Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB884 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 SENATE BILL 884
5	5	January 5, 2024 - Introduced by Senator FEYEN, cosponsored by Representatives
6	6	PALMERI, BALDEH, CONLEY, CONSIDINE, DRAKE, JOERS, O'CONNOR, RATCLIFF,
7	7	SINICKI, SNODGRASS and SUBECK. Referred to Committee on Health.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 50.035 (1); and to create 50.034 (3) (f), 50.034 (3) (g), 50.034
10	10	(3) (h), 50.034 (3m), 50.035 (1) (b), 50.035 (1m), 50.035 (7), 50.035 (8), 50.04 (2)
11	11	(e), 50.04 (2k), 50.04 (2m), 50.15, 50.921, 50.922 and 50.935 of the statutes;
12	12	relating to: fall prevention and recovery training, CPR and first aid
13	13	certification, a duty to provide aid in certain residential facilities and hospices,
14	14	and granting rule-making authority.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under this bill, the Department of Health Services must develop or identify fall
17	17	prevention and recovery training programs for certain employees, as specified by
18	18	DHS, and for patients and residents of residential care apartment complexes,
19	19	community-based residential facilities, nursing homes, and hospices. Residential
20	20	care apartment complexes, community-based residential facilities, nursing homes,
21	21	and hospices must administer the fall prevention and recovery trainings to any
22	22	employees that are required by DHS to receive the training and to patients and
23	23	residents of the facilities.
24	24	In addition, under the bill, residential care apartment complexes,
25	25	community-based residential facilities, nursing homes, and hospices must have at
26	26	least one employee with current certification in CPR, at least one employee with
27	27	current certification in first aid, and at least one employee who has received fall
28	28	prevention and recovery training available on the premises at all times a resident
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36	36	SENATE BILL 884
37	37	or patient is present in the residential care apartment complex, community-based
38	38	residential facility, nursing home, or hospice. The bill also imposes a duty upon
39	39	residential care apartment complexes, community-based residential facilities,
40	40	nursing homes, and hospices to administer CPR and first aid to patients and
41	41	residents and to make an attempt to lift patients and residents who have fallen,
42	42	appear to be uninjured, and cannot recover on their own. The bill exempts
43	43	individuals and residential care apartment complexes, community-based
44	44	residential facilities, nursing homes, and hospices from liability for civil damages for
45	45	any act or omission of an individual administering CPR or first aid to a patient or
46	46	resident or attempting to lift a fallen patient or resident if certain requirements are
47	47	met.
48	48	For further information see the state fiscal estimate, which will be printed as
49	49	an appendix to this bill.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 50.034 (3) (f) of the statutes is created to read:
53	53	50.034 (3) (f) Administer the training program under s. 50.15 (2) (a) to each
54	54	employee of the residential care apartment complex who is required under s. 50.15
55	55	(2) (b) to receive the training.
56	56	SECTION 2. 50.034 (3) (g) of the statutes is created to read:
57	57	50.034 (3) (g) Administer the training program under s. 50.15 (3) to each
58	58	resident of the residential care apartment complex within 30 days after the resident
59	59	moves in to the residential care apartment complex.
60	60	SECTION 3. 50.034 (3) (h) of the statutes is created to read:
61	61	50.034 (3) (h) At all times during which a resident is present in the residential
62	62	care apartment complex, have available on the premises at least one employee with
63	63	current certification in cardiopulmonary resuscitation, at least one employee with
64	64	current certification in first aid, and at least one employee who has received training
65	65	in fall prevention, fall recovery, and proper techniques for lifting and moving
66	66	residents.
