255.055 History
History: 2003 a. 176;
2011 a. 32,
222.
255.056(1)(h)
(h) “Supplies" means items that are necessary to administer a drug.
255.056(2)
(2) The department shall establish and maintain a drug repository program, under which any person may donate a drug or supplies, other than a drug specified under
sub. (2m), for use by an individual who meets eligibility criteria specified by rule by the department. Donation may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets requirements specified by rule by the department. The medical facility or pharmacy may charge an individual who receives a drug or supplies under this subsection a handling fee that may not exceed the amount specified by rule by the department. A medical facility or pharmacy that receives a donated drug or supplies under this subsection may distribute the drug or supplies to another eligible medical facility or pharmacy for use under the program under this section.
255.056(2m)
(2m) None of the following drugs may be donated, accepted, distributed, or dispensed under this section:
255.056(2m)(b)
(b) A drug for which the U.S. food and drug administration requires that a patient using the drug be enrolled in a registry as provided under
21 USC 355-1 (f) (3) (F).
255.056(3)
(3) A drug or supplies may be accepted and dispensed under the program specified in
sub. (2) only if all of the following requirements are met:
255.056(3)(a)
(a) The drug or supplies are in their original, unopened, sealed, and tamper-evident packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(3)(b)
(b) In the case of a drug, the drug bears an expiration date that is later than 90 days after the date that the drug was donated.
255.056(3)(c)
(c) The drug or supplies are not adulterated or misbranded, as determined by a pharmacist employed by, or under contract with, the medical facility or pharmacy, who shall inspect the drug or supplies before the drug or supplies are dispensed.
255.056(3)(d)
(d) For a prescription drug or supplies used to administer a prescription drug, the drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist or practitioner.
255.056(4)
(4) No drug or supplies that are donated for use under this section may be resold.
255.056(5)
(5) Nothing in this section requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the program under this section.
255.056(6)(a)(a) Unless the manufacturer of a drug or supply exercises bad faith, the manufacturer is not subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a drug or supply manufactured by the manufacturer that is donated by any person under this section, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.
255.056(6)(b)
(b) Except as provided in
par. (c), any person, except the manufacturer of a drug or supply, is immune from civil liability for injury to or the death of the individual to whom the drug or supply is dispensed and may not be found guilty of unprofessional conduct for his or her acts or omissions related to donating, accepting, distributing, or dispensing a drug or supply under this section.
255.056(6)(c)
(c) The immunity or the prohibition on a finding of guilty of unprofessional conduct under
par. (b) does not extend to donation, acceptance, distribution, or dispensation of a drug or supply by a person whose act or omission involves reckless, wanton, or intentional misconduct.
255.056(7)
(7) The department shall promulgate all of the following as rules:
255.056(7)(a)
(a) Requirements for medical facilities and pharmacies to accept and dispense donated drugs or supplies under this section, including all of the following:
255.056(7)(a)2.
2. Standards and procedures for accepting, safely storing, and dispensing donated drugs or supplies.
255.056(7)(a)3.
3. Standards and procedures for inspecting donated drugs or supplies to determine if the drug or supplies are in their original, unopened, sealed, and tamper-evident packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(7)(a)4.
4. Standards and procedures for inspecting donated drugs or supplies to determine that the drug or supplies are not adulterated or misbranded.
255.056(7)(b)
(b) Eligibility criteria for individuals to receive donated drugs or supplies dispensed under the program. The standards shall prioritize dispensation to individuals who are uninsured or indigent, but will permit dispensation to others if an uninsured or indigent individual is unavailable.
255.056(7)(c)
(c) A means, such as an identification card, by which an individual who is eligible to receive a donated drug or supplies may indicate that eligibility.
255.056(7)(d)
(d) Necessary forms for administration of the drug repository program, including forms for use by persons that donate, accept, distribute, or dispense drugs or supplies under the program.
255.056(7)(e)
(e) The maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated drugs or supplies. The fee under this paragraph may not be less than 300 percent of the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under
s. 49.46 (2) (b) 6. h.
255.056(7)(g)
(g) A list of drugs and supplies, arranged by category or by individual drug or supply, that the drug repository program will not accept for dispensing. The list shall include a statement that specifies the reason that the drug or supplies are ineligible for donation.
255.056 Cross-reference
Cross-reference: See also ch.
DHS 148, Wis. adm. code.
255.06
255.06
Well-woman program. 255.06(1)(b)
(b) “Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.
