LRB-1811/2
DAK&GMM:wlj:rs
2005 - 2006 LEGISLATURE
April 27, 2005 - Introduced by Representatives Huebsch, Nerison, Freese, Hines,
Vukmir, Davis, Hahn, Musser, Krawczyk, Townsend, Ott, Owens, LeMahieu,
Gunderson, Petrowski, Albers, Vrakas
and Shilling, cosponsored by
Senators Roessler, Kanavas, Grothman and Kapanke. Referred to Committee
on Public Health.
AB385,1,7 1An Act to amend 102.07 (7m), 165.25 (6) (b), 441.06 (4), 441.10 (3) (c), 441.15
2(2) (intro.), 447.03 (1) (intro.), 448.03 (3) (a) (intro.), 448.03 (3) (b), 448.03 (3) (e),
3448.61, 448.66 and 453.05 (1); and to create 102.29 (10), 250.042 (4), 441.15 (5)
4(a) 5., 448.03 (2) (p), 450.03 (1) (h), 893.82 (2) (d) 1n. and 895.46 (5) (am) of the
5statutes; relating to: designation of state agency status for certain health care
6providers who provide services during a state of emergency related to public
7health or a state of emergency declared by a city, village, or town.
Analysis by the Legislative Reference Bureau
Under current law, if the governor declares a state of emergency related to
public health and designates the Department of Health and Family Services (DHFS)
as the lead state agency to respond to that emergency, DHFS must act as the public
health authority during the emergency. As such, among other things, DHFS may
compel vaccinations and must consult with local health departments and individual
health providers. Also, a city, village, or town may by ordinance or resolution declare
an emergency existing within the city, village, or town under certain circumstances,
including conditions that impair health or medical care.
Currently, persons are prohibited from practicing or attempting to practice
professional nursing, engaging in the practice of nurse-midwifery, practicing
medicine and surgery, practicing veterinary medicine, practicing as a physician

assistant, engaging in the practice of pharmacy, practicing podiatry, or practicing or
offering to practice dentistry, unless licensed or certified, as appropriate. In addition,
with certain exceptions, a person without the appropriate license or certificate may
not hold himself or herself out as a trained, certified, or graduate nurse, a licensed
practical nurse, a doctor of medicine, a doctor of osteopathy, a physician assistant,
a pharmacist, a doctor of dental surgery, a podiatrist, or a veterinarian. With certain
exceptions, a person may not practice nurse-midwifery unless he or she has in effect
malpractice liability insurance in the minimum amount specified by DHFS by rule.
Moreover, under current law, an individual who has been granted status as a
state agent may be defended by the attorney general in a civil action or other matter
before a court or administrative agency for acts the individual performs during the
lawful course of his or her duties, amounts recoverable in the civil action or other
matter are limited to $250,000, and judgments in the actions or other matters must
be paid by the state after payment under any liability insurance policy possessed by
the individual.
Finally under current law, worker's compensation is the exclusive remedy for
an employee who is injured while performing services growing out of and incidental
to his or her employment, except that, subject to certain exceptions, an injured
employee may claim worker's compensation from his or her employer and bring an
action in tort against a third party for damages by reason of the injury. Currently,
certain volunteers, such as volunteer fire fighters, volunteers of an emergency
management unit, and, if certain conditions are met, state employees providing
services to the American Red Cross in a particular disaster are also considered
employees for purposes of worker's compensation benefits.
