The updated law will allow schools in Wisconsin to stock epinephrine nasal sprays and sublingual forms of epinephrine once they are FDA-approved.

Wisconsin state capital with vibrant sky colors

August 16, 2023

Wisconsin Gov. Tony Evers has signed into law a measure that expands the availability of epinephrine – and who can administer it – in schools and other public spaces.

The new law revises an existing stock epinephrine law first adopted in 2017. It allows schools to stock all forms of pre-measured “epinephrine delivery systems” as long as they are approved by the U.S. Food and Drug Administration (FDA). These systems include auto-injectors as well as new nasal sprays and under-the-tongue tablets once they are FDA-approved. Epinephrine is used to treat anaphylaxis, a severe allergic reaction.

Allergy & Asthma Network Director of Advocacy Charmayne Anderson played a key role in rallying support for the legislation. Over the last year, Charmayne worked closely with the staff of Wisconsin state Sen. Andre Jacque and Assemblymember Shae Sortwell to prepare the legislation. The measure emphasizes the need for stock epinephrine programs in schools and other public spaces to reflect all FDA-approved methods to treat anaphylaxis.

The Wisconsin law can serve as a model for other states to pass similar updates to their stock epinephrine laws.

The legislation has been referred to as “Dillon’s Law 3.0” in Wisconsin. It is the third time the state has revised the law. The legislation is named after 18-year-old Dillon Mueller, who passed away in 2014. Dillon was stung by a bee and had a severe allergic reaction. Epinephrine was not immediately available and first responders arrived without epinephrine in the First Aid kit.

The law also allows epinephrine to be issued in the name of any “authorized entity.” These entities are public spaces and include:

  • Colleges and universities
  • Recreational and educational camps
  • Day care facilities
  • Youth sports leagues
  • Amusement parks

Finally, the law allows Wisconsin pharmacists to dispense epinephrine without a patient-specific prescription. This means any trained person can use or administer epinephrine without their own prescription.

Efforts are underway to get similar legislation passed on the federal level. In June 2023, Rep. Glenn Grothman (R-WI) and Debbie Dingell (D-MI) introduced Dillon’s Law in Congress. Dingell serves as Allergy & Asthma Network’s co-chair of the Congressional Asthma & Allergy Caucus.

Take action – contact your representatives in Congress and urge them to support this legislation.

Allergy & Asthma Network encourages other states to adopt legislation similar to Wisconsin’s Dillon’s Law. Your advocacy is important in this effort. Reach out to your state legislators and ask them to consider expanding access to stock epinephrine.

Find out how to become an advocate and make a difference in your community.