118.2925 Life-threatening allergies in schools; use of epinephrine.
(1) Definitions. In this section:
(a) “Administer" means the direct application of an epinephrine auto-injector or prefilled syringe to a person's body.
(b) “Advanced practice nurse prescriber" means an advanced practice nurse who is certified under s. 441.16.
(c) “Designated school personnel" means an employee, agent, or volunteer of a school, designated by the governing body of the school, who has completed the training specified in the plan adopted by the governing body of the school in sub. (2) (a).
(d) “Epinephrine auto-injector" means a device used for the automatic injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
(e) “Physician" means a person licensed to practice medicine and surgery under ch. 448.
(f) “Physician assistant" means a person licensed under s. 448.974.
(fm) “Prefilled syringe” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used for the manual injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
(g) “School" means a public, private, or tribal school.
(h) “Self-administer" means to administer an epinephrine auto-injector or prefilled syringe to one's own body.
(2) School plan.
(a) The governing body of a school may adopt a plan for the management of pupils attending the school who have life-threatening allergies. If the governing body of a school does so, 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 unless it has been approved by a physician.
(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 Internet site or the Internet site of each school under its jurisdiction or, if an Internet site does not exist, give a copy of the plan to any person upon request.
(3) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe epinephrine auto-injectors or prefilled syringes 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).
(4) Use of epinephrine. The governing body of a school that has adopted a plan under sub. (2) (a) may authorize a school nurse or designated school personnel to do any of the following on school premises or at a school-sponsored activity:
(a) Provide an epinephrine auto-injector or prefilled syringe to a pupil to self-administer the epinephrine auto-injector or prefilled syringe in accordance with a prescription specific to the pupil that is on file with the school.
(b) Administer an epinephrine auto-injector or prefilled syringe to a pupil in accordance with a prescription specific to the pupil that is on file with the school.
(c) Administer an epinephrine auto-injector or prefilled syringe 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. If the pupil or other person does not have a prescription for an epinephrine auto-injector or prefilled syringe, or the person who administers the epinephrine auto-injector or prefilled syringe does not know whether the pupil or other person has a prescription for an epinephrine auto-injector or prefilled syringe, the person who administers the epinephrine auto-injector or prefilled syringe 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.
(4m) Independent authority.
(a) The authority to self-administer an epinephrine auto-injector or prefilled syringe under sub. (4) (a) is independent of the authorized possession and use of an epinephrine auto-injector or prefilled syringe under s. 118.292 (1r).
(b) The authority to administer an epinephrine auto-injector or prefilled syringe under sub. (4) (b) and (c) is independent of the authority to administer an epinephrine auto-injector under s. 118.29 (2) (a) 2. and 2m.
(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, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector or prefilled syringe 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.
(6m) Health care professionals. Nothing in this section prohibits a health care professional, as defined in s. 118.29 (1) (c), from acting within the scope of practice of the health care professional's license, certificate, permit, or registration.
History: 2013 a. 239; 2021 a. 23, 218.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 118 - General school operations.
118.001 - Duties and powers of school boards; construction of statutes.
118.01 - Educational goals and expectations.
118.015 - Reading instruction.
118.016 - Assessments of reading readiness.
118.017 - Foreign language instruction.
118.019 - Human growth and development instruction.
118.02 - Special observance days.
118.025 - Arbor day observance.
118.045 - Commencement of school term.
118.05 - School conservation camps.
118.06 - Flag, pledge of allegiance, and national anthem.
118.07 - Health and safety requirements.
118.075 - Indoor environmental quality in schools.
118.076 - Lifesaving skills instruction.
118.08 - School zones; crossings.
118.10 - School safety patrols.
118.105 - Control of traffic on school premises.
118.12 - Sale of goods and services at schools.
118.123 - Reports and records; forfeitures.
118.126 - Privileged communications.
118.127 - Law enforcement agency information.
118.13 - Pupil discrimination prohibited.
118.133 - Participation in interscholastic athletics and extracurricular activities.
118.134 - Race-based nicknames, logos, mascots, and team names.
118.135 - Eye examinations and evaluations.
118.14 - Age of pupils; phase in of 4-year-old kindergarten.
118.145 - Admission to high school.
118.15 - Compulsory school attendance.
118.153 - Children at risk of not graduating from high school.
118.155 - Released time for religious instruction.
118.16 - School attendance enforcement.
118.162 - Truancy committee and plan.
118.163 - Municipal truancy and school dropout ordinances.
118.164 - Removal of pupils from the class.
118.167 - Private school determination by state superintendent.
118.169 - Pupil identification.
118.175 - Pupils without parents or guardians; report required.
118.19 - Teacher certificates and licenses; administrator and pupil services professional licenses.
118.191 - Experience-based licensure for technical and vocational education subjects.
118.1915 - Licensure for Junior Reserve Officer Training Corps instructors.
118.192 - Professional teaching permits.
118.193 - Licenses based on reciprocity.
118.194 - Initial license to teach; Montessori.
118.195 - Discrimination against handicapped teachers prohibited.
118.196 - Teacher development program.
118.197 - Initial license to teach; alternative preparation programs.
118.20 - Teacher discrimination prohibited.
118.22 - Renewal of teacher contracts.
118.223 - Collective bargaining.
118.225 - Teacher evaluations.
118.23 - Populous counties; teacher tenure.
118.235 - Lunch period for teachers.
118.24 - School district administrator.
118.245 - Referendum; increase in employee wages.
118.257 - Liability for referral to police.
118.258 - Electronic communication devices prohibited.
118.26 - Claim against school district.
118.28 - Community action agencies.
118.29 - Administration of drugs and emergency care.
118.291 - Asthmatic pupils; possession and use of inhalers.
118.292 - Possession and use of epinephrine.
118.2925 - Life-threatening allergies in schools; use of epinephrine.
118.293 - Concussion and head injury.
118.2935 - Sudden cardiac arrest; youth athletic activities.
118.295 - Suicide intervention; civil liability exemption.
118.301 - Alternative pupil assessments.
118.305 - Use of seclusion and physical restraint.
118.32 - Strip search by school employee.
118.33 - High school graduation standards; criteria for promotion.
118.34 - Technical preparation programs.
118.35 - Programs for gifted and talented pupils.
118.38 - Waivers of laws and rules.
118.42 - Low-performing school districts and schools; state superintendent interventions.
118.43 - Achievement guarantee contracts; state aid.
118.44 - Achievement gap reduction; state aid.
118.45 - Tests for alcohol use.
118.51 - Full-time open enrollment.
118.52 - Part-time open enrollment.
118.53 - Attendance by pupils enrolled in a home-based private educational program.
118.55 - Early college credit program.
118.56 - Work based learning programs.
118.60 - Parental choice program for eligible school districts and other school districts.