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 HistoryHistory: 2023 a. 195.
118.292118.292Possession 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: