Wis. Stat. § 118.2915 — WI Code / Chapter 118 / Section 118.2915
Section 118.2915
Status: in_force

(3) Prescriptions and supply.

(a) A physician, an advanced practice registered nurse, or a physician assistant may provide a prescription or standing order for a short-acting bronchodilator or components 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) .

(b) The governing body of a school that has a valid prescription under par. (a) may accept as a donation a short-acting bronchodilator or components if the donated short-acting bronchodilator or components are new, unexpired, manufacturer-sealed, not subject to recall, unadulterated, and in compliance with regulations promulgated by the federal food and drug administration.

(c) The governing body of a school that has adopted a plan under sub. (2) (a) may obtain a prescription or standing order for a short-acting bronchodilator or components and may acquire and maintain, in accordance with the manufacturer’s instructions, a supply of short-acting bronchodilators and components.

(4) Use of bronchodilators. The governing body of a school that has adopted a plan under sub. (2) (a) may authorize a school nurse or designated school personnel to do any of the following on school premises or at a school-sponsored activity:

(a) Provide a short-acting bronchodilator to a pupil to self-administer the short-acting bronchodilator in accordance with a prescription specific to the pupil that is on file with the school.

(b) Administer a short-acting bronchodilator to a pupil in accordance with a prescription specific to the pupil that is on file with the school.

(c) In accordance with a prescription or standing order from a physician, an advanced practice registered nurse, or a physician assistant, administer a short-acting bronchodilator to a pupil or other person who the school nurse or designated school personnel believes in good faith is experiencing respiratory distress, regardless of whether the pupil or other person has a prescription for a short-acting bronchodilator.

(5) Independent authority.

(a) The authority to self-administer a short-acting bronchodilator under sub. (4) (a) is independent of the authorized possession and use of a metered-dose inhaler or dry-powder inhaler under s. 118.291 (1r) .

(b) The authority to administer a short-acting bronchodilator under sub. (4) (b) and (c) is independent of the authority to administer a metered-dose inhaler or dry-powder inhaler under s. 118.29 (2) (a) 2.

(6) Immunity from civil liability; exemption from practice of medicine.

(a) None of the following are liable for any injury that results from the administration or self-administration of a short-acting bronchodilator 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 registered nurse, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct:

1. A school, its school nurse, and its designated school personnel.

2. A physician, advanced practice registered nurse, or physician assistant who provides a prescription or standing order for a short-acting bronchodilator or components to a school under sub. (3) (a) .

3. A physician, advanced practice registered nurse, physician assistant, or pharmacist who dispenses a short-acting bronchodilator or components to a school in accordance with a prescription or standing order under sub. (3) (a) .

(b) The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48 .

(7) Health care professionals. Nothing in this section prohibits a health care professional, as defined in s. 118.29 (1) (c) , from acting within the scope of practice of the health care professional’s license, certificate, permit, or registration.

History: 2023 a. 195 ; 2025 a. 17 .