Allowing health care providers licensed outside the state to participate in and requirements on nonprofit agencies in the volunteer health care provider program. (FE)

This bill allows 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 currently allowed to volunteer in the program is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration (out-of-state volunteer) to participate in the volunteer health care provider program. An applicant who is licensed, certified, or registered in a state outside of Wisconsin may only make a joint application with a nonprofit agency, and thus, may not provide volunteer services under the program at a school.

The bill prohibits the DOA from disapproving an application based solely on the nonprofit agency being organized under the laws of a state other than Wisconsin.

The bill also prohibits an out-of-state volunteer from providing services under the program for more than 60 days in any 90 day period. Under the bill, however, an out-of-state volunteer who has sufficient liability insurance coverage and who submits a joint application with a nonprofit agency that has sufficient liability coverage is not an agent of the state for liability purposes. Instead the bill provides that an out-of-state volunteer who meets those criteria is not liable for any civil damages for any act or omission resulting from providing services through the volunteer health care provider program, unless the act or omission is the result of the out-of-state volunteer's gross negligence or willful misconduct or the act or omission violates a state statute or rule.

The bill places requirements on the nonprofit agencies that apply jointly with health care professionals to participate in the volunteer health care provider program. Under the bill, the nonprofit agency must assume responsibility for approving the health care professionals and must research and validate the credentials of those health care professionals before submitting the joint application to be a volunteer health care provider. The bill requires the nonprofit agency to enter the list of volunteer health care providers providing services at that agency into an online, electronic system that is developed by DOA. The bill requires the nonprofit agency to monitor its volunteer health care providers and terminate a provider's participation in the program when the agency questions the provider's credentials or disapproves of the practices of that provider. The bill also requires the nonprofit agency to prepare and submit to DOA an annual report including the types and number of health care services provided by the nonprofit agency under the program.