Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB942 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 942
5	5	January 12, 2024 - Introduced by Representatives PALMERI, BALDEH, CONLEY,
6	6	CONSIDINE, DRAKE, JOERS, O'CONNOR, RATCLIFF, SINICKI, SNODGRASS, SUBECK,
7	7	ORTIZ-VELEZ and OHNSTAD, cosponsored by Senator FEYEN. Referred to
8	8	Committee on Health, Aging and Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber 50.035 (1); and to create 50.034 (3) (f), 50.034 (3) (g), 50.034
11	11	(3) (h), 50.034 (3m), 50.035 (1) (b), 50.035 (1m), 50.035 (7), 50.035 (8), 50.04 (2)
12	12	(e), 50.04 (2k), 50.04 (2m), 50.15, 50.921, 50.922 and 50.935 of the statutes;
13	13	relating to: fall prevention and recovery training, CPR and first aid
14	14	certification, a duty to provide aid in certain residential facilities and hospices,
15	15	and granting rule-making authority.
16	16	Analysis by the Legislative Reference Bureau
17	17	Under this bill, the Department of Health Services must develop or identify fall
18	18	prevention and recovery training programs for certain employees, as specified by
19	19	DHS, and for patients and residents of residential care apartment complexes,
20	20	community-based residential facilities, nursing homes, and hospices. Residential
21	21	care apartment complexes, community-based residential facilities, nursing homes,
22	22	and hospices must administer the fall prevention and recovery trainings to any
23	23	employees that are required by DHS to receive the training and to patients and
24	24	residents of the facilities.
25	25	In addition, under the bill, residential care apartment complexes,
26	26	community-based residential facilities, nursing homes, and hospices must have at
27	27	least one employee with current certification in CPR, at least one employee with
28	28	current certification in first aid, and at least one employee who has received fall
29	29	prevention and recovery training available on the premises at all times a resident
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37	37	ASSEMBLY BILL 942
38	38	or patient is present in the residential care apartment complex, community-based
39	39	residential facility, nursing home, or hospice. The bill also imposes a duty upon
40	40	residential care apartment complexes, community-based residential facilities,
41	41	nursing homes, and hospices to administer CPR and first aid to patients and
42	42	residents and to make an attempt to lift patients and residents who have fallen,
43	43	appear to be uninjured, and cannot recover on their own. The bill exempts
44	44	individuals and residential care apartment complexes, community-based
45	45	residential facilities, nursing homes, and hospices from liability for civil damages for
46	46	any act or omission of an individual administering CPR or first aid to a patient or
47	47	resident or attempting to lift a fallen patient or resident if certain requirements are
48	48	met.
49	49	For further information see the state fiscal estimate, which will be printed as
50	50	an appendix to this bill.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 50.034 (3) (f) of the statutes is created to read:
54	54	50.034 (3) (f) Administer the training program under s. 50.15 (2) (a) to each
55	55	employee of the residential care apartment complex who is required under s. 50.15
56	56	(2) (b) to receive the training.
57	57	SECTION 2. 50.034 (3) (g) of the statutes is created to read:
58	58	50.034 (3) (g) Administer the training program under s. 50.15 (3) to each
59	59	resident of the residential care apartment complex within 30 days after the resident
60	60	moves in to the residential care apartment complex.
61	61	SECTION 3. 50.034 (3) (h) of the statutes is created to read:
62	62	50.034 (3) (h) At all times during which a resident is present in the residential
63	63	care apartment complex, have available on the premises at least one employee with
64	64	current certification in cardiopulmonary resuscitation, at least one employee with
65	65	current certification in first aid, and at least one employee who has received training
66	66	in fall prevention, fall recovery, and proper techniques for lifting and moving
67	67	residents.
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85	85	SECTION 4
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87	87	SECTION 4. 50.034 (3m) of the statutes is created to read:
88	88	50.034 (3m) DUTY TO ADMINISTER AID. (a) Subject to any known declaration or
89	89	do-not-resuscitate order under ch. 154, a residential care apartment complex has
90	90	a duty to do all of the following:
91	91	1. Administer cardiopulmonary resuscitation before the arrival of emergency
92	92	medical services to a resident who is nonresponsive or has a cessation of normal
93	93	respiration. The cardiopulmonary resuscitation shall be administered by or under
94	94	the direction of an individual who is certified in cardiopulmonary resuscitation and
95	95	shall be performed in accordance with that individual' s cardiopulmonary
96	96	resuscitation certification training.
97	97	2. Administer first aid before the arrival of emergency medical services to a
98	98	resident who is in distress. The first aid shall be administered by or under the
99	99	direction of an individual who is certified in first aid and shall be performed in
100	100	accordance with that individual's first aid certification training.