This bill designates as a state agent of DHFS a health care provider who during
a state of emergency related to public health provides to a health care facility, as
defined in the bill, voluntary, unpaid health care services for which the provider has
been licensed or certified or has met certain requirements. The health care provider
may accept reimbursement for travel, lodging, and meals. "Health care provider" is
defined in the bill to mean an individual who, at any time within ten years before a
state of emergency related to public health is declared, has met requirements for a
nurse's assistant, has been licensed as a physician, physician assistant, registered
nurse, licensed practical nurse, nurse-midwife, pharmacist, podiatrist, dentist, or
veterinarian, or has been certified as a respiratory care practitioner. The state
agency status does not apply to a physician, physician assistant, registered nurse,
licensed practical nurse, nurse-midwife, pharmacist, podiatrist, dentist, or
veterinarian whose license has, for cause, been revoked, limited, suspended, or
denied renewal, or to a respiratory care practitioner whose certificate has, for cause,
been limited, suspended, or revoked. The bill also excepts the health care providers
designated as state agents from the prohibitions on practicing or attempting to
practice without a license or certificate and from the prohibitions on holding
themselves out, without a license or certificate, as trained, certified, or licensed for
performance of services.
The bill also designates as an employee of the state for purposes of worker's
compensation benefits a health care provider who provides volunteer, unpaid health

care services to a health care facility during a state of emergency related to public
health and prohibits such a volunteer health care provider who makes a claim for
worker's compensation from making a claim or bringing an action in tort against the
health care facility that accepted those services.
For further information see the state and local 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:
AB385, s. 1 1Section 1. 102.07 (7m) of the statutes is amended to read:
AB385,3,82 102.07 (7m) An employee, volunteer, or member of an emergency management
3unit is an employee for purposes of this chapter as provided in s. 166.03 (8) (d), and
4a member of a regional emergency response team who is acting under a contract
5under s. 166.215 (1) is an employee of the state for purposes of this chapter as
6provided in s. 166.215 (4), and a health care provider who is providing volunteer,
7unpaid health care services to a health care facility during a state of emergency is
8an employee of the state for purposes of this chapter as provided in s. 250.042 (4) (b)
.
AB385, s. 2 9Section 2. 102.29 (10) of the statutes is created to read:
AB385,3,1510 102.29 (10) No health care provider who, under s. 250.042 (4) (b), is considered
11to be an employee of the state for purposes of worker's compensation coverage while
12providing volunteer, unpaid health care services to a health care facility during a
13state of emergency and who makes a claim for compensation under this chapter may
14make a claim or bring an action in tort against the health care facility that accepted
15those services.
AB385, s. 3 16Section 3. 165.25 (6) (b) of the statutes is amended to read:
AB385,4,217 165.25 (6) (b) Volunteer health care providers who provide services under s.
18146.89 or 250.042 (4) are, for the provision of those services, covered by this section
19and shall be considered agents of the department of health and family services for

1purposes of determining which agency head may request the attorney general to
2appear and defend them.
AB385, s. 4 3Section 4. 250.042 (4) of the statutes is created to read:
AB385,4,44 250.042 (4) (a) In this subsection:
AB385,4,55 1. "Health care facility" has the meaning given in s. 150.84 (2).
AB385,4,136 2. "Health care provider" means an individual who, at any time within 10 years
7before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has met
8requirements for a nurse's assistant under s. 146.40 (2) (a), (b), (bm), (c), (e), (em),
9(f), or (g), has been licensed as a physician, a physician assistant, or a podiatrist
10under ch. 448, licensed as a registered nurse, licensed practical nurse, or
11nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a
12pharmacist under ch. 450, licensed as a veterinarian under ch. 453, or has been
13certified as a respiratory care practitioner under ch. 448.
AB385,4,2114 (b) A health care provider who, during a state of emergency declared under s.
15166.03 (1) (b) 1. or 166.23, provides health care services for which the health care
16provider has been licensed or certified or, as a nurse's assistant, has met
17requirements, is, for the provision of these services, a state agent of the department
18for purposes of ss. 165.25 (6), 893.82, and 895.46 and is an employee of the state for
19purposes of worker's compensation benefits. The health care services shall be
20provided to a health care facility on a voluntary, unpaid basis, except that the health
21care provider may accept reimbursement for travel, lodging, and meals.
AB385,4,2222 (c) Paragraph (b) does not apply to any of the following:
AB385,4,2423 1. A physician or physician assistant whose license has been limited,
24suspended, or revoked under s. 448.02 (3) (c).
