Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB914 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Assembly Bill 914 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to amend 450.11 (1); and to create 118.2915 and 448.03 (2) (qm) of the statutes; relating to: the supply
5		-	and use of short−acting bronchodilators on school premises or at a school−sponsored event.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 118.2915 of the statutes is created to read:
9		-	118.2915 Asthma in schools; use of short−acting
10		-	bronchodilators. (1) DEFINITIONS. In this section:
11		-	(a) “Advanced practice nurse prescriber” means an
12		-	advanced practice nurse who is certified under s. 441.16.
13		-	(b) “Asthma” means a chronic inflammatory disease
14		-	of the airways, characterized by airway obstruction,
15		-	which is at least partially reversible and which manifests
16		-	as increased bronchial responsiveness to a variety of
17		-	stimuli.
18		-	(c) “Designated school personnel” means employ-
19		-	ees, agents, or volunteers of a school, designated by the
20		-	governing body of the school, who have completed the
21		-	training specified in the plan adopted by the governing
22		-	body of the school under sub. (2) (a).
23		-	(d) “Pharmacist” has the meaning given in s. 450.01
24		-	(15).
25		-	(e) “Physician” means a person licensed to practice
26		-	medicine and surgery under ch. 448.
27		-	(f) “Physician assistant” means a person licensed
28		-	under s. 448.974.
29		-	(g) “School” means a public, private, or tribal school.
30		-	(h) “Self−administer” means to administer a short−
31		-	acting bronchodilator to one’s own body.
32		-	(i) “Short−acting bronchodilator” means any beta−2
33		-	agonist, such as albuterol, used for the quick relief of
34		-	asthma symptoms. “Short−acting bronchodilator”
35		-	includes an orally inhaled medication that contains a pre-
36		-	measured single dose of albuterol or albuterol sulfate
37		-	delivered by a nebulizer or by a pressurized metered−
38		-	dose inhaler.
39		-	(2) SCHOOL PLAN. (a) The governing body of a school
40		-	may adopt a plan for the management of pupils attending
41		-	the school who have asthma. If the governing body of a
42		-	school adopts a plan under this paragraph, it shall specify
43		-	in the plan the training necessary to perform the activities
44		-	under sub. (4). The governing body of a school may not
45		-	adopt a plan under this paragraph unless the plan has been
46		-	approved by a physician, an advanced practice nurse pre-
47		-	scriber, or a physician assistant.
48		-	(b) The governing body of a school that has adopted
49		-	a plan under par. (a) shall make the plan available on the
50		-	governing body’s website or the website of each school
51		-	under its jurisdiction or, if such a website does not exist,
52		-	give a copy of the plan to any person upon request.
53		-	(3) PRESCRIPTIONS AND SUPPLY. (a) A physician, an
54		-	advanced practice nurse prescriber, or a physician assist-
55		-	ant may provide a prescription or standing order for a
56		-	short−acting bronchodilator or components in the name
57		-	* 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
58		-	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 2023 Assembly Bill 914
59		-	of a school that has adopted a plan under sub. (2) (a) to
60		-	be maintained by the school for use under sub. (4).
61		-	(b) The governing body of a school that has a valid
62		-	prescription under par. (a) may accept as a donation a
63		-	short−acting bronchodilator or components if the
64		-	donated short−acting bronchodilator or components are
65		-	new, unexpired, manufacturer−sealed, not subject to
66		-	recall, unadulterated, and in compliance with regulations
67		-	promulgated by the federal food and drug administration.
68		-	(c) The governing body of a school that has adopted
69		-	a plan under sub. (2) (a) may obtain a prescription or
70		-	standing order for a short−acting bronchodilator or com-
71		-	ponents and may acquire and maintain, in accordance
72		-	with the manufacturer’s instructions, a supply of short−
73		-	acting bronchodilators and components.
