Date of enactment: August 4, 2023
2023 Senate Bill 7 Date of publication*: August 5, 2023
2023 WISCONSIN ACT 27
AN ACT to repeal 118.29 (1) (bm), 118.292 (1g) (b), 118.292 (1g) (bm), 118.2925 (1) (d), 118.2925 (1) (fm), 255.07
(1) (c) and 255.07 (1) (e); to amend 118.29 (2) (a) 2m., 118.292 (1r) (intro.), 118.292 (1r) (a), 118.292 (2) (a), 118.292
(2) (b), 118.2925 (1) (h), 118.2925 (3), 118.2925 (4) (a), (b) and (c), 118.2925 (4m) (a), 118.2925 (4m) (b), 118.2925
(5), 255.07 (2) (a), 255.07 (2) (b), 255.07 (3), 255.07 (4), 255.07 (5) (a) 2., 255.07 (5) (a) 3., 255.07 (6) (a) (intro.),
255.07 (6) (a) 1., 2. and 3., 255.07 (6) (b), 255.07 (6) (d), 255.07 (6) (e), 255.07 (6) (f), 448.03 (2) (q) and 450.11
(4) (a) 5. d.; and to create 118.29 (1) (br), 118.292 (1g) (bg), 118.2925 (1) (dm) and 255.07 (1) (cm) of the statutes;
relating to: use of epinephrine delivery systems and standing orders for epinephrine.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 118.29 (1) (bm) of the statutes is
repealed.
SECTION 2. 118.29 (1) (br) of the statutes is created
to read:
118.29 (1) (br) “Epinephrine delivery system” means
a device that is approved by the federal food and drug
administration, that contains a premeasured dose of epi-
nephrine, and that is used to administer epinephrine into
the human body to prevent or treat a life−threatening
allergic reaction.
SECTION 3. 118.29 (2) (a) 2m. of the statutes is
amended to read:
118.29 (2) (a) 2m. Except for epinephrine adminis-
tered under subd. 2., may use an epinephrine auto−injec-
tor, or prefilled syringe, as defined in s. 118.292 (1g)
(bm), epinephrine delivery system to administer epi-
nephrine to any pupil who appears to be experiencing a
severe allergic reaction if, as soon as practicable, the
school bus operator, employee or volunteer reports the
allergic reaction by dialing the telephone number “911”
or, in an area in which the telephone number “911” is not
available, the telephone number for an emergency medi-
cal service provider.
SECTION 4. 118.292 (1g) (b) of the statutes is
repealed.
SECTION 5. 118.292 (1g) (bg) of the statutes is cre-
ated to read:
118.292 (1g) (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.
SECTION 6. 118.292 (1g) (bm) of the statutes is
repealed.
SECTION 7. 118.292 (1r) (intro.) of the statutes is
amended to read:
118.292 (1r) (intro.) While in school, at a school−
sponsored activity or under the supervision of a school
authority, a pupil may possess and use an epinephrine
* 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 27 2023 Senate Bill 7
auto−injector or prefilled syringe epinephrine delivery
system if all of the following are true:
SECTION 8. 118.292 (1r) (a) of the statutes is
amended to read:
118.292 (1r) (a) The pupil uses the epinephrine auto−
injector or prefilled syringe epinephrine delivery system
to prevent the onset or alleviate the symptoms of an emer-
gency situation.
SECTION 9. 118.292 (2) (a) of the statutes is amended
to read:
118.292 (2) (a) A pupil as a result of using an epi-
nephrine auto−injector or prefilled syringe epinephrine
delivery system under sub. (1r).
SECTION 10. 118.292 (2) (b) of the statutes is
amended to read:
118.292 (2) (b) Any person as a result of a pupil pos-
sessing or using an epinephrine auto−injector or prefilled
syringe epinephrine delivery system under sub. (1r).
SECTION 11. 118.2925 (1) (d) of the statutes is
repealed.
SECTION 12. 118.2925 (1) (dm) of the statutes is cre-
ated to read:
118.2925 (1) (dm) “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.
SECTION 13. 118.2925 (1) (fm) of the statutes is
repealed.
SECTION 14. 118.2925 (1) (h) of the statutes is
amended to read:
118.2925 (1) (h) “Self−administer” means to admin-
ister an epinephrine auto−injector or prefilled syringe
epinephrine delivery system to one’s own body.
SECTION 15. 118.2925 (3) of the statutes is amended
to read:
118.2925 (3) PRESCRIPTIONS FOR SCHOOLS. A physi-
cian, an advanced practice nurse prescriber, or a physi-
cian assistant may prescribe epinephrine auto−injectors
or prefilled syringes epinephrine delivery systems 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).
