Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB854 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 854
5	5	December 26, 2023 - Introduced by Senators JAMES, L. JOHNSON, LARSON and
6	6	TAYLOR, cosponsored by Representatives SNYDER, BALDEH, BEHNKE, GUNDRUM,
7	7	MURPHY, O'CONNOR, OHNSTAD, ORTIZ-VELEZ, PALMERI, ROZAR, SINICKI, SPIROS,
8	8	STUBBS, SUBECK, TITTL and VANDERMEER. Referred to Committee on
9	9	Education.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 450.11 (1); and to create 118.2915 and 448.03 (2) (qm) of the
12	12	statutes; relating to: the supply and use of short-acting bronchodilators on
13	13	school premises or at a school-sponsored event.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill allows the governing body of a public, private, or tribal school to adopt
16	16	a plan for the management of pupils who have asthma. The plan must be approved
17	17	by a physician, an advanced practice nurse prescriber, or a physician assistant.
18	18	Under the bill, physicians, advanced practice nurse prescribers, and physician
19	19	assistants may provide prescriptions and standing orders for short-acting
20	20	bronchodilators or components to schools that adopt a plan. The governing body of
21	21	a school that adopts a plan and has a valid prescription or standing order may accept
22	22	donated short-acting bronchodilators or components if they are unopened and
23	23	unexpired and meet certain other requirements.
24	24	The governing body of a school that adopts a plan may authorize a school nurse,
25	25	or designated school personnel who have received training specified in the school's
26	26	plan, to do any of the following on school premises or at a school-sponsored activity:
27	27	1. Provide a short-acting bronchodilator to a pupil to self-administer in
28	28	accordance with a prescription specific to the pupil that is on file.
29	29	2. Administer a short-acting bronchodilator to a pupil in accordance with a
30	30	prescription specific to the pupil that is on file.
31	31	3. Administer a short-acting bronchodilator to a pupil or other person who the
32	32	school nurse or designated personnel believes is experiencing respiratory distress,
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36	36	KMS:emw
37	37	SENATE BILL 854
38	38	regardless of whether the pupil or other person has a prescription for a short-acting
39	39	bronchodilator.
40	40	The bill grants immunity from civil liability for injuries resulting from the
41	41	administration or self-administration of a short-acting bronchodilator 1) to a school
42	42	and designated school personnel; 2) to a physician, an advanced practice nurse
43	43	prescriber, or a physician assistant who provides a prescription or standing order to
44	44	a school for a short-acting bronchodilator; and 3) to a physician, an advanced
45	45	practice nurse prescriber, a physician assistant, or a pharmacist who dispenses a
46	46	short-acting bronchodilator to a school.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 118.2915 of the statutes is created to read:
50	50	118.2915 Asthma in schools; use of short-acting bronchodilators. (1)
51	51	DEFINITIONS. In this section:
52	52	(a) “Advanced practice nurse prescriber” means an advanced practice nurse
53	53	who is certified under s. 441.16.
54	54	(b) “Asthma" means a chronic inflammatory disease of the airways,
55	55	characterized by airway obstruction, which is at least partially reversible and which
56	56	manifests as increased bronchial responsiveness to a variety of stimuli.
57	57	(c) “Designated school personnel” means employees, agents, or volunteers of a
58	58	school, designated by the governing body of the school, who have completed the
59	59	training specified in the plan adopted by the governing body of the school under sub.
60	60	(2) (a).
61	61	(d) “Pharmacist” has the meaning given in s. 450.01 (15).
62	62	(e) “Physician” means a person licensed to practice medicine and surgery under
63	63	ch. 448.
64	64	(f) “Physician assistant” means a person licensed under s. 448.974.
65	65	(g) “School" means a public, private, or tribal school.
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85	85	SECTION 1
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87	87	(h) “Self-administer” means to administer a short-acting bronchodilator to
88	88	one's own body.
89	89	(i) “Short-acting bronchodilator” means any beta-2 agonist, such as albuterol,
90	90	used for the quick relief of asthma symptoms. “Short-acting bronchodilator”
91	91	includes an orally inhaled medication that contains a premeasured single dose of
92	92	albuterol or albuterol sulfate delivered by a nebulizer or by a pressurized
93	93	metered-dose inhaler.
94	94	(2) SCHOOL PLAN. (a) The governing body of a school may adopt a plan for the
95	95	management of pupils attending the school who have asthma. If the governing body
96	96	of a school adopts a plan under this paragraph, it shall specify in the plan the training
97	97	necessary to perform the activities under sub. (4). The governing body of a school
98	98	may not adopt a plan under this paragraph unless the plan has been approved by a
99	99	physician, an advanced practice nurse prescriber, or a physician assistant.
100	100	(b) The governing body of a school that has adopted a plan under par. (a) shall
101	101	make the plan available on the governing body's website or the website of each school
102	102	under its jurisdiction or, if such a website does not exist, give a copy of the plan to any
103	103	person upon request.
104	104	(3) PRESCRIPTIONS AND SUPPLY. (a) A physician, an advanced practice nurse
105	105	prescriber, or a physician assistant may provide a prescription or standing order for
106	106	a short-acting bronchodilator or components in the name of a school that has
107	107	adopted a plan under sub. (2) (a) to be maintained by the school for use under sub.
108	108	(4).
