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 Wisconsin Statutes (Last Updated: January 10, 2017)
 Chapter 146. Miscellaneous Health Provisions

  Section 146.89. Volunteer health care provider program.  

Latest version.
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    (1)  In this section:
    (d) “Governing body" means the governing body of any of the following:
    1. A charter school, as defined in s. 115.001 (1) .
    2. A private school, as defined in s. 115.001 (3r) , that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 or that, pursuant to s. 115.999 (3) , 119.33 (2) (c) 3. , or 119.9002 (3) (c) , is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33 , subch. IX of ch. 115 , or subch. II of ch. 119 .
    (g) “School" means any of the following:
    1. A public elementary school, including an elementary school transferred to an opportunity schools and partnership program under s. 119.33 , subch. IX of ch. 115 , or subch. II of ch. 119 .
    2. A charter school, as defined in s. 115.001 (1) .
    3. A private school, as defined in s. 115.001 (3r) , that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 .
    (h) “School board" has the meaning given in s. 115.001 (7) .
    (r) “Volunteer health care provider" means an individual who is one of the following and who receives no income from the practice of his or her health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency specified under sub. (3) or for the school board or governing body specified under sub. (3r) :
    1. Licensed as a physician under ch. 448 , a dentist or dental hygienist under ch. 447 , a registered nurse, practical nurse, or nurse-midwife under ch. 441 , an optometrist under ch. 449 , a physician assistant under ch. 448 , a pharmacist under ch. 450 , a chiropractor under ch. 446 , a podiatrist under subch. IV of ch. 448 , or a physical therapist under subch. III of ch. 448 .
    2. Certified as a dietitian under subch. V of ch. 448 .
    3. A nurse practitioner, as defined in s. 255.06 (1) (d) .
    4. An individual who performs functions described for pharmacy technicians in rules promulgated by the pharmacy examining board.
    5. An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual who is described in subds. 1. to 4. , except a dentist or dental hygienist, is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration.
    5m. A psychologist who is licensed under ch. 455 .
    6. A social worker who holds a certificate granted under ch. 457 .
    7. A marriage and family therapist who is licensed under ch. 457 or a professional counselor who is licensed under ch. 457 .
    8. An advanced practice nurse who has a certificate to issue prescription orders under s. 441.16 (2) .
    (2)  
    (a) Subject to par. (am) , a volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency, school board, or governing body to the department and the department approves the application. If the volunteer health care provider submits a joint application with a school board or governing body, the application shall include a statement by the school board or governing body that certifies that the volunteer health care provider has received materials that specify school board or governing body policies concerning the provision of health care services to students and has agreed to comply with the policies. The department shall provide application forms for use under this paragraph.
    (am)
    1. A volunteer health care provider described in sub. (1) (r) 5. may submit a joint application only with a nonprofit agency to participate under this section.
    2. No volunteer health care provider described in sub. (1) (r) 5. may provide services under this section for more than 60 days in any 90 day period.
    (b) The department may send an application to the medical examining board for evaluation. The medical examining board shall evaluate any application submitted by the department and return the application to the department with the board's recommendation regarding approval.
    (br) The department may not disapprove the application solely on the basis that the nonprofit agency is organized under the laws of a state other than this state.
    (c) The department shall notify the volunteer health care provider and the nonprofit agency, school board, or governing body of the department's decision to approve or disapprove the application.
    (d) Approval of an application of a volunteer health care provider is valid for one year. The department may withdraw approval of an application for failure of the nonprofit agency to comply with this section. If a volunteer health care provider wishes to renew approval, he or she shall submit a joint renewal application with a nonprofit agency, school board, or governing body to the department. The department shall provide renewal application forms that are developed by the department and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.
    (e) The volunteer health care provider shall maintain his or her credentials for his or her health care profession when providing any services under this section.
    (3)  Any volunteer health care provider and nonprofit agency whose joint application is approved under sub. (2) shall meet the following applicable conditions:
    (a) The volunteer health care provider shall provide services under par. (b) without charge, except as provided in sub. (3m) , at the nonprofit agency, if the joint application of the volunteer health care provider and the nonprofit agency has received approval under sub. (2) (a) .
    (b) Under this section, the nonprofit agency may provide the following health care services:
    1. Diagnostic tests.
    2. Health education.
    3. Information about available health care resources.
    4. Office visits.
    5. Patient advocacy.
    6. Prescriptions.
    7. Referrals to health care specialists.
    8. Dental services, including tooth extractions and other procedures done under local anesthesia only and any necessary suturing related to the extractions, performed by a dentist who is a volunteer health provider; and dental hygiene services, performed by a dental hygienist who is a volunteer health provider.
    9. Any outpatient surgery that is permitted under the volunteer health care provider's license under sub. (1) (r) 1. and for which the provider has the necessary training, experience, equipment, and facilities.
    (c) Under this section, the nonprofit agency may not provide emergency medical services, hospitalization, or surgery, except as provided in par. (b) 8.
    (d) Under this section, the nonprofit agency shall provide health care services primarily to low-income persons who are uninsured and who are not recipients of any of the following:
    2. Except as provided in sub. (3m) , Medical Assistance under subch. IV of ch. 49 .
    3. Medicare under 42 USC 1395-1395ccc .
    (e) Under this section, the nonprofit agency shall assume responsibility for approving individuals to be volunteer health care providers.
    (f) Under this section, the nonprofit agency shall research and validate an individual's credentials before submitting the joint application to be a volunteer health care provider.
    (g) The nonprofit agency shall enter the list of volunteer health care providers providing services at that nonprofit agency into an online, electronic system developed by the department of administration.
    (h) The nonprofit agency shall monitor volunteer health care providers providing services at that nonprofit agency and shall terminate a provider's participation in the program under this section with that nonprofit agency when the agency questions the credentials of that provider or when the agency disapproves of the practices of that provider.
    (j) The nonprofit agency shall prepare and submit to the department an annual report that includes the types and number of health care services provided by the nonprofit agency under this section.
    (3m)  A volunteer health care provider who is a dentist may provide dental services or a volunteer health care provider who is a dental hygienist may provide dental hygiene services, to persons who are recipients of Medical Assistance, if all of the following apply:
    (a) The nonprofit agency's fees for these services apply to the recipients and to persons who are not recipients of Medical Assistance.
    (b) The agency accepts discounted payments, based on ability to pay, from the persons who are not Medical Assistance recipients.
    (c) The volunteer health care provider is certified under s. 49.45 (2) (a) 11. a. , the department has waived the requirement for certification, or the volunteer health care provider is not required to be certified under s. 49.45 (2) (a) 11. a.
    (3r)  All of the following apply to a volunteer health care provider whose joint application with a school board or relevant governing body is approved under sub. (2) :
    (a) Before first providing health care services in a school, the volunteer health care provider shall provide to the school board or relevant governing body proof of satisfactory completion of any competency requirements that are relevant to the volunteer health care provider, as specified by the department of public instruction by rule, and shall consult with the school nurse, if any, of the school.
    (b) Under this subsection, the volunteer health care provider may provide only to students from 4-year-old kindergarten to grade 6 the following health care services:
    1. Except as specified in par. (c) , the health care services specified in sub. (3) (b) 1. to 5. and 7. , other than referrals to reproductive health care specialists, and in sub. (3) (b) 8. and 9.
    2. First aid for illness or injury.
    3. Except as specified in par. (c) , the administration of drugs, as specified in s. 118.29 (2) (a) 1. to 3.
    4. Health screenings.
    5. Any other health care services designated by the department of public instruction by rule.
    (c) Under this subsection, the volunteer health care provider may not provide any of the following:
    1. Hospitalization.
    2. Surgery, except as provided in par. (b) 2. and 5. and sub. (3) (b) 9.
    3. A referral for abortion, as defined in s. 48.375 .
    4. A contraceptive article, as defined in s. 450.155 (1) (a) .
    5. A pregnancy test.
    (d) Any health care services provided under par. (b) shall be provided without charge at the school and shall be available to all students from 4-year-old kindergarten to grade 6 regardless of income.
    (e) Under this subsection, a volunteer health care provider may not provide instruction in human growth and development under s. 118.019 .
    (4)  Except as provided in sub. (5) , volunteer health care providers who provide services under this section are, for the provision of these services, state agents of the department for purposes of ss. 165.25 (6) , 893.82 (3) and 895.46 . This state agency status does not apply to a volunteer health care provider for whom the department has withdrawn approval of the application under sub. (2) (d) . This state agency status applies regardless of whether the volunteer health care provider has coverage under a policy of health care liability insurance that would extend to services provided by the volunteer health care provider under this section; and the limitations under s. 895.46 (1) (a) on the payment by the state of damages and costs in excess of any insurance coverage applicable to the agent and on the duty of a governmental unit to provide or pay for legal representation do not apply. Any policy of health care liability insurance providing coverage for services of a health care provider may exclude coverage for services provided by the health care provider under this section.
    (5)  
    (a) A volunteer health care provider who meets all of the following criteria is not a state agent under sub. (4) :
    1. The volunteer health care provider is described in sub. (1) (r) 5.
    2. The volunteer health care provider has sufficient liability insurance coverage, as determined by the department of health services.
    3. The volunteer health care provider submits a joint application with a nonprofit agency that has sufficient liability coverage, as determined by the department of health services.
    (b) A volunteer health care provider described in par. (a) is not liable for any civil damages for any act or omission resulting from providing services under this section, unless any of the following are true:
    1. The act or omission is the result of the volunteer health care provider's gross negligence or willful misconduct.
    2. The act or omission violates a state statute or rule.
    (6)  
    (a) While serving as a volunteer health care provider under this section, an advanced practice nurse who has a certificate to issue prescription orders under s. 441.16 (2) is considered to meet the requirements of s. 655.23 , if required to comply with s. 655.23 .
    (b) While serving as a volunteer health care provider under this section, an advanced practice nurse who has a certificate to issue prescription orders under s. 441.16 (2) is not required to maintain in effect malpractice insurance.