Wisconsin Legislative Council
ACT MEMO
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Prepared by: Kelly McGraw, Staff Attorney April 10, 2024
2023 Wisconsin Act 195
[2023 Assembly Bill 914]
Short-Acting Bronchodilators at
School
2023 WISCONSIN ACT 195
2023 Wisconsin Act 195 authorizes a public, private, or tribal school to obtain and provide or
administer a short-acting bronchodilator to a student with a prescription or a person in respiratory
distress. Specifically, the governing body of a school that has adopted a school plan may authorize a
school nurse or designated school personnel to do any of the following on school premises or at a
school-sponsored activity:
Provide a short-acting bronchodilator to a student to self-administer in accordance with a
prescription specific to the student that is on file with the school.
Administer a short-acting bronchodilator to a student in accordance with a prescription specific to
the student that is on file with the school.
Administer a short-acting bronchodilator to a student or other person who the school nurse or
designated school personnel believes in good faith is experiencing respiratory distress, in
accordance with a prescription or standing order, regardless of whether the student or other person
has a prescription for a short-acting bronchodilator.
School Plan
The governing body of a school may adopt a plan for the management of students attending the school
who have asthma. If the governing body of a school adopts a plan, it must specify in the plan the
training necessary to provide or administer a short-acting bronchodilator. However, the governing body
of a school may not adopt a plan unless the plan has been approved by a physician, an advanced
practice nurse prescriber, or a physician assistant. Additionally, the governing body of a school must
make the plan available on certain websites or give a copy of the plan to any person upon request.
Prescriptions and Supply
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 with a school
plan. The governing body of a school with a school plan may obtain a prescription or standing order for
a short-acting bronchodilator or components and may acquire and maintain a supply of short-acting
bronchodilators and components. Additionally, the governing body of a school that has a valid
prescription may accept as a donation a short-acting bronchodilator or components if the short-acting
bronchodilator or components meet certain requirements. - 2 -
Immunity From Civil Liability
None of the following are liable for any injury that results from the administration or self-
administration of a short-acting bronchodilator, unless the injury is the result of an act or omission that
constitutes gross negligence or willful or wanton misconduct:
A school, school nurse, and designated school personnel.
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.
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.
Effective date: March 24, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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