Legal Question in Business Law in Wisconsin

I believe that epi pens (pre-packaged epinephrine injections for anaphylactic shock reactions from bee stings, etc., see http://en.wikipedia.org/wiki/Anaphylaxis ) are prescription medications, technically making it illegal to transfer them to anyone else who does not have a prescription. However, if someone on premises has such a prescription, it is certainly legal for them to possess one. Certain emergency personal are also licensed to possess and administer them, so if the restaurant has either these persons on premises, the pens can legally be possessed. Epi pens are a strong and potentially dangerous medication preparations which are always best administered only by professionals. However, in a true emergency where it becomes obvious that the ambulance will not arrive on time, saving someone from death evokes a higher law than any law of man, and a restaurant operator might therefore make a good faith decision to disobey the law and hope for the best. There are also various good Samaritan statutes which protect first responders in true emergencies.

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