101	101	3. Make an attempt before the arrival of emergency medical services to lift a
102	102	resident who has fallen, appears to be uninjured, and is unable to reasonably recover
103	103	independently. The lift shall be attempted by or under the direction of an individual
104	104	who has received training in first aid or in fall prevention, fall recovery, and proper
105	105	techniques for lifting and moving residents and shall be performed in accordance
106	106	with that individual's training.
107	107	(b) A residential care apartment complex may not have, establish, or
108	108	implement a policy that prevents an individual from providing appropriate
109	109	cardiopulmonary resuscitation or first aid or attempting to lift a fallen resident who
110	110	appears to be uninjured.
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137	137	(c) A residential care apartment complex or an individual that administers
138	138	cardiopulmonary resuscitation or first aid as provided in par. (a) 1. or 2. is not liable
139	139	for any civil damages as the result of any act or omission by the individual
140	140	administering the cardiopulmonary resuscitation or first aid, unless the individual
141	141	did not act in good faith or acted with gross negligence while administering the
142	142	cardiopulmonary resuscitation or first aid.
143	143	(d) A residential care apartment complex or an individual that attempts to lift
144	144	a fallen resident as provided in par. (a) 3. is not liable for any civil damages as the
145	145	result of any act or omission by the individual attempting the lift, unless the
146	146	individual acted with gross negligence while attempting the lift, if any of the
147	147	following are true:
148	148	1. The individual attempted the lift at the direction of a dispatcher from a
149	149	public safety answering point, as defined in s. 256.35 (1) (gm).
150	150	2. The individual attempted the lift to prevent further imminent and serious
151	151	injury to the fallen resident.
152	152	3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
153	153	requested assistance.
154	154	SECTION 5. 50.035 (1) of the statutes is renumbered 50.035 (1) (a).
155	155	SECTION 6. 50.035 (1) (b) of the statutes is created to read:
156	156	50.035 (1) (b) Each community-based residential facility shall administer the
157	157	training program under s. 50.15 (2) (a) to each employee of the community-based
158	158	residential facility who is required under s. 50.15 (2) (b) to receive the training.
159	159	SECTION 7. 50.035 (1m) of the statutes is created to read:
160	160	50.035 (1m) RESIDENT FALL PREVENTION TRAINING. Each community-based
161	161	residential facility shall administer the training program under s 50.15 (3) to each
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189	189	SECTION 7
190	190	ASSEMBLY BILL 942
191	191	resident of the community-based residential facility within 30 days after the
192	192	resident moves in to the community-based residential facility.
193	193	SECTION 8. 50.035 (7) of the statutes is created to read:
194	194	50.035 (7) CPR AND FIRST AID CERTIFICATION. At all times during which a
195	195	resident is present in a community-based residential facility, the community-based
196	196	residential facility shall have available on the premises at least one employee with
197	197	current certification in cardiopulmonary resuscitation, at least one employee with
198	198	current certification in first aid, and at least one employee who has received training
199	199	in fall prevention, fall recovery, and proper techniques for lifting and moving
200	200	residents.
201	201	SECTION 9. 50.035 (8) of the statutes is created to read:
202	202	50.035 (8) DUTY TO ADMINISTER AID. (a) Subject to any known declaration or
203	203	do-not-resuscitate order under ch. 154, a community-based residential facility has
204	204	a duty to do all of the following:
205	205	1. Administer cardiopulmonary resuscitation before the arrival of emergency
206	206	medical services to a resident who is nonresponsive or has a cessation of normal
207	207	respiration. The cardiopulmonary resuscitation shall be administered by or under
208	208	the direction of an individual who is certified in cardiopulmonary resuscitation and
209	209	shall be performed in accordance with that individual' s cardiopulmonary
210	210	resuscitation certification training.
211	211	2. Administer first aid before the arrival of emergency medical services to a
212	212	resident who is in distress. The first aid shall be administered by or under the
213	213	direction of an individual who is certified in first aid and shall be performed in
214	214	accordance with that individual's first aid certification training.
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240	240	SECTION 9 ASSEMBLY BILL 942
241	241	3. Make an attempt before the arrival of emergency medical services to lift a
242	242	resident who has fallen, appears to be uninjured, and is unable to reasonably recover
243	243	independently. The lift shall be attempted by or under the direction of an individual
244	244	who has received training in first aid or in fall prevention, fall recovery, and proper
245	245	techniques for lifting and moving residents and shall be performed in accordance
246	246	with that individual's training.
247	247	(b) A community-based residential facility may not have, establish, or
248	248	implement a policy that prevents an individual from providing appropriate
249	249	cardiopulmonary resuscitation or first aid or attempted to lift a fallen resident who
250	250	appears to be uninjured.
