895.48 Civil liability exemption; emergency medical care.

744 words·~3 min read·/wi/chapter-895/895-48-2

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

(1)Except as provided in sub.

(1g), any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care.

(1g)The immunity described in sub.

(1)and s. 450.11

(c)3. does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, enroute to a hospital or other institution equipped with hospital facilities, or at a physician’s office.

(a)Except as provided in par.

(b), any physician, podiatrist, or athletic trainer licensed under ch. 448 , physician assistant who is licensed under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448 , naturopathic doctor licensed under ch. 466 , chiropractor licensed under ch. 446 , dentist or dental therapist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447 , emergency medical services practitioner licensed under s. 256.15 , emergency medical responder certified under s. 256.15

(8), registered nurse licensed under ch. 441 , massage therapist or bodywork therapist licensed under ch. 460 , or naturopathic doctor licensed under ch. 466 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129

(b), a private school, as defined in s. 115.001

(3r), a tribal school, as defined in s. 115.001

(15m), a public agency, as defined in s. 46.856

(b), or a school, as defined in s. 609.655

(c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

1. The health care is rendered at the site of the event or contest, during transportation to a health care facility from the event or contest, or in a locker room or similar facility immediately before, during or immediately after the event or contest.

2. The physician, naturopathic doctor, podiatrist, athletic trainer, chiropractor, dentist, dental therapist, emergency medical services practitioner, as defined in s. 256.01

(5), emergency medical responder, as defined in s. 256.01

(4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

(b)Paragraph

(a)does not apply to health care services provided by a volunteer health care provider under s. 146.89 .

(ag)In this subsection:

1. “Cardiac arrest” means the sudden cessation of cardiac function and the disappearance of arterial blood pressure that connote ventricular fibrillation or pulseless ventricular tachycardia.

2. “Pulseless ventricular tachycardia” means a disturbance in the normal rhythm of the heart that is characterized by rapid electrical activity of the heart with no cardiac output.

(am)Any of the following, other than an emergency medical services practitioner or an emergency medical responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:

1. The person who renders the care.

2. The owner of the automated external defibrillator.

3. The person who provides the automated external defibrillator for use, if the person ensures that the automated external defibrillator is maintained and tested in accordance with any operational guidelines of the manufacturer.

4. Any person who provides training in the use of an automated external defibrillator to the person who renders care.

(b)The immunity specified in par.

(am)does not extend to any of the following:

1. A person whose act or omission resulting from the use or the provision for use of the automated external defibrillator constitutes gross negligence.

2. A health care professional who renders emergency care for compensation and within the scope of his or her usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of an emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician’s office.