SB7: Bill Text

SB7,,39 118.2925 (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 epinephrine delivery systems, are not liable for any injury that results from the administration or self-administration of an epinephrine auto-injector or prefilled syringe epinephrine delivery system 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.

SB7,20 Section 20. 255.07 (1) (c) of the statutes is repealed.

SB7,21 Section 21. 255.07 (1) (cm) of the statutes is created to read:

SB7,,42 255.07 (1) (cm) “Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

SB7,22 Section 22. 255.07 (1) (e) of the statutes is repealed.

SB7,23 Section 23. 255.07 (2) (a) of the statutes is amended to read:

SB7,,45 255.07 (2) (a) A health care practitioner may prescribe an epinephrine auto-injector or prefilled syringe 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 auto-injectors or prefilled syringes 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).

SB7,24 Section 24. 255.07 (2) (b) of the statutes is amended to read:

SB7,,47 255.07 (2) (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 auto-injectors or prefilled syringes 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).

SB7,25 Section 25. 255.07 (3) of the statutes is amended to read:

SB7,,49 255.07 (3) Authorized entities or individuals permitted to maintain supply. An authorized entity or an authorized individual may acquire and maintain a supply of epinephrine auto-injectors and prefilled syringes epinephrine delivery systems pursuant to a prescription issued in accordance with this section. The authorized entity or authorized individual shall store an epinephrine auto-injector or prefilled syringe epinephrine delivery system in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector’s or prefilled syringe’s 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 auto-injectors or prefilled syringes epinephrine delivery systems acquired by the authorized entity.

SB7,26 Section 26. 255.07 (4) of the statutes is amended to read:

SB7,,51 255.07 (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 auto-injector or prefilled syringe epinephrine delivery system prescribed under sub. (2) to do any of the following:

SB7,,52 (a) Provide one or more epinephrine auto-injectors or prefilled syringes 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 auto-injector or prefilled syringe epinephrine delivery system or has previously been diagnosed with an allergy.

SB7,,53 (b) Administer an epinephrine auto-injector or prefilled syringe 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 auto-injector or prefilled syringe epinephrine delivery system or has previously been diagnosed with an allergy.

SB7,27 Section 27. 255.07 (5) (a) 2. of the statutes is amended to read:

SB7,,55 255.07 (5) (a) 2. Standards and procedures for the storage and administration of an epinephrine auto-injector and, if applicable, a prefilled syringe epinephrine delivery system.

SB7,28 Section 28. 255.07 (5) (a) 3. of the statutes is amended to read:

SB7,,57 255.07 (5) (a) 3. Emergency follow-up procedures after an epinephrine auto-injector or prefilled syringe epinephrine delivery system is administered, including the necessity of calling the telephone number “911” or another telephone number for an emergency medical service provider.

SB7,29 Section 29. 255.07 (6) (a) (intro.) of the statutes is amended to read:

SB7,,59 255.07 (6) (a) (intro.) All of the following are not liable for any injury that results from the administration or failure to administer an epinephrine auto-injector or prefilled syringe 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:

SB7,30 Section 30. 255.07 (6) (a) 1., 2. and 3. of the statutes are amended to read:

SB7,,61 255.07 (6) (a) 1. An authorized entity or authorized individual that possesses and makes available an epinephrine auto-injector or prefilled syringe epinephrine delivery system and employees, agents, and authorized individuals that store, maintain, control, oversee, provide, or use an epinephrine auto-injector or prefilled syringe epinephrine delivery system.

SB7,,62 2. A health care practitioner who prescribes or dispenses an epinephrine auto-injector or prefilled syringe epinephrine delivery system to an authorized entity or authorized individual.

SB7,,63 3. A pharmacist or other person who dispenses an epinephrine auto-injector or prefilled syringe epinephrine delivery system to an authorized entity or authorized individual.

SB7,31 Section 31. 255.07 (6) (b) of the statutes is amended to read:

SB7,,65 255.07 (6) (b) The use of an epinephrine auto-injector or prefilled syringe 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.

SB7,32 Section 32. 255.07 (6) (d) of the statutes is amended to read:

SB7,,67 255.07 (6) (d) A person is not liable for any injuries or related damages that result from providing or administering an epinephrine auto-injector or prefilled syringe epinephrine delivery system outside of this state if the person satisfies any of the following criteria:

SB7,,68 1. The person would not have been liable for injuries or damages if the epinephrine auto-injector or prefilled syringe epinephrine delivery system was provided or administered in this state.

SB7,,69 2. The person is not liable for injuries or damages under the law of the state in which the epinephrine auto-injector or prefilled syringe epinephrine delivery system was provided or administered.

SB7,33 Section 33. 255.07 (6) (e) of the statutes is amended to read:

SB7,,71 255.07 (6) (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 or prefilled syringe epinephrine delivery system.

SB7,34 Section 34. 255.07 (6) (f) of the statutes is amended to read:

SB7,,73 255.07 (6) (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 or prefilled syringe epinephrine delivery system, if the employer or other person reasonably believes the individual is acting as an authorized individual under this section.

SB7,35 Section 35. 448.03 (2) (q) of the statutes is amended to read:

SB7,,75 448.03 (2) (q) The administration of an epinephrine auto-injector or prefilled syringe epinephrine delivery system in accordance with s. 118.2925 or 255.07.

SB7,36 Section 36. 450.11 (4) (a) 5. d. of the statutes is amended to read:

SB7,,77 450.11 (4) (a) 5. d. For an epinephrine auto-injector or prefilled syringe prescribed epinephrine delivery system under s. 118.2925 (3) or 255.07 (2), the name of the school, authorized entity, authorized individual, or other person specified under s. 255.07 (3).

SB7,,78 (end)