251	251	(c) A community-based residential facility or an individual that administers
252	252	cardiopulmonary resuscitation or first aid as provided in par. (a) 1. or 2. is not liable
253	253	for any civil damages as the result of any act or omission by the individual
254	254	administering the cardiopulmonary resuscitation or first aid, unless the individual
255	255	did not act in good faith or acted with gross negligence while administering the
256	256	cardiopulmonary resuscitation or first aid.
257	257	(d) A community-based residential facility or an individual that attempts to
258	258	lift a fallen resident as provided in par. (a) 3. is not liable for any civil damages as the
259	259	result of any act or omission by the individual attempting the lift, unless the
260	260	individual acted with gross negligence while attempting the lift, if any of the
261	261	following are true:
262	262	1. The individual attempted the lift at the direction of a dispatcher from a
263	263	public safety answering point, as defined in s. 256.35 (1) (gm).
264	264	2. The individual attempted the lift to prevent further imminent and serious
265	265	injury to the fallen resident.
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295	295	3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
296	296	requested assistance.
297	297	SECTION 10. 50.04 (2) (e) of the statutes is created to read:
298	298	50.04 (2) (e) At all times during which a resident is present in a nursing home,
299	299	the nursing home shall have available on the premises at least one employee with
300	300	current certification in cardiopulmonary resuscitation, at least one employee with
301	301	current certification in first aid, and at least one employee who has received training
302	302	in fall prevention, fall recovery, and proper techniques for lifting and moving
303	303	residents.
304	304	SECTION 11. 50.04 (2k) of the statutes is created to read:
305	305	50.04 (2k) DUTY TO ADMINISTER AID. (a) Subject to any known declaration or
306	306	do-not-resuscitate order under ch. 154, a nursing home has a duty to do all of the
307	307	following:
308	308	1. Administer cardiopulmonary resuscitation before the arrival of emergency
309	309	medical services to a resident who is nonresponsive or has a cessation of normal
310	310	respiration. The cardiopulmonary resuscitation shall be administered by or under
311	311	the direction of an individual who is certified in cardiopulmonary resuscitation and
312	312	shall be performed in accordance with that individual' s cardiopulmonary
313	313	resuscitation certification training.
314	314	2. Administer first aid before the arrival of emergency medical services to a
315	315	resident who is in distress. The first aid shall be administered by or under the
316	316	direction of an individual who is certified in first aid and shall be performed in
317	317	accordance with that individual's first aid certification training.
318	318	3. Make an attempt before the arrival of emergency medical services to lift a
319	319	resident who has fallen, appears to be uninjured, and is unable to reasonably recover
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346	346	SECTION 11 ASSEMBLY BILL 942
347	347	independently. The lift shall be attempted by or under the direction of an individual
348	348	who has received training in first aid or in fall prevention, fall recovery, and proper
349	349	techniques for lifting and moving residents and shall be performed in accordance
350	350	with that individual's training.
351	351	(b) A nursing home may not have, establish, or implement a policy that
352	352	prevents an individual from providing appropriate cardiopulmonary resuscitation or
353	353	first aid or attempting to lift a fallen resident who appears to be uninjured.
354	354	(c) A nursing home or an individual that administers cardiopulmonary
355	355	resuscitation or first aid as provided in par. (a) 1. or 2. is not liable for any civil
356	356	damages as the result of any act or omission by the individual administering the
357	357	cardiopulmonary resuscitation or first aid, unless the individual did not act in good
358	358	faith or acted with gross negligence while administering the cardiopulmonary
359	359	resuscitation or first aid.
360	360	(d) A nursing home or an individual that attempted to lift a fallen resident as
361	361	provided in par. (a) 3. is not liable for any civil damages as the result of any act or
362	362	omission by the individual attempting the lift, unless the individual acted with gross
363	363	negligence while attempting the lift, if any of the following are true:
364	364	1. The individual attempted the lift at the direction of a dispatcher from a
365	365	public safety answering point, as defined in s. 256.35 (1) (gm).
366	366	2. The individual attempted the lift to prevent further imminent and serious
367	367	injury to the fallen resident.
368	368	3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
369	369	requested assistance.
370	370	SECTION 12. 50.04 (2m) of the statutes is created to read:
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397	397	SECTION 12
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399	399	50.04 (2m) FALL PREVENTION AND RECOVERY TRAINING PROGRAM. (a) Each nursing
400	400	home shall administer the training program under s. 50.15 (2) (a) to each employee
401	401	of the nursing home who is required under s. 50.15 (2) (b) to receive the training.
402	402	(b) Each nursing home shall administer the training under s. 50.15 (3) to each
403	403	resident of the nursing home within 30 days after the resident moves in to the
404	404	nursing home.
405	405	SECTION 13. 50.15 of the statutes is created to read:
406	406	50.15 Fall prevention and recovery. (1) DEFINITION. In this section,
407	407	“hospice” has the meaning given in s. 50.90 (1).
