Chapter 118

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.

118.293(5) (5) 

118.293(5)(a) (a) Any athletic coach, official involved in an athletic activity, or volunteer who fails to remove a person from a youth athletic activity under sub. (4) (a) is immune from civil liability for any injury resulting from that omission unless it constitutes gross negligence or willful or wanton misconduct.

118.293(5)(b) (b) Any volunteer who authorizes a person to participate in a youth athletic activity under sub. (4) (b) is immune from civil liability for any injury resulting from that act unless the act constitutes gross negligence or willful or wanton misconduct.

118.293(6) (6) This section does not create any liability for, or a cause of action against, any person.

118.293 History History: 2011 a. 172; 2013 a. 93.

118.2935 118.2935 Sudden cardiac arrest; youth athletic activities.

118.2935(1) (1) In this section, “youth athletic activity” has the meaning given in s. 118.293 (1) (c).

118.2935(2) (2) In consultation with the Wisconsin Interscholastic Athletic Association and at least 2 pediatric cardiologists, one of whom is employed by the Medical College of Wisconsin and one of whom is employed by the University of Wisconsin-Madison Medical School, the department shall develop information for the purpose of educating athletic coaches and pupil athletes and their parents or guardians about the nature and risk of sudden cardiac arrest during youth athletic activities. The department shall include in the information developed under this subsection at least all of the following:

118.2935(2)(a) (a) Information about the risks associated with continuing to participate in a youth athletic activity after experiencing one or more symptoms of sudden cardiac arrest, including fainting, difficulty breathing, chest pains, dizziness, and abnormal racing heart rate.

118.2935(2)(b) (b) Information about electrocardiogram testing, including the potential risks, benefits, and evidentiary basis behind electrocardiogram testing.

118.2935(2)(c) (c) Information about how to request, from a pupil’s health care provider, the administration of an electrocardiogram, in addition to a comprehensive physical examination required to participate in a youth athletic activity, at a cost to be incurred by the pupil’s parent or guardian.

118.2935(3m) (3m) At the beginning of a season for a youth athletic activity offered to persons who are 12 years of age or older, the person operating the youth athletic activity shall ensure that the information developed under sub. (2) is included in the information sheet required to be distributed under s. 118.293 (3) (a).

118.2935(4) (4) This section does not create any liability for, or a cause of action against, any person.

118.2935(5) (5) This section does not apply after June 30, 2032.

118.2935 History History: 2021 a. 210.

118.294 118.294 Undesignated glucagon.

118.294(1) (1) Definitions. In this section:

118.294(1)(a) (a) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16.

118.294(1)(am) (am) “Advanced practice registered nurse” has the meaning given in s. 154.01 (1g).

118.294(1)(b) (b) “Diabetes medical management plan” means a document developed by the personal health care team of a pupil that sets out the health services needed by the pupil at school and at school-sponsored activities and is signed by the personal health care team and the parent or guardian of the pupil.

118.294(1)(bm) (bm) “Diabetes provider” means a physician, physician assistant, or advanced practice registered nurse who has primary responsibility for the treatment and care of a pupil’s diabetes.

118.294(1)(c) (c) “Physician” means a person licensed to practice medicine and surgery under ch. 448.

118.294(1)(d) (d) “Physician assistant” means a person licensed under s. 448.974.

118.294(1)(f) (f) “School” means a public school, including a charter school, or a private or tribal school.

118.294(1)(g) (g) “School personnel” means an individual authorized under sub. (3) (b) to administer undesignated glucagon to a pupil.

118.294(1)(h) (h) “Undesignated glucagon” means a glucagon approved by the federal food and drug administration for the treatment of severe hypoglycemia in a dosage form that can be rapidly administered to a patient with diabetes in a hypoglycemic emergency that is prescribed in the name of a school or school district.

118.294(2) (2) Prescriptions for schools. A physician, an advanced practice nurse prescriber, or a physician assistant may prescribe undesignated glucagon in the name of a school to be maintained by the school for use under sub. (3).

118.294(3) (3) Undesignated glucagon in schools.

118.294(3)(a) (a) The governing body of a school may obtain a prescription for undesignated glucagon under sub. (2) and maintain a supply of undesignated glucagon in any secure location that is immediately accessible to school personnel. The governing body of a school shall maintain any supply of undesignated glucagon in accordance with the manufacturer’s instructions.

118.294(3)(b) (b) If authorized in writing by the governing body of a school, a school principal or school administrator, or the administrator of a county children with disabilities education board or cooperative educational service agency, any of the following may administer, on school premises or at a school-sponsored activity, undesignated glucagon to a pupil in accordance with the pupil’s diabetes medical management plan or the pupil’s diabetes provider’s order for glucagon if the pupil’s prescribed glucagon is not available on-site or has expired:

118.294(3)(b)1. 1. A school bus operator validly authorized under ss. 343.12 and 343.17 (3) (c) to operate the school bus he or she is operating.

118.294(3)(b)2. 2. A school employee or volunteer.

118.294(3)(b)3. 3. A county children with disabilities education board employee or volunteer.

118.294(3)(b)4. 4. A cooperative educational service agency employee or volunteer.

118.294(3)(c) (c) As soon as practicable after the administration of undesignated glucagon, school personnel shall 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 and notify all of the following of the administration of undesignated glucagon to the pupil:

118.294(3)(c)1. 1. The school nurse, if an individual other than the school nurse administered the glucagon.

118.294(3)(c)2. 2. The pupil’s parent, guardian, or emergency contact, if known.

118.294(3)(c)3. 3. The pupil’s health care provider, if known.

118.294(3m) (3m) Independent authority. The authority to administer undesignated glucagon under sub. (3) (b) is independent of the authority to administer glucagon under s. 118.29 (2) (a) 2. and 2r.

118.294(4) (4) Immunity from civil liability; exemption from practice of medicine.

118.294(4)(a) (a) A school and its school personnel, and a physician, an advanced practice nurse prescriber, or a physician assistant who provides a prescription or standing order for undesignated glucagon are not liable for any injury that results from the administration of undesignated glucagon under this section, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s diabetes provider, 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 paragraph is in addition to and not in lieu of that provided under s. 895.48.