AB385,5,2
12. A respiratory care practitioner whose certificate has been limited,
2suspended, or revoked under s. 448.02 (3) (c).
AB385,5,43 3. A registered nurse, licensed practical nurse, or nurse-midwife whose license
4has been revoked, limited, suspended, or denied renewal under s. 441.07 (1).
AB385,5,65 4. A pharmacist whose license has been revoked, limited, suspended, or denied
6renewal under s. 450.10 (1) (b).
AB385,5,87 5. A podiatrist whose license has been limited, suspended, or revoked under s.
8448.675 (1) or suspended under s. 448.675 (2).
AB385,5,109 6. A dentist whose license has been limited, suspended, or revoked under s.
10447.07.
AB385,5,1211 7. A veterinarian whose license has been limited, suspended, or revoked under
12s. 453.07.
AB385, s. 5 13Section 5. 441.06 (4) of the statutes is amended to read:
AB385,5,2214 441.06 (4) No Except as provided in s. 250.042 (4) (b), no person may practice
15or attempt to practice professional nursing, nor use the title, letters, or anything else
16to indicate that he or she is a registered or professional nurse unless he or she is
17licensed under this section. No Except as provided in s. 250.042 (4) (b), no person not
18so licensed may use in connection with his or her nursing employment or vocation
19any title or anything else to indicate that he or she is a trained, certified or graduate
20nurse. This subsection does not apply to any person who is licensed to practice
21nursing by a jurisdiction, other than this state, that has adopted the nurse licensure
22compact under s. 441.50.
AB385, s. 6 23Section 6. 441.10 (3) (c) of the statutes is amended to read:
AB385,6,1124 441.10 (3) (c) No license is required for practical nursing, but, except as
25provided in s. 250.042 (4) (b),
no person without a license may hold himself or herself

1out as a licensed practical nurse or licensed attendant, use the title or letters
2"Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.",
3"Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to
4indicate that he or she is a licensed practical nurse or licensed attendant. No licensed
5practical nurse or licensed attendant may use the title, or otherwise seek to act as
6a registered, licensed, graduate or professional nurse. Anyone violating this
7subsection shall be subject to the penalties prescribed by s. 441.13. The board shall
8grant without examination a license as a licensed practical nurse to any person who
9was on July 1, 1949, a licensed attendant. This paragraph does not apply to any
10person who is licensed to practice practical nursing by a jurisdiction, other than this
11state, that has adopted the nurse licensure compact under s. 441.50.
AB385, s. 7 12Section 7. 441.15 (2) (intro.) of the statutes is amended to read:
AB385,6,1513 441.15 (2) (intro.) No Except as provided in s. 250.042 (4) (b), no person may
14engage in the practice of nurse-midwifery unless each of the following conditions is
15satisfied:
AB385, s. 8 16Section 8. 441.15 (5) (a) 5. of the statutes is created to read:
AB385,6,1817 441.15 (5) (a) 5. The provision of services by a nurse-midwife under s. 250.042
18(4) (b).
AB385, s. 9 19Section 9. 447.03 (1) (intro.) of the statutes is amended to read:
AB385,6,2220 447.03 (1) Dentists. (intro.) Except as provided under sub. (3) and s. 250.042
21(4) (b)
, no person may do any of the following unless he or she is licensed to practice
22dentistry under this chapter:
AB385, s. 10 23Section 10. 448.03 (2) (p) of the statutes is created to read:
AB385,6,2524 448.03 (2) (p) The provision of services by a health care provider under s.
25250.042 (4) (b).
AB385, s. 11
1Section 11. 448.03 (3) (a) (intro.) of the statutes is amended to read:
AB385,7,42 448.03 (3) (a) (intro.) No Except as provided in s. 250.042 (4) (b), no person may
3use or assume the title "doctor of medicine" or append to the person's name the letters
4"M.D." unless one of the following applies:
AB385, s. 12 5Section 12. 448.03 (3) (b) of the statutes is amended to read:
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