(2) Immunity. Subject to sub. (3), any health care professional, health care provider, or employee, agent, or contractor of a health care professional or health care provider is immune from civil liability for the death of or injury to any individual or any damages caused by actions or omissions that satisfy all of the following:
(a) The action or omission is committed while the professional, provider, employee, agent, or contractor is providing services during the state of emergency declared under s. 323.10 on March 12, 2020, by executive order 72, or the 60 days following the date that the state of emergency terminates.
(b) The actions or omissions relate to health services provided or not provided in good faith or are substantially consistent with any of the following:
1. Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a).
2. Any guidance published by the department of health services, the federal department of health and human services, or any divisions or agencies of the federal department of health and human services relied upon in good faith.
(c) The actions or omissions do not involve reckless or wanton conduct or intentional misconduct.
(3) Applicability. This section does not apply if s. 257.03, 257.04, 323.41, or 323.44 applies.
185,99
Section 99
. 895.51 (title) of the statutes is amended to read:
895.51 (title) Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.
185,100
Section 100
. 895.51 (1) (bd) of the statutes is created to read:
895.51 (1) (bd) “Cost of production” means the cost of inputs, wages, operating the manufacturing facility, and transporting the product.
185,101
Section 101
. 895.51 (1) (bg) of the statutes is created to read:
895.51 (1) (bg) “Emergency medical supplies" means any medical equipment or supplies necessary to limit the spread of, or provide treatment for, a disease associated with the public health emergency related to the 2019 novel coronavirus pandemic, including life support devices, personal protective equipment, cleaning supplies, and any other items determined to be necessary by the secretary of health services.
185,102
Section 102
. 895.51 (1) (dp) of the statutes is created to read:
895.51 (1) (dp) “Public health emergency related to the 2019 novel coronavirus pandemic” means the period covered by the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus or the national emergency declared by the U.S. president under 50 USC 1621 on March 13, 2020, in response to the 2019 novel coronavirus.
185,103
Section 103
. 895.51 (2r) of the statutes is created to read:
895.51 (2r) Any person engaged in the manufacturing, distribution, or sale of emergency medical supplies, who donates or sells, at a price not to exceed the cost of production, emergency medical supplies to a charitable organization or governmental unit to respond to the public health emergency related to the 2019 novel coronavirus pandemic is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies donated or sold by the person.
185,104
Section 104
. 895.51 (3r) of the statutes is created to read:
895.51 (3r) Any charitable organization that distributes free of charge emergency medical supplies received under sub. (2r) is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies distributed by the charitable organization.
185,105
Section 105
.
Nonstatutory provisions.
(1) Enhanced federal medical assistance percentage. If the federal government provides an enhanced federal medical assistance percentage during an emergency period declared in response to the novel coronavirus pandemic, the department of health services may do any of the following during the period to which the enhanced federal medical assistance percentage applies in order to satisfy criteria to qualify for the enhanced federal medical assistance percentage:
(a) Suspend the requirement to comply with the premium requirements under s. 49.45 (23b) (b) 2. and (c).
(b) Suspend the requirement to comply with the health risk assessment requirement under s. 49.45 (23b) (b) 3.
(c) Delay implementation of the community engagement requirement under s. 49.45 (23b) (b) 1. until the date that is 30 days after either the day the federal government has approved the community engagement implementation plan or the last day of the calendar quarter in which the last day of the emergency period under 42 USC 1320b-5 (g) (1) that is declared due to the novel coronavirus pandemic occurs, whichever is later.
(d) Notwithstanding any requirement under subch. IV of ch. 49 to disenroll an individual to the contrary, maintain continuous enrollment in compliance with section 6008 (b) (3) of the federal Families First Coronavirus Response Act, P.L. 116-127.
(2) Liability insurance for physicians and nurse anesthetists. During the public health emergency declared on March 12, 2020, by executive order 72, all of the following apply to a physician or nurse anesthetist for whom this state is not a principal place of practice but who is authorized to practice in this state on a temporary basis:
(a) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 (3) (a) by filing with the commissioner of insurance a certificate of insurance for a policy of health care liability insurance issued by an insurer that is authorized in a jurisdiction accredited by the National Association of Insurance Commissioners.
(b) The physician or nurse anesthetist may elect, in the manner designated by the commissioner of insurance by rule under s. 655.004, to be subject to ch. 655.
(3) Virtual instruction; reports and guidance.
(a) Definitions. In this subsection:
1. “Department” means the department of public instruction.
2. “Public health emergency” means the period during the 2019-20 school year when schools are closed by the department of health services under s. 252.02 (3).
