LRB-1880/1
TJD:jld:jf
2013 - 2014 LEGISLATURE
August 1, 2013 - Introduced by Representatives Loudenbeck, Kolste, Bernard
Schaber
, Berceau, Bernier, Born, Czaja, Genrich, Hebl, Hesselbein,
Jorgensen, Kahl, Kapenga, T. Larson, Marklein, Mason, Milroy, Murphy,
Mursau, Ohnstad, A. Ott, Pasch, Pope, Riemer, Ringhand, Sargent, Smith,
Spiros, C. Taylor, Tittl, Tranel and Wright, cosponsored by Senators
Grothman, T. Cullen, Lehman and Schultz. Referred to Committee on
Government Operations and State Licensing.
AB270,1,4 1An Act to create 146.89 (1) (r) 5. to 13. and 146.89 (5) of the statutes; relating
2to:
additional providers in the volunteer health care provider program and
3proof of financial responsibility and malpractice insurance requirements for
4certain advanced practice nurses serving as volunteer health care providers.
Analysis by the Legislative Reference Bureau
Under current law, certain individuals may serve as a volunteer health care
provider by providing services at a nonprofit agency or for a school board or school
governing body while receiving no income from the practice of his or her health
profession. Currently, a licensed physician, dentist, or dental hygienist, a registered
nurse, a practical nurse, a nurse-midwife, an optometrist, a physician assistant, a
pharmacist, a chiropractor, a podiatrist, a physical therapist, a certified dietitian, a
nurse practitioner, or an individual who performs functions of a pharmacy technician
may serve as a volunteer health care provider under the program. To participate in
the volunteer health care provider program, a health care professional must submit
a joint application with a nonprofit agency, school board, or school governing body to
the Department of Administration, which may approve the application. A volunteer
health care provider providing services through a nonprofit agency must provide
services, except for dental services, without charge and is limited under current law
to providing certain services. A volunteer health care provider seeking to provide
services for a school board or school governing body must also provide proof of
satisfactory completion of any relevant competency requirements as specified by the
Department of Public Instruction and must consult with any school nurse at the

school. In a school setting the volunteer health care provider may only provide
services to students from 4-year-old kindergarten to grade 6, may only provide the
services described under current law, and must provide the services without charge
at the school. Current law makes a volunteer health care provider providing services
under the program an agent of the state for certain purposes including
representation by the attorney general in a civil action or other matter brought
before a court or administrative agency; mandatory filing of a notice of claim before
bringing a civil claim against the agent; and payment by the state of a judgment of
damages and costs against the agent when the agency is found to be acting within
the scope of employment.
This bill adds all of the following health care professionals to those who may
participate in, and receive the protections of, the volunteer health care provider
program: nurse aides, emergency medical technicians, psychologists, certified social
workers, licensed marriage and family therapists, licensed professional counselors,
advanced practice nurses who are certified to issue prescription orders, medical
assistants who hold certain certifications, health educators meeting certain criteria,
and dental assistants. Also, the bill exempts certain advanced practice nurses who
are certified to issue prescription orders from current law requirements to provide
proof of financial responsibility and maintain malpractice insurance while those
advanced practice nurses are serving as a volunteer health care provider under the
program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB270,1 1Section 1. 146.89 (1) (r) 5. to 13. of the statutes are created to read:
AB270,2,32 146.89 (1) (r) 5. A nurse aide who satisfies the requirements under s. 146.40
3(2) (a), (am), (c), (e), (em), or (g).
AB270,2,54 6. An emergency medical technician, as defined in s. 256.01 (5), who is licensed
5under s. 256.15 (5).
AB270,2,66 7. A psychologist who is licensed under ch. 455.
AB270,2,77 8. A social worker who holds a certificate granted under ch. 457.
AB270,2,98 9. A marriage and family therapist who is licensed under ch. 457 or a
9professional counselor who is licensed under ch. 457.
AB270,3,2
110. An advanced practice nurse who has a certificate to issue prescription
2orders under s. 441.16 (2).
AB270,3,53 11. A medical assistant who holds a certification from the American Association
4of Medical Assistants, American Medical Technologists, National Healthcareer
5Association, or National Center for Competency Testing.
AB270,3,86 12. A health educator who holds a certification from the National Commission
7for Health Education Credentialing or who has a degree in health education from an
8accredited institution of higher education.
AB270,3,109 13. A dental assistant who holds a certification from the Dental Assisting
10National Board.
AB270,2 11Section 2. 146.89 (5) of the statutes is created to read:
AB270,3,1512 146.89 (5) (a) While serving as a volunteer health care provider under this
13section, an advanced practice nurse who has a certificate to issue prescription orders
14under s. 441.16 (2) is considered to meet the requirements of s. 655.23, if required
15to comply with s. 655.23.
AB270,3,1816 (b) While serving as a volunteer health care provider under this section, an
17advanced practice nurse who has a certificate to issue prescription orders under s.
18441.16 (2) is not required to maintain in effect malpractice insurance.
AB270,3,1919 (End)
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