Chapter 255

255.065(1) (1) In this section:

255.065(1)(a) (a) “Dense breast tissue” means heterogeneously dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data System established by the American College of Radiology.

255.065(1)(b) (b) “Facility” has the meaning given in 42 USC 263b (a) (3).

255.065(1)(c) (c) “Mammography” has the meaning given in s. 255.06 (1) (b).

255.065(2) (2) A facility that performs mammography examinations shall, in delivering, as required under 42 USC 263b (f) (1) (G) (ii) (IV), a summary of the results of any mammography examination, provide to patients with dense breast tissue a notice regarding breast density in substantially the following form:

BREAST DENSITY NOTIFICATION

Your mammogram shows that your breast tissue is dense. Dense breast tissue is found in almost 40 percent of women and is a normal finding. However, studies show that dense breast tissue can make it harder to find cancer on a mammogram and is associated with a slightly increased risk of breast cancer. Regular screening mammograms are still recommended for you. This information is provided to raise your awareness about the result of your mammogram. You can use this information to talk with your health care professional about your own risks for breast cancer. Together, you can decide which screening options are right for you. The results of your mammogram were sent to your doctor. Please note that breast density is affected by several factors and may change over time.

255.065(3) (3) Nothing in this section may be construed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.

255.065 History History: 2017 a. 201.

255.07 255.07 Life-saving allergy medication; use of epinephrine.

255.07(1) (1) Definitions. In this section:

255.07(1)(a) (a) “Administer” means the direct application of an epinephrine auto-injector or prefilled syringe to the body of an individual.

255.07(1)(b) (b) “Authorized entity” means any entity or organization, other than a school described in s. 118.2925, operating or participating in a business, activity, or event at which allergens capable of causing anaphylaxis may be present, including a recreational and educational camp, college, university, day care facility, youth sports league, amusement park, restaurant, place of employment, and sports arena.

255.07(1)(bg) (bg) “Authorized individual” means an individual who has successfully completed the training program under sub. (5).

255.07(1)(cm) (cm) “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.

255.07(1)(d) (d) “Health care practitioner” means a physician, a physician assistant, or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.

255.07(2) (2) Prescribing to an authorized entity or individual permitted.

255.07(2)(a) (a) A health care practitioner may prescribe an 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 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).

255.07(2)(b) (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 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).

255.07(3) (3) Authorized entities or individuals permitted to maintain supply. An authorized entity or an authorized individual may acquire and maintain a supply of epinephrine delivery systems pursuant to a prescription issued in accordance with this section. The authorized entity or authorized individual shall store an epinephrine delivery system in a location readily accessible in an emergency and in accordance with the 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 delivery systems acquired by the authorized entity.

255.07(4) (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 delivery system prescribed under sub. (2) to do any of the following:

255.07(4)(a) (a) Provide one or more 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 delivery system or has previously been diagnosed with an allergy.

255.07(4)(b) (b) Administer an 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 delivery system or has previously been diagnosed with an allergy.

255.07(5) (5) Training.

255.07(5)(a) (a) An employee or agent described in sub. (3) or (4) or an individual seeking to be an authorized individual shall complete an anaphylaxis training program and at least every 4 years thereafter. The employee, agent, or individual shall complete a training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an organization approved by the department. The department may approve an organization to conduct training, either online or in person, that covers, at a minimum, all of the following:

255.07(5)(a)1. 1. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.

255.07(5)(a)2. 2. Standards and procedures for the storage and administration of an epinephrine delivery system.

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

255.07(5)(b) (b) The organization that conducts the training under par. (a) shall issue a certificate, on a form approved by the department, to each person who successfully completes the anaphylaxis training program.

255.07(6) (6) Good Samaritan protections; liability.

255.07(6)(a) (a) All of the following are not liable for any injury that results from the administration or failure to administer an 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:

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

255.07(6)(a)2. 2. A health care practitioner who prescribes or dispenses an epinephrine delivery system to an authorized entity or authorized individual.

255.07(6)(a)3. 3. A pharmacist or other person who dispenses an epinephrine delivery system to an authorized entity or authorized individual.

255.07(6)(a)4. 4. An organization that conducts the training described in sub. (5).

255.07(6)(b) (b) The use of an 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.

255.07(6)(c) (c) This immunity from liability or defense provided under this subsection is in addition to and not in lieu of that provided under s. 895.48 or any other defense or immunity provided under state law.

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

255.07(6)(d)1. 1. The person would not have been liable for injuries or damages if the epinephrine delivery system was provided or administered in this state.

255.07(6)(d)2. 2. The person is not liable for injuries or damages under the law of the state in which the epinephrine delivery system was provided or administered.

255.07(6)(e) (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 delivery system.

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

255.07(7) (7) Health care providers. Nothing in this section prohibits a health care provider, as defined in s. 146.81 (1) (a) to (hp) and (q) to (s), from acting within the scope of practice of the health care provider’s license, certificate, permit, or registration.

255.07 History History: 2015 a. 35; 2017 a. 133; 2017 a. 365 s. 111; 2021 a. 23, 218; 2023 a. 27.

255.085 255.085 Diabetes care and prevention action program.

255.085(1) (1) The department shall, in consultation with the department of employee trust funds, develop and implement a plan to reduce the incidence of diabetes in Wisconsin, improve diabetes care, and control complications associated with diabetes. The department may also consult with the department of public instruction and the department of corrections in developing a plan under this section.