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84	84	SECTION 4
85	85	SENATE BILL 884
86	86	SECTION 4. 50.034 (3m) of the statutes is created to read:
87	87	50.034 (3m) DUTY TO ADMINISTER AID. (a) Subject to any known declaration or
88	88	do-not-resuscitate order under ch. 154, a residential care apartment complex has
89	89	a duty to do all of the following:
90	90	1. Administer cardiopulmonary resuscitation before the arrival of emergency
91	91	medical services to a resident who is nonresponsive or has a cessation of normal
92	92	respiration. The cardiopulmonary resuscitation shall be administered by or under
93	93	the direction of an individual who is certified in cardiopulmonary resuscitation and
94	94	shall be performed in accordance with that individual' s cardiopulmonary
95	95	resuscitation certification training.
96	96	2. Administer first aid before the arrival of emergency medical services to a
97	97	resident who is in distress. The first aid shall be administered by or under the
98	98	direction of an individual who is certified in first aid and shall be performed in
99	99	accordance with that individual's first aid certification training.
100	100	3. Make an attempt before the arrival of emergency medical services to lift a
101	101	resident who has fallen, appears to be uninjured, and is unable to reasonably recover
102	102	independently. The lift shall be attempted by or under the direction of an individual
103	103	who has received training in first aid or in fall prevention, fall recovery, and proper
104	104	techniques for lifting and moving residents and shall be performed in accordance
105	105	with that individual's training.
106	106	(b) A residential care apartment complex may not have, establish, or
107	107	implement a policy that prevents an individual from providing appropriate
108	108	cardiopulmonary resuscitation or first aid or attempting to lift a fallen resident who
109	109	appears to be uninjured.
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135	135	SECTION 4 SENATE BILL 884
136	136	(c) A residential care apartment complex or an individual that administers
137	137	cardiopulmonary resuscitation or first aid as provided in par. (a) 1. or 2. is not liable
138	138	for any civil damages as the result of any act or omission by the individual
139	139	administering the cardiopulmonary resuscitation or first aid, unless the individual
140	140	did not act in good faith or acted with gross negligence while administering the
141	141	cardiopulmonary resuscitation or first aid.
142	142	(d) A residential care apartment complex or an individual that attempts to lift
143	143	a fallen resident as provided in par. (a) 3. is not liable for any civil damages as the
144	144	result of any act or omission by the individual attempting the lift, unless the
145	145	individual acted with gross negligence while attempting the lift, if any of the
146	146	following are true:
147	147	1. The individual attempted the lift at the direction of a dispatcher from a
148	148	public safety answering point, as defined in s. 256.35 (1) (gm).
149	149	2. The individual attempted the lift to prevent further imminent and serious
150	150	injury to the fallen resident.
151	151	3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
152	152	requested assistance.
153	153	SECTION 5. 50.035 (1) of the statutes is renumbered 50.035 (1) (a).
154	154	SECTION 6. 50.035 (1) (b) of the statutes is created to read:
155	155	50.035 (1) (b) Each community-based residential facility shall administer the
156	156	training program under s. 50.15 (2) (a) to each employee of the community-based
157	157	residential facility who is required under s. 50.15 (2) (b) to receive the training.
158	158	SECTION 7. 50.035 (1m) of the statutes is created to read:
159	159	50.035 (1m) RESIDENT FALL PREVENTION TRAINING. Each community-based
160	160	residential facility shall administer the training program under s 50.15 (3) to each
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188	188	SECTION 7
189	189	SENATE BILL 884
190	190	resident of the community-based residential facility within 30 days after the
191	191	resident moves in to the community-based residential facility.
192	192	SECTION 8. 50.035 (7) of the statutes is created to read:
193	193	50.035 (7) CPR AND FIRST AID CERTIFICATION. At all times during which a
194	194	resident is present in a community-based residential facility, the community-based
195	195	residential facility shall have available on the premises at least one employee with
196	196	current certification in cardiopulmonary resuscitation, at least one employee with
197	197	current certification in first aid, and at least one employee who has received training
198	198	in fall prevention, fall recovery, and proper techniques for lifting and moving
199	199	residents.
