(a) "Health care provider" has the meaning given in s. 146.38 (1) (b).
(b) "Regulatory agency" means the department of regulation and licensing or the division within the department of health services that conducts quality assurance activities related to health care providers.
(2) Except as provided in sub. (3), the following may not be used as evidence in a civil or criminal action brought against a health care provider:
(a) Reports that a regulatory agency requires a health care provider to give or disclose to that regulatory agency.
(b) Statements of, or records of interviews with, employees of a health care provider related to the regulation of the health care provider obtained by a regulatory agency.
(3) This section does not prohibit the use of the reports, statements, and records described in sub. (2) in any administrative proceeding conducted by a regulatory agency. This section does not apply to reports protected under s. 146.997.
2,33
Section
33. 907.01 of the statutes is renumbered 907.01 (intro.) and amended to read:
907.01 Opinion testimony by lay witnesses. (intro.) If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally all of the following:
(1) Rationally based on the perception of the witness and helpful.
(2) Helpful to a clear understanding of the witness's testimony or the determination of a fact in issue.
2,34
Section
34. 907.01 (3) of the statutes is created to read:
907.01 (3) Not based on scientific, technical, or other specialized knowledge within the scope of a witness under s. 907.02 (1).
2,34m
Section 34m. 907.02 of the statutes is renumbered 907.02 (1) and amended to read:
907.02 (1) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if the testimony is based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.
2,37
Section
37. 907.02 (2) of the statutes is created to read:
907.02 (2) Notwithstanding sub. (1), the testimony of an expert witness may not be admitted if the expert witness is entitled to receive any compensation contingent on the outcome of any claim or case with respect to which the testimony is being offered.
2,38
Section
38. 907.03 of the statutes is amended to read:
907.03 Bases of opinion testimony by experts. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion or inference substantially outweighs their prejudicial effect.
2,39
Section
39. 940.08 (1) of the statutes is amended to read:
940.08 (1) Whoever Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class G felony.
2,40
Section
40. 940.08 (3) of the statutes is created to read:
940.08 (3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
2,41
Section
41. 940.24 (1) of the statutes is amended to read:
940.24 (1) Whoever Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
2,42
Section
42. 940.24 (3) of the statutes is created to read:
940.24 (3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
2,43
Section
43. 940.295 (3) (a) 3. of the statutes is amended to read:
940.295 (3) (a) 3. Abuses Except as provided in par. (am), abuses, with negligence, or neglects a patient or a resident.
2,44
Section
44. 940.295 (3) (am) of the statutes is created to read:
940.295 (3) (am) Paragraph (a) 3. does not apply to a health care provider acting in the scope of his or her practice or employment who commits an act or omission of mere inefficiency, unsatisfactory conduct, or failure in good performance as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith error in judgment or discretion.
2,45
Section
45.
Initial applicability.
(1) Crimes. The treatment of sections 940.08 (1) and (3), 940.24 (1) and (3), and 940.295 (3) (a) 3. and (am) of the statutes first applies to acts or omissions committed on the effective date of this subsection.
(2) Disclosure and release of records or information. The treatment of section 146.38 (1m), (2), (3) (d) and (e), and (3m) of the statutes first applies to disclosures or releases occurring on the effective date of this subsection.
(3) Use of records or information. The treatment of section 146.38 (2) and (2m) of the statutes first applies to use of records or information on the effective date of this subsection.
(4) Evidence. The treatment of section 904.16 of the statutes first applies to health care provider reports received, and statements of, or records of interviews with, employees of a health care provider obtained, on the effective date of this subsection.
(5) Civil actions. The treatment of sections 230.85 (3) (b), 802.10 (7), 809.103 (2) (a), 814.04 (intro.), 814.29 (3) (a), 895.043 (6), 895.044, 895.045 (3), 895.046, 895.047, and 907.03 of the statutes, the renumbering and amendment of sections 907.01 and 907.02 of the statutes, and the creation of sections 907.01 (3) and 907.02 (2) of the statutes first apply to actions or special proceedings that are commenced on the effective date of this subsection.
