SB884,1,6 1An Act to renumber 50.035 (1); and to create 50.034 (3) (f), 50.034 (3) (g), 50.034
2(3) (h), 50.034 (3m), 50.035 (1) (b), 50.035 (1m), 50.035 (7), 50.035 (8), 50.04 (2)
3(e), 50.04 (2k), 50.04 (2m), 50.15, 50.921, 50.922 and 50.935 of the statutes;
4relating to: fall prevention and recovery training, CPR and first aid
5certification, a duty to provide aid in certain residential facilities and hospices,
6and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, the Department of Health Services must develop or identify fall
prevention and recovery training programs for certain employees, as specified by
DHS, and for patients and residents of residential care apartment complexes,
community-based residential facilities, nursing homes, and hospices. Residential
care apartment complexes, community-based residential facilities, nursing homes,
and hospices must administer the fall prevention and recovery trainings to any
employees that are required by DHS to receive the training and to patients and
residents of the facilities.
In addition, under the bill, residential care apartment complexes,
community-based residential facilities, nursing homes, and hospices must have at
least one employee with current certification in CPR, at least one employee with
current certification in first aid, and at least one employee who has received fall
prevention and recovery training available on the premises at all times a resident

or patient is present in the residential care apartment complex, community-based
residential facility, nursing home, or hospice. The bill also imposes a duty upon
residential care apartment complexes, community-based residential facilities,
nursing homes, and hospices to administer CPR and first aid to patients and
residents and to make an attempt to lift patients and residents who have fallen,
appear to be uninjured, and cannot recover on their own. The bill exempts
individuals and residential care apartment complexes, community-based
residential facilities, nursing homes, and hospices from liability for civil damages for
any act or omission of an individual administering CPR or first aid to a patient or
resident or attempting to lift a fallen patient or resident if certain requirements are
met.
For further information see the state 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:
SB884,1 1Section 1. 50.034 (3) (f) of the statutes is created to read:
SB884,2,42 50.034 (3) (f) Administer the training program under s. 50.15 (2) (a) to each
3employee of the residential care apartment complex who is required under s. 50.15
4(2) (b) to receive the training.
SB884,2 5Section 2. 50.034 (3) (g) of the statutes is created to read:
SB884,2,86 50.034 (3) (g) Administer the training program under s. 50.15 (3) to each
7resident of the residential care apartment complex within 30 days after the resident
8moves in to the residential care apartment complex.
SB884,3 9Section 3. 50.034 (3) (h) of the statutes is created to read:
SB884,2,1510 50.034 (3) (h) At all times during which a resident is present in the residential
11care apartment complex, have available on the premises at least one employee with
12current certification in cardiopulmonary resuscitation, at least one employee with
13current certification in first aid, and at least one employee who has received training
14in fall prevention, fall recovery, and proper techniques for lifting and moving
15residents.
SB884,4
1Section 4. 50.034 (3m) of the statutes is created to read:
SB884,3,42 50.034 (3m) Duty to administer aid. (a) Subject to any known declaration or
3do-not-resuscitate order under ch. 154, a residential care apartment complex has
4a duty to do all of the following:
SB884,3,105 1. Administer cardiopulmonary resuscitation before the arrival of emergency
6medical services to a resident who is nonresponsive or has a cessation of normal
7respiration. The cardiopulmonary resuscitation shall be administered by or under
8the direction of an individual who is certified in cardiopulmonary resuscitation and
9shall be performed in accordance with that individual's cardiopulmonary
10resuscitation certification training.
SB884,3,1411 2. Administer first aid before the arrival of emergency medical services to a
12resident who is in distress. The first aid shall be administered by or under the
13direction of an individual who is certified in first aid and shall be performed in
14accordance with that individual's first aid certification training.
SB884,3,2015 3. Make an attempt before the arrival of emergency medical services to lift a
16resident who has fallen, appears to be uninjured, and is unable to reasonably recover
17independently. The lift shall be attempted by or under the direction of an individual
18who has received training in first aid or in fall prevention, fall recovery, and proper
19techniques for lifting and moving residents and shall be performed in accordance
20with that individual's training.
SB884,3,2421 (b) A residential care apartment complex may not have, establish, or
22implement a policy that prevents an individual from providing appropriate
23cardiopulmonary resuscitation or first aid or attempting to lift a fallen resident who
24appears to be uninjured.
