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LRB-0112/1
TJD:ahe
2021 - 2022 LEGISLATURE
May 14, 2021 - Introduced by Senators Jacque and L. Taylor, cosponsored by
Representatives Sortwell, Knodl, Cabrera, Gundrum, Moses, Murphy,
Mursau, Subeck, Thiesfeldt, Wichgers and Shankland. Referred to
Committee on Health.
SB343,1,8 1An Act to renumber and amend 255.07 (2); to amend 118.292 (title), 118.292
2(1r) (intro.) and (a) and (2) (a) and (b), 118.2925 (title), 118.2925 (1) (a), 118.2925
3(1) (h), 118.2925 (3), 118.2925 (4) (title), (a), (b) and (c), 118.2925 (4m) (a) and
4(b), 118.2925 (5), 255.07 (title) and (1) (a), 255.07 (3), 255.07 (4), 255.07 (5) (a)
52. and 3., 255.07 (6) (a) (intro.), 1., 2. and 3., (b), (d), (e) and (f), 448.03 (2) (q) and
6450.11 (4) (a) 5. d.; and to create 118.292 (1g) (bm), 118.2925 (1) (fm), 255.07
7(1) (e) and 255.07 (2) (b) of the statutes; relating to: use of epinephrine prefilled
8syringes and standing orders for epinephrine.
Analysis by the Legislative Reference Bureau
This bill generally expands to prefilled syringes of epinephrine certain current
law authority related to epinephrine auto-injectors. Under the bill, a prefilled
syringe is a device that is used for the manual injection of epinephrine into the
human body to prevent or treat a life-threatening allergic reaction, is approved by
the federal Food and Drug Administration, and contains a dose of epinephrine.
Current law allows designated school personnel, school nurses, and authorized
entities and individuals who have completed a training program to provide or
administer epinephrine auto-injectors to pupils and other individuals. Authorized
entities are those entities or organizations that operate or participate in a business,

activity, or event where anaphylaxis-causing allergens may be present, and
examples of these entities or organizations include restaurants, camps, institutions
of higher education, places of employment, amusement parks, and sports leagues
and arenas. The bill allows the same individuals and entities to also provide or
administer epinephrine prefilled syringes.
Pupils are also allowed under current law to possess and use an epinephrine
auto-injector in certain circumstances while in school, participating in a
school-sponsored activity, or under supervision by a school. Under the bill, pupils
are also allowed to possess and use epinephrine prefilled syringes under those same
circumstances.
In addition, current law allows prescribers to prescribe epinephrine
auto-injectors in the name of the school or the name of the authorized entity or
individual. This bill provides the same prescribing authority for epinephrine
prefilled syringes.
Furthermore, the bill allows any prescriber to issue a standing order for the
dispensing of epinephrine auto-injectors or prefilled syringes for use by trained
individuals. The bill also allows a prescriber who is employed by or under contract
with the Department of Health Services to issue a statewide standing order for the
dispensing of epinephrine auto-injectors or prefilled syringes for use by trained
individuals. Under current law, certain prescribers are allowed to issue standing
orders for the dispensing of an opioid antagonist, which counteracts an opioid
overdose, and DHS has issued a statewide standing order for the dispensing of the
opioid antagonist naloxone.
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:
SB343,1 1Section 1. 118.292 (title) of the statutes is amended to read:
SB343,2,2 2118.292 (title) Possession and use of epinephrine auto-injectors.
SB343,2 3Section 2. 118.292 (1g) (bm) of the statutes is created to read:
SB343,2,74 118.292 (1g) (bm) “Prefilled syringe” means a device that is approved by the
5federal food and drug administration, that contains a dose of epinephrine, and that
6is used for the manual injection of epinephrine into the human body to prevent or
7treat a life-threatening allergic reaction.
SB343,3
1Section 3. 118.292 (1r) (intro.) and (a) and (2) (a) and (b) of the statutes are
2amended to read:
SB343,3,53 118.292 (1r) (intro.) While in school, at a school-sponsored activity or under
4the supervision of a school authority, a pupil may possess and use an epinephrine
5auto-injector or prefilled syringe if all of the following are true:
SB343,3,76 (a) The pupil uses the epinephrine auto-injector or prefilled syringe to prevent
7the onset or alleviate the symptoms of an emergency situation.