200	200	SECTION 9. 50.035 (8) of the statutes is created to read:
201	201	50.035 (8) DUTY TO ADMINISTER AID. (a) Subject to any known declaration or
202	202	do-not-resuscitate order under ch. 154, a community-based residential facility has
203	203	a duty to do all of the following:
204	204	1. Administer cardiopulmonary resuscitation before the arrival of emergency
205	205	medical services to a resident who is nonresponsive or has a cessation of normal
206	206	respiration. The cardiopulmonary resuscitation shall be administered by or under
207	207	the direction of an individual who is certified in cardiopulmonary resuscitation and
208	208	shall be performed in accordance with that individual' s cardiopulmonary
209	209	resuscitation certification training.
210	210	2. Administer first aid before the arrival of emergency medical services to a
211	211	resident who is in distress. The first aid shall be administered by or under the
212	212	direction of an individual who is certified in first aid and shall be performed in
213	213	accordance with that individual's first aid certification training.
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239	239	SECTION 9 SENATE BILL 884
240	240	3. Make an attempt before the arrival of emergency medical services to lift a
241	241	resident who has fallen, appears to be uninjured, and is unable to reasonably recover
242	242	independently. The lift shall be attempted by or under the direction of an individual
243	243	who has received training in first aid or in fall prevention, fall recovery, and proper
244	244	techniques for lifting and moving residents and shall be performed in accordance
245	245	with that individual's training.
246	246	(b) A community-based residential facility may not have, establish, or
247	247	implement a policy that prevents an individual from providing appropriate
248	248	cardiopulmonary resuscitation or first aid or attempted to lift a fallen resident who
249	249	appears to be uninjured.
250	250	(c) A community-based residential facility or an individual that administers
251	251	cardiopulmonary resuscitation or first aid as provided in par. (a) 1. or 2. is not liable
252	252	for any civil damages as the result of any act or omission by the individual
253	253	administering the cardiopulmonary resuscitation or first aid, unless the individual
254	254	did not act in good faith or acted with gross negligence while administering the
255	255	cardiopulmonary resuscitation or first aid.
256	256	(d) A community-based residential facility or an individual that attempts to
257	257	lift a fallen resident as provided in par. (a) 3. is not liable for any civil damages as the
258	258	result of any act or omission by the individual attempting the lift, unless the
259	259	individual acted with gross negligence while attempting the lift, if any of the
260	260	following are true:
261	261	1. The individual attempted the lift at the direction of a dispatcher from a
262	262	public safety answering point, as defined in s. 256.35 (1) (gm).
263	263	2. The individual attempted the lift to prevent further imminent and serious
264	264	injury to the fallen resident.
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292	292	SECTION 9
293	293	SENATE BILL 884
294	294	3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
295	295	requested assistance.
296	296	SECTION 10. 50.04 (2) (e) of the statutes is created to read:
297	297	50.04 (2) (e) At all times during which a resident is present in a nursing home,
298	298	the nursing home shall have available on the premises at least one employee with
299	299	current certification in cardiopulmonary resuscitation, at least one employee with
300	300	current certification in first aid, and at least one employee who has received training
301	301	in fall prevention, fall recovery, and proper techniques for lifting and moving
302	302	residents.
303	303	SECTION 11. 50.04 (2k) of the statutes is created to read:
304	304	50.04 (2k) DUTY TO ADMINISTER AID. (a) Subject to any known declaration or
305	305	do-not-resuscitate order under ch. 154, a nursing home has a duty to do all of the
306	306	following:
307	307	1. Administer cardiopulmonary resuscitation before the arrival of emergency
308	308	medical services to a resident who is nonresponsive or has a cessation of normal
309	309	respiration. The cardiopulmonary resuscitation shall be administered by or under
310	310	the direction of an individual who is certified in cardiopulmonary resuscitation and
311	311	shall be performed in accordance with that individual' s cardiopulmonary
312	312	resuscitation certification training.
