895.478 Civil liability exemption; opioid antagonists.

611 words·~3 min read·/wi/chapter-895/895-478

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

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

(a).

(b)“Health care professional” has the meaning given in s. 118.29

(c).

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

(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

(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)Residence hall directors.

(am)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:

1. The residence hall director has received training on the administration of opioid antagonists that is approved by his or her employer specified in sub.

(f)1. , 2. , or 3.

2. 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.

(bm)A residence hall director is immune from civil liability for his or her acts or omissions in administering an opioid antagonist under par.

(am)unless the act or omission constitutes a high degree of negligence. This paragraph does not apply to a residence hall director who is a health care professional.

(cm)An employer specified in sub.

(f)1. , 2. , or 3. who approves training required under par.

(am)1. 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.

(3m)Elementary and secondary schools. An elementary or secondary school and its designated school personnel, and a physician, advanced practice registered nurse, or physician assistant who provides or administers an opioid antagonist, are not liable for any injury that results from the opioid antagonist, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s physician, advanced practice registered nurse, or physician assistant, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48 .

Effective date note NOTE: Sub.

(3m)is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text

(3m)Elementary and secondary schools. An elementary or secondary school and its designated school personnel, and a physician, advanced practice nurse prescriber, or physician assistant who provides or administers an opioid antagonist, are not liable for any injury that results from the opioid antagonist, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s physician, advanced practice nurse prescriber, or physician assistant, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48.