Chapter 118

118.291(2)(c) (c) No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had been satisfied.

118.291 History History: 1997 a. 77; 2005 a. 398; 2009 a. 302.

118.2915 118.2915 Asthma in schools; use of short-acting bronchodilators.

118.2915(1) (1) Definitions. In this section:

118.2915(1)(a) (a) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16.

118.2915(1)(b) (b) “Asthma” means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli.

118.2915(1)(c) (c) “Designated school personnel” means employees, agents, or volunteers of a school, designated by the governing body of the school, who have completed the training specified in the plan adopted by the governing body of the school under sub. (2) (a).

118.2915(1)(d) (d) “Pharmacist” has the meaning given in s. 450.01 (15).

118.2915(1)(e) (e) “Physician” means a person licensed to practice medicine and surgery under ch. 448.

118.2915(1)(f) (f) “Physician assistant” means a person licensed under s. 448.974.

118.2915(1)(g) (g) “School” means a public, private, or tribal school.

118.2915(1)(h) (h) “Self-administer” means to administer a short-acting bronchodilator to one’s own body.

118.2915(1)(i) (i) “Short-acting bronchodilator” means any beta-2 agonist, such as albuterol, used for the quick relief of asthma symptoms. “Short-acting bronchodilator” includes an orally inhaled medication that contains a premeasured single dose of albuterol or albuterol sulfate delivered by a nebulizer or by a pressurized metered-dose inhaler.

118.2915(2) (2) School plan.

118.2915(2)(a) (a) The governing body of a school may adopt a plan for the management of pupils attending the school who have asthma. If the governing body of a school adopts a plan under this paragraph, 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 under this paragraph unless the plan has been approved by a physician, an advanced practice nurse prescriber, or a physician assistant.

118.2915(2)(b) (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 website or the website of each school under its jurisdiction or, if such a website does not exist, give a copy of the plan to any person upon request.

118.2915(3) (3) Prescriptions and supply.

118.2915(3)(a) (a) A physician, an advanced practice nurse prescriber, or a physician assistant may provide a prescription or standing order for a short-acting bronchodilator or components 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).

118.2915(3)(b) (b) The governing body of a school that has a valid prescription under par. (a) may accept as a donation a short-acting bronchodilator or components if the donated short-acting bronchodilator or components are new, unexpired, manufacturer-sealed, not subject to recall, unadulterated, and in compliance with regulations promulgated by the federal food and drug administration.

118.2915(3)(c) (c) The governing body of a school that has adopted a plan under sub. (2) (a) may obtain a prescription or standing order for a short-acting bronchodilator or components and may acquire and maintain, in accordance with the manufacturer’s instructions, a supply of short-acting bronchodilators and components.

118.2915(4) (4) Use of bronchodilators. 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:

118.2915(4)(a) (a) Provide a short-acting bronchodilator to a pupil to self-administer the short-acting bronchodilator in accordance with a prescription specific to the pupil that is on file with the school.

118.2915(4)(b) (b) Administer a short-acting bronchodilator to a pupil in accordance with a prescription specific to the pupil that is on file with the school.

118.2915(4)(c) (c) In accordance with a prescription or standing order from a physician, an advanced practice nurse prescriber, or a physician assistant, administer a short-acting bronchodilator to a pupil or other person who the school nurse or designated school personnel believes in good faith is experiencing respiratory distress, regardless of whether the pupil or other person has a prescription for a short-acting bronchodilator.

118.2915(5) (5) Independent authority.

118.2915(5)(a) (a) The authority to self-administer a short-acting bronchodilator under sub. (4) (a) is independent of the authorized possession and use of a metered-dose inhaler or dry-powder inhaler under s. 118.291 (1r).

118.2915(5)(b) (b) The authority to administer a short-acting bronchodilator under sub. (4) (b) and (c) is independent of the authority to administer a metered-dose inhaler or dry-powder inhaler under s. 118.29 (2) (a) 2.

118.2915(6) (6) Immunity from civil liability; exemption from practice of medicine.

118.2915(6)(a) (a) None of the following are liable for any injury that results from the administration or self-administration of a short-acting bronchodilator 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:

118.2915(6)(a)1. 1. A school, its school nurse, and its designated school personnel.

118.2915(6)(a)2. 2. A physician, advanced practice nurse prescriber, or physician assistant who provides a prescription or standing order for a short-acting bronchodilator or components to a school under sub. (3) (a).

118.2915(6)(a)3. 3. A physician, advanced practice nurse prescriber, physician assistant, or pharmacist who dispenses a short-acting bronchodilator or components to a school in accordance with a prescription or standing order under sub. (3) (a).

118.2915(6)(b) (b) The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48.

118.2915(7) (7) 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.

118.2915 History History: 2023 a. 195.

118.292 118.292 Possession and use of epinephrine.

118.292(1g) (1g) In this section:

118.292(1g)(a) (a) “Emergency situation” means a situation in which a pupil reasonably believes that he or she is experiencing a severe allergic reaction, including anaphylaxis, that requires the administration of epinephrine to avoid severe injury or death.

118.292(1g)(bg) (bg) “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.

118.292(1g)(c) (c) “School” includes a public, private, and tribal school.

118.292(1r) (1r) While in school, at a school-sponsored activity or under the supervision of a school authority, a pupil may possess and use an epinephrine delivery system if all of the following are true:

118.292(1r)(a) (a) The pupil uses the epinephrine delivery system to prevent the onset or alleviate the symptoms of an emergency situation.

118.292(1r)(b) (b) The pupil has the written approval of the pupil’s physician and, if the pupil is a minor, the written approval of the pupil’s parent or guardian.

