LRB-1706/1
DAK:jld:pg
2007 - 2008 LEGISLATURE
February 19, 2007 - Introduced by Senators Robson, Lehman, Roessler, Wirch,
Breske, Olsen, Risser, Schultz, Plale, Lassa, Erpenbach and Kreitlow,
cosponsored by Representatives
Vukmir, Benedict, Sheridan, Turner, Hahn,
Black, Mursau, Musser, Seidel, Townsend, Berceau, F. Lasee, Hraychuck,
Gronemus, Boyle, Nygren, Ballweg, Kleefisch, Hilgenberg, Molepske,
Gunderson and Sinicki. Referred to Committee on Health and Human
Services.
SB48,1,3
1An Act to amend 146.89 (1) (r) of the statutes;
relating to: expanding types of
2volunteer health care providers to include pharmacists and pharmacy
3technicians.
Analysis by the Legislative Reference Bureau
Under the Volunteer Health Care Provider Program (VHCPP) in current law,
health care services of a volunteer health care provider and a nonprofit agency whose
joint application is approved by the Department of Administration must be provided
without charge primarily to low-income persons who are uninsured and, except for
the provision of certain dental and dental hygiene services to Medical Assistance
(MA) recipients, are not recipients of MA or Medicare Program benefits. Volunteer
health care providers include physicians, dentists, dental hygienists, registered
nurses, licensed practical nurses, nurse-midwives, optometrists, physician
assistants, and dietitians. These volunteers are, for the provision of services under
the VHCPP, state agents of the Department of Health and Family Services (DHFS).
Under current law, for a person with status as a state agent of DHFS, the
attorney general may, if requested by the secretary of health and family services,
appear and defend the person in any civil action or other matter brought before a
court as the result of an act committed in the lawful course of the agent's duties. In
addition, a civil action or civil proceeding against a state agent for an act committed
in the course of the discharge of the agent's duties may not be brought unless the
claimant serves on the attorney general written notice within 120 days of the event
that caused injury, damage, or death. Lastly, judgments in excess of any insurance
applicable to the state agent defendant must be paid by the state, and a
governmental unit need not provide or pay for legal representation if applicable
insurance provides the representation.
This bill expands the types of volunteer health care providers who may provide
services under the VHCPP and have status as state agents of DHFS, to include
licensed pharmacists and persons who perform functions described for pharmacy
technicians in rules promulgated by the Pharmacy Examining Board.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB48, s. 1
1Section
1. 146.89 (1) (r) of the statutes is amended to read:
SB48,2,112
146.89
(1) (r) "Volunteer health care provider" means an individual who is
3licensed as a physician under ch. 448, dentist or dental hygienist under ch. 447,
4registered nurse, practical nurse, or nurse-midwife under ch. 441, optometrist
5under ch. 449, or physician assistant under ch. 448,
or pharmacist under ch. 450, who
6is certified as a dietitian under subch. V of ch. 448, or who is a nurse practitioner, as
7defined in s. 255.06 (1) (d),
or who performs functions described for pharmacy
8technicians in rules promulgated by the pharmacy examining board, and who
9receives no income from the practice of that health care profession or who receives
10no income from the practice of that health care profession when providing services
11at the nonprofit agency or school specified under sub. (3).