408	408	(2) EMPLOYEE TRAINING PROGRAM. (a) The department shall develop or identify
409	409	an evidence-based training program for employees of residential care apartment
410	410	complexes, community-based residential facilities, nursing homes, and hospices
411	411	that can be administered uniformly for each employee identified under par. (b) and
412	412	contains instruction on fall prevention, fall recovery, and proper techniques for
413	413	lifting and moving patients or residents. The training program under this paragraph
414	414	shall consist of an initial training and ongoing competency trainings.
415	415	(b) The department shall, by rule, identify the types of employees of residential
416	416	care apartment complexes, community-based residential facilities, nursing homes,
417	417	and hospices who are required to receive the training under par. (a).
418	418	(3) PATIENT OR RESIDENT TRAINING PROGRAM. The department shall develop or
419	419	identify a training program for patients and residents of residential care apartment
420	420	complexes, community-based residential facilities, nursing homes, and hospices
421	421	that contains instruction on fall prevention and fall recovery.
422	422	SECTION 14. 50.921 of the statutes is created to read:
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448	448	SECTION 14 ASSEMBLY BILL 942
449	449	50.921 Fall prevention and recovery training. (1) Each hospice shall
450	450	administer the training program under s. 50.15 (2) (a) to each employee of the hospice
451	451	who is required under s. 50.15 (2) (b) to receive the training.
452	452	(2) Each hospice shall administer the training under s. 50.15 (3) to each patient
453	453	of the hospice within 30 days after the patient moves in to the hospice.
454	454	SECTION 15. 50.922 of the statutes is created to read:
455	455	50.922 Staffing requirements. At all times during which a patient is present
456	456	in a hospice, the hospice shall have available on the premises at least one employee
457	457	with current certification in cardiopulmonary resuscitation, at least one employee
458	458	with current certification in first aid, and at least one employee who has received
459	459	training in first aid or in fall prevention, fall recovery, and proper techniques for
460	460	lifting and moving patients.
461	461	SECTION 16. 50.935 of the statutes is created to read:
462	462	50.935 Duty to administer aid. (1) Subject to any known declaration or
463	463	do-not-resuscitate order under ch. 154, a hospice has a duty to do all of the following:
464	464	(a) Administer cardiopulmonary resuscitation before the arrival of emergency
465	465	medical services to a patient who is nonresponsive or has a cessation of normal
466	466	respiration. The cardiopulmonary resuscitation shall be administered by or under
467	467	the direction of an individual who is certified in cardiopulmonary resuscitation and
468	468	shall be performed in accordance with that individual' s cardiopulmonary
469	469	resuscitation certification training.
470	470	(b) Administer first aid before the arrival of emergency medical services to a
471	471	patient who is in distress. The first aid shall be administered by or under the
472	472	direction of an individual who is certified in first aid and shall be performed in
473	473	accordance with that individual's first aid certification training.
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503	503	(c) Make an attempt before the arrival of emergency medical services to lift a
504	504	patient who has fallen, appears to be uninjured, and is unable to reasonably recover
505	505	independently. The lift shall be attempted by or under the direction of an individual
506	506	who has received training in first aid or in fall prevention, fall recovery, and proper
507	507	techniques for lifting and moving patients and shall be performed in accordance with
508	508	that individual's training.
509	509	(2) A hospice may not have, establish, or implement a policy that prevents an
510	510	individual from providing appropriate cardiopulmonary resuscitation or first aid or
511	511	attempted to lift a fallen patient who appears to be uninjured.
512	512	(3) A hospice or an individual that administers cardiopulmonary resuscitation
513	513	or first aid as provided in sub. (1) (a) or (b) is not liable for any civil damages as the
514	514	result of any act or omission by the individual administering the cardiopulmonary
515	515	resuscitation or first aid, unless the individual did not act in good faith or acted with
516	516	gross negligence while administering the cardiopulmonary resuscitation or first aid.
517	517	(4) A hospice or an individual that attempts to lift a fallen patient as provided
518	518	in sub. (1) (c) is not liable for any civil damages as the result of any act or omission
519	519	by the individual attempting the lift, unless the individual acted with gross
520	520	negligence while attempting the lift, if any of the following are true:
521	521	(a) The individual attempted the lift at the direction of a dispatcher from a
522	522	public safety answering point, as defined in s. 256.35 (1) (gm).
523	523	(b) The individual attempted the lift to prevent further imminent and serious
524	524	injury to the fallen patient.
525	525	(c) The fallen patient appeared to be uninjured, asserted a lack of injury, and
526	526	requested assistance.
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552	552	SECTION 17 ASSEMBLY BILL 942
553	553	SECTION 17.0Effective dates. This act takes effect on the first day of the 13th
554	554	month after publication, except as follows:
555	555	(1) The treatment of s. 50.15 takes effect on the day after publication.
556	556	(END)
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