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Emergency Law Inventory | Full Law Text

Law Number

Wis. Stat. 257.03

Summary Title

Liability: Volunteer Practitioner

Summary

An appropriately licensed individual who is registered at a hospital where services are being provided, who is in the Wisconsin volunteer registry, and who provides services without compensation on behalf of a health care facility, mass clinic, or at the request of the local health department will not be held legally responsible. but the individual can be held legally responsible for medical malpractice. If the individual acted within the scope of practice and is held legally responsible personally, the state or local government will pay the cost of the court judgment.

Full Title

Volunteer practitioners indemnified

Full Text

(1) Except as provided in sub. (3), a practitioner who, during a state of emergency and in a geographic area in which the state of emergency applies, provides services for which the individual is or has been licensed, certified, registered, or, in the case of a nurse aide, qualified, is, for any claim arising from the provision of the services, a state agent of the department under ss. 165.25 (6), 893.82, and 895.46 and, except as provided in sub. (2), is considered an employee of the state for workers compensation benefits under ch. 102 if all of the following apply: (a) The services are provided on behalf of a health care facility or mass clinic, or at the request of the department or a local health department. (b) The health care facility, mass clinic, department, or local health department on whose behalf the practitioner provides the services does not compensate the practitioner for the services, except the health care facility, mass clinic, department, or local health department may reimburse the practitioner for travel, lodging, or meals. The practitioners employer may compensate the practitioner for the services as long as the employer is not the health care facility, mass clinic, department, or local health department on whose behalf the services are provided. (c) The practitioner is registered in the system under s. 257.02. (d) If the practitioner provides the services at a health care facility or mass clinic, the practitioner first registers in writing with the health care facility or mass clinic. (2) A practitioner who provides services under sub. (1) is not considered an employee of the state for workers compensation benefits under ch. 102 if the practitioners employer compensates the practitioner for providing the services. (3) A practitioner is not a state agent of the department under ss. 165.25 (6), 893.82, and 895.46 if the practitioners acts or omissions involve reckless, wanton, or intentional misconduct.