146.89(3r)(a)
(a) Before first providing health care services in a school, the volunteer health care provider shall provide to the school board or relevant governing body proof of satisfactory completion of any competency requirements that are relevant to the volunteer health care provider, as specified by the department of public instruction by rule, and shall consult with the school nurse, if any, of the school.
146.89(3r)(b)
(b) Under this subsection, the volunteer health care provider may provide only to students from 4-year-old kindergarten to grade 6 the following health care services:
146.89(3r)(b)5.
5. Any other health care services designated by the department of public instruction by rule.
146.89(3r)(c)
(c) Under this subsection, the volunteer health care provider may not provide any of the following:
146.89(3r)(d)
(d) Any health care services provided under par.
(b) shall be provided without charge at the school and shall be available to all students from 4-year-old kindergarten to grade 6 regardless of income.
146.89(3r)(e)
(e) Under this subsection, a volunteer health care provider may not provide instruction in human growth and development under s.
118.019.
146.89(4)
(4) Except as provided in sub.
(5), volunteer health care providers who provide services under this section are, for the provision of these services, state agents of the department for purposes of ss.
165.25 (6),
893.82 (3) and
895.46. This state agency status does not apply to a volunteer health care provider for whom the department has withdrawn approval of the application under sub.
(2) (d). This state agency status applies regardless of whether the volunteer health care provider has coverage under a policy of health care liability insurance that would extend to services provided by the volunteer health care provider under this section; and the limitations under s.
895.46 (1) (a) on the payment by the state of damages and costs in excess of any insurance coverage applicable to the agent and on the duty of a governmental unit to provide or pay for legal representation do not apply. Any policy of health care liability insurance providing coverage for services of a health care provider may exclude coverage for services provided by the health care provider under this section.
146.89(5)(a)(a) A volunteer health care provider who meets all of the following criteria is not a state agent under sub.
(4):
146.89(5)(a)2.
2. The volunteer health care provider has sufficient liability insurance coverage, as determined by the department of health services.
146.89(5)(a)3.
3. The volunteer health care provider submits a joint application with a nonprofit agency that has sufficient liability coverage, as determined by the department of health services.
146.89(5)(b)
(b) A volunteer health care provider described in par.
(a) is not liable for any civil damages for any act or omission resulting from providing services under this section, unless any of the following are true:
146.89(5)(b)1.
1. The act or omission is the result of the volunteer health care provider's gross negligence or willful misconduct.
146.89(5)(b)2.
2. The act or omission violates a state statute or rule.
146.89(6)(a)(a) While serving as a volunteer health care provider under this section, an advanced practice nurse who has a certificate to issue prescription orders under s.
441.16 (2) is considered to meet the requirements of s.
655.23, if required to comply with s.
655.23.
146.89(6)(b)
(b) While serving as a volunteer health care provider under this section, an advanced practice nurse who has a certificate to issue prescription orders under s.
441.16 (2) is not required to maintain in effect malpractice insurance.
146.89 History
History: 1989 a. 206;
1991 a. 269;
1993 a. 28,
490;
1995 a. 27 ss.
4378 to
4380,
9126 (19);
1997 a. 27,
57,
67;
1999 a. 23;
2003 a. 92;
2005 a. 188;
2007 a. 20 s.
9121 (6) (a);
2007 a. 201;
2009 a. 93,
134;
2011 a. 32,
216;
2013 a. 241,
344;
2015 a. 55,
188;
2015 a. 195 ss.
25,
26,
82;
2019 a. 57;
2021 a. 23,
100,
130; s. 13.92 (1) (bm) 2.; s. 13.92 (2) (i).
146.903
146.903
Disclosures required of health care providers and hospitals.