2021 Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.478 - Civil liability exemption; opioid antagonists.

895.478 Civil liability exemption; opioid antagonists.

(1) In this section:

(a) “Administer” has the meaning given in s. 118.29 (1) (a).

(b) “Health care professional" has the meaning given in s. 118.29 (1) (c).

(c) “High degree of negligence" has the meaning given in s. 118.29 (1) (d).

(d) “Opioid antagonist” has the meaning given in s. 450.01 (13v).

(e) “Opioid-related drug overdose” has the meaning given in s. 256.40 (1) (d).

(f) “Residence hall director” means the individual employed by any of the following to reside at a residence hall for students and oversee the management and operation of the hall:

1. The University of Wisconsin System.

2. A technical college district.

3. The governing body of a private nonprofit institution of higher education located in this state.

(2) Notwithstanding chs. 441, 447, 448, and 450, a residence hall director may administer an opioid antagonist to any student or other person who appears to be undergoing an opioid-related drug overdose if all of the following are satisfied:

(a) The residence hall director has received training on the administration of opioid antagonists that is approved by his or her employer specified in sub. (1) (f) 1., 2., or 3.

(b) As soon as practicable after administering the opioid antagonist, the residence hall director reports the drug overdose by dialing the telephone number “911" or, in an area in which the telephone number “911" is not available, the telephone number for an emergency medical service provider.

(3) A residence hall director is immune from civil liability for his or her acts or omissions in administering an opioid antagonist under sub. (2) unless the act or omission constitutes a high degree of negligence. This subsection does not apply to a residence hall director who is a health care professional.

(4) An employer specified in sub. (1) (f) 1., 2., or 3. who approves training required under sub. (2) (a) for the administration of opioid antagonists by a residence hall director is immune from civil liability for the act of approval unless it constitutes a high degree of negligence.

History: 2017 a. 29.