SB884,4,6
1(c) A residential care apartment complex or an individual that administers
2cardiopulmonary resuscitation or first aid as provided in par. (a) 1. or 2. is not liable
3for any civil damages as the result of any act or omission by the individual
4administering the cardiopulmonary resuscitation or first aid, unless the individual
5did not act in good faith or acted with gross negligence while administering the
6cardiopulmonary resuscitation or first aid.
SB884,4,117 (d) A residential care apartment complex or an individual that attempts to lift
8a fallen resident as provided in par. (a) 3. is not liable for any civil damages as the
9result of any act or omission by the individual attempting the lift, unless the
10individual acted with gross negligence while attempting the lift, if any of the
11following are true:
SB884,4,1312 1. The individual attempted the lift at the direction of a dispatcher from a
13public safety answering point, as defined in s. 256.35 (1) (gm).
SB884,4,1514 2. The individual attempted the lift to prevent further imminent and serious
15injury to the fallen resident.
SB884,4,1716 3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
17requested assistance.
SB884,5 18Section 5. 50.035 (1) of the statutes is renumbered 50.035 (1) (a).
SB884,6 19Section 6. 50.035 (1) (b) of the statutes is created to read:
SB884,4,2220 50.035 (1) (b) Each community-based residential facility shall administer the
21training program under s. 50.15 (2) (a) to each employee of the community-based
22residential facility who is required under s. 50.15 (2) (b) to receive the training.
SB884,7 23Section 7. 50.035 (1m) of the statutes is created to read:
SB884,5,224 50.035 (1m) Resident fall prevention training. Each community-based
25residential facility shall administer the training program under s 50.15 (3) to each

1resident of the community-based residential facility within 30 days after the
2resident moves in to the community-based residential facility.
SB884,8 3Section 8. 50.035 (7) of the statutes is created to read:
SB884,5,104 50.035 (7) CPR and first aid certification. At all times during which a
5resident is present in a community-based residential facility, the community-based
6residential facility shall have available on the premises at least one employee with
7current certification in cardiopulmonary resuscitation, at least one employee with
8current certification in first aid, and at least one employee who has received training
9in fall prevention, fall recovery, and proper techniques for lifting and moving
10residents.
SB884,9 11Section 9. 50.035 (8) of the statutes is created to read:
SB884,5,1412 50.035 (8) Duty to administer aid. (a) Subject to any known declaration or
13do-not-resuscitate order under ch. 154, a community-based residential facility has
14a duty to do all of the following:
SB884,5,2015 1. Administer cardiopulmonary resuscitation before the arrival of emergency
16medical services to a resident who is nonresponsive or has a cessation of normal
17respiration. The cardiopulmonary resuscitation shall be administered by or under
18the direction of an individual who is certified in cardiopulmonary resuscitation and
19shall be performed in accordance with that individual's cardiopulmonary
20resuscitation certification training.
SB884,5,2421 2. Administer first aid before the arrival of emergency medical services to a
22resident who is in distress. The first aid shall be administered by or under the
23direction of an individual who is certified in first aid and shall be performed in
24accordance with that individual's first aid certification training.
SB884,6,6
13. Make an attempt before the arrival of emergency medical services to lift a
2resident who has fallen, appears to be uninjured, and is unable to reasonably recover
3independently. The lift shall be attempted by or under the direction of an individual
4who has received training in first aid or in fall prevention, fall recovery, and proper
5techniques for lifting and moving residents and shall be performed in accordance
6with that individual's training.
SB884,6,107 (b) A community-based residential facility may not have, establish, or
8implement a policy that prevents an individual from providing appropriate
9cardiopulmonary resuscitation or first aid or attempted to lift a fallen resident who
10appears to be uninjured.
SB884,6,1611 (c) A community-based residential facility or an individual that administers
12cardiopulmonary resuscitation or first aid as provided in par. (a) 1. or 2. is not liable
13for any civil damages as the result of any act or omission by the individual
14administering the cardiopulmonary resuscitation or first aid, unless the individual
15did not act in good faith or acted with gross negligence while administering the
16cardiopulmonary resuscitation or first aid.
