2015 - 2016 LEGISLATURE
November 13, 2015 - Introduced by Representatives Katsma, Horlacher,
Vorpagel, Kremer, Gannon, Steffen, R. Brooks, Thiesfeldt, Murphy, Tittl,
Kleefisch, A. Ott, Allen and Rohrkaste, cosponsored by Senators LeMahieu
and Stroebel. Referred to Committee on Criminal Justice and Public Safety.
1An Act to amend
968.255 (3); and to create
895.535 of the statutes;
2to: providing immunity from civil and criminal liability to certain health care
3providers for performing a body cavity search.
Analysis by the Legislative Reference Bureau
This bill confers immunity from civil and criminal liability for performing
certain body cavity searches. Under current law, a person may be subject to a search
of his or her body, including a body cavity search, when he or she is arrested for any
felony, for certain misdemeanors, for any misdemeanor or civil violation if there is
probable cause to believe that the person is concealing a weapon or concealing
something that would constitute evidence of the offense for which he or she has been
detained, or if the person will be held or detained with another person. Under
current law, only a physician, physician assistant, or registered nurse may conduct
a body cavity search.
This bill confers immunity from civil and criminal liability to a physician,
physician assistant, or registered nurse who performs a body cavity search under the
allowed circumstances. The immunity extends to the employer of the physician,
physician assistant, or registered nurse, and to the health care facility where the
search is conducted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
895.535 of the statutes is created to read:
2895.535 Civil and criminal liability exemption; body cavity search. (1) 3
Any physician, physician assistant, or registered nurse licensed to practice in this 4
state conducting a body cavity search pursuant to s. 968.255 is immune from any civil 5
or criminal liability for the act, except for civil liability for negligence in the 6
performance of the act.
Any employer of the person under sub. (1) or any health care facility where 8
the search is conducted by that person has the same immunity from liability under 9
968.255 (3) of the statutes is amended to read:
No person other than a physician, physician assistant or registered 12
nurse licensed to practice in this state may conduct a body cavity search. A
13physician, physician assistant, or registered nurse acting under this section, the
14employer of any such person, and any health care facility where the search is
15conducted have immunity from civil or criminal liability under s. 895.535.