255.07 Life-saving allergy medication; use of epinephrine.

765 words·~3 min read·/wi/chapter-255/255-07

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Administer” means the direct application of an epinephrine delivery system to the body of an individual.

(b)“Authorized entity” means any entity or organization, other than a school described in s. 118.2925 , operating or participating in a business, activity, or event at which allergens capable of causing anaphylaxis may be present, including a recreational and educational camp, college, university, day care facility, youth sports league, amusement park, restaurant, place of employment, and sports arena.

(bg)“Authorized individual” means an individual who has successfully completed the training program under sub.

(5).

(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.

(d)“Health care practitioner” means a physician, a physician assistant, or an advanced practice registered nurse who may issue prescription orders under s. 441.09

(2).

Effective date note NOTE: Par.

(d)is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text

(d)“Health care practitioner” means a physician, a physician assistant, or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.

(2)Prescribing to an authorized entity or individual permitted.

(a)A health care practitioner may prescribe an 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 dispensing of 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).

(b)A health care provider with prescribing authority who is employed by or under contract with the department may issue a statewide standing order for the dispensing of 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).

(3)Authorized entities or individuals permitted to maintain supply. An authorized entity or an authorized individual may acquire and maintain a supply of epinephrine delivery systems pursuant to a prescription issued in accordance with this section. The authorized entity or authorized individual shall store an epinephrine delivery system in a location readily accessible in an emergency and in accordance with the epinephrine delivery system’s instructions 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 epinephrine delivery systems acquired by the authorized entity.

(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 delivery system prescribed under sub.

(2)to do any of the following:

(a)Provide one or more epinephrine delivery systems to any individual who the employee, agent, or authorized individual 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 delivery system or has previously been diagnosed with an allergy.

(b)Administer an epinephrine delivery system to any individual 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 delivery system or has previously been diagnosed with an allergy.

(5)Training.

(a)An employee or agent described in sub.

(3)or

(4)or an individual seeking to be an authorized individual shall complete an anaphylaxis training program and at least every 4 years thereafter. The employee, agent, or individual shall complete a training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an organization approved by the department. The department may approve an organization to conduct training, either online or in person, that covers, at a minimum, all of the following:

1. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.

2. Standards and procedures for the storage and administration of an epinephrine delivery system.

3. Emergency follow-up procedures after an epinephrine delivery system is administered, including the necessity of calling the telephone number “911” or another telephone number for an emergency medical service provider.