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LRB-1074/1
TJD:ahe
2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Jacque, Shankland, Kremer,
Nygren, Tittl, Allen, Horlacher, Krug, Murphy, Mursau, Skowronski,
Steffen, Subeck and Thiesfeldt, cosponsored by Senators Olsen,
Carpenter, L. Taylor and Wirch, by request of the family of Dillon Mueller.
Referred to Committee on Health.
AB96,1,5 1An Act to amend 255.07 (1) (b), 255.07 (2), 255.07 (3), 255.07 (4) (intro.), 255.07
2(4) (b), 255.07 (5) (a) (intro.), 255.07 (6) (a) 1., 255.07 (6) (a) 2., 255.07 (6) (a) 3.,
3450.11 (1) and 450.11 (4) (a) 5. d.; and to create 255.07 (1) (bg) of the statutes;
4relating to: supply and use of epinephrine auto-injectors by certain
5authorized individuals.
Analysis by the Legislative Reference Bureau
This bill allows an authorized individual to acquire and maintain a supply of
epinephrine auto-injectors and provide or administer an epinephrine auto-injector
to an individual that the authorized individual believes is experiencing anaphylaxis
regardless of whether that individual has a prescription for an epinephrine
auto-injector or has been diagnosed with an allergy. Under the bill, an authorized
individual is one who operates or participates in a business, activity, or event at
which allergens capable of causing anaphylaxis may be present.
Under current law, certain prescribers are allowed to prescribe epinephrine
auto-injectors in the name of authorized entities. Authorized entities, currently, are
entities or organizations, other than schools, that operate a business, activity, or
event at which allergens capable of causing anaphylaxis may be present. Current
law allows an authorized entity to acquire and maintain a supply of epinephrine
auto-injectors and requires those that do to comply with certain storage
requirements for the auto-injectors. An employee or agent of an authorized entity,
or other individual, who has completed the required training may use an epinephrine

auto-injector to provide or administer to an individual that he or she believes is
experiencing anaphylaxis. Under current law the authorized entity, its employees
or agents, and other individuals are not liable for injuries resulting from
administering or failing to administer an epinephrine auto-injector. This bill allows
prescribers to prescribe epinephrine auto-injectors to authorized individuals, allows
authorized individuals to acquire and maintain a supply of epinephrine
auto-injectors, subjects authorized individuals to the same storage and training
requirements as authorized entities, and provides the same liability exemptions to
authorized individuals as current law provides for authorized entities. Additionally,
the bill expands authorized entities to include entities and organizations that
participate in a business, activity, or event at which allergens capable of causing
anaphylaxis may be present.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB96,1 1Section 1. 255.07 (1) (b) of the statutes is amended to read:
AB96,2,62 255.07 (1) (b) “Authorized entity" means any entity or organization, other than
3a school described in s. 118.2925, operating or participating in a business, activity,
4or event at which allergens capable of causing anaphylaxis may be present, including
5a recreational and educational camp, college, university, day care facility, youth
6sports league, amusement park, restaurant, place of employment, and sports arena.
AB96,2 7Section 2. 255.07 (1) (bg) of the statutes is created to read:
AB96,2,128 255.07 (1) (bg) “Authorized individual” means an individual operating or
9participating in a business, activity, or event at which allergens capable of causing
10anaphylaxis may be present, including a recreational and educational camp, college,
11university, day care facility, youth sports league, amusement park, restaurant, place
12of employment, and sports arena.
AB96,3 13Section 3. 255.07 (2) of the statutes is amended to read:
AB96,3,4
1255.07 (2) Prescribing to an authorized entity or individual permitted. A
2health care practitioner may prescribe an epinephrine auto-injector in the name of
3an authorized entity or an authorized individual for use in accordance with this
4section.
AB96,4 5Section 4. 255.07 (3) of the statutes is amended to read:
AB96,3,146 255.07 (3) Authorized entities or individuals permitted to maintain supply.
