LRB-3899/1
TJD:jld&sac:rs
2013 - 2014 LEGISLATURE
January 13, 2014 - Introduced by Representative Severson, cosponsored by
Senator Vukmir. Referred to Committee on Health.
AB619,1,6 1An Act to amend 146.89 (2) (a), 146.89 (4), 165.25 (6) (b), 655.003 (3), 893.82 (2)
2(d) 1m. and 895.46 (5) (a); and to create 146.89 (1) (r) 5., 146.89 (2) (am), 146.89
3(2) (br), 146.89 (3) (e) to (i) and 146.89 (5) of the statutes; relating to: allowing
4health care providers licensed outside the state to participate in and
5requirements on nonprofit agencies in the volunteer health care provider
6program.
Analysis by the Legislative Reference Bureau
Under current law, certain individuals may serve as volunteer health care
providers by providing services through a nonprofit agency or for a school board or
school governing body while receiving no income from the practice of his or her health
profession. Currently, a licensed physician, a licensed dentist, a licensed dental
hygienist, a registered nurse, a practical nurse, a nurse-midwife, an optometrist, a
physician assistant, a pharmacist, a chiropractor, a podiatrist, a physical therapist,
a certified dietician, a nurse practitioner, or an individual who performs functions
of a pharmacy technician may serve as a volunteer health care provider under the
program. To participate in the volunteer health care provider program, a health care
professional must submit a joint application with a nonprofit agency, school board,
or school governing body to the Department of Administration (DOA), which may
approve the application. A volunteer health care provider providing services
through a nonprofit agency must provide services, except for dental services, without

charge and is limited under current law to providing certain services. A volunteer
health care provider seeking to provide services for a school board or school
governing body must meet certain requirements and consult with any school nurse
and may only provide certain services to certain students without charge at the
school.
Current law makes a volunteer health care provider providing services under
the program an agent of the state for certain purposes including representation by
the attorney general in a civil action or other matter brought before a court or
administrative agency; mandatory filing of a notice of claim before bringing a civil
claim against the agent; and payment by the state of a judgment of damages and
costs against the agent when found to be acting within the scope of employment.
This bill allows an individual who holds a valid, unexpired license, certification,
or registration issued by another state or territory that authorizes or qualifies the
individual to perform acts that are substantially the same as those acts that an
individual who is currently allowed to volunteer in the program is licensed or
certified to perform and who performs acts that are within the scope of that license,
certification, or registration (out-of-state volunteer) to participate in the volunteer
health care provider program. An applicant who is licensed, certified, or registered
in a state outside of Wisconsin may only make a joint application with a nonprofit
agency, and thus, may not provide volunteer services under the program at a school.
The bill prohibits the DOA from disapproving an application based solely on the
nonprofit agency being organized under the laws of a state other than Wisconsin.
The bill also prohibits an out-of-state volunteer from providing services under the
program for more than 60 days in any 90 day period. Under the bill, however, an
out-of-state volunteer who has sufficient liability insurance coverage and who
submits a joint application with a nonprofit agency that has sufficient liability
coverage is not an agent of the state for liability purposes. Instead the bill provides
that an out-of-state volunteer who meets those criteria is not liable for any civil
damages for any act or omission resulting from providing services through the
volunteer health care provider program, unless the act or omission is the result of the
out-of-state volunteer's gross negligence or willful misconduct or the act or omission
violates a state statute or rule.
The bill places requirements on the nonprofit agencies that apply jointly with
health care professionals to participate in the volunteer health care provider
program. Under the bill, the nonprofit agency must assume responsibility for
approving the health care professionals and must research and validate the
credentials of those health care professionals before submitting the joint application
to be a volunteer health care provider. The bill requires the nonprofit agency to enter
the list of volunteer health care providers providing services at that agency into an
online, electronic system that is developed by DOA. The bill requires the nonprofit
agency to monitor its volunteer health care providers and terminate a provider's
participation in the program when the agency questions the provider's credentials
or disapproves of the practices of that provider. The bill also requires the nonprofit
agency to prepare and submit to DOA an annual report including the types and
number of health care services provided by the nonprofit agency under the program.

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:
AB619,1 1Section 1. 146.89 (1) (r) 5. of the statutes is created to read:
AB619,3,72 146.89 (1) (r) 5. An individual who holds a valid, unexpired license,
3certification, or registration issued by another state or territory that authorizes or
4qualifies the individual to perform acts that are substantially the same as those acts
5that an individual who is described in subds. 1. to 4. is licensed or certified to perform
6and who performs acts that are within the scope of that license, certification, or
7registration.
AB619,2 8Section 2. 146.89 (2) (a) of the statutes is amended to read:
AB619,3,189 146.89 (2) (a) A Subject to par. (am), a volunteer health care provider may
10participate under this section only if he or she submits a joint application with a
11nonprofit agency, school board, or governing body to the department of
12administration and that department approves the application. If the volunteer
13health care provider submits a joint application with a school board or governing
14body, the application shall include a statement by the school board or governing body
15that certifies that the volunteer health care provider has received materials that
16specify school board or governing body policies concerning the provision of health
17care services to students and has agreed to comply with the policies. The department
18of administration shall provide application forms for use under this paragraph.
