Waukesha County

Resources to Fight the Opioid Crisis in Waukesha County

 

Am I Covered?

The 1977 WI Good Samaritan Statute states, “any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care.”

2013 Wisconsin Act 200 (Wis. Stat.s.450.11(1i)(c)) creates two additional general rules of immunity

1. “any person who, acting in good faith, delivers or dispenses an opioid antagonist to another person shall be immune from civil or criminal liability for any outcomes resulting from delivering or dispensing the opioid antagonist.”

2. “any person who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers an opioid antagonist to that person shall be immune from civil or criminal liability for any outcomes resulting from the administration of the opioid antagonist to that person.”

2013 Wisconsin Act 194 (Wis. Stat. s.961.443)

1. An “aider” is a person who does any of the following:

    • Brings another person to an emergency room, hospital, fire station, or other health care facility and makes contact with an individual who staffs the emergency room, hospital, fire station, or other health care facility if the other person is, or if a reasonable person would believe him/her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.
    • Summons and makes contact with a law enforcement officer, ambulance, emergency medical technician, or other health care provider, in order to assist another person if the other person is, or if a reasonable person would believe him/her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.
    • Calls the telephone number “911" or, in an area in which the telephone number “911" is not available, the number for an emergency medical service provider, and makes contact with an individual answering the number with the intent to obtain assistance for another person if the other person is, or if a reasonable person would believe him/her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.

2. Immunity from criminal prosecution

    • An aider is immune from prosecution for the possession of drug paraphernalia, for the possession of a controlled substance or a controlled substance analog, and for possession of a masking agent, under the circumstances surrounding or leading to his/her commission of an act described above. 

If you or someone you know has experienced an opiate overdose and would like to be contacted about opiate overdose prevention education please contact (262)896-8061.

 

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