SB884,6,2117 (d) A community-based residential facility or an individual that attempts to
18lift a fallen resident as provided in par. (a) 3. is not liable for any civil damages as the
19result of any act or omission by the individual attempting the lift, unless the
20individual acted with gross negligence while attempting the lift, if any of the
21following are true:
SB884,6,2322 1. The individual attempted the lift at the direction of a dispatcher from a
23public safety answering point, as defined in s. 256.35 (1) (gm).
SB884,6,2524 2. The individual attempted the lift to prevent further imminent and serious
25injury to the fallen resident.
SB884,7,2
13. The fallen resident appeared to be uninjured, asserted a lack of injury, and
2requested assistance.
SB884,10 3Section 10. 50.04 (2) (e) of the statutes is created to read:
SB884,7,94 50.04 (2) (e) At all times during which a resident is present in a nursing home,
5the nursing home shall have available on the premises at least one employee with
6current certification in cardiopulmonary resuscitation, at least one employee with
7current certification in first aid, and at least one employee who has received training
8in fall prevention, fall recovery, and proper techniques for lifting and moving
9residents.
SB884,11 10Section 11. 50.04 (2k) of the statutes is created to read:
SB884,7,1311 50.04 (2k) Duty to administer aid. (a) Subject to any known declaration or
12do-not-resuscitate order under ch. 154, a nursing home has a duty to do all of the
13following:
SB884,7,1914 1. Administer cardiopulmonary resuscitation before the arrival of emergency
15medical services to a resident who is nonresponsive or has a cessation of normal
16respiration. The cardiopulmonary resuscitation shall be administered by or under
17the direction of an individual who is certified in cardiopulmonary resuscitation and
18shall be performed in accordance with that individual's cardiopulmonary
19resuscitation certification training.
SB884,7,2320 2. Administer first aid before the arrival of emergency medical services to a
21resident who is in distress. The first aid shall be administered by or under the
22direction of an individual who is certified in first aid and shall be performed in
23accordance with that individual's first aid certification training.
SB884,8,424 3. Make an attempt before the arrival of emergency medical services to lift a
25resident who has fallen, appears to be uninjured, and is unable to reasonably recover

1independently. The lift shall be attempted by or under the direction of an individual
2who has received training in first aid or in fall prevention, fall recovery, and proper
3techniques for lifting and moving residents and shall be performed in accordance
4with that individual's training.
SB884,8,75 (b) A nursing home may not have, establish, or implement a policy that
6prevents an individual from providing appropriate cardiopulmonary resuscitation or
7first aid or attempting to lift a fallen resident who appears to be uninjured.
SB884,8,138 (c) A nursing home or an individual that administers cardiopulmonary
9resuscitation or first aid as provided in par. (a) 1. or 2. is not liable for any civil
10damages as the result of any act or omission by the individual administering the
11cardiopulmonary resuscitation or first aid, unless the individual did not act in good
12faith or acted with gross negligence while administering the cardiopulmonary
13resuscitation or first aid.
SB884,8,1714 (d) A nursing home or an individual that attempted to lift a fallen resident as
15provided in par. (a) 3. is not liable for any civil damages as the result of any act or
16omission by the individual attempting the lift, unless the individual acted with gross
17negligence while attempting the lift, if any of the following are true:
SB884,8,1918 1. The individual attempted the lift at the direction of a dispatcher from a
19public safety answering point, as defined in s. 256.35 (1) (gm).
SB884,8,2120 2. The individual attempted the lift to prevent further imminent and serious
21injury to the fallen resident.
SB884,8,2322 3. The fallen resident appeared to be uninjured, asserted a lack of injury, and
23requested assistance.
SB884,12 24Section 12. 50.04 (2m) of the statutes is created to read:
SB884,9,3
150.04 (2m) Fall prevention and recovery training program. (a) Each nursing
2home shall administer the training program under s. 50.15 (2) (a) to each employee
3of the nursing home who is required under s. 50.15 (2) (b) to receive the training.
SB884,9,64 (b) Each nursing home shall administer the training under s. 50.15 (3) to each
5resident of the nursing home within 30 days after the resident moves in to the
6nursing home.
SB884,13 7Section 13. 50.15 of the statutes is created to read:
SB884,9,9 850.15 Fall prevention and recovery. (1) Definition. In this section,
9“hospice” has the meaning given in s. 50.90 (1).