313	313	2. Administer first aid before the arrival of emergency medical services to a
314	314	resident who is in distress. The first aid shall be administered by or under the
315	315	direction of an individual who is certified in first aid and shall be performed in
316	316	accordance with that individual's first aid certification training.
317	317	3. Make an attempt before the arrival of emergency medical services to lift a
318	318	resident who has fallen, appears to be uninjured, and is unable to reasonably recover
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345	345	SECTION 11 SENATE BILL 884
346	346	independently. The lift shall be attempted by or under the direction of an individual
347	347	who has received training in first aid or in fall prevention, fall recovery, and proper
348	348	techniques for lifting and moving residents and shall be performed in accordance
349	349	with that individual's training.
350	350	(b) A nursing home may not have, establish, or implement a policy that
351	351	prevents an individual from providing appropriate cardiopulmonary resuscitation or
352	352	first aid or attempting to lift a fallen resident who appears to be uninjured.
353	353	(c) A nursing home or an individual that administers cardiopulmonary
354	354	resuscitation or first aid as provided in par. (a) 1. or 2. is not liable for any civil
355	355	damages as the result of any act or omission by the individual administering the
356	356	cardiopulmonary resuscitation or first aid, unless the individual did not act in good
357	357	faith or acted with gross negligence while administering the cardiopulmonary
358	358	resuscitation or first aid.
359	359	(d) A nursing home or an individual that attempted to lift a fallen resident as
360	360	provided in par. (a) 3. is not liable for any civil damages as the result of any act or
361	361	omission by the individual attempting the lift, unless the individual acted with gross
362	362	negligence while attempting the lift, if any of the following are true:
363	363	1. The individual attempted the lift at the direction of a dispatcher from a
364	364	public safety answering point, as defined in s. 256.35 (1) (gm).
365	365	2. The individual attempted the lift to prevent further imminent and serious
366	366	injury to the fallen resident.
367	367	3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
368	368	requested assistance.
369	369	SECTION 12. 50.04 (2m) of the statutes is created to read:
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396	396	SECTION 12
397	397	SENATE BILL 884
398	398	50.04 (2m) FALL PREVENTION AND RECOVERY TRAINING PROGRAM. (a) Each nursing
399	399	home shall administer the training program under s. 50.15 (2) (a) to each employee
400	400	of the nursing home who is required under s. 50.15 (2) (b) to receive the training.
401	401	(b) Each nursing home shall administer the training under s. 50.15 (3) to each
402	402	resident of the nursing home within 30 days after the resident moves in to the
403	403	nursing home.
404	404	SECTION 13. 50.15 of the statutes is created to read:
405	405	50.15 Fall prevention and recovery. (1) DEFINITION. In this section,
406	406	“hospice” has the meaning given in s. 50.90 (1).
407	407	(2) EMPLOYEE TRAINING PROGRAM. (a) The department shall develop or identify
408	408	an evidence-based training program for employees of residential care apartment
409	409	complexes, community-based residential facilities, nursing homes, and hospices
410	410	that can be administered uniformly for each employee identified under par. (b) and
411	411	contains instruction on fall prevention, fall recovery, and proper techniques for
412	412	lifting and moving patients or residents. The training program under this paragraph
413	413	shall consist of an initial training and ongoing competency trainings.
414	414	(b) The department shall, by rule, identify the types of employees of residential
415	415	care apartment complexes, community-based residential facilities, nursing homes,
416	416	and hospices who are required to receive the training under par. (a).
417	417	(3) PATIENT OR RESIDENT TRAINING PROGRAM. The department shall develop or
418	418	identify a training program for patients and residents of residential care apartment
419	419	complexes, community-based residential facilities, nursing homes, and hospices
420	420	that contains instruction on fall prevention and fall recovery.