255.06(1)(d)
(d) “Nurse practitioner" means a registered nurse licensed under
ch. 441 or in a party state, as defined in
s. 441.50 (2) (j), whose practice of professional nursing under
s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
255.06(1)(e)
(e) “Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
255.06(2)
(2) Well-woman program. From the appropriation account under
s. 20.435 (1) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under
s. 20.435 (1) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
255.06(2)(a)
(a)
Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older and whose income does not exceed 250 percent of the poverty line, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. The department shall reduce reimbursement for a service provided under this paragraph by the amount of any applicable 3rd-party coverage.
255.06(2)(b)
(b)
Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under
pars. (a) and
(c) and to promote health care screening services for women that are available under
par. (e).
255.06(2)(c)
(c)
Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06(2)(d)
(d)
Specialized training for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.
255.06(2)(e)
(e)
Health care screening, referral, follow-up, case management, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, case management, and patient education to low-income, underinsured, and uninsured women.
255.06(2)(f)
(f)
Women's health campaign. Conduct a women's health campaign to do all of the following:
255.06(2)(f)1.
1. Increase women's awareness of issues that affect their health.
255.06(2)(f)2.
2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
255.06(2)(g)
(g)
Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.
255.06(2)(h)
(h)
Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.
255.06(2)(i)
(i)
Multiple sclerosis services. Allocate and expend at least $60,000 as reimbursement for the provision of multiple sclerosis services to women.
255.06(3)
(3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under
s. 250.20 (2) to
(4), to ensure that disparities in the health of women who are minority group members are adequately addressed.
255.06(4)
(4) Information about women who receive services. The department shall obtain and share information about women who receive services that are reimbursed under this section as provided in
s. 49.475.
255.07
255.07
Life-saving allergy medication; use of epinephrine auto-injectors. 255.07(1)(a)
(a) “Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
255.07(1)(b)
(b) “Authorized entity" means any entity or organization, other than a school described in
s. 118.2925, operating 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.
255.07(1)(c)
(c) “Epinephrine auto-injector" means a device for the automatic injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
255.07(1)(d)
(d) “Health care practitioner" means a physician, a physician assistant licensed under
s. 448.04 (1) (f), or an advanced practice nurse who is certified to issue prescription orders under
s. 441.16.
255.07(2)
(2) Prescribing to an authorized entity permitted. A health care practitioner may prescribe an epinephrine auto-injector in the name of an authorized entity for use in accordance with this section.
255.07(3)
(3) Authorized entities permitted to maintain supply. An authorized entity may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The authorized entity 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.
255.07(4)
(4) Use of epinephrine auto-injectors. An employee or agent of an authorized entity, 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:
255.07(4)(a)
(a) Provide one or more epinephrine auto-injectors to any individual who the employee, agent, or individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of that individual for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
255.07(4)(b)
(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.
255.07(5)(a)(a) 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:
255.07(5)(a)1.
1. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.
255.07(5)(a)2.
2. Standards and procedures for the storage and administration of an epinephrine auto-injector.
255.07(5)(a)3.
3. Emergency follow-up procedures after an epinephrine auto-injector is administered, including the necessity of calling the telephone number “911" or another telephone number for an emergency medical service provider.
255.07(5)(b)
(b) The organization that conducts the training under
par. (a) shall issue a certificate, on a form approved by the department, to each person who successfully completes the anaphylaxis training program.
255.07(6)
(6) Good Samaritan protections; liability. 255.07(6)(a)(a) All of the following are not liable for any injury that results from the administration or failure to administer an epinephrine auto-injector under this section, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct:
255.07(6)(a)1.
1. An authorized entity that possesses and makes available an epinephrine auto-injector and its employees, agents, and other individuals that store, maintain, control, oversee, provide, or use an epinephrine auto-injector.
255.07(6)(a)2.
2. A health care practitioner who prescribes or dispenses an epinephrine auto-injector to an authorized entity.
255.07(6)(a)3.
3. A pharmacist or other person who dispenses an epinephrine auto-injector to an authorized entity.
255.07(6)(b)
(b) The use of an epinephrine auto-injector under this section does not constitute the practice of medicine or of any other health care profession that requires a credential to practice.
255.07(6)(c)
(c) This immunity from liability or defense provided under this subsection is in addition to and not in lieu of that provided under
s. 895.48 or any other defense or immunity provided under state law.
255.07(6)(d)
(d) A person is not liable for any injuries or related damages that result from providing or administering an epinephrine auto-injector outside of this state if the person satisfies any of the following criteria:
255.07(6)(d)1.
1. The person would not have been liable for injuries or damages if the epinephrine auto-injector was provided or administered in this state.
255.07(6)(d)2.
2. The person is not liable for injuries or damages under the law of the state in which the epinephrine auto-injector was provided or administered.