SB884,9,16 10(2) Employee training program. (a) The department shall develop or identify
11an evidence-based training program for employees of residential care apartment
12complexes, community-based residential facilities, nursing homes, and hospices
13that can be administered uniformly for each employee identified under par. (b) and
14contains instruction on fall prevention, fall recovery, and proper techniques for
15lifting and moving patients or residents. The training program under this paragraph
16shall consist of an initial training and ongoing competency trainings.
SB884,9,1917 (b) The department shall, by rule, identify the types of employees of residential
18care apartment complexes, community-based residential facilities, nursing homes,
19and hospices who are required to receive the training under par. (a).
SB884,9,23 20(3) Patient or resident training program. The department shall develop or
21identify a training program for patients and residents of residential care apartment
22complexes, community-based residential facilities, nursing homes, and hospices
23that contains instruction on fall prevention and fall recovery.
SB884,14 24Section 14. 50.921 of the statutes is created to read:
SB884,10,3
150.921 Fall prevention and recovery training. (1) Each hospice shall
2administer the training program under s. 50.15 (2) (a) to each employee of the hospice
3who is required under s. 50.15 (2) (b) to receive the training.
SB884,10,5 4(2) Each hospice shall administer the training under s. 50.15 (3) to each patient
5of the hospice within 30 days after the patient moves in to the hospice.
SB884,15 6Section 15. 50.922 of the statutes is created to read:
SB884,10,12 750.922 Staffing requirements. At all times during which a patient is present
8in a hospice, the hospice shall have available on the premises at least one employee
9with current certification in cardiopulmonary resuscitation, at least one employee
10with current certification in first aid, and at least one employee who has received
11training in first aid or in fall prevention, fall recovery, and proper techniques for
12lifting and moving patients.
SB884,16 13Section 16. 50.935 of the statutes is created to read:
SB884,10,15 1450.935 Duty to administer aid. (1) Subject to any known declaration or
15do-not-resuscitate order under ch. 154, a hospice has a duty to do all of the following:
SB884,10,2116 (a) Administer cardiopulmonary resuscitation before the arrival of emergency
17medical services to a patient who is nonresponsive or has a cessation of normal
18respiration. The cardiopulmonary resuscitation shall be administered by or under
19the direction of an individual who is certified in cardiopulmonary resuscitation and
20shall be performed in accordance with that individual's cardiopulmonary
21resuscitation certification training.
SB884,10,2522 (b) Administer first aid before the arrival of emergency medical services to a
23patient who is in distress. The first aid shall be administered by or under the
24direction of an individual who is certified in first aid and shall be performed in
25accordance with that individual's first aid certification training.
SB884,11,6
1(c) Make an attempt before the arrival of emergency medical services to lift a
2patient who has fallen, appears to be uninjured, and is unable to reasonably recover
3independently. The lift shall be attempted by or under the direction of an individual
4who has received training in first aid or in fall prevention, fall recovery, and proper
5techniques for lifting and moving patients and shall be performed in accordance with
6that individual's training.
SB884,11,9 7(2) A hospice may not have, establish, or implement a policy that prevents an
8individual from providing appropriate cardiopulmonary resuscitation or first aid or
9attempted to lift a fallen patient who appears to be uninjured.
SB884,11,14 10(3) A hospice or an individual that administers cardiopulmonary resuscitation
11or first aid as provided in sub. (1) (a) or (b) is not liable for any civil damages as the
12result of any act or omission by the individual administering the cardiopulmonary
13resuscitation or first aid, unless the individual did not act in good faith or acted with
14gross negligence while administering the cardiopulmonary resuscitation or first aid.
SB884,11,18 15(4) A hospice or an individual that attempts to lift a fallen patient as provided
16in sub. (1) (c) is not liable for any civil damages as the result of any act or omission
17by the individual attempting the lift, unless the individual acted with gross
18negligence while attempting the lift, if any of the following are true:
SB884,11,2019 (a) The individual attempted the lift at the direction of a dispatcher from a
20public safety answering point, as defined in s. 256.35 (1) (gm).
SB884,11,2221 (b) The individual attempted the lift to prevent further imminent and serious
22injury to the fallen patient.
SB884,11,2423 (c) The fallen patient appeared to be uninjured, asserted a lack of injury, and
24requested assistance.
SB884,17
1Section 17. Effective dates. This act takes effect on the first day of the 13th
2month after publication, except as follows:
SB884,12,33 (1) The treatment of s. 50.15 takes effect on the day after publication.
SB884,12,44 (End)
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