2020 Wisconsin Statutes & Annotations
Chapter 302. Prisons; state, county and municipal.
302.384 Procedure if a prisoner refuses appropriate care or treatment.

302.384 Procedure if a prisoner refuses appropriate care or treatment.

(1m) In this section, “health care professional” means a person licensed, certified, or registered under ch. 441, 448, or 455 [or a person who holds a compact privilege under subch. X of ch. 448].

NOTE: Language intended under 2019 Wis. Act 100 is shown in brackets. Corrective legislation is pending. 2019 Wis. Act 100 added physical therapists who hold a compact privilege under what is now subch. X of ch. 448 (the Physical Therapy Licensure Compact, formerly subch. IX of ch. 448) to numerous parts of the statutes that referred to physical therapists licensed under ch. 448, but did not take cognizance of 2019 Wis. Act 90. 2019 Wis. Act 90 changed the definition of “health care professional” to exclude physical therapists and others. 2019 Wis. Act 90 also deleted a cross-reference to the definition of “health care professional” and substituted the previous definition of “health care professional” (i.e., “persons licensed, certified, or registered under ch. 441, 448, or 455”) in s. 302.384 (1m). Acts 90 and 100, taken together, thereby unintentionally excluded physical therapists who hold a compact privilege from s. 302.384 (1m). The inclusion of compact privilege physical therapists was intended under 2019 Wis. Act 100.

(2m) A sheriff, jailer, keeper of any prison, jail or house of correction and the arresting officer are immune from civil liability for any acts or omissions that occur as the result of a good faith effort to allow a prisoner to refuse appropriate care or treatment if all of the following occur:

(a) A sheriff, jailer, keeper or officer arranges for a health care professional to observe the prisoner.

(b) The health care professional informs the prisoner of the availability of appropriate care or treatment.

(c) The health care professional indicates on records kept by a sheriff, jailer, keeper or officer that appropriate care or treatment was offered and that the prisoner refused that care or treatment.

History: 1987 a. 269, 403; 1989 a. 31 s. 1659; Stats. 1989 s. 302.384; 2019 a. 90.