74		-	(4) USE OF BRONCHODILATORS. The governing body
75		-	of a school that has adopted a plan under sub. (2) (a) may
76		-	authorize a school nurse or designated school personnel
77		-	to do any of the following on school premises or at a
78		-	school−sponsored activity:
79		-	(a) Provide a short−acting bronchodilator to a pupil
80		-	to self−administer the short−acting bronchodilator in
81		-	accordance with a prescription specific to the pupil that
82		-	is on file with the school.
83		-	(b) Administer a short−acting bronchodilator to a
84		-	pupil in accordance with a prescription specific to the
85		-	pupil that is on file with the school.
86		-	(c) In accordance with a prescription or standing
87		-	order from a physician, an advanced practice nurse pre-
88		-	scriber, or a physician assistant, administer a short−act-
89		-	ing bronchodilator to a pupil or other person who the
90		-	school nurse or designated school personnel believes in
91		-	good faith is experiencing respiratory distress, regardless
92		-	of whether the pupil or other person has a prescription for
93		-	a short−acting bronchodilator.
94		-	(5) INDEPENDENT AUTHORITY. (a) The authority to
95		-	self−administer a short−acting bronchodilator under sub.
96		-	(4) (a) is independent of the authorized possession and
97		-	use of a metered−dose inhaler or dry−powder inhaler
98		-	under s. 118.291 (1r).
99		-	(b) The authority to administer a short−acting bron-
100		-	chodilator under sub. (4) (b) and (c) is independent of the
101		-	authority to administer a metered−dose inhaler or dry−
102		-	powder inhaler under s. 118.29 (2) (a) 2.
103		-	(6) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM
104		-	PRACTICE OF MEDICINE. (a) None of the following are
105		-	liable for any injury that results from the administration
106		-	or self−administration of a short−acting bronchodilator
107		-	under this section, regardless of whether authorization
108		-	was given by the pupil’s parent or guardian or by the
109		-	pupil’s physician, physician assistant, or advanced prac-
110		-	tice nurse prescriber, unless the injury is the result of an
111		-	act or omission that constitutes gross negligence or will-
112		-	ful or wanton misconduct:
113		-	1. A school, its school nurse, and its designated
114		-	school personnel.
115		-	2. A physician, advanced practice nurse prescriber,
116		-	or physician assistant who provides a prescription or
117		-	standing order for a short−acting bronchodilator or com-
118		-	ponents to a school under sub. (3) (a).
119		-	3. A physician, advanced practice nurse prescriber,
120		-	physician assistant, or pharmacist who dispenses a short−
121		-	acting bronchodilator or components to a school in
122		-	accordance with a prescription or standing order under
123		-	sub. (3) (a).
124		-	(b) The immunity from liability provided under this
125		-	subsection is in addition to and not in lieu of that provided
126		-	under s. 895.48.
127		-	(7) HEALTH CARE PROFESSIONALS. Nothing in this sec-
128		-	tion prohibits a health care professional, as defined in s.
129		-	118.29 (1) (c), from acting within the scope of practice of
130		-	the health care professional’s license, certificate, permit,
131		-	or registration.
132		-	SECTION 2. 448.03 (2) (qm) of the statutes is created
133		-	to read:
134		-	448.03 (2) (qm) The administration of a short−acting
135		-	bronchodilator in accordance with s. 118.2915.
136		-	SECTION 3. 450.11 (1) of the statutes is amended to
137		-	read:
138		-	450.11 (1) DISPENSING. Except as provided in sub.
139		-	(1i) (b) 2., no person may dispense any prescribed drug
140		-	or device except upon the prescription order of a practi-
141		-	tioner. All prescription orders shall, except as provided
142		-	in sub. (1a), specify the date of issue, the name and
143		-	address of the practitioner, the name and quantity of the
144		-	drug product or device prescribed, directions for the use
145		-	of the drug product or device, the symptom or purpose for
146		-	which the drug is being prescribed if required under sub.
147		-	(4) (a) 8., and, if the order is written by the practitioner,
148		-	the signature of the practitioner. Except as provided in ss.
