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)(a)4. 4. An organization that conducts the training described in sub. (5).
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.
255.07 History History: 2015 a. 35; 2017 a. 133; 2017 a. 365 s. 111.
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.
255.10 History History: 1997 a. 27; 2001 a. 16; 2003 a. 33.
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)(b) (b) Administer the grant program under sub. (3).
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) (3) Use of funds.
255.15(3)(b)(b) From the appropriation account under s. 20.435 (1) (fm), the department may award grants for any of the following:
255.15(3)(b)1. 1. Community-based programs to reduce tobacco use.
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.
subch. III of ch. 255 SUBCHAPTER III
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)1. 1. Hot molten metals or other molten materials.
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)(a)5. 5. Repair or servicing of any vehicle.
255.30(1)(a)6. 6. Caustic or explosive materials.
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.
255.30 History History: 1973 c. 66; 1993 a. 27 s. 315; Stats. 1993 s. 255.30; 1993 a. 399; 1995 a. 27; 1997 a. 27; 2009 a. 302.
255.35 255.35 Statewide poison control system.
255.35(1m)(1m)Definitions. In this section:
255.35(1m)(a) (a) “Appropriate health-oriented background" means one of the following:
255.35(1m)(a)1. 1. Licensure as an emergency medical technician, advanced emergency medical technician, emergency medical technician — intermediate, or paramedic under s. 256.15 (5) (a).
255.35(1m)(a)2. 2. Licensure as a licensed practical nurse under s. 441.10.
255.35(1m)(a)3. 3. Completion of a training program directed by a physician specializing in toxicology and, as determined by the medical director of a poison control center, background sufficient to understand and interpret standard poison information resources and to transmit that information understandably to both health professionals and the public under the direct supervision of a staff member specified under sub. (3m) (b) 1. to 7. or the medical director.
255.35(1m)(b) (b) “On-line staff member" means a member of the staff of a poison control center who personally responds to telephone inquiries received by the poison control center.
255.35(1m)(c) (c) “Pharmacist" has the meaning given in s. 450.01 (15).
255.35(1m)(d) (d) “Physician" has the meaning given in s. 448.01 (5).
255.35(1m)(e) (e) “Poison control services" means poison prevention education, and rapid and accurate poison interpretation, poison intervention and management information.
255.35(1m)(f) (f) “Registered nurse" means a nurse who is licensed under s. 441.06.
255.35(1m)(g) (g) “School of pharmacy" means a school of pharmacy that is accredited by the Accreditation Council for Pharmacy Education.
255.35(3) (3) Poison control.
255.35(3)(a)(a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation account under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $425,000 in each fiscal year to supplement the operation of the system and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.
255.35(3)(b) (b) No poison control center may receive funds under par. (a) unless the poison control center provides a matching contribution of at least 50 percent of the state funding for the center. Private funds and in-kind contributions may be used to meet this requirement.
255.35(3)(c) (c) The department may use moneys expended from the appropriation under s. 20.435 (1) (ds) for the poison control system under this section as the state share for purposes of obtaining federal matching funds under 42 USC 1397aa to 42 USC 1397mm, if those moneys are eligible for a federal funding match.
255.35(3m) (3m) Requirements of poison control centers.
255.35(3m)(a) (a) A poison control center shall maintain telephone services capable of providing rapid, accurate and complete poison information that is accessible throughout the state and that is free to users through a statewide toll-free hotline.
255.35(3m)(b) (b) An on-line staff member who interprets poison exposure data and provides poison intervention and management information shall be one of the following:
255.35(3m)(b)1. 1. A registered nurse.
255.35(3m)(b)2. 2. A pharmacist.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 5 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 21, 2019. Published and certified under s. 35.18. Changes effective after June 1, 2019, are designated by NOTES. (Published 6-1-19)