Governor Walker Signs Assembly Bill 538 into Law
It is Act 140.
MADISON – Governor Scott Walker signed Assembly Bill (AB) 538 into law today at the Wisconsin State Capitol. AB 538 prohibits the transfer of an individual from a hospital’s emergency department to another facility for emergency detention until a hospital employee or medical staff member determines the transfer is medically appropriate.
In addition, the bill specifies that a health care provider can satisfy his or her duty to warn about an individual whom they believe has a substantial probability of harming his/herself of others by 1) contacting law enforcement; 2) contacting the county department who needs to approve the emergency detention; 3) by provider approving the emergency detention themselves, if the provider is an agent of that county department; 4) or taking any other action a reasonable provider would take to fulfill the duty to warn.
The bill also provides immunity for actions taken in good faith to warn of dangerousness.
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