Date of enactment: March 22, 2024
2023 Assembly Bill 914 Date of publication*: March 23, 2024
2023 WISCONSIN ACT 195
AN ACT to amend 450.11 (1); and to create 118.2915 and 448.03 (2) (qm) of the statutes; relating to: the supply
and use of short−acting bronchodilators on school premises or at a school−sponsored event.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 118.2915 of the statutes is created to read:
118.2915 Asthma in schools; use of short−acting
bronchodilators. (1) DEFINITIONS. In this section:
(a) “Advanced practice nurse prescriber” means an
advanced practice nurse who is certified under s. 441.16.
(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.
(c) “Designated school personnel” means employ-
ees, 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).
(d) “Pharmacist” has the meaning given in s. 450.01
(15).
(e) “Physician” means a person licensed to practice
medicine and surgery under ch. 448.
(f) “Physician assistant” means a person licensed
under s. 448.974.
(g) “School” means a public, private, or tribal school.
(h) “Self−administer” means to administer a short−
acting bronchodilator to one’s own body.
(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 pre-
measured single dose of albuterol or albuterol sulfate
delivered by a nebulizer or by a pressurized metered−
dose inhaler.
(2) SCHOOL PLAN. (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 pre-
scriber, or a physician assistant.
(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.
(3) PRESCRIPTIONS AND SUPPLY. (a) A physician, an
advanced practice nurse prescriber, or a physician assist-
ant may provide a prescription or standing order for a
short−acting bronchodilator or components in the name
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 195 2023 Assembly Bill 914
of a school that has adopted a plan under sub. (2) (a) to
be maintained by the school for use under sub. (4).
(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.
(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 com-
ponents and may acquire and maintain, in accordance
with the manufacturer’s instructions, a supply of short−
acting bronchodilators and components.
(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:
(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.
(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.
(c) In accordance with a prescription or standing
order from a physician, an advanced practice nurse pre-
scriber, or a physician assistant, administer a short−act-
ing 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.
(5) INDEPENDENT AUTHORITY. (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).
(b) The authority to administer a short−acting bron-
chodilator 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.
(6) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM
PRACTICE OF MEDICINE. (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 prac-
tice nurse prescriber, unless the injury is the result of an
act or omission that constitutes gross negligence or will-
ful or wanton misconduct:
1. A school, its school nurse, and its designated
school personnel.
2. A physician, advanced practice nurse prescriber,
or physician assistant who provides a prescription or
standing order for a short−acting bronchodilator or com-
ponents to a school under sub. (3) (a).
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).
(b) The immunity from liability provided under this
subsection is in addition to and not in lieu of that provided
under s. 895.48.
(7) HEALTH CARE PROFESSIONALS. Nothing in this sec-
tion 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.
SECTION 2. 448.03 (2) (qm) of the statutes is created
to read:
448.03 (2) (qm) The administration of a short−acting
bronchodilator in accordance with s. 118.2915.
SECTION 3. 450.11 (1) of the statutes is amended to
read:
450.11 (1) DISPENSING. Except as provided in sub.
(1i) (b) 2., no person may dispense any prescribed drug
or device except upon the prescription order of a practi-
tioner. All prescription orders shall, except as provided
in sub. (1a), specify the date of issue, the name and
address of the practitioner, the name and quantity of the
drug product or device prescribed, directions for the use
of the drug product or device, the symptom or purpose for
which the drug is being prescribed if required under sub.
(4) (a) 8., and, if the order is written by the practitioner,
the signature of the practitioner. Except as provided in ss.
118.2915 (3) (a), 118.2925 (3), 255.07 (2), 441.18 (2) (a)
1., 448.035 (2), 448.037 (2) (a) 1., 448.9725 (2), and
448.9727 (2) (a) 1. and except for standing orders issued
under s. 441.18 (2) (a) 2., 448.037 (2) (a) 2., or 448.9727
(2) (a) 2., all prescription orders shall also specify the
name and address of the patient. A prescription order
issued under s. 118.2915 (3) (a) or 118.2925 (3) shall
specify the name and address of the school. A prescrip-
tion order issued under s. 255.07 (2) shall specify the
name and address of the authorized entity or authorized
individual. Any oral prescription order shall be immedi-
ately reduced to writing by the pharmacist and filed
according to sub. (2).