Wisconsin Senate Bill SB31

Wisconsin 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25
• Report Pass: 3/14/25
• Engrossed: 3/18/25
• Refer: 4/24/25
• Refer: 5/9/25
• Enrolled: 5/14/25
• Chaptered: 8/11/25
• Passed: 8/11/25

Caption

An Act to renumber and amend 251.07; to amend 165.25 (6) (c), 251.07 (title), 252.04 (9) and 895.46 (5) (b); to create 251.07 (1) and 252.01 (5) of the statutes; Relating to: state agency status for certain physician assistants and advanced practice nurses who provide services without compensation for local health departments or school districts. (FE)

Summary

SB31 updates Wisconsin law to extend “state agent” status to certain physician assistants and advanced practice nurse prescribers, in addition to physicians, when they provide uncompensated services for local health departments or school district immunization programs. The bill applies when these professionals are not employees of the local public entity, are serving without pay, and are acting under the relevant statutory or departmental protocols. It also creates definitions for “physician assistant” and “advanced practice nurse prescriber” within the affected sections and renumbers the existing statute governing these volunteers. The practical effect is to align liability and legal-defense protections for these health care providers with those already available to physicians in similar volunteer public-health roles. By making them agents of the Department of Health Services for specified purposes, the bill ties them to state protections under statutes governing attorney general representation, claims against state officers and employees, and indemnification. It also updates the school immunization statute so that school districts and local health departments may continue to use physician assistants and advanced practice nurse prescribers under written protocols, with the department retaining authority to approve or remove a selected provider. The bill’s overall sentiment appears favorable and administrative rather than controversial. Its purpose is narrowly focused on public-health staffing and legal protection for volunteer clinicians, which suggests support for expanding access to medical oversight in local health departments and school immunization programs. No committee transcripts or recorded votes were provided, so there is no documented floor debate or partisan split in the available materials. The main point of potential contention is the scope of state liability and whether extending state-agent status to nonemployee volunteers could broaden indemnification or defense obligations for the state. Another possible issue is the department’s retained authority to disapprove or remove a provider, which preserves oversight but could be viewed as limiting local discretion. Even so, the bill does not appear to change clinical scope of practice; it primarily adjusts legal status and protections for certain volunteer health professionals.

Impact

SB31 amends Wisconsin statutes governing state-agent status, tort defense, and indemnification to include physician assistants and advanced practice nurse prescribers when they volunteer without compensation for local health departments or school district immunization programs. It also creates statutory definitions for those professions in the affected sections and updates the immunization program statute to reflect their role under departmental protocols. The bill therefore affects public health agencies, school districts, volunteer clinicians, and the state’s legal-defense framework under ss. 165.25, 893.82, and 895.46.

Sentiment

The available context suggests the bill was viewed positively and as a technical public-health measure. Its focus on clarifying legal protections for volunteer clinicians and supporting local health and school immunization programs indicates broad practical appeal. Because no committee testimony or votes were provided, there is no evidence in the record of significant opposition or divided sentiment.

Contention

The most notable issue is whether granting state-agent status to uncompensated physician assistants and advanced practice nurse prescribers could increase the state’s exposure to defense and indemnification obligations. A secondary point is the department’s power to disapprove or remove a selected provider from an immunization program, which may raise questions about local control versus state oversight. No specific opponents or supporters are identified in the provided materials, and no formal controversy is documented.