SECTION 16. 118.2925 (4) (a), (b) and (c) of the
statutes are amended to read:
118.2925 (4) (a) Provide an epinephrine auto−injec-
tor or prefilled syringe epinephrine delivery system to a
pupil to self−administer the epinephrine auto−injector or
prefilled syringe epinephrine delivery system in accord-
ance with a prescription specific to the pupil that is on file
with the school.
(b) Administer an epinephrine auto−injector or pre-
filled syringe epinephrine delivery system to a pupil in
accordance with a prescription specific to the pupil that
is on file with the school.
(c) Administer an epinephrine auto−injector or pre-
filled syringe epinephrine delivery system to a pupil or
other person who the school nurse or designated school
personnel in good faith believes is experiencing anaphy-
laxis in accordance with a standing protocol from a
physician, an advanced practice nurse prescriber, or a
physician assistant, regardless of whether the pupil or
other person has a prescription for an epinephrine auto−
injector or prefilled syringe epinephrine delivery system.
If the pupil or other person does not have a prescription
for an epinephrine auto−injector or prefilled syringe, epi-
nephrine delivery system, or the person who administers
the epinephrine auto−injector or prefilled syringe epi-
nephrine delivery system does not know whether the
pupil or other person has a prescription for an epineph-
rine auto−injector or prefilled syringe epinephrine deliv-
ery system, the person who administers the epinephrine
auto−injector or prefilled syringe epinephrine delivery
system shall, as soon as practicable, report the adminis-
tration by dialing the telephone number “911” or, in an
area in which the telephone number “911” is not avail-
able, the telephone number for an emergency medical
service provider.
SECTION 17. 118.2925 (4m) (a) of the statutes is
amended to read:
118.2925 (4m) (a) The authority to self−administer
an epinephrine auto−injector or prefilled syringe epi-
nephrine delivery system under sub. (4) (a) is indepen-
dent of the authorized possession and use of an epineph-
rine auto−injector or prefilled syringe epinephrine
delivery system under s. 118.292 (1r).
SECTION 18. 118.2925 (4m) (b) of the statutes is
amended to read:
118.2925 (4m) (b) The authority to administer an
epinephrine auto−injector or prefilled syringe epineph-
rine delivery system under sub. (4) (b) and (c) is indepen-
dent of the authority to administer an epinephrine auto−
injector epinephrine delivery system under s. 118.29 (2)
(a) 2. and 2m.
SECTION 19. 118.2925 (5) of the statutes is amended
to read:
118.2925 (5) IMMUNITY FROM CIVIL LIABILITY; EXEMP-
TION FROM PRACTICE OF MEDICINE. A school and its desig-
nated school personnel, and a physician, advanced prac-
tice nurse prescriber, or physician assistant who provides
a prescription or standing protocol for school epineph-
rine auto−injectors or prefilled syringes epinephrine
delivery systems, are not liable for any injury that results
from the administration or self−administration of an epi-
nephrine auto−injector or prefilled syringe epinephrine
delivery system 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 neg- − 3 − 2023 Wisconsin Act 27 2023 Senate Bill 7
ligence or willful or wanton misconduct. The immunity
from liability provided under this subsection is in addi-
tion to and not in lieu of that provided under s. 895.48.
SECTION 20. 255.07 (1) (c) of the statutes is repealed.
SECTION 21. 255.07 (1) (cm) of the statutes is created
to read:
255.07 (1) (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.
SECTION 22. 255.07 (1) (e) of the statutes is repealed.
SECTION 23. 255.07 (2) (a) of the statutes is amended
to read:
255.07 (2) (a) A health care practitioner may pre-
scribe an epinephrine auto−injector or prefilled syringe
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 dis-
pensing of epinephrine auto−injectors or prefilled
syringes 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).
SECTION 24. 255.07 (2) (b) of the statutes is amended
to read:
255.07 (2) (b) A health care provider with prescrib-
ing authority who is employed by or under contract with
the department may issue a statewide standing order for
the dispensing of epinephrine auto−injectors or prefilled
syringes 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).
SECTION 25. 255.07 (3) of the statutes is amended to
read:
255.07 (3) AUTHORIZED ENTITIES OR INDIVIDUALS
PERMITTED TO MAINTAIN SUPPLY. An authorized entity or
an authorized individual may acquire and maintain a sup-
ply of epinephrine auto−injectors and prefilled syringes
epinephrine delivery systems pursuant to a prescription
issued in accordance with this section. The authorized
entity or authorized individual shall store an epinephrine
auto−injector or prefilled syringe epinephrine delivery
system in a location readily accessible in an emergency
and in accordance with the epinephrine auto−injector’s or
prefilled syringe’s epinephrine delivery system’s instruc-
tions 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 epineph-
rine auto−injectors or prefilled syringes epinephrine
delivery systems acquired by the authorized entity.
