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:
AB385,7,86 448.03 (3) (b) No Except as provided in s. 250.042 (4) (b), no person not
7possessing the degree of doctor of osteopathy may use or assume the title "doctor of
8osteopathy" or append to the person's name the letters "D.O.".
AB385, s. 13 9Section 13. 448.03 (3) (e) of the statutes is amended to read:
AB385,7,1510 448.03 (3) (e) No Except as provided in s. 250.042 (4) (b), no person may
11designate himself or herself as a "physician assistant" or use or assume the title
12"physician assistant" or append to the person's name the words or letters "physician
13assistant" or "P.A." or any other titles, letters or designation which represents or may
14tend to represent the person as a physician assistant unless he or she is licensed as
15a physician assistant by the board.
AB385, s. 14 16Section 14. 448.61 of the statutes is amended to read:
AB385,7,23 17448.61 License required. Except as provided in s. ss. 250.042 (4) (b) and
18448.62, no person may practice podiatry, designate himself or herself as a podiatrist,
19use or assume the title "doctor of surgical chiropody", "doctor of podiatry"or "doctor
20of podiatric medicine", or append to the person's name the words or letters "doctor",
21"Dr.", "D.S.C.", "D.P.M.", "foot doctor", "foot specialist" or any other title, letters or
22designation which represents or may tend to represent the person as a podiatrist
23unless the person is licensed under this subchapter.
AB385, s. 15 24Section 15. 448.66 of the statutes is amended to read:
AB385,8,5
1448.66 Malpractice. A Except as provided in s. 250.042 (4) (b), a person who
2practices podiatry without having a license under this subchapter may be liable for
3malpractice, and his or her ignorance of a duty ordinarily performed by a licensed
4podiatrist shall not limit his or her liability for an injury arising from his or her
5practice of podiatry.
AB385, s. 16 6Section 16. 450.03 (1) (h) of the statutes is created to read:
AB385,8,87 450.03 (1) (h) The provision of services by a health care provider under s.
8250.042 (4) (b).
AB385, s. 17 9Section 17. 453.05 (1) of the statutes is amended to read:
AB385,8,1610 453.05 (1) Except as provided under sub. (2) and s. 250.042 (4) (b), no person
11may offer to practice, advertise to practice or practice veterinary medicine, or use,
12in connection with his or her name, any title or description which may convey the
13impression that he or she is a veterinarian, without a license or temporary permit
14from the examining board. For purposes of this subsection, a person who makes
15extra-label use of a drug on an animal without a prescription or in any manner not
16authorized by that prescription is considered to be practicing veterinary medicine.
AB385, s. 18 17Section 18. 893.82 (2) (d) 1n. of the statutes is created to read:
AB385,8,1918 893.82 (2) (d) 1n. A health care provider who provides services under s. 250.042
19(4), for the provision of those services.
AB385, s. 19 20Section 19. 895.46 (5) (am) of the statutes is created to read:
AB385,8,2221 895.46 (5) (am) A health care provider who provides services under s. 250.042
22(4).
AB385,8,2323 (End)
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