Wisconsin School’s Medication Law

WISCONSIN 118.291 Asthmatic pupils; possession and use of inhalers. (1g) In this section: (a) “Asthma” means a chronic inflammatory disease of the airways, characterized by airway obstruction, which is at least partially reversible and which manifests as increased bronchial responsiveness to a variety of stimuli. (b) “School” includes a public, private, and tribal school. (1r) While in school, at a school-sponsored activity or under the supervision of a school authority, an asthmatic pupil may possess and use a metered dose inhaler or dry powder inhaler if all of the following are true: (a) The pupil uses the inhaler before exercise to prevent the onset of asthmatic symptoms or uses the inhaler to alleviate asthmatic symptoms. (b) The pupil has the written approval of the pupil’s physician and, if the pupil is a minor, the written approval of the pupil’s parent or guardian. (c) The pupil has provided the school principal with a copy of the approval or approvals under par. (b). (2) (a) No school district, school board or school district employee is civilly liable for injury to a pupil caused by a school district employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had been satisfied. (b) No private school or private school employee is civilly liable for injury to a pupil caused by a private school employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had been satisfied. (c) No tribal school or tribal school employee is civilly liable for injury to a pupil caused by a tribal school employee who prohibits a pupil from using an inhaler because of the employee’s good faith belief that the requirements of sub. (1r) had not been satisfied or who allows a pupil to use an inhaler because of the employee’s good faith belief that the requirements ofsub. (1r) had been satisfied. History: 1997 a. 77; 2005 a. 398; 2009 a. 302. 118.292 Possession and use of epinephrine auto-injectors. (1g) In this section: (a) “Emergency situation” means a situation in which a pupil reasonably believes that he or she is experiencing a severe allergic reaction, including anaphylaxis, that requires the administration of epinephrine to avoid severe injury or death. (b) “Epinephrine auto-injector” means a device used for the automatic injection of epinephrine into the human body to prevent or treat a life-threatening allergic reaction. (c) “School” includes a public, private, and tribal school. (1r) While in school, at a school-sponsored activity or under the supervision of a school authority, a pupil may possess and use an epinephrine auto-injector if all of the following are true: (a) The pupil uses the epinephrine auto-injector to prevent the onset or alleviate the symptoms of an emergency situation. (b) The pupil has the written approval of the pupil’s physician and, if the pupil is a minor, the written approval of the pupil’s parent or guardian. (c) The pupil has provided the school principal with a copy of the approval or approvals under par. (b). (2) No school board, school district, private school, or tribal school, or any employee of the foregoing, is civilly liable for an injury incurred by any of the following: (a) A pupil as a result of using an epinephrine auto-injector under sub. (1r). (b) Any person as a result of a pupil possessing or using an epinephrine auto-injector under sub. (1r). History: 2011 a. 85.