SB343,3,9 8(2) (a) A pupil as a result of using an epinephrine auto-injector or prefilled
9syringe
under sub. (1r).
SB343,3,1110 (b) Any person as a result of a pupil possessing or using an epinephrine
11auto-injector or prefilled syringe under sub. (1r).
SB343,4 12Section 4. 118.2925 (title) of the statutes is amended to read:
SB343,3,14 13118.2925 (title) Life-threatening allergies in schools; use of
14epinephrine
auto-injectors.
SB343,5 15Section 5. 118.2925 (1) (a) of the statutes is amended to read:
SB343,3,1716 118.2925 (1) (a) “Administer" means the direct application of an epinephrine
17auto-injector or prefilled syringe to a person's body.
SB343,6 18Section 6. 118.2925 (1) (fm) of the statutes is created to read:
SB343,3,2219 118.2925 (1) (fm) “Prefilled syringe” means a device that is approved by the
20federal food and drug administration, that contains a dose of epinephrine, and that
21is used for the manual injection of epinephrine into the human body to prevent or
22treat a life-threatening allergic reaction.
SB343,7 23Section 7. 118.2925 (1) (h) of the statutes is amended to read:
SB343,3,2524 118.2925 (1) (h) “Self-administer" means to administer an epinephrine
25auto-injector or prefilled syringe to one's own body.
SB343,8
1Section 8. 118.2925 (3) of the statutes is amended to read:
SB343,4,52 118.2925 (3) Prescriptions for schools. A physician, an advanced practice
3nurse prescriber, or a physician assistant may prescribe epinephrine auto-injectors
4or prefilled syringes in the name of a school that has adopted a plan under sub. (2)
5(a), to be maintained by the school for use under sub. (4).
SB343,9 6Section 9. 118.2925 (4) (title), (a), (b) and (c) of the statutes are amended to
7read:
SB343,4,88 118.2925 (4) (title) Use of epinephrine auto-injectors.
SB343,4,119 (a) Provide an epinephrine auto-injector or prefilled syringe to a pupil to
10self-administer the epinephrine auto-injector or prefilled syringe in accordance
11with a prescription specific to the pupil that is on file with the school.
SB343,4,1312 (b) Administer an epinephrine auto-injector or prefilled syringe to a pupil in
13accordance with a prescription specific to the pupil that is on file with the school.
SB343,5,214 (c) Administer an epinephrine auto-injector or prefilled syringe to a pupil or
15other person who the school nurse or designated school personnel in good faith
16believes is experiencing anaphylaxis in accordance with a standing protocol from a
17physician, an advanced practice nurse prescriber, or a physician assistant,
18regardless of whether the pupil or other person has a prescription for an epinephrine
19auto-injector or prefilled syringe. If the pupil or other person does not have a
20prescription for an epinephrine auto-injector or prefilled syringe, or the person who
21administers the epinephrine auto-injector or prefilled syringe does not know
22whether the pupil or other person has a prescription for an epinephrine auto-injector
23or prefilled syringe, the person who administers the epinephrine auto-injector or
24prefilled syringe
shall, as soon as practicable, report the administration by dialing

1the telephone number “911" or, in an area in which the telephone number “911" is not
2available, the telephone number for an emergency medical service provider.
SB343,10 3Section 10. 118.2925 (4m) (a) and (b) of the statutes are amended to read:
SB343,5,74 118.2925 (4m) (a) The authority to self-administer an epinephrine
5auto-injector or prefilled syringe under sub. (4) (a) is independent of the authorized
6possession and use of an epinephrine auto-injector or prefilled syringe under s.
7118.292 (1r).
SB343,5,108 (b) The authority to administer an epinephrine auto-injector or prefilled
9syringe
under sub. (4) (b) and (c) is independent of the authority to administer an
10epinephrine auto-injector under s. 118.29 (2) (a) 2. and 2m.