421	421	SECTION 14. 50.921 of the statutes is created to read:
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447	447	SECTION 14 SENATE BILL 884
448	448	50.921 Fall prevention and recovery training. (1) Each hospice shall
449	449	administer the training program under s. 50.15 (2) (a) to each employee of the hospice
450	450	who is required under s. 50.15 (2) (b) to receive the training.
451	451	(2) Each hospice shall administer the training under s. 50.15 (3) to each patient
452	452	of the hospice within 30 days after the patient moves in to the hospice.
453	453	SECTION 15. 50.922 of the statutes is created to read:
454	454	50.922 Staffing requirements. At all times during which a patient is present
455	455	in a hospice, the hospice shall have available on the premises at least one employee
456	456	with current certification in cardiopulmonary resuscitation, at least one employee
457	457	with current certification in first aid, and at least one employee who has received
458	458	training in first aid or in fall prevention, fall recovery, and proper techniques for
459	459	lifting and moving patients.
460	460	SECTION 16. 50.935 of the statutes is created to read:
461	461	50.935 Duty to administer aid. (1) Subject to any known declaration or
462	462	do-not-resuscitate order under ch. 154, a hospice has a duty to do all of the following:
463	463	(a) Administer cardiopulmonary resuscitation before the arrival of emergency
464	464	medical services to a patient who is nonresponsive or has a cessation of normal
465	465	respiration. The cardiopulmonary resuscitation shall be administered by or under
466	466	the direction of an individual who is certified in cardiopulmonary resuscitation and
467	467	shall be performed in accordance with that individual' s cardiopulmonary
468	468	resuscitation certification training.
469	469	(b) Administer first aid before the arrival of emergency medical services to a
470	470	patient who is in distress. The first aid shall be administered by or under the
471	471	direction of an individual who is certified in first aid and shall be performed in
472	472	accordance with that individual's first aid certification training.
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500	500	SECTION 16
501	501	SENATE BILL 884
502	502	(c) Make an attempt before the arrival of emergency medical services to lift a
503	503	patient who has fallen, appears to be uninjured, and is unable to reasonably recover
504	504	independently. The lift shall be attempted by or under the direction of an individual
505	505	who has received training in first aid or in fall prevention, fall recovery, and proper
506	506	techniques for lifting and moving patients and shall be performed in accordance with
507	507	that individual's training.
508	508	(2) A hospice may not have, establish, or implement a policy that prevents an
509	509	individual from providing appropriate cardiopulmonary resuscitation or first aid or
510	510	attempted to lift a fallen patient who appears to be uninjured.
511	511	(3) A hospice or an individual that administers cardiopulmonary resuscitation
512	512	or first aid as provided in sub. (1) (a) or (b) is not liable for any civil damages as the
513	513	result of any act or omission by the individual administering the cardiopulmonary
514	514	resuscitation or first aid, unless the individual did not act in good faith or acted with
515	515	gross negligence while administering the cardiopulmonary resuscitation or first aid.
516	516	(4) A hospice or an individual that attempts to lift a fallen patient as provided
517	517	in sub. (1) (c) is not liable for any civil damages as the result of any act or omission
518	518	by the individual attempting the lift, unless the individual acted with gross
519	519	negligence while attempting the lift, if any of the following are true:
520	520	(a) The individual attempted the lift at the direction of a dispatcher from a
521	521	public safety answering point, as defined in s. 256.35 (1) (gm).
522	522	(b) The individual attempted the lift to prevent further imminent and serious
523	523	injury to the fallen patient.
524	524	(c) The fallen patient appeared to be uninjured, asserted a lack of injury, and
525	525	requested assistance.
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550	550	KMS:cdc
551	551	SECTION 17 SENATE BILL 884
552	552	SECTION 17.0Effective dates. This act takes effect on the first day of the 13th
553	553	month after publication, except as follows:
554	554	(1) The treatment of s. 50.15 takes effect on the day after publication.
555	555	(END)
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557	557	2
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