2022 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. XI of ch. 448; or a psychologist who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

NOTE: Sub. (1m) is shown as affected by 2021 Wis. Acts 131 and 240 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to subch. XI of ch. 448 was changed from subch. X of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. X of ch. 448.

(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; 2021 a. 131, 240; s. 13.92 (1) (bm) 2.; s. 13.92 (2) (i).