146.89 Volunteer health care provider program.

1,331 words·~6 min read·/wi/chapter-146/146-89-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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

(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 .

Effective date note NOTE: Subd. 1. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text 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 nurse-midwife 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

(d).

Effective date note NOTE: Subd. 3. is renumbered to subd. 5e. and amended eff. 9-1-26 by 2025 Wis. Act 17 .

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

(h), issued by a party state, as defined in s. 441.51

(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.

Effective date note NOTE: Subd. 5e. is shown as renumbered from subd. 3. and amended eff. 9-1-26 by 2025 Wis. Act 17 .

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

6. A social worker who holds a certificate granted under subch. I of ch. 457 .

7. A marriage and family therapist who is licensed under subch. I of ch. 457 or a professional counselor who is licensed under subch. I of ch. 457 .

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

(2).

Effective date note NOTE: Subd. 8. is repealed eff. 9-1-26 by 2025 Wis. Act 17 .

(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.

1. A volunteer health care provider described in sub.

(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.

(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.

(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.