109	109	(b) The governing body of a school that has a valid prescription under par. (a)
110	110	may accept as a donation a short-acting bronchodilator or components if the donated
111	111	short-acting bronchodilator or components are new , unexpired,
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138	138	SECTION 1 SENATE BILL 854
139	139	manufacturer-sealed, not subject to recall, unadulterated, and in compliance with
140	140	regulations promulgated by the federal food and drug administration.
141	141	(c) The governing body of a school that has adopted a plan under sub. (2) (a) may
142	142	obtain a prescription or standing order for a short-acting bronchodilator or
143	143	components and may acquire and maintain, in accordance with the manufacturer's
144	144	instructions, a supply of short-acting bronchodilators and components.
145	145	(4) USE OF BRONCHODILATORS. The governing body of a school that has adopted
146	146	a plan under sub. (2) (a) may authorize a school nurse or designated school personnel
147	147	to do any of the following on school premises or at a school-sponsored activity:
148	148	(a) Provide a short-acting bronchodilator to a pupil to self-administer the
149	149	short-acting bronchodilator in accordance with a prescription specific to the pupil
150	150	that is on file with the school.
151	151	(b) Administer a short-acting bronchodilator to a pupil in accordance with a
152	152	prescription specific to the pupil that is on file with the school.
153	153	(c) In accordance with a prescription or standing order from a physician, an
154	154	advanced practice nurse prescriber, or a physician assistant, administer a
155	155	short-acting bronchodilator to a pupil or other person who the school nurse or
156	156	designated school personnel believes in good faith is experiencing respiratory
157	157	distress, regardless of whether the pupil or other person has a prescription for a
158	158	short-acting bronchodilator.
159	159	(5) INDEPENDENT AUTHORITY. (a) The authority to self-administer a
160	160	short-acting bronchodilator under sub. (4) (a) is independent of the authorized
161	161	possession and use of a metered-dose inhaler or dry-powder inhaler under s. 118.291
162	162	(1r).
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189	189	SECTION 1
190	190	SENATE BILL 854
191	191	(b) The authority to administer a short-acting bronchodilator under sub. (4)
192	192	(b) and (c) is independent of the authority to administer a metered-dose inhaler or
193	193	dry-powder inhaler under s. 118.29 (2) (a) 2.
194	194	(6) IMMUNITY FROM CIVIL LIABILITY; EXEMPTION FROM PRACTICE OF MEDICINE. (a)
195	195	None of the following are liable for any injury that results from the administration
196	196	or self-administration of a short-acting bronchodilator under this section,
197	197	regardless of whether authorization was given by the pupil's parent or guardian or
198	198	by the pupil's physician, physician assistant, or advanced practice nurse prescriber,
199	199	unless the injury is the result of an act or omission that constitutes gross negligence
200	200	or willful or wanton misconduct:
201	201	1. A school, its school nurse, and its designated school personnel.
202	202	2. A physician, advanced practice nurse prescriber, or physician assistant who
203	203	provides a prescription or standing order for a short-acting bronchodilator or
204	204	components to a school under sub. (3) (a).
205	205	3. A physician, advanced practice nurse prescriber, physician assistant, or
206	206	pharmacist who dispenses a short-acting bronchodilator or components to a school
207	207	in accordance with a prescription or standing order under sub. (3) (a).
208	208	(b) The immunity from liability provided under this subsection is in addition
209	209	to and not in lieu of that provided under s. 895.48.
210	210	(7) HEALTH CARE PROFESSIONALS. Nothing in this section prohibits a health care
211	211	professional, as defined in s. 118.29 (1) (c), from acting within the scope of practice
212	212	of the health care professional's license, certificate, permit, or registration.
213	213	SECTION 2. 448.03 (2) (qm) of the statutes is created to read:
214	214	448.03 (2) (qm) The administration of a short-acting bronchodilator in
215	215	accordance with s. 118.2915.
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242	242	SECTION 3 SENATE BILL 854
243	243	SECTION 3. 450.11 (1) of the statutes is amended to read:
244	244	450.11 (1) DISPENSING. Except as provided in sub. (1i) (b) 2., no person may
245	245	dispense any prescribed drug or device except upon the prescription order of a
246	246	practitioner. All prescription orders shall, except as provided in sub. (1a), specify the
247	247	date of issue, the name and address of the practitioner, the name and quantity of the
248	248	drug product or device prescribed, directions for the use of the drug product or device,
249	249	the symptom or purpose for which the drug is being prescribed if required under sub.
250	250	(4) (a) 8., and, if the order is written by the practitioner, the signature of the
251	251	practitioner. Except as provided in ss. 118.2915 (3) (a), 118.2925 (3), 255.07 (2),
252	252	441.18 (2) (a) 1., 448.035 (2), 448.037 (2) (a) 1., 448.9725 (2), and 448.9727 (2) (a) 1.
253	253	and except for standing orders issued under s. 441.18 (2) (a) 2., 448.037 (2) (a) 2., or
254	254	448.9727 (2) (a) 2., all prescription orders shall also specify the name and address of
255	255	the patient. A prescription order issued under s. 118.2915 (3) (a) or 118.2925 (3) shall
256	256	specify the name and address of the school. A prescription order issued under s.
257	257	255.07 (2) shall specify the name and address of the authorized entity or authorized
258	258	individual. Any oral prescription order shall be immediately reduced to writing by
259	259	the pharmacist and filed according to sub. (2).
260	260	(END)
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