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LRBs0104/1
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2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 223
September 20, 2023 - Offered by Representative Zimmerman.
AB223-ASA1,1,4 1An Act to renumber 895.478 (2); to renumber and amend 895.478 (3) and
2895.478 (4); and to create 895.478 (1) (title), 895.478 (3m) and 895.478 (2)
3(title) of the statutes; relating to: immunity from liability for administering an
4opioid antagonist.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB223-ASA1,1 5Section 1. 895.478 (1) (title) of the statutes is created to read:
AB223-ASA1,1,66 895.478 (1) (title) Definitions.
AB223-ASA1,2 7Section 2. 895.478 (2) (title) of the statutes is created to read:
AB223-ASA1,1,88 895.478 (2) (title) Residence hall directors.
AB223-ASA1,3 9Section 3. 895.478 (2) of the statutes is renumbered 895.478 (2) (am).
AB223-ASA1,4 10Section 4. 895.478 (3) of the statutes is renumbered 895.478 (2) (bm) and
11amended to read:
AB223-ASA1,2,5
1895.478 (2) (bm) A residence hall director is immune from civil liability for his
2or her acts or omissions in administering an opioid antagonist under sub. (2) par.
3(am)
unless the act or omission constitutes a high degree of negligence. This
4subsection paragraph does not apply to a residence hall director who is a health care
5professional.
AB223-ASA1,5 6Section 5. 895.478 (3m) of the statutes is created to read:
AB223-ASA1,2,167 895.478 (3m) Elementary and secondary schools. An elementary or
8secondary school and its designated school personnel, and a physician, advanced
9practice nurse prescriber, or physician assistant who provides or administers an
10opioid antagonist, are not liable for any injury that results from the opioid
11antagonist, regardless of whether authorization was given by the pupil's parent or
12guardian or by the pupil's physician, advanced practice nurse prescriber, or
13physician assistant, unless the injury is the result of an act or omission that
14constitutes gross negligence or willful or wanton misconduct. The immunity from
15liability provided under this subsection is in addition to and not in lieu of that
16provided under s. 895.48.
AB223-ASA1,6 17Section 6. 895.478 (4) of the statutes is renumbered 895.478 (2) (cm) and
18amended to read:
AB223-ASA1,2,2219 895.478 (2) (cm) An employer specified in sub. (1) (f) 1., 2., or 3. who approves
20training required under sub. (2) (a) par. (am) 1. for the administration of opioid
21antagonists by a residence hall director is immune from civil liability for the act of
22approval unless it constitutes a high degree of negligence.
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