Wisconsin Statutes 118.292 – Possession and use of epinephrine
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 118.292
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(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.
(bm) “Prefilled syringe” means a device that is approved by the federal food and drug administration, that contains a dose of epinephrine, and that is used for the manual 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 or prefilled syringe if all of the following are true:
(a) The pupil uses the epinephrine auto-injector or prefilled syringe 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 or prefilled syringe under sub. (1r).
(b) Any person as a result of a pupil possessing or using an epinephrine auto-injector or prefilled syringe under sub. (1r).