2005 WISCONSIN ACT 315
An Act to renumber 146.56 (1); and to create 146.38 (5), 146.56 (1g), 146.56 (3), 146.56 (4) and 146.56 (5) of the statutes; relating to: confidentiality of certain information and documents and privilege and immunity from civil liability for certain persons under the statewide trauma care system.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
315,1d
Section 1d. 146.38 (5) of the statutes is created to read:
146.38 (5) This section does not apply to s. 146.56.
315,1g
Section 1g. 146.56 (1g) of the statutes is created to read:
146.56 (1g) In this section, "performance improvement" means a method of evaluating and improving processes of trauma patient care that emphasizes a multidisciplinary approach to problem solving.
315,1j
Section 1j. 146.56 (1) of the statutes is renumbered 146.56 (1r).
315,1m
Section 1m. 146.56 (3) of the statutes is created to read:
146.56 (3) Except as provided in sub. (4), all information and documents provided by a hospital under sub. (2) and all information and documents procured by or furnished to the department, the statewide trauma advisory council, or regional trauma advisory councils with respect to performance improvement activities, certifications by hospitals under sub. (2), and documentation of the bases for hospitals' certifications under sub. (2) are immune from discovery under ch. 804, confidential, and privileged and may not be used or admitted into evidence in a civil action. With respect to a communication made by a staff member of the department or by an individual serving on the statewide trauma advisory council or a regional trauma advisory council, and to a finding or recommendation made under this section by the department, the statewide trauma advisory council, or a regional trauma advisory council, all of the following apply:
(a) The staff member or individual may not be examined in an action for civil damages with respect to the communication, finding, or recommendation.
(b) The staff member or individual has immunity from civil liability, with respect to the communication, finding, or recommendation, for any of the following:
1. An action taken or omitted by the staff member or individual in an official capacity.
2. A statement made in good faith by the staff member or individual in an official capacity.
315,2m
Section 2m. 146.56 (4) of the statutes is created to read:
146.56 (4) Subsection (3) does not apply to the release of information and documents specified in sub. (3) created apart from a performance improvement activity or apart from a certification by a hospital under sub. (2) that are maintained by or for a hospital, the department, the statewide trauma advisory council, or a regional trauma advisory council for the particular purpose of diagnosing, treating, or documenting care provided to a particular patient or for another purpose, upon a showing by clear and convincing evidence that the information or documents are otherwise unavailable.
315,2r
Section 2r. 146.56 (5) of the statutes is created to read:
146.56 (5) This section does not apply to s. 146.38.
