 epinephrine delivery system. If the pupil or other person does not have a prescription for an epinephrine auto-injector or prefilled syringe, epinephrine delivery system, or the person who administers the epinephrine auto-injector or prefilled syringe epinephrine delivery system does not know whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe epinephrine delivery system, the person who administers the epinephrine auto-injector or prefilled syringe epinephrine delivery system 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.

AB9,17 Section 17 . 118.2925 (4m) (a) of the statutes is amended to read:

AB9,6,2 118.2925 (4m) (a) The authority to self-administer an epinephrine auto-injector or prefilled syringe epinephrine delivery system under sub. (4) (a) is independent of the authorized possession and use of an epinephrine auto-injector or prefilled syringe epinephrine delivery system under s. 118.292 (1r).

AB9,18 Section 18 . 118.2925 (4m) (b) of the statutes is amended to read:

AB9,6,7 118.2925 (4m) (b) The authority to administer an epinephrine auto-injector or prefilled syringe epinephrine delivery system under sub. (4) (b) and (c) is independent of the authority to administer an epinephrine auto-injector epinephrine delivery system under s. 118.29 (2) (a) 2. and 2m.

AB9,19 Section 19 . 118.2925 (5) of the statutes is amended to read:

AB9,6,20 118.2925 (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 epinephrine delivery systems, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector or prefilled syringe epinephrine delivery system 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.