255.085(2) (2) By January 1, 2021, and biennially thereafter, the department shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides all of the following:

255.085(2)(a) (a) An assessment of the financial impact and reach diabetes of all types is having on the department, the state, and localities. This assessment shall include the number of individuals with diabetes impacted or covered by the entity, the number of individuals with diabetes and family members impacted by prevention and diabetes control programs implemented by the department, the financial toll or impact diabetes and its complications place on the department’s programs, and the financial toll or impact diabetes and its complications place on the department’s programs in comparison to other chronic diseases and conditions.

255.085(2)(b) (b) An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease. This assessment shall also document the amount of and source for any funding directed to the department or other entities or organizations from the state for programs and activities aimed at reaching those with diabetes.

255.085(2)(c) (c) A description of the level of coordination existing within the department and between the department and other entities or organizations on activities, programmatic activities, and messaging on managing, treating, or preventing all forms of diabetes and its complications.

255.085(2)(d) (d) The development or revision of the detailed action plan under sub. (1) with a range of actionable items for consideration by the legislature. The department shall identify in the plan proposed steps to reduce the impact of diabetes, prediabetes, and related diabetes complications, and may include associated comorbid conditions. The plan shall also identify expected outcomes of the proposed steps while also establishing benchmarks for controlling and preventing relevant forms of diabetes.

255.085(2)(e) (e) The development of a detailed budget proposal identifying needs, costs, and resources required to implement the plan under sub. (1). This proposal shall include a budget range for all options presented in the plan under sub. (1) for consideration by the legislature.

255.085 History History: 2019 a. 154.

255.10 255.10 Thomas T. Melvin youth tobacco prevention and education program. From the moneys distributed under s. 255.15 (3) (b), the department shall administer the Thomas T. Melvin youth tobacco prevention and education program, with the primary purpose of reducing the use of cigarettes and tobacco products by minors. The department shall award grants for the following purposes:

255.10(1) (1) Community education provided through local community initiatives.

255.10(2) (2) A multimedia education campaign directed at encouraging minors not to begin using tobacco, motivating and assisting adults to stop using tobacco and changing public opinion on the use of tobacco.

255.10(3) (3) Public education through grants to schools to expand and implement curricula on tobacco education.

255.10(4) (4) Research on methods by which to discourage use of tobacco.

255.10(5) (5) Evaluation of the program under this section.

255.10 History History: 1997 a. 27; 2001 a. 16; 2003 a. 33.

255.15 255.15 Statewide tobacco use control program.

255.15(1m) (1m) Duties. The department shall do all of the following:

255.15(1m)(b) (b) Administer the grant program under sub. (3).

255.15(1m)(c) (c) Promulgate rules establishing criteria for recipients of grants awarded under sub. (3), including performance-based standards for grant recipients that propose to use the grant for media efforts. The department shall ensure that programs or projects conducted under the grants are culturally sensitive.

255.15(1m)(d) (d) Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.

255.15(1m)(e) (e) Provide a clearinghouse of information on matters relating to tobacco issues and how they are being met in different places throughout the nation such that both lay and professional groups in the field of government, health care and education may have additional avenues for sharing experiences and interchanging ideas in the formulation of public policy on tobacco.

255.15(1m)(f) (f) Continue implementation of a strategic plan for a statewide tobacco use control program, including the allocation of funding, and update the plan annually.

255.15(3) (3) Use of funds.

255.15(3)(b) (b) From the appropriation account under s. 20.435 (1) (fm), the department may award grants for any of the following:

255.15(3)(b)1. 1. Community-based programs to reduce tobacco use.

255.15(3)(b)2. 2. Community-based programs to reduce the burden of tobacco-related diseases.

255.15(3)(b)3. 3. School-based programs relating to tobacco use cessation and prevention.

255.15(3)(b)4. 4. Enforcement of local laws aimed at reducing exposure to secondhand smoke and restricting underage access to tobacco.

255.15(3)(b)5. 5. Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.

255.15(3)(b)6. 6. Marketing activities that promote tobacco use cessation and prevention.

255.15(3)(b)7. 7. Projects designed to reduce tobacco use among minorities and pregnant women.

255.15(3)(b)8. 8. Other tobacco use cessation or prevention programs, including tobacco research and intervention.

255.15(3)(b)9. 9. Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.

255.15(3)(b)10. 10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.

255.15(3)(b)11. 11. To the Board of Regents of the University of Wisconsin System for advancing the work of the tobacco research and intervention center at the University of Wisconsin-Madison in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use, and expanding smoking cessation programs throughout the state.

255.15(3)(bm) (bm) From the appropriation account under s. 20.435 (1) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.

255.15(3)(c) (c) No recipient of moneys distributed under par. (b) or (bm) may expend more than 10 percent of those moneys for administrative costs.

255.15(4) (4) Reports. Not later than April 15, 2002, and annually thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the grant program under sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the department under sub. (5).

255.15(5) (5) Funds. The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under sub. (4) any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

255.15 History History: 1999 a. 9; 2001 a. 16; 2003 a. 33; 2005 a. 25; 2009 a. 28; 2011 a. 32.

255.15 Cross-reference Cross-reference: See also ch. DHS 199, Wis. adm. code.

subch. III of ch. 255 SUBCHAPTER III

INJURY PREVENTION AND CONTROL

255.20 255.20 Duties of the department. The department shall do all of the following: