Section 257.03. Volunteer practitioners indemnified.

 

(1)  Except as provided in sub. (3) , a practitioner who, during a state of emergency and in a geographic area in which the state of emergency applies, provides services for which the individual is or has been licensed, certified, registered, or, in the case of a nurse aide, qualified, is, for any claim arising from the provision of the services, a state agent of the department under ss. 165.25 (6) , 893.82 , and 895.46 and, except as provided in sub. (2) , is considered an employee of the state for worker's compensation benefits under ch. 102 if all of the following apply:

(a) The services are provided on behalf of a health care facility or mass clinic, or at the request of the department or a local health department.

(b) The health care facility, mass clinic, department, or local health department on whose behalf the practitioner provides the services does not compensate the practitioner for the services, except the health care facility, mass clinic, department, or local health department may reimburse the practitioner for travel, lodging, or meals. The practitioner's employer may compensate the practitioner for the services as long as the employer is not the health care facility, mass clinic, department, or local health department on whose behalf the services are provided.

(c) The practitioner is registered in the system under s. 257.02 .

(d) If the practitioner provides the services at a health care facility or mass clinic, the practitioner first registers in writing with the health care facility or mass clinic.

(2)  A practitioner who provides services under sub. (1) is not considered an employee of the state for worker's compensation benefits under ch. 102 if the practitioner's employer compensates the practitioner for providing the services.

(3)  A practitioner is not a state agent of the department under ss. 165.25 (6) , 893.82 , and 895.46 if the practitioner's acts or omissions involve reckless, wanton, or intentional misconduct.

2009 a. 42 ss. 251 , 270 to 273 .