Wis. Stat. § 146.89 — WI Code / Chapter 146 / Section 146.89
Volunteer health care provider program.
Status: in_force

(1) In this section:

(d) “Governing body” means the governing body of any of the following:

1. A charter school, as defined in s. 115.001 (1) .

2. A private school, as defined in s. 115.001 (3r) , that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 or that, pursuant to s. 115.999 (3) , 119.33 (2) (c) 3. , or 119.9002 (3) (c) , is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33 , subch. IX of ch. 115 , or subch. II of ch. 119 .

(g) “School” means any of the following:

1. A public elementary school, including an elementary school transferred to an opportunity schools and partnership program under s. 119.33 , subch. IX of ch. 115 , or subch. II of ch. 119 .

2. A charter school, as defined in s. 115.001 (1) .

3. A private school, as defined in s. 115.001 (3r) , that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 .

(h) “School board” has the meaning given in s. 115.001 (7) .

(r) “Volunteer health care provider” means an individual who is one of the following and who receives no income from the practice of his or her health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency specified under sub. (3) or for the school board or governing body specified under sub. (3r) :

1. Licensed as a physician under ch. 448 , naturopathic doctor under ch. 466 , a dentist, dental therapist, or dental hygienist under ch. 447 , a registered nurse, practical nurse, or advanced practice registered nurse under ch. 441 , an optometrist under ch. 449 , a physician assistant under subch. IX of ch. 448 , a pharmacist under ch. 450 , a chiropractor under ch. 446 , a podiatrist under subch. IV of ch. 448 , or a physical therapist under subch. III of ch. 448 .

2. Certified as a dietitian under subch. V of ch. 448 .

3. A nurse practitioner, as defined in s. 255.06 (1) (d) .

4. Registered as a pharmacy technician under ch. 450 .

5. 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 described in subds. 1. to 4. , except a dentist, dental therapist, or dental hygienist, is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration.

5e. A registered nurse who holds a multistate license, as defined in s. 441.51 (2) (h) , issued by a party state, as defined in s. 441.51 (2) (k) , and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, podiatrist, or advanced practice registered nurse.

5m. A psychologist who is licensed under ch. 455 .

6. A social worker, as defined in s. 457.01 (10) .

7. A marriage and family therapist, as defined in s. 457.01 (3) , or a professional counselor, as defined in s. 457.01 (7) .

8. An advanced practice nurse who has a certificate to issue prescription orders under s. 441.16 (2) .

(2)

(a) Subject to par. (am) , a volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency, school board, or governing body to the department and the department approves the application. If the volunteer health care provider submits a joint application with a school board or governing body, the application shall include a statement by the school board or governing body that certifies that the volunteer health care provider has received materials that specify school board or governing body policies concerning the provision of health care services to students and has agreed to comply with the policies. The department shall provide application forms for use under this paragraph.

(am)

1. A volunteer health care provider described in sub. (1) (r) 5. may submit a joint application only with a nonprofit agency to participate under this section.

2. No volunteer health care provider described in sub. (1) (r) 5. may provide services under this section for more than 60 days in any 90 day period.

(b) The department may send an application to the medical examining board for evaluation. The medical examining board shall evaluate any application submitted by the department and return the application to the department with the board’s recommendation regarding approval.

(br) The department may not disapprove the application solely on the basis that the nonprofit agency is organized under the laws of a state other than this state.

(c) The department shall notify the volunteer health care provider and the nonprofit agency, school board, or governing body of the department’s decision to approve or disapprove the application.

(d) Approval of an application of a volunteer health care provider is valid for one year. The department may withdraw approval of an application for failure of the nonprofit agency to comply with this section. If a volunteer health care provider wishes to renew approval, he or she shall submit a joint renewal application with a nonprofit agency, school board, or governing body to the department. The department shall provide renewal application forms that are developed by the department and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.

(e) The volunteer health care provider shall maintain his or her credentials for his or her health care profession when providing any services under this section.

(3) Any volunteer health care provider and nonprofit agency whose joint application is approved under sub. (2) shall meet the following applicable conditions:

(a) The volunteer health care provider shall provide services under par. (b) without charge, except as provided in sub. (3g) or (3m) , at the nonprofit agency, if the joint application of the volunteer health care provider and the nonprofit agency has received approval under sub. (2) (a) .

(b) Under this section, the nonprofit agency may provide the following health care services:

1. Diagnostic tests.

2. Health education.

3. Information about available health care resources.

4. Office visits.

5. Patient advocacy.

6. Prescriptions.

7. Referrals to health care specialists.

8. Dental services, including tooth extractions and other procedures done under local anesthesia only and any necessary suturing related to the extractions, performed by a dentist or dental therapist who is a volunteer health provider; and dental hygiene services, performed by a dental hygienist who is a volunteer health provider.

9. Any outpatient surgery that is permitted under the volunteer health care provider’s license under sub. (1) (r) 1. and for which the provider has the necessary training, experience, equipment, and facilities.

(c) Under this section, the nonprofit agency may not provide emergency medical services, hospitalization, or surgery, except as provided in par. (b) 8.

(d) Under this section, the nonprofit agency shall provide health care services primarily to low-income persons who are uninsured and who are not recipients of any of the following:

2. Except as provided in sub. (3g) or (3m) , Medical Assistance under subch. IV of ch. 49 .

3. Medicare under 42 USC 1395-1395ccc .

(e) Under this section, the nonprofit agency shall assume responsibility for approving individuals to be volunteer health care providers.

(f) Under this section, the nonprofit agency shall research and validate an individual’s credentials before submitting the joint application to be a volunteer health care provider.

(g) The nonprofit agency shall enter the list of volunteer health care providers providing services at that nonprofit agency into an online, electronic system developed by the department of administration.

(h) The nonprofit agency shall monitor volunteer health care providers providing services at that nonprofit agency and shall terminate a provider’s participation in the program under this section with that nonprofit agency when the agency questions the credentials of that provider or when the agency disapproves of the practices of that provider.

(j) The nonprofit agency shall prepare and submit to the department an annual report that includes the types and number of health care services provided by the nonprofit agency under this section.

(3g) A nonprofit agency and volunteer health care providers providing services at the nonprofit agency that provide services to persons who are recipients of Medical Assistance may participate in the program under this section if the Medical Assistance recipients served are primarily homeless individuals, as self-reported.

(3m) A volunteer health care provider who is a dentist or dental therapist may provide dental services or a volunteer health care provider who is a dental hygienist may provide dental hygiene services, to persons who are recipients of Medical Assistance, if all of the following apply:

(a) The nonprofit agency’s fees for these services apply to the recipients and to persons who are not recipients of Medical Assistance.