AB619,3 19Section 3. 146.89 (2) (am) of the statutes is created to read:
AB619,4,3
1146.89 (2) (am) 1. A volunteer health care provider described in sub. (1) (r) 5.
2may submit a joint application only with a nonprofit agency to participate under this
3section.
AB619,4,54 2. No volunteer health care provider described in sub. (1) (r) 5. may provide
5services under this section for more then 60 days in any 90 day period.
AB619,4 6Section 4. 146.89 (2) (br) of the statutes is created to read:
AB619,4,97 146.89 (2) (br) The department of administration may not disapprove the
8application solely on the basis that the nonprofit agency is organized under the laws
9of a state other than this state.
AB619,5 10Section 5. 146.89 (3) (e) to (i) of the statutes are created to read:
AB619,4,1211 146.89 (3) (e) Under this section, the nonprofit agency shall assume
12responsibility for approving individuals to be volunteer health care providers.
AB619,4,1513 (f) Under this section, the nonprofit agency shall research and validate an
14individual's credentials before submitting the joint application to be a volunteer
15health care provider.
AB619,4,1816 (g) The nonprofit agency shall enter the list of volunteer health care providers
17providing services at that nonprofit agency into an online, electronic system
18developed by the department of administration.
AB619,4,2319 (h) The nonprofit agency shall monitor volunteer health care providers
20providing services at that nonprofit agency and shall terminate a provider's
21participation in the program under this section with that nonprofit agency when the
22agency questions the credentials of that provider or when the agency disapproves of
23the practices of that provider.
AB619,5,3
1(i) The nonprofit agency shall prepare and submit to the department of
2administration an annual report that includes the types and number of health care
3services provided by the nonprofit agency under this section.
AB619,6 4Section 6. 146.89 (4) of the statutes is amended to read:
AB619,5,165 146.89 (4) Volunteer Except as provided in sub. (5), volunteer health care
6providers who provide services under this section are, for the provision of these
7services, state agents of the department of health services for purposes of ss. 165.25
8(6), 893.82 (3) and 895.46. This state agency status applies regardless of whether the
9volunteer health care provider has coverage under a policy of health care liability
10insurance that would extend to services provided by the volunteer health care
11provider under this section; and the limitations under s. 895.46 (1) (a) on the
12payment by the state of damages and costs in excess of any insurance coverage
13applicable to the agent and on the duty of a governmental unit to provide or pay for
14legal representation do not apply. Any policy of health care liability insurance
15providing coverage for services of a health care provider may exclude coverage for
16services provided by the health care provider under this section.
AB619,7 17Section 7. 146.89 (5) of the statutes is created to read:
AB619,5,1918 146.89 (5) (a) A volunteer health care provider who meets all of the following
19criteria is not a state agent under sub. (4):
AB619,5,2020 1. The volunteer health care provider is described in sub. (1) (r) 5.
AB619,5,2221 2. The volunteer health care provider has sufficient liability insurance
22coverage, as determined by the department of health services.
AB619,5,2523 3. The volunteer health care provider submits a joint application with a
24nonprofit agency that has sufficient liability coverage, as determined by the
25department of health services.
AB619,6,3
1(b) A volunteer health care provider described in par. (a) is not liable for any
2civil damages for any act or omission resulting from providing services under this
3section, unless any of the following are true:
AB619,6,54 1. The act or omission is the result of the volunteer health care provider's gross
5negligence or willful misconduct.
AB619,6,66 2. The act or omission violates a state statute or rule.
AB619,8 7Section 8. 165.25 (6) (b) of the statutes is amended to read:
AB619,6,148 165.25 (6) (b) Volunteer health care providers who provide services under s.
9146.89, except those described in s. 146.89 (5) (a), practitioners who provide services
10under s. 257.03, and health care facilities on whose behalf services are provided
11under s. 257.03 are, for the provision of those services, covered by this section and
12shall be considered agents of the department of health services for purposes of
13determining which agency head may request the attorney general to appear and
14defend them.
AB619,9 15Section 9. 655.003 (3) of the statutes is amended to read:
AB619,6,2116 655.003 (3) A Except for a physician or nurse anesthetist who meets the
17criteria under s. 146.89 (5) (a), a
physician or a nurse anesthetist who provides
18professional services under the conditions described in s. 146.89, with respect to
19those professional services provided by the physician or nurse anesthetist for which
20he or she is covered by s. 165.25 and considered an agent of the department, as
21provided in s. 165.25 (6) (b).
AB619,10 22Section 10. 893.82 (2) (d) 1m. of the statutes is amended to read:
AB619,6,2523 893.82 (2) (d) 1m. A volunteer health care provider who provides services under
24s. 146.89, except a volunteer health care provider described in s. 146.89 (5) (a), for
25the provision of those services.
AB619,11
1Section 11. 895.46 (5) (a) of the statutes is amended to read:
AB619,7,42 895.46 (5) (a) A volunteer health care provider who provides services under s.
3146.89, except a volunteer health care provider described in s. 146.89 (5) (a), for the
4provision of those services.
AB619,7,55 (End)
Loading...
Loading...