3. “Virtual instruction” means instruction provided through means of the Internet if the pupils participating in and instructional staff providing the instruction are geographically remote from each other.
(b)
School board reports. By November 1, 2020, each school board shall report to the department all of the following:
1. Whether or not virtual instruction was implemented in the school district during the public health emergency and, if implemented, in which grades it was implemented.
2. If virtual instruction was implemented in the school district during the public health emergency, the process for implementing the virtual instruction.
3. For each grade level, the average percentage of the 2019-20 school year curriculum provided to pupils, including curriculum provided in-person and virtually.
4. Whether anything was provided to pupils during the 2020 summer to help pupils learn content that pupils missed because of the public health emergency and, if so, what was provided to pupils.
5. Recommendations for best practices for transitioning to and providing virtual instruction when schools are closed.
6. Any challenges or barriers the school board faced related to implementing virtual instruction during the public health emergency.
7. By position type, the number of staff members who were laid off during the public health emergency.
8. The number of lunches the school board provided during the public health emergency.
9. The total amount by which the school board reduced expenditures during, or because of, the public health emergency in each of the following categories:
a. Utilities.
b. Transportation.
c. Food service.
d. Personnel. This category includes expenditure reductions that result from layoffs.
e. Contract terminations.
(c) Report to the legislature. By January 1, 2021, the department shall compile and submit the information it received under par. (b) to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).
(d) DPI guidance on returning to in-person instruction. By June 30, 2020, the department shall post on its Internet site guidance to schools on best practices related to transitioning from virtual instruction to in-person instruction.
(4) Temporary credentials for former health care providers during emergency.
(a) Definitions. In this subsection:
1. “Health care provider” means an individual who was at any time within the past 5 years, but is not currently, any of the following, if the individual's credential was never revoked, limited, suspended, or denied renewal:
a. A nurse licensed under ch. 441.
b. A chiropractor licensed under ch. 446.
c. A dentist licensed under ch. 447.
d. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.
e. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX of ch. 448.
f. A podiatrist licensed under subch. IV of ch. 448.
g. A dietitian certified under subch. V of ch. 448.
h. An athletic trainer licensed under subch. VI of ch. 448.
i. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
j. An optometrist licensed under ch. 449.
k. A pharmacist licensed under ch. 450.
L. An acupuncturist certified under ch. 451.
m. A psychologist licensed under ch. 455.
n. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.
o. A speech-language pathologist or audiologist licensed under subch. II of ch. 459.
p. A massage therapist or bodywork therapist licensed under ch. 460.
2. “Health care facility” means a system, care clinic, care provider, long-term care facility, or any other health care facility where health care services are provided.
3. “Temporary credential” mean a visiting, locum tenens, temporary, or similar non-permanent license or certificate.
(b) Temporary practice; emergency.
1. Notwithstanding ss. 440.982 (1), 441.06 (4), 441.15 (2), 446.02 (1), 447.03 (1), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider may provide services within the scope of the credential that the health care provider previously held if all of the following apply:
a. Practice by the health care provider is necessary for an identified health care facility to ensure the continued and safe delivery of health care services.
b. The identified health care facility's needs reasonably prevented the health care provider from obtaining a credential before beginning to provide health care services at the facility.
c. The health care provider applies for a temporary credential or permanent credential within 10 days of first providing health care services at a health care facility.
d. The health care facility notifies the department of safety and professional services within 5 days of the date on which the health care provider begins providing health care services at the facility.
2. A health care provider who provides services authorized under this subsection shall maintain malpractice insurance that satisfies the requirements of the profession for which the health care provider has been licensed or certified.
3. This subsection does not apply 30 days after the conclusion of the period covered by the public health emergency declared on March 12, 2020, by executive order 72.
(5) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee provisions in chs. 440 to 480, during the period covered by the public health emergency declared on March 12, 2020, by executive order 72, the department of safety and professional services may waive fees for applications for an initial credential and renewal of a credential for registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists, psychologists, clinical social workers, independent social workers, social workers, marriage and family therapists, professional counselors, and clinical substance abuse counselors.
(6) Temporary credentials for health care providers from other states during emergency.
(a) Definitions. In this subsection:
1. “Health care provider” means an individual who holds a valid, unexpired license, certificate, or registration granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:
a. A nurse licensed under ch. 441.
b. A chiropractor licensed under ch. 446.
c. A dentist licensed under ch. 447.
d. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.
e. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX of ch. 448.
f. A podiatrist licensed under subch. IV of ch. 448.
