Wisconsin Statutes 255.07 – Life-saving allergy medication; use of epinephrine
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Terms Used In Wisconsin Statutes 255.07
- Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Physician assistant: means a person who is licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Administer” means the direct application of an epinephrine auto-injector or prefilled syringe to the body of an individual.
(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.
(bg) “Authorized individual” means an individual who has successfully completed the training program under sub. (5).
(cm) “Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a premeasured dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
(d) “Health care practitioner” means a physician, a physician assistant, or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.
(2) Prescribing to an authorized entity or individual permitted.
(a) A health care practitioner may prescribe an epinephrine delivery system in the name of an authorized entity or an authorized individual for use in accordance with this section. A health care practitioner may issue to one or more persons a standing order authorizing the dispensing of epinephrine delivery systems for use under sub. (4) by an authorized individual or by an employee or agent of an authorized entity who has completed the training required by sub. (5).
(b) A health care provider with prescribing authority who is employed by or under contract with the department may issue a statewide standing order for the dispensing of epinephrine delivery systems for use under sub. (4) by authorized individuals or by employees or agents of authorized entities who have completed the training required by sub. (5).
(3) Authorized entities or individuals permitted to maintain supply. An authorized entity or an authorized individual may acquire and maintain a supply of epinephrine delivery systems pursuant to a prescription issued in accordance with this section. The authorized entity or authorized individual shall store an epinephrine delivery system in a location readily accessible in an emergency and in accordance with the epinephrine delivery system’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 delivery systems acquired by the authorized entity.
(4) Use of epinephrine. 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 delivery system prescribed under sub. (2) to do any of the following:
(a) Provide one or more epinephrine delivery systems 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 delivery system or has previously been diagnosed with an allergy.
(b) Administer an epinephrine delivery system 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 delivery system or has previously been diagnosed with an allergy.
(5) Training.
(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:
1. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.
2. Standards and procedures for the storage and administration of an epinephrine delivery system.
3. Emergency follow-up procedures after an epinephrine delivery system is administered, including the necessity of calling the telephone number “911” or another telephone number for an emergency medical service provider.
(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.
(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 delivery system under this section, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct:
1. An authorized entity or authorized individual that possesses and makes available an epinephrine delivery system and employees, agents, and authorized individuals that store, maintain, control, oversee, provide, or use an epinephrine delivery system.
2. A health care practitioner who prescribes or dispenses an epinephrine delivery system to an authorized entity or authorized individual.
3. A pharmacist or other person who dispenses an epinephrine delivery system to an authorized entity or authorized individual.
4. An organization that conducts the training described in sub. (5).
(b) The use of an epinephrine delivery system under this section does not constitute the practice of medicine or of any other health care profession that requires a credential to practice.
(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.
(d) A person is not liable for any injuries or related damages that result from providing or administering an epinephrine delivery system outside of this state if the person satisfies any of the following criteria:
1. The person would not have been liable for injuries or damages if the epinephrine delivery system was provided or administered in this state.
2. The person is not liable for injuries or damages under the law of the state in which the epinephrine delivery system was provided or administered.
(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 delivery system.
(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 delivery system, if the employer or other person reasonably believes the individual is acting as an authorized individual under this section.
(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.