118.292(1r)(c) (c) The pupil has provided the school principal with a copy of the approval or approvals under par. (b).

118.292(2) (2) No school board, school district, private school, or tribal school, or any employee of the foregoing, is civilly liable for an injury incurred by any of the following:

118.292(2)(a) (a) A pupil as a result of using an epinephrine delivery system under sub. (1r).

118.292(2)(b) (b) Any person as a result of a pupil possessing or using an epinephrine delivery system under sub. (1r).

118.292 History History: 2011 a. 85; 2021 a. 218; 2023 a. 27.

118.2925 118.2925 Life-threatening allergies in schools; use of epinephrine.

118.2925(1) (1) Definitions. In this section:

118.2925(1)(a) (a) “Administer” means the direct application of an epinephrine auto-injector or prefilled syringe to a person’s body.

118.2925(1)(b) (b) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16.

118.2925(1)(c) (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).

118.2925(1)(dm) (dm) “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.

118.2925(1)(e) (e) “Physician” means a person licensed to practice medicine and surgery under ch. 448.

118.2925(1)(f) (f) “Physician assistant” means a person who is licensed under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448.

118.2925(1)(g) (g) “School” means a public, private, or tribal school.

118.2925(1)(h) (h) “Self-administer” means to administer an epinephrine delivery system to one’s own body.

118.2925(2) (2) School plan.

118.2925(2)(a) (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.

118.2925(2)(b) (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.

118.2925(3) (3) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe epinephrine delivery systems 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).

118.2925(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:

118.2925(4)(a) (a) Provide an epinephrine delivery system to a pupil to self-administer the epinephrine delivery system in accordance with a prescription specific to the pupil that is on file with the school.

118.2925(4)(b) (b) Administer an epinephrine delivery system to a pupil in accordance with a prescription specific to the pupil that is on file with the school.

118.2925(4)(c) (c) Administer an epinephrine delivery system 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 delivery system. If the pupil or other person does not have a prescription for an epinephrine delivery system, or the person who administers the epinephrine delivery system does not know whether the pupil or other person has a prescription for an epinephrine delivery system, the person who administers the epinephrine delivery system 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.

118.2925(4m) (4m) Independent authority.

118.2925(4m)(a) (a) The authority to self-administer an epinephrine delivery system under sub. (4) (a) is independent of the authorized possession and use of an epinephrine delivery system under s. 118.292 (1r).

118.2925(4m)(b) (b) The authority to administer an epinephrine delivery system under sub. (4) (b) and (c) is independent of the authority to administer an epinephrine delivery system under s. 118.29 (2) (a) 2. and 2m.

118.2925(5) (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 delivery systems, are not liable for any injury that results from the administration or self-administration of an 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.

118.2925(6m) (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.

118.2925 History History: 2013 a. 239; 2021 a. 23, 218; 2023 a. 27, 81.

118.293 118.293 Concussion and head injury.

118.293(1) (1) In this section:

118.293(1)(a) (a) “Credential” means a license or certificate of certification issued by this state.

118.293(1)(am) (am) “Health care provider” means a person to whom all of the following apply:

118.293(1)(am)1. 1. He or she holds a credential that authorizes the person to provide health care.

118.293(1)(am)2. 2. He or she is trained and has experience in evaluating and managing pediatric concussions and head injuries.

118.293(1)(am)3. 3. He or she is practicing within the scope of his or her credential.

118.293(1)(c) (c) “Youth athletic activity” means an organized athletic activity in which the participants, a majority of whom are under 19 years of age, are engaged in an athletic game or competition against another team, club, or entity, or in practice or preparation for an organized athletic game or competition against another team, club, or entity. “Youth athletic activity” does not include a college or university activity or an activity that is incidental to a nonathletic program.

118.293(2) (2) In consultation with the Wisconsin Interscholastic Athletic Association, the department shall develop guidelines and other information for the purpose of educating athletic coaches and pupil athletes and their parents or guardians about the nature and risk of concussion and head injury in youth athletic activities.

118.293(3) (3) 

118.293(3)(a) (a) At the beginning of a season for a youth athletic activity, the person operating the youth athletic activity shall distribute a concussion and head injury information sheet to each person who will be coaching that youth athletic activity and to each person who wishes to participate in that youth athletic activity. No person may participate in a youth athletic activity unless the person returns the information sheet signed by the person and, if he or she is under the age of 19, by his or her parent or guardian.

118.293(3)(b) (b)

118.293(3)(b)1. 1. Notwithstanding par. (a), a public or private school is not required to distribute an information sheet to a pupil enrolled in the school who wishes to participate in a youth athletic activity operated by the school during a school year, and a pupil enrolled in the school may participate in that youth athletic activity without returning an appropriately signed information sheet for that activity, if the pupil has returned an appropriately signed information sheet for another youth athletic activity operated by the school during the same school year.

118.293(3)(b)2. 2. Notwithstanding par. (a), a private club is not required to distribute an information sheet to a person who wishes to participate in a youth athletic activity operated by the private club, and a person may participate in that youth athletic activity without returning an appropriately signed information sheet for the activity, if the person has returned an appropriately signed information sheet to the club within the previous 365 days.

118.293(4) (4) 

118.293(4)(a) (a) An athletic coach, or official involved in a youth athletic activity, or health care provider shall remove a person from the youth athletic activity if the coach, official, or health care provider determines that the person exhibits signs, symptoms, or behavior consistent with a concussion or head injury or the coach, official, or health care provider suspects the person has sustained a concussion or head injury.

118.293(4)(b) (b) A person who has been removed from a youth athletic activity under par. (a) may not participate in a youth athletic activity until he or she is evaluated by a health care provider and receives a written clearance to participate in the activity from the health care provider.