LRB-4786/1
TJD&SWB:ahe&cdc
2019 - 2020 LEGISLATURE
November 27, 2019 - Introduced by Senators Darling, Cowles, Olsen and
Wanggaard, cosponsored by Representatives Born, Nygren, Billings,
Bowen, Dittrich, Edming, Felzkowski, Jagler, Kitchens, Knodl, Kulp,
Magnafici, Mursau, Novak, Petersen, Petryk, Plumer, Ramthun,
Rohrkaste, Snyder, Spiros, Thiesfeldt, Tranel and Tusler. Referred to
Committee on Health and Human Services.
SB594,1,3 1An Act to amend 256.40 (3) (a) (intro.), 256.40 (3) (a) 2. and 256.40 (3) (b) of the
2statutes; relating to: opioid antagonist administration in jails and
3medication-assisted treatment availability in prisons and jails.
Analysis by the Legislative Reference Bureau
This bill allows county jails to enter into a written agreement to affiliate with
an ambulance service provider or a physician to 1) obtain a supply of naloxone or
another opioid antagonist; and 2) allow jailers or keepers of a jail or persons
designated with custodial authority by a jailer or keeper to receive the training
necessary to safely and properly administer those medications to individuals who are
undergoing or who are believed to be undergoing an opioid-related drug overdose.
Under current law, law enforcement agencies and fire departments may enter such
agreements; this bill grants that authority to county jails.
Current law also grants law enforcement officers and fire fighters immunity
from civil and criminal liability for any outcomes resulting from the administration
of an opioid antagonist to a person the officer or fire fighter reasonably believes is
undergoing an opioid-related drug overdose, if the officer or firefighter is acting
pursuant to an agreement with an ambulance service provider or physician and his
or her training. This bill extends the same immunity to a jailer or keeper of a jail or
person designated with custodial authority by the jailer or keeper.
The bill requires the Department of Health Services, after consulting with the
Department of Corrections, to study the availability of medication-assisted
treatment for opioid use disorder in each prison and county jail, including by

identifying certain pieces of data specified in the bill. DHS, again after consulting
DOC, must then use the results of the study to propose to implement, or identify
county officials to implement, a pilot project to make available all approved
medications for medication-assisted treatment for opioid use disorder in at least one
prison or county jail. DHS must report its study findings, its proposal, and any
requests for proposed statutory changes or funding necessary to implement the pilot
project to the Joint Committee on Finance.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB594,1 1Section 1 . 256.40 (3) (a) (intro.) of the statutes is amended to read:
SB594,2,42 256.40 (3) (a) (intro.) A law enforcement agency , county jail, or fire department
3may enter into a written agreement to affiliate with an ambulance service provider
4or a physician for all of the following purposes:
SB594,2 5Section 2 . 256.40 (3) (a) 2. of the statutes is amended to read:
SB594,2,106 256.40 (3) (a) 2. Allowing law enforcement officers , jailers or keepers of a jail
7or persons designated with custodial authority by the jailer or keeper,
and fire
8fighters to obtain the training necessary to safely and properly administer naloxone
9or another opioid antagonist to individuals who are undergoing or who are believed
10to be undergoing an opioid-related drug overdose.
SB594,3 11Section 3 . 256.40 (3) (b) of the statutes is amended to read:
SB594,3,312 256.40 (3) (b) A law enforcement officer, jailer or keeper of a jail or person
13designated with custodial authority by the jailer or keeper,
or fire fighter who,
14reasonably believing another person to be undergoing an opioid-related drug
15overdose, administers naloxone or another opioid antagonist to that person shall be
16immune from civil or criminal liability for any outcomes resulting from the
17administration of the opioid antagonist to that person, if the law enforcement officer,

1jailer or keeper of a jail or person designated with custodial authority by the jailer
2or keeper,
or fire fighter is acting pursuant to an agreement and any training
3obtained under par. (a).
SB594,4 4Section 4. Nonstatutory provisions.
SB594,3,95 (1) Study on medication-assisted treatment in prisons and jails. The
6department of health services, after consulting with the department of corrections,
7shall study in each prison and county jail the availability of medication-assisted
8treatment for opioid use disorder, including identifying all of the following for each
9prison and county jail:
SB594,3,1210 (a) The availability of behavioral health counseling on the premises as
11measured by the number of substance abuse counselors available for the number of
12persons in custody at the prison or county jail.
SB594,3,1413 (b) The facilities available for inpatient detoxification, including the number
14of rooms available.
SB594,3,1815 (c) Each medication and forms of each medication approved by the federal food
16and drug administration that are used for treating opioid use disorder for persons
17in custody in the prison or county jail and the number of persons in each prison and
18county jail who receive each medication each month.
SB594,4,419 (2) Proposal for availability of medication-assisted treatment; report. The
20department of health services shall, using the results of the study under sub. (1) and
21after consulting with the department of corrections, develop a proposal to
22implement, or identify county officials to implement, a pilot project to make available
23in at least one prison or county jail all medications for medication-assisted
24treatment for opioid use disorder that are approved by the federal food and drug
25administration. By the first day of the 13th month beginning after the effective date

1of this subsection, the department of health services shall submit a report to the joint
2committee on finance that includes the findings of the study under sub. (1), the
3proposal under this subsection, and any requests for proposed statutory changes or
4funding necessary to implement the pilot project.
SB594,4,55 (End)
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