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Ex. WI-032 Order Primary source read

2019 Wisconsin Act 185 § 98, Immunity for health care providers during COVID-19 emergency (Wis. Stat. § 895.4801)

Immunity for health care professionals, providers and their employees, agents and contractors for services during the Executive Order #72 emergency and 60 days after, conditioned on good faith or substantial consistency with official direction, guidance or recommendations, and excluding reckless or wanton conduct or intentional misconduct

Wisconsin Legislature; Governor Tony Evers (signed) · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
2019 Wisconsin Act 185 § 98, creating Wis. Stat. § 895.4801
Issued
2020-04-15 Apr. 15, 2020
Effective
2020-04-17 (Act 185 publication); covers services provided during the § 323.10 emergency declared March 12, 2020 by Executive Order #72 'or the 60 days following the date that the state of emergency terminates' (read as 2020-04-17)
End
2020-07-10 (60 days after Executive Order #72 lapsed May 11, 2020); the section remains codified (read as 2020-07-10)
In force
Apr. 17, 2020 to July 10, 2020
Quarters
2020 Q22020 Q3
Limitation types
Health care ordersStanding dutyOperating condition
Addressees
  • state agencies
  • employers and claimants (UI)
  • health-care providers
  • schools
Functions reached
  • WF (UI waiting-period waiver; leave)
  • HR (health-care licensing flexibilities)
  • context for every 2020 instrument
Collection
Standing duties: Wisconsin DUT-WI

Operative words

Date of enactment: April 15, 2020... Date of publication: April 16, 2020... [multiple sections operative] 'during the public health emergency declared on March 12, 2020, by executive order 72'

Enforcement

Statute

Notes

Legislative recognition, one month into Safer at Home, of the emergency and the closures; context for the T9 continuing-suspension arithmetic.

Retrieval note

The 'substantially consistent with' condition is the Wisconsin Legislature's statement that official guidance and recommendations were the standard of care for the class it protected. Act 185 § 99-104 also created § 895.51(2r)-(3r) (emergency medical supplies immunity). The general shield of 2021 Act 4 (DUT-WI-008) carries no guidance condition.