149		-	118.2915 (3) (a), 118.2925 (3), 255.07 (2), 441.18 (2) (a)
150		-	1., 448.035 (2), 448.037 (2) (a) 1., 448.9725 (2), and
151		-	448.9727 (2) (a) 1. and except for standing orders issued
152		-	under s. 441.18 (2) (a) 2., 448.037 (2) (a) 2., or 448.9727
153		-	(2) (a) 2., all prescription orders shall also specify the
154		-	name and address of the patient. A prescription order
155		-	issued under s. 118.2915 (3) (a) or 118.2925 (3) shall
156		-	specify the name and address of the school. A prescrip-
157		-	tion order issued under s. 255.07 (2) shall specify the
158		-	name and address of the authorized entity or authorized
159		-	individual. Any oral prescription order shall be immedi-
160		-	ately reduced to writing by the pharmacist and filed
161		-	according to sub. (2).
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 914
	5	+	January 4, 2024 - Introduced by Representatives SNYDER, BEHNKE, BALDEH,
	6	+	GUNDRUM, MURPHY, O'CONNOR, OHNSTAD, ORTIZ-VELEZ, PALMERI, ROZAR,
	7	+	SINICKI, SPIROS, STUBBS, SUBECK, TITTL and VANDERMEER, cosponsored by
	8	+	Senators JAMES, L. JOHNSON, LARSON and TAYLOR. Referred to Committee on
	9	+	Health, Aging and Long-Term Care.
	10	+	*AUTHORS SUBJECT TO CHANGE*
	11	+	AN ACT to amend 450.11 (1); and to create 118.2915 and 448.03 (2) (qm) of the
	12	+	statutes; relating to: the supply and use of short-acting bronchodilators on
	13	+	school premises or at a school-sponsored event.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	This bill allows the governing body of a public, private, or tribal school to adopt
	16	+	a plan for the management of pupils who have asthma. The plan must be approved
	17	+	by a physician, an advanced practice nurse prescriber, or a physician assistant.
	18	+	Under the bill, physicians, advanced practice nurse prescribers, and physician
	19	+	assistants may provide prescriptions and standing orders for short-acting
	20	+	bronchodilators or components to schools that adopt a plan. The governing body of
	21	+	a school that adopts a plan and has a valid prescription or standing order may accept
	22	+	donated short-acting bronchodilators or components if they are unopened and
	23	+	unexpired and meet certain other requirements.
	24	+	The governing body of a school that adopts a plan may authorize a school nurse,
	25	+	or designated school personnel who have received training specified in the school's
	26	+	plan, to do any of the following on school premises or at a school-sponsored activity:
	27	+	1. Provide a short-acting bronchodilator to a pupil to self-administer in
	28	+	accordance with a prescription specific to the pupil that is on file.
	29	+	2. Administer a short-acting bronchodilator to a pupil in accordance with a
	30	+	prescription specific to the pupil that is on file.
	31	+	3. Administer a short-acting bronchodilator to a pupil or other person who the
	32	+	school nurse or designated personnel believes is experiencing respiratory distress,
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	38	+	regardless of whether the pupil or other person has a prescription for a short-acting
	39	+	bronchodilator.
	40	+	The bill grants immunity from civil liability for injuries resulting from the
	41	+	administration or self-administration of a short-acting bronchodilator 1) to a school
	42	+	and designated school personnel; 2) to a physician, an advanced practice nurse
	43	+	prescriber, or a physician assistant who provides a prescription or standing order to
	44	+	a school for a short-acting bronchodilator; and 3) to a physician, an advanced
	45	+	practice nurse prescriber, a physician assistant, or a pharmacist who dispenses a
	46	+	short-acting bronchodilator to a school.
	47	+	The people of the state of Wisconsin, represented in senate and assembly, do
	48	+	enact as follows:
	49	+	SECTION 1. 118.2915 of the statutes is created to read:
	50	+	118.2915 Asthma in schools; use of short-acting bronchodilators. (1)
	51	+	DEFINITIONS. In this section:
	52	+	(a) “Advanced practice nurse prescriber” means an advanced practice nurse
	53	+	who is certified under s. 441.16.
