255.065 History
History: 2017 a. 201.
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 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.
255.07(1)(bg)
(bg) “Authorized individual” means an individual who has successfully completed the training program under sub.
(5).
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 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.
255.07(3)
(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.
255.07(4)
(4)
Use of epinephrine auto-injectors. An employee or agent of an authorized entity who has completed the training required by sub.
(5) or an authorized individual 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 authorized 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 authorized 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 or agent described in sub.
(3) or
(4) or an individual seeking to be an authorized individual shall complete an anaphylaxis training program and at least every 4 years thereafter. The employee, agent, or 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 or authorized individual that possesses and makes available an epinephrine auto-injector and employees, agents, and authorized 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 or authorized individual.
255.07(6)(a)3.
3. A pharmacist or other person who dispenses an epinephrine auto-injector to an authorized entity or authorized individual.
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.
255.07(6)(e)
(e) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any authorized entity, or employees, agents, or authorized individuals, to acquire or make available an epinephrine auto-injector.
255.07(6)(f)
(f) Nothing in this section creates or imposes any duty, obligation, or basis for liability on any employer or any other person to supervise or exercise control over an individual's provision or administration of an epinephrine auto-injector, if the employer or other person reasonably believes the individual is acting as an authorized individual under this section.
255.07(7)
(7)
Health care providers. Nothing in this section prohibits a health care provider, as defined in s.
146.81 (1) (a) to
(hp) and
(q) to
(s), from acting within the scope of practice of the health care provider's license, certificate, permit, or registration.
255.10
255.10
Thomas T. Melvin youth tobacco prevention and education program. From the moneys distributed under s.
255.15 (3) (b), the department shall administer the Thomas T. Melvin youth tobacco prevention and education program, with the primary purpose of reducing the use of cigarettes and tobacco products by minors. The department shall award grants for the following purposes:
255.10(1)
(1) Community education provided through local community initiatives.
255.10(2)
(2) A multimedia education campaign directed at encouraging minors not to begin using tobacco, motivating and assisting adults to stop using tobacco and changing public opinion on the use of tobacco.
255.10(3)
(3) Public education through grants to schools to expand and implement curricula on tobacco education.
255.10(4)
(4) Research on methods by which to discourage use of tobacco.
255.10(5)
(5) Evaluation of the program under this section.
255.15
255.15
Statewide tobacco use control program. 255.15(1m)(1m)
Duties. The department shall do all of the following:
255.15(1m)(c)
(c) Promulgate rules establishing criteria for recipients of grants awarded under sub.
(3), including performance-based standards for grant recipients that propose to use the grant for media efforts. The department shall ensure that programs or projects conducted under the grants are culturally sensitive.
255.15(1m)(d)
(d) Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.
255.15(1m)(e)
(e) Provide a clearinghouse of information on matters relating to tobacco issues and how they are being met in different places throughout the nation such that both lay and professional groups in the field of government, health care and education may have additional avenues for sharing experiences and interchanging ideas in the formulation of public policy on tobacco.
255.15(1m)(f)
(f) Continue implementation of a strategic plan for a statewide tobacco use control program, including the allocation of funding, and update the plan annually.
255.15(3)(b)2.
2. Community-based programs to reduce the burden of tobacco-related diseases.
255.15(3)(b)3.
3. School-based programs relating to tobacco use cessation and prevention.
255.15(3)(b)4.
4. Enforcement of local laws aimed at reducing exposure to secondhand smoke and restricting underage access to tobacco.
255.15(3)(b)5.
5. Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.
255.15(3)(b)6.
6. Marketing activities that promote tobacco use cessation and prevention.
255.15(3)(b)7.
7. Projects designed to reduce tobacco use among minorities and pregnant women.
255.15(3)(b)8.
8. Other tobacco use cessation or prevention programs, including tobacco research and intervention.
255.15(3)(b)9.
9. Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.
255.15(3)(b)10.
10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.
255.15(3)(b)11.
11. To the Board of Regents of the University of Wisconsin System for advancing the work of the tobacco research and intervention center at the University of Wisconsin-Madison in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use, and expanding smoking cessation programs throughout the state.
255.15(3)(bm)
(bm) From the appropriation account under s.
20.435 (1) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.
255.15(3)(c)
(c) No recipient of moneys distributed under par.
(b) or
(bm) may expend more than 10 percent of those moneys for administrative costs.
255.15(4)
(4)
Reports. Not later than April 15, 2002, and annually thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s.
13.172 (2) a report that evaluates the success of the grant program under sub.
(3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the department under sub.
(5).
255.15(5)
(5)
Funds. The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under sub.
(4) any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.
255.15 Cross-reference
Cross-reference: See also ch.
DHS 199, Wis. adm. code.
INJURY PREVENTION AND CONTROL
255.20
255.20
Duties of the department. The department shall do all of the following:
255.20(1)
(1) Maintain an injury prevention program that includes data collection, surveillance, education and the promotion of intervention.
255.20(2)
(2) Assist local health departments and community agencies by serving as a focal point for injury prevention expertise and guidance and by providing the leadership for effective local program development and evaluation.
255.20(3)
(3) Enter into memoranda of understanding with other state agencies to reduce intentional and unintentional injuries.
255.20 History
History: 1993 a. 27.
255.30
255.30
Safety eye protective goggles. 255.30(1)(1)
Every student and teacher in schools, colleges, universities and other educational institutions participating in or observing any of the following courses is required to wear appropriate industrial quality eye protective goggles at all times while participating in or observing such courses or laboratories:
255.30(1)(a)
(a) Vocational, technical or industrial arts shops, chemical or chemical-physical laboratories involving exposure to:
255.30(1)(a)2.
2. Milling, sawing, turning, shaping, cutting, grinding or stamping of any solid materials.
255.30(1)(a)3.
3. Heat treatment, tempering or kiln firing of any metal or other materials.
255.30(1)(a)4.
4. Gas or electric arc welding or other forms of welding processes.
255.30(1)(b)
(b) Chemical, physical or combined chemical-physical laboratories involving caustic or explosive materials, hot liquids or solids, injurious radiations or other hazards not enumerated.
255.30(2)
(2) Eye protective goggles may be furnished for all students and teachers by the institution, purchased and sold at cost to students and teachers or made available for a moderate rental fee and shall be furnished for all visitors.
255.30(3)
(3) In this section, “industrial quality eye protective goggles" means devices meeting the standards of the American National Standard Practice for Occupational and Educational Eye and Face Protection, Z87.1 — 1968, and subsequent revisions thereof, approved by the American National Standards Institute, Inc.
255.30(4)
(4) The state superintendent of public instruction shall prepare and circulate to each public and private educational institution and to each tribal school, as defined in s.
115.001 (15m), in this state instructions and recommendations for implementing the eye safety provisions of this section.
255.35
255.35
Statewide poison control system.
