2005 WISCONSIN ACT 188
An Act to renumber and amend 146.89 (1) and 895.48 (1m); to amend 146.89 (2) (a), 146.89 (2) (c), 146.89 (2) (d), 146.89 (3) (b) (intro.), 146.89 (3) (c) and 146.89 (3) (d) (intro.); and to create 146.89 (1) (d), 146.89 (1) (g), 146.89 (1) (h), 146.89 (3r) and 895.48 (1m) (b) of the statutes; relating to: expanding the Volunteer Health Care Provider Program to include provision of services to students from 4-year-old kindergarten to grade 6 in public elementary schools, charter schools, and private schools that participate in the Milwaukee Parental Choice Program and expanding the definition of volunteer health care provider.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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1. 146.89 (1) of the statutes is renumbered 146.89 (1) (intro.) and amended to read:
146.89 (1) (intro.) In this section, "volunteer:
(r) "Volunteer health care provider" means an individual who is licensed as a physician under ch. 448, dentist or dental hygienist under ch. 447, registered nurse, practical nurse, or nurse-midwife under ch. 441, optometrist under ch. 449, or physician assistant under ch. 448 or, who is certified as a dietitian under subch. V of ch. 448, or who is a nurse practitioner, as defined in s. 255.06 (1) (d), and who receives no income from the practice of that health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency or school specified under sub. (3).
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2. 146.89 (1) (d) of the statutes is created to read:
146.89 (1) (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 Milwaukee Parental Choice Program under s. 119.23.
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3. 146.89 (1) (g) of the statutes is created to read:
146.89 (1) (g) "School" means any of the following:
1. A public elementary school.
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 Milwaukee Parental Choice Program under s. 119.23.
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4. 146.89 (1) (h) of the statutes is created to read:
146.89 (1) (h) "School board" has the meaning given in s. 115.001 (7).
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5. 146.89 (2) (a) of the statutes is amended to read:
146.89 (2) (a) 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 of administration and that 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 of administration shall provide application forms for use under this paragraph.
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6. 146.89 (2) (c) of the statutes is amended to read:
146.89 (2) (c) The department of administration 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.
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7. 146.89 (2) (d) of the statutes is amended to read:
146.89 (2) (d) Approval of an application of a volunteer health care provider is valid for one year. 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 of administration. The department of administration shall provide renewal application forms that are developed by the department of health and family services and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.
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8. 146.89 (3) (b) (intro.) of the statutes is amended to read:
146.89 (3) (b) (intro.) The Under this section, the nonprofit agency may provide the following health care services:
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9. 146.89 (3) (c) of the statutes is amended to read:
146.89 (3) (c) The Under this section, the nonprofit agency may not provide emergency medical services, hospitalization, or surgery, except as provided in par. (b) 8.
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10. 146.89 (3) (d) (intro.) of the statutes is amended to read:
146.89 (3) (d) (intro.) The 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:
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11. 146.89 (3r) of the statutes is created to read:
146.89 (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.
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.
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 provide instruction in human growth and development if the instructional program is in compliance with requirements of s. 118.019, except that the volunteer health care provider may not provide instruction on a topic specified under s. 118.019 (2) (e).
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12. 895.48 (1m) of the statutes is renumbered 895.48 (1m) (a), and 895.48 (1m) (a) (intro.), as renumbered, is amended to read:
895.48 (1m) (a) (intro.) Any Except as provided in par. (b), any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
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13. 895.48 (1m) (b) of the statutes is created to read:
895.48 (1m) (b) Paragraph (a) does not apply to health care services provided by a volunteer health care provider under s. 146.89.
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14.
Initial applicability.
(1) Volunteer health care provider program. This act first applies to applications submitted under section 146.89 (2) (a) of the statutes, as affected by this act, on the effective date of this subsection.
