Chapter 256

256.35(7)(a) (a) All of the following shall not be liable to any person who uses an emergency number system created under this section or makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in sub. (3m) (a) 7., 2015 stats.:

256.35(7)(a)1. 1. A telecommunications utility.

256.35(7)(a)2. 2. A wireless provider, as defined in s. 256.35 (3m) (a) 6., 2015 stats.

256.35(7)(a)3. 3. A local government, as defined in s. 256.35 (3m) (a) 4., 2015 stats.

256.35(7)(a)4. 4. A person that supplies any service, product, equipment, or database, including any related emergency notification service or process, that is used for or in conjunction with the installation, implementation, operation, or maintenance of the emergency number system and that is used by a public safety answering point.

256.35(7)(bm) (bm) Any public safety answering point or dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation is immune from civil liability for any outcomes resulting from the administration of cardiopulmonary resuscitation or failure to administer cardiopulmonary resuscitation if all of the following conditions exist:

256.35(7)(bm)1. 1. The dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation has been trained in accordance with the standards under sub. (2m) (b).

256.35(7)(bm)2. 2. The dispatcher provides telephonic assistance on administering cardiopulmonary resuscitation by doing any of the following:

256.35(7)(bm)2.a. a. Using an evidence-based protocol or script as described under sub. (2m) (b) 1.

256.35(7)(bm)2.b. b. Transferring the caller to a dedicated telephone line, a telephone center, or another public safety answering point as described under sub. (2m) (b) 2.

256.35(7)(bm)3. 3. The injury claimed is not the result of an act or omission that constitutes gross negligence or willful or wanton misconduct by the dispatcher or public safety answering point.

256.35(9) (9) Joint powers agreement.

256.35(9)(a) (a) In implementing a basic or sophisticated system under this section, public agencies combined under sub. (2) (d) shall annually enter into a joint powers agreement. The agreement shall be applicable on a daily basis and shall provide that if an emergency services vehicle is dispatched in response to a request through the basic or sophisticated system established under this section, such vehicle shall render its services to the persons needing the services regardless of whether the vehicle is operating outside the vehicle’s normal jurisdictional boundaries.

256.35(9)(b) (b) Public agencies and public safety agencies which have contiguous or overlapping boundaries and which have established separate basic or sophisticated systems under this section shall annually enter into the agreement required under par. (a).

256.35(9)(c) (c) Each public agency or public safety agency shall cause a copy of the annual agreement required by pars. (a) and (b) to be filed with the department of justice. If a public agency or public safety agency fails to enter into such agreement or to file copies thereof, the department of justice shall commence judicial proceedings to enforce compliance with this subsection.

256.35(10) (10) Penalties.

256.35(10)(a) (a) Any person who intentionally dials the telephone number “911” to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $100 nor more than $600 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.

256.35(10)(b) (b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined not more than $10,000 for each occurrence.

256.35(11) (11) Plans. Every public agency establishing a basic or sophisticated system under this section shall submit tentative plans for the establishment of the system as required under this section to every local exchange telecommunications utility providing service within the respective boundaries of such public agency. The public agency shall submit final plans for the establishment of the system to the telecommunications utility and shall provide for the implementation of the plans.

256.35 History History: 1977 c. 392; 1979 c. 34, 361; 1981 c. 20 s. 2202 (1) (b); 1981 c. 383; 1983 a. 27; 1983 a. 53 s. 114; 1983 a. 189 s. 329 (31); 1985 a. 29, 120; 1985 a. 297 ss. 12, 76; 1985 a. 332; 1987 a. 27, 403; 1989 a. 31; 1991 a. 39, 267; 1993 a. 16, 388, 496; 1997 a. 218, 283; 1999 a. 185; 2001 a. 109; 2003 a. 48, 320; 2005 a. 25; 2007 a. 130 ss. 160 to 165; Stats. 2007 s. 256.35; 2009 a. 28; 2009 a. 180 s. 126; 2011 a. 32, 275; 2017 a. 59; 2017 a. 207 s. 5; 2017 a. 296; 2019 a. 26; 2021 a. 238 ss. 25, 45; 2021 a. 261; 2023 a. 12, 222.

256.35 Cross-reference Cross-reference: See also ch. PSC 173, Wis. adm. code.

256.40 256.40 Opioid antagonists.

256.40(1) (1) In this section:

256.40(1)(a) (a) “Fire fighter” means any person employed by the state or any political subdivision as a member or officer of a fire department or a member of a volunteer fire department, including the state fire marshal and deputies.

256.40(1)(b) (b) “Law enforcement agency” means an agency of a federally recognized Indian tribe or band or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.

256.40(1)(c) (c) “Law enforcement officer” means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.

256.40(1)(d) (d) “Opioid-related drug overdose” means a condition including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.

256.40(2) (2) 

256.40(2)(a) (a) Subject to par. (b), the department shall permit all emergency medical services practitioners to administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose.

256.40(2)(b) (b) The department shall require emergency medical services practitioners to undergo any training necessary to safely and properly administer naloxone or another opioid antagonist as specified under par. (a).

256.40(2)(c) (c) Every ambulance service provider shall do all of the following:

256.40(2)(c)1. 1. Ensure that every emergency medical services practitioner under the ambulance service provider’s supervision who has obtained the training necessary to safely and properly administer naloxone or another opioid antagonist has a supply of naloxone or the other opioid antagonist available for administration when he or she is performing his or her duties as an emergency medical services practitioner, to the extent that naloxone or the other opioid antagonist is available to the ambulance service provider.

256.40(2)(c)2. 2. Require each certified emergency medical responder and emergency medical services practitioner under the supervision of the ambulance service provider to, in the manner prescribed by the department, keep a record of each instance in which the certified emergency medical responder or emergency medical services practitioner administers naloxone or another opioid antagonist to an individual who is undergoing or who is believed to be undergoing an opioid-related drug overdose.

256.40(2)(c)3. 3. Submit records under subd. 2. to the department in the manner prescribed by the department.

256.40(3) (3) 

256.40(3)(a) (a) A law enforcement agency, county jail, or fire department may enter into a written agreement to affiliate with an ambulance service provider or a physician for all of the following purposes:

256.40(3)(a)1. 1. Obtaining a supply of naloxone or another opioid antagonist.

256.40(3)(a)2. 2. Allowing law enforcement officers, jailers or keepers of a jail or persons designated with custodial authority by the jailer or keeper, and fire fighters to obtain the training necessary to safely and properly administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose.

256.40(3)(b) (b) A law enforcement officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, or fire fighter who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers naloxone or another opioid antagonist to that person shall be immune from civil or criminal liability for any outcomes resulting from the administration of the opioid antagonist to that person, if the law enforcement officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, or fire fighter is acting pursuant to an agreement and any training obtained under par. (a).

256.40 History History: 2013 a. 200; 2017 a. 12; 2019 a. 119.