7An authorized entity or an authorized individual may acquire and maintain a supply
8of epinephrine auto-injectors pursuant to a prescription issued in accordance with
9this section. The authorized entity or authorized individual shall store an
10epinephrine auto-injector in a location readily accessible in an emergency and in
11accordance with the epinephrine auto-injector's instructions for use. An authorized
12entity shall designate an employee or agent who has completed the training required
13in sub. (5) to be responsible for the storage, maintenance, control, and general
14oversight of epinephrine auto-injectors acquired by the authorized entity.
AB96,5 15Section 5. 255.07 (4) (intro.) of the statutes is amended to read:
AB96,3,1916 255.07 (4) Use of epinephrine auto-injectors. (intro.) An employee or agent
17of an authorized entity, an authorized individual, or other individual, who has
18completed the training required by sub. (5) may use an epinephrine auto-injector
19prescribed under sub. (2) to do any of the following:
AB96,6 20Section 6. 255.07 (4) (b) of the statutes is amended to read:
AB96,3,2421 255.07 (4) (b) Administer an epinephrine auto-injector to any individual who
22the employee, agent, or other individual believes in good faith is experiencing
23anaphylaxis, regardless of whether the individual has a prescription for an
24epinephrine auto-injector or has previously been diagnosed with an allergy.
AB96,7 25Section 7. 255.07 (5) (a) (intro.) of the statutes is amended to read:
AB96,4,7
1255.07 (5) (a) (intro.) An employee, agent, or other individual described in sub.
2(3) or (4) shall complete an anaphylaxis training program and at least every 4 years
3thereafter. The employee, agent, or other individual shall complete a training
4program conducted by a nationally recognized organization experienced in training
5laypersons in emergency health treatment or an organization approved by the
6department. The department may approve an organization to conduct training,
7either online or in person, that covers, at a minimum, all of the following:
AB96,8 8Section 8. 255.07 (6) (a) 1. of the statutes is amended to read:
AB96,4,129 255.07 (6) (a) 1. An authorized entity or authorized individual that possesses
10and makes available an epinephrine auto-injector and its employees, agents,
11authorized individuals, and other individuals that store, maintain, control, oversee,
12provide, or use an epinephrine auto-injector.
AB96,9 13Section 9. 255.07 (6) (a) 2. of the statutes is amended to read:
AB96,4,1514 255.07 (6) (a) 2. A health care practitioner who prescribes or dispenses an
15epinephrine auto-injector to an authorized entity or authorized individual.
AB96,10 16Section 10. 255.07 (6) (a) 3. of the statutes is amended to read:
AB96,4,1817 255.07 (6) (a) 3. A pharmacist or other person who dispenses an epinephrine
18auto-injector to an authorized entity or authorized individual.
AB96,11 19Section 11. 450.11 (1) of the statutes is amended to read:
AB96,5,920 450.11 (1) Dispensing. Except as provided in sub. (1i) (b) 2., no person may
21dispense any prescribed drug or device except upon the prescription order of a
22practitioner. All prescription orders shall specify the date of issue, the name and
23address of the practitioner, the name and quantity of the drug product or device
24prescribed, directions for the use of the drug product or device, the symptom or
25purpose for which the drug is being prescribed if required under sub. (4) (a) 8., and,

1if the order is written by the practitioner, the signature of the practitioner. Except
2as provided in ss. 118.2925 (3), 255.07 (2), 441.18 (2) (a) 1., 448.035 (2), and 448.037
3(2) (a) 1. and except for standing orders issued under s. 441.18 (2) (a) 2. or 448.037
4(2) (a) 2., all prescription orders shall also specify the name and address of the
5patient. A prescription order issued under s. 118.2925 (3) shall specify the name and
6address of the school. A prescription order issued under s. 255.07 (2) shall specify
7the name and address of the authorized entity or authorized individual. Any oral
8prescription order shall be immediately reduced to writing by the pharmacist and
9filed according to sub. (2).
AB96,12 10Section 12. 450.11 (4) (a) 5. d. of the statutes is amended to read:
AB96,5,1311 450.11 (4) (a) 5. d. For an epinephrine auto-injector prescribed under s.
12118.2925 (3) or 255.07 (2), the name of the school, authorized entity, authorized
13individual,
or other person specified under s. 255.07 (3).
AB96,5,1414 (End)
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