SECTION 26. 255.07 (4) of the statutes is amended to
read:
255.07 (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 auto−injector or prefilled syringe
epinephrine delivery system prescribed under sub. (2) to
do any of the following:
(a) Provide one or more epinephrine auto−injectors
or prefilled syringes epinephrine delivery systems to any
individual who the employee, agent, or authorized indi-
vidual 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 auto−
injector or prefilled syringe epinephrine delivery system
or has previously been diagnosed with an allergy.
(b) Administer an epinephrine auto−injector or pre-
filled syringe epinephrine delivery system to any individ-
ual 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 auto−injector or prefilled syringe epi-
nephrine delivery system or has previously been diag-
nosed with an allergy.
SECTION 27. 255.07 (5) (a) 2. of the statutes is
amended to read:
255.07 (5) (a) 2. Standards and procedures for the
storage and administration of an epinephrine auto−injec-
tor and, if applicable, a prefilled syringe epinephrine
delivery system.
SECTION 28. 255.07 (5) (a) 3. of the statutes is
amended to read:
255.07 (5) (a) 3. Emergency follow−up procedures
after an epinephrine auto−injector or prefilled syringe
epinephrine delivery system is administered, including
the necessity of calling the telephone number “911” or
another telephone number for an emergency medical ser-
vice provider.
SECTION 29. 255.07 (6) (a) (intro.) of the statutes is
amended to read:
255.07 (6) (a) (intro.) All of the following are not
liable for any injury that results from the administration
or failure to administer an epinephrine auto−injector or
prefilled syringe 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:
SECTION 30. 255.07 (6) (a) 1., 2. and 3. of the statutes
are amended to read:
255.07 (6) (a) 1. An authorized entity or authorized
individual that possesses and makes available an epi-
nephrine auto−injector or prefilled syringe epinephrine
delivery system and employees, agents, and authorized
individuals that store, maintain, control, oversee, pro- − 4 −2023 Wisconsin Act 27 2023 Senate Bill 7
vide, or use an epinephrine auto−injector or prefilled
syringe epinephrine delivery system.
2. A health care practitioner who prescribes or dis-
penses an epinephrine auto−injector or prefilled syringe
epinephrine delivery system to an authorized entity or
authorized individual.
3. A pharmacist or other person who dispenses an
epinephrine auto−injector or prefilled syringe epineph-
rine delivery system to an authorized entity or authorized
individual.
SECTION 31. 255.07 (6) (b) of the statutes is amended
to read:
255.07 (6) (b) The use of an epinephrine auto−injec-
tor or prefilled syringe 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.
SECTION 32. 255.07 (6) (d) of the statutes is amended
to read:
255.07 (6) (d) A person is not liable for any injuries
or related damages that result from providing or adminis-
tering an epinephrine auto−injector or prefilled syringe
epinephrine delivery system outside of this state if the
person satisfies any of the following criteria:
1. The person would not have been liable for injuries
or damages if the epinephrine auto−injector or prefilled
syringe epinephrine delivery system was provided or
administered in this state.
2. The person is not liable for injuries or damages
under the law of the state in which the epinephrine auto−
injector or prefilled syringe epinephrine delivery system
was provided or administered.
SECTION 33. 255.07 (6) (e) of the statutes is amended
to read:
255.07 (6) (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
auto−injector or prefilled syringe epinephrine delivery
system.
SECTION 34. 255.07 (6) (f) of the statutes is amended
to read:
255.07 (6) (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 auto−injector or prefilled syringe epi-
nephrine delivery system, if the employer or other person
reasonably believes the individual is acting as an autho-
rized individual under this section.
SECTION 35. 448.03 (2) (q) of the statutes is amended
to read:
448.03 (2) (q) The administration of an epinephrine
auto−injector or prefilled syringe epinephrine delivery
system in accordance with s. 118.2925 or 255.07.
SECTION 36. 450.11 (4) (a) 5. d. of the statutes is
amended to read:
450.11 (4) (a) 5. d. For an epinephrine auto−injector
or prefilled syringe prescribed epinephrine delivery sys-
tem under s. 118.2925 (3) or 255.07 (2), the name of the
school, authorized entity, authorized individual, or other
person specified under s. 255.07 (3).