LRB-3999/1
MJL:kmg:rs
2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representatives Krawczyk, McCormick, Nischke,
Jeskewitz, Ladwig, Montgomery, Van Roy, Albers, Hahn and Berceau,
cosponsored by Senator Roessler. Referred to Committee on Health.
AB984,1,3
1An Act to create 895.488 of the statutes;
relating to: immunity of volunteer
2interpreters for patients of health care providers and immunity of health care
3providers who rely on volunteer interpreters.
Analysis by the Legislative Reference Bureau
This bill grants civil liability immunity to a volunteer interpreter who
interprets communication between a patient and his or her health care provider and
to a health care provider who relies on information that the volunteer interpreter
provides if the patient consents in writing to the use of the volunteer interpreter.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB984, s. 1
4Section
1. 895.488 of the statutes is created to read:
AB984,1,6
5895.488 Immunity; volunteer interpreters and health care providers. 6(1) Definitions. In this section:
AB984,1,77
(a) "Health care provider" has the meaning given in s. 146.81 (1).
AB984,1,88
(b) "Limited English proficiency" means any of the following:
AB984,2,2
11. The inability, because of the use of a language other than English, to
2adequately understand or communicate effectively in English.
AB984,2,53
2. The inability, due to a speech impairment, hearing loss, deafness,
4deaf-blindness, or other disability, to adequately hear, understand, or communicate
5effectively in English.
AB984,2,66
(c) "Patient" includes only a patient with limited English proficiency.
AB984,2,87
(d) "Volunteer interpreter" means a person who, for no compensation, provides
8interpretation services and who is not an employee or agent of a health care provider.
AB984,2,13
9(2) Volunteer interpreter immunity. A volunteer interpreter is immune from
10civil liability for damages incurred by a patient of a health care provider resulting
11from interpretation services performed by the volunteer interpreter in connection
12with communication between the patient and the health care provider if the patient
13consents in writing to the use of the interpreter.
AB984,2,19
14(3) Health care provider immunity. A health care provider is immune from
15civil liability for damages incurred by a patient of the health care provider resulting
16from the health care provider's reliance on information concerning the patient
17furnished to the health care provider by a volunteer interpreter in connection with
18communication between the patient and the health care provider if the patient
19consents in writing to the use of the volunteer interpreter.
AB984,2,2221
(1) This act first applies to interpretation services performed on the effective
22date of this subsection.