	54	+	(b) “Asthma" means a chronic inflammatory disease of the airways,
	55	+	characterized by airway obstruction, which is at least partially reversible and which
	56	+	manifests as increased bronchial responsiveness to a variety of stimuli.
	57	+	(c) “Designated school personnel” means employees, agents, or volunteers of a
	58	+	school, designated by the governing body of the school, who have completed the
	59	+	training specified in the plan adopted by the governing body of the school under sub.
	60	+	(2) (a).
	61	+	(d) “Pharmacist” has the meaning given in s. 450.01 (15).
	62	+	(e) “Physician” means a person licensed to practice medicine and surgery under
	63	+	ch. 448.
	64	+	(f) “Physician assistant” means a person licensed under s. 448.974.
	65	+	(g) “School" means a public, private, or tribal school.
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	87	+	(h) “Self-administer” means to administer a short-acting bronchodilator to
	88	+	one's own body.
	89	+	(i) “Short-acting bronchodilator” means any beta-2 agonist, such as albuterol,
	90	+	used for the quick relief of asthma symptoms. “Short-acting bronchodilator”
	91	+	includes an orally inhaled medication that contains a premeasured single dose of
	92	+	albuterol or albuterol sulfate delivered by a nebulizer or by a pressurized
	93	+	metered-dose inhaler.
	94	+	(2) SCHOOL PLAN. (a) The governing body of a school may adopt a plan for the
	95	+	management of pupils attending the school who have asthma. If the governing body
	96	+	of a school adopts a plan under this paragraph, it shall specify in the plan the training
	97	+	necessary to perform the activities under sub. (4). The governing body of a school
	98	+	may not adopt a plan under this paragraph unless the plan has been approved by a
	99	+	physician, an advanced practice nurse prescriber, or a physician assistant.
	100	+	(b) The governing body of a school that has adopted a plan under par. (a) shall
	101	+	make the plan available on the governing body's website or the website of each school
	102	+	under its jurisdiction or, if such a website does not exist, give a copy of the plan to any
	103	+	person upon request.
	104	+	(3) PRESCRIPTIONS AND SUPPLY. (a) A physician, an advanced practice nurse
	105	+	prescriber, or a physician assistant may provide a prescription or standing order for
	106	+	a short-acting bronchodilator or components in the name of a school that has
	107	+	adopted a plan under sub. (2) (a) to be maintained by the school for use under sub.
	108	+	(4).
	109	+	(b) The governing body of a school that has a valid prescription under par. (a)
	110	+	may accept as a donation a short-acting bronchodilator or components if the donated
	111	+	short-acting bronchodilator or components are new , unexpired,
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	139	+	manufacturer-sealed, not subject to recall, unadulterated, and in compliance with
	140	+	regulations promulgated by the federal food and drug administration.
	141	+	(c) The governing body of a school that has adopted a plan under sub. (2) (a) may
	142	+	obtain a prescription or standing order for a short-acting bronchodilator or
	143	+	components and may acquire and maintain, in accordance with the manufacturer's
	144	+	instructions, a supply of short-acting bronchodilators and components.
	145	+	(4) USE OF BRONCHODILATORS. The governing body of a school that has adopted
	146	+	a plan under sub. (2) (a) may authorize a school nurse or designated school personnel
	147	+	to do any of the following on school premises or at a school-sponsored activity:
	148	+	(a) Provide a short-acting bronchodilator to a pupil to self-administer the
	149	+	short-acting bronchodilator in accordance with a prescription specific to the pupil
	150	+	that is on file with the school.
	151	+	(b) Administer a short-acting bronchodilator to a pupil in accordance with a
	152	+	prescription specific to the pupil that is on file with the school.