SB343,11 11Section 11. 118.2925 (5) of the statutes is amended to read:
SB343,5,2212 118.2925 (5) Immunity from civil liability; exemption from practice of
13medicine.
A school and its designated school personnel, and a physician, advanced
14practice nurse prescriber, or physician assistant who provides a prescription or
15standing protocol for school epinephrine auto-injectors or prefilled syringes, are not
16liable for any injury that results from the administration or self-administration of
17an epinephrine auto-injector or prefilled syringe under this section, regardless of
18whether authorization was given by the pupil's parent or guardian or by the pupil's
19physician, physician assistant, or advanced practice nurse prescriber, unless the
20injury is the result of an act or omission that constitutes gross negligence or willful
21or wanton misconduct. The immunity from liability provided under this subsection
22is in addition to and not in lieu of that provided under s. 895.48.
SB343,12 23Section 12. 255.07 (title) and (1) (a) of the statutes are amended to read:
SB343,5,25 24255.07 (title) Life-saving allergy medication; use of epinephrine
25auto-injectors.
SB343,6,2
1(1) (a) “Administer" means the direct application of an epinephrine
2auto-injector or prefilled syringe to the body of an individual.
SB343,13 3Section 13. 255.07 (1) (e) of the statutes is created to read:
SB343,6,74 255.07 (1) (e) “Prefilled syringe” means a device that is approved by the federal
5food and drug administration, that contains a dose of epinephrine, and that is used
6for the manual injection of epinephrine into the human body to prevent or treat a
7life-threatening allergic reaction.
SB343,14 8Section 14. 255.07 (2) of the statutes is renumbered 255.07 (2) (a) and
9amended to read:
SB343,6,1610 255.07 (2) (a) A health care practitioner may prescribe an epinephrine
11auto-injector or prefilled syringe in the name of an authorized entity or an
12authorized individual for use in accordance with this section. A health care
13practitioner may issue to one or more persons a standing order authorizing the
14dispensing of epinephrine auto-injectors or prefilled syringes for use under sub. (4)
15by an authorized individual or by an employee or agent of an authorized entity who
16has completed the training required by sub. (5).
SB343,15 17Section 15. 255.07 (2) (b) of the statutes is created to read:
SB343,6,2218 255.07 (2) (b) A health care provider with prescribing authority who is
19employed by or under contract with the department may issue a statewide standing
20order for the dispensing of epinephrine auto-injectors or prefilled syringes for use
21under sub. (4) by authorized individuals or by employees or agents of authorized
22entities who have completed the training required by sub. (5).
SB343,16 23Section 16. 255.07 (3) of the statutes is amended to read:
SB343,7,824 255.07 (3) Authorized entities or individuals permitted to maintain supply.
25An authorized entity or an authorized individual may acquire and maintain a supply

1of epinephrine auto-injectors and prefilled syringes pursuant to a prescription
2issued in accordance with this section. The authorized entity or authorized
3individual shall store an epinephrine auto-injector or prefilled syringe in a location
4readily accessible in an emergency and in accordance with the epinephrine
5auto-injector's or prefilled syringe's instructions for use. An authorized entity shall
6designate an employee or agent who has completed the training required in sub. (5)
7to be responsible for the storage, maintenance, control, and general oversight of
8epinephrine auto-injectors or prefilled syringes acquired by the authorized entity.
SB343,17 9Section 17. 255.07 (4) of the statutes is amended to read:
SB343,7,1310 255.07 (4) Use of epinephrine auto-injectors. An employee or agent of an
11authorized entity who has completed the training required by sub. (5) or an
12authorized individual may use an epinephrine auto-injector or prefilled syringe
13prescribed under sub. (2) to do any of the following:
SB343,7,1914 (a) Provide one or more epinephrine auto-injectors or prefilled syringes to any
15individual who the employee, agent, or authorized individual believes in good faith
16is experiencing anaphylaxis, or to the parent, guardian, or caregiver of that
17individual for immediate administration, regardless of whether the individual has
18a prescription for an epinephrine auto-injector or prefilled syringe or has previously
19been diagnosed with an allergy.
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