118.291(1g) (1g) In this section:

118.291(1g)(a) (a) “Asthma” means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli.

118.291(1g)(b) (b) “School” includes a public, private, and tribal school.

118.291(1r) (1r) While in school, at a school-sponsored activity or under the supervision of a school authority, an asthmatic pupil may possess and use a metered dose inhaler or dry powder inhaler if all of the following are true:

118.291(1r)(a) (a) The pupil uses the inhaler before exercise to prevent the onset of asthmatic symptoms or uses the inhaler to alleviate asthmatic symptoms.

118.291(1r)(b) (b) The pupil has the written approval of the pupil’s physician and, if the pupil is a minor, the written approval of the pupil’s parent or guardian.

118.291(1r)(c) (c) The pupil has provided the school principal with a copy of the approval or approvals under par. (b).

118.291(2) (2) 

118.291(2)(a) (a) No school district, school board or school district employee is civilly liable for injury to a pupil caused by a school district employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had been satisfied.

118.291(2)(b) (b) No private school or private school employee is civilly liable for injury to a pupil caused by a private school employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had been satisfied.

118.291(2)(c) (c) No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had been satisfied.

118.291 History History: 1997 a. 77; 2005 a. 398; 2009 a. 302.

118.2915 118.2915 Asthma in schools; use of short-acting bronchodilators.

118.2915(1) (1) Definitions. In this section:

118.2915(1)(a) (a) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16.

118.2915(1)(b) (b) “Asthma” means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli.

118.2915(1)(c) (c) “Designated school personnel” means employees, agents, or volunteers of a school, designated by the governing body of the school, who have completed the training specified in the plan adopted by the governing body of the school under sub. (2) (a).

118.2915(1)(d) (d) “Pharmacist” has the meaning given in s. 450.01 (15).

118.2915(1)(e) (e) “Physician” means a person licensed to practice medicine and surgery under ch. 448.

118.2915(1)(f) (f) “Physician assistant” means a person licensed under s. 448.974.

118.2915(1)(g) (g) “School” means a public, private, or tribal school.

118.2915(1)(h) (h) “Self-administer” means to administer a short-acting bronchodilator to one’s own body.

118.2915(1)(i) (i) “Short-acting bronchodilator” means any beta-2 agonist, such as albuterol, used for the quick relief of asthma symptoms. “Short-acting bronchodilator” includes an orally inhaled medication that contains a premeasured single dose of albuterol or albuterol sulfate delivered by a nebulizer or by a pressurized metered-dose inhaler.

118.2915(2) (2) School plan.

118.2915(2)(a) (a) The governing body of a school may adopt a plan for the management of pupils attending the school who have asthma. If the governing body of a school adopts a plan under this paragraph, it shall specify in the plan the training necessary to perform the activities under sub. (4). The governing body of a school may not adopt a plan under this paragraph unless the plan has been approved by a physician, an advanced practice nurse prescriber, or a physician assistant.

118.2915(2)(b) (b) The governing body of a school that has adopted a plan under par. (a) shall make the plan available on the governing body’s website or the website of each school under its jurisdiction or, if such a website does not exist, give a copy of the plan to any person upon request.

118.2915(3) (3) Prescriptions and supply.

118.2915(3)(a) (a) A physician, an advanced practice nurse prescriber, or a physician assistant may provide a prescription or standing order for a short-acting bronchodilator or components 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).

118.2915(3)(b) (b) The governing body of a school that has a valid prescription under par. (a) may accept as a donation a short-acting bronchodilator or components if the donated short-acting bronchodilator or components are new, unexpired, manufacturer-sealed, not subject to recall, unadulterated, and in compliance with regulations promulgated by the federal food and drug administration.