	153	+	(c) In accordance with a prescription or standing order from a physician, an
	154	+	advanced practice nurse prescriber, or a physician assistant, administer a
	155	+	short-acting bronchodilator to a pupil or other person who the school nurse or
	156	+	designated school personnel believes in good faith is experiencing respiratory
	157	+	distress, regardless of whether the pupil or other person has a prescription for a
	158	+	short-acting bronchodilator.
	159	+	(5) INDEPENDENT AUTHORITY. (a) The authority to self-administer a
	160	+	short-acting bronchodilator under sub. (4) (a) is independent of the authorized
	161	+	possession and use of a metered-dose inhaler or dry-powder inhaler under s. 118.291
	162	+	(1r).
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	191	+	(b) The authority to administer a short-acting bronchodilator under sub. (4)
	192	+	(b) and (c) is independent of the authority to administer a metered-dose inhaler or
	193	+	dry-powder inhaler under s. 118.29 (2) (a) 2.
	194	+	(6) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM PRACTICE OF MEDICINE. (a)
	195	+	None of the following are liable for any injury that results from the administration
	196	+	or self-administration of a short-acting bronchodilator under this section,
	197	+	regardless of whether authorization was given by the pupil's parent or guardian or
	198	+	by the pupil's physician, physician assistant, or advanced practice nurse prescriber,
	199	+	unless the injury is the result of an act or omission that constitutes gross negligence
	200	+	or willful or wanton misconduct:
	201	+	1. A school, its school nurse, and its designated school personnel.
	202	+	2. A physician, advanced practice nurse prescriber, or physician assistant who
	203	+	provides a prescription or standing order for a short-acting bronchodilator or
	204	+	components to a school under sub. (3) (a).
	205	+	3. A physician, advanced practice nurse prescriber, physician assistant, or
	206	+	pharmacist who dispenses a short-acting bronchodilator or components to a school
	207	+	in accordance with a prescription or standing order under sub. (3) (a).
	208	+	(b) The immunity from liability provided under this subsection is in addition
	209	+	to and not in lieu of that provided under s. 895.48.
	210	+	(7) HEALTH CARE PROFESSIONALS. Nothing in this section prohibits a health care
	211	+	professional, as defined in s. 118.29 (1) (c), from acting within the scope of practice
	212	+	of the health care professional's license, certificate, permit, or registration.
	213	+	SECTION 2. 448.03 (2) (qm) of the statutes is created to read:
	214	+	448.03 (2) (qm) The administration of a short-acting bronchodilator in
	215	+	accordance with s. 118.2915.
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	243	+	SECTION 3. 450.11 (1) of the statutes is amended to read:
	244	+	450.11 (1) DISPENSING. Except as provided in sub. (1i) (b) 2., no person may
	245	+	dispense any prescribed drug or device except upon the prescription order of a
	246	+	practitioner. All prescription orders shall, except as provided in sub. (1a), specify the
	247	+	date of issue, the name and address of the practitioner, the name and quantity of the
	248	+	drug product or device prescribed, directions for the use of the drug product or device,
	249	+	the symptom or purpose for which the drug is being prescribed if required under sub.
	250	+	(4) (a) 8., and, if the order is written by the practitioner, the signature of the
	251	+	practitioner. Except as provided in ss. 118.2915 (3) (a), 118.2925 (3), 255.07 (2),
	252	+	441.18 (2) (a) 1., 448.035 (2), 448.037 (2) (a) 1., 448.9725 (2), and 448.9727 (2) (a) 1.
	253	+	and except for standing orders issued under s. 441.18 (2) (a) 2., 448.037 (2) (a) 2., or
	254	+	448.9727 (2) (a) 2., all prescription orders shall also specify the name and address of
	255	+	the patient. A prescription order issued under s. 118.2915 (3) (a) or 118.2925 (3) shall
	256	+	specify the name and address of the school. A prescription order issued under s.
	257	+	255.07 (2) shall specify the name and address of the authorized entity or authorized
	258	+	individual. Any oral prescription order shall be immediately reduced to writing by
	259	+	the pharmacist and filed according to sub. (2).
	260	+	(END)
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