Wisconsin Statutes

Wis. Stat. § 655.001 (2026)

Definitions

✓ current as of July 2026

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655.001655.001 Definitions. In this chapter:

655.001(1)(1) “Board of governors” means the board created under s. 619.04 (3).

Effective date noteNOTE: Sub. (1) is renumbered to sub. (1r) eff. 9-1-26 by 2025 Wis. Act 17.

655.001(1g)(1g) “Advanced practice registered nurse” means an individual who is licensed under s. 441.09, who has qualified to practice independently in his or her recognized role under s. 441.09 (3m) (b), and who practices advanced practice registered nursing, as defined under s. 441.001 (1c), outside of a collaborative relationship with a physician or dentist, as described under s. 441.09 (3m) (a) 1., or other employment relationship.

Effective date noteNOTE: Sub. (1g) is created eff. 9-1-26 by 2025 Wis. Act 17.

655.001(1r)(1r) “Board of governors” means the board created under s. 619.04 (3).

Effective date noteNOTE: Sub. (1r) is shown as renumbered from sub. (1) eff. 9-1-26 by 2025 Wis. Act 17.

655.001(2)(2) “Claimant” means the person filing a request for mediation under s. 655.44 or 655.445.

655.001(4)(4) “Department” means the department of health services.

655.001(6)(6) “Fiscal year” means the period beginning on July 1 and ending on the following June 30.

655.001(7)(7) “Fund” means the injured patients and families compensation fund under s. 655.27.

655.001(7m)(7m) “Graduate medical education program” means a program approved by the medical examining board that provides postgraduate medical education and training for a person who possesses a diploma from a medical or osteopathic college or who has the equivalent education and experience from a foreign medical school recognized by the Education Commission for Foreign Medical Graduates.

655.001(7t)(7t) “Health care practitioner” means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not under the direction and supervision of a physician or advanced practice registered nurse.

Effective date noteNOTE: Sub. (7t) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(7t) “Health care practitioner” means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

655.001(8)(8) “Health care provider” means a person to whom this chapter applies under s. 655.002 (1) or a person who elects to be subject to this chapter under s. 655.002 (2).

655.001(8c)(8c) “Insurer” includes a foreign insurer that is a risk retention group that issues health care liability insurance under this chapter.

655.001(9)(9) “Nurse anesthetist” means a nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and who is certified as a nurse anesthetist by the American association of nurse anesthetists.

Effective date noteNOTE: Sub. (9) is repealed eff. 9-1-26 by 2025 Wis. Act 17.

655.001(10)(10) “Patient” means an individual who received or should have received health care services from a health care provider or from an employee of a health care provider acting within the scope of his or her employment.

655.001(10m)(10m) “Physician” means a medical or osteopathic physician licensed under ch. 448.

655.001(11)(11) “Principal place of practice” means any of the following:

655.001(11)(a)(a) The state in which a health care provider furnishes health care services to more than 50 percent of his or her patients in a fiscal year.

655.001(11)(b)(b) The state in which a health care provider derives more than 50 percent of his or her income in a fiscal year from the practice of his or her profession.

655.001(12)(12) “Representative” means the personal representative, spouse, parent, guardian, attorney or other legal agent of a patient.

655.001(13)(13) “Respondent” means the person alleged to have been negligent in a request for mediation filed under s. 655.44 or 655.445.

655.001(14)(14) “Self-insurance plan” means a plan approved by the commissioner to self-insure health care providers against medical malpractice claims in accordance with this chapter. A “self-insurance plan” may provide coverage to a single health care provider or affiliated health care providers.

655.001 HistoryHistory: 1975 c. 37, 79; 1977 c. 26 s. 75; 1977 c. 131; 1977 c. 203 s. 106; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1979 c. 124, 185, 355; 1983 a. 189 s. 329 (5); 1985 a. 340; 1987 a. 27, 182, 264, 403; 1989 a. 187; 1991 a. 214; 1993 a. 473; 1995 a. 27 s. 9126 (19); 1999 a. 22; 2001 a. 52; 2003 a. 111; 2005 a. 36, 51; 2007 a. 20 s. 9121 (6) (a); 2013 a. 20; 2015 a. 55; 2017 a. 135; 2025 a. 17.

655.001 AnnotationThis chapter is a constitutionally valid enactment. State ex rel. Strykowski v. Wilkie, 81 Wis. 2d 491, 261 N.W.2d 434 (1978).

655.001 AnnotationMedical Malpractice Panels: The Wisconsin Approach. Kravat. 61 MLR 55 (1977).

655.001 AnnotationTesting the Constitutionality of Medical Malpractice Legislation: The Wisconsin Medical Malpractice Act of 1975. Mathy. 1977 WLR 838.

655.001 AnnotationA summary of the new statutes governing medical malpractice. Saichek. WBB Oct. 1986.

Notes of Decisions

Cited in 32 cases (5 in the last 5 years), 1978–2025 · leading case: Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005).

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Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). · cites it 6× “" Wis. Stat. § 655.001 (10m). Because Dr. Lindemann was not yet licensed when he treated Marlene, he was not a "health care provider" under Wis.”

Phelps v. Physicians Ins., 2009 WI 74 (Wis. 2009). · cites it 4× “¶ 64 "Chapter 655 constitutes the exclusive procedure and remedy for medical malpractice in Wisconsin" against health care providers, as that term is defined in Wis. Stat. § 655.001 (8), and their employees.”

Clark v. Erdmann, 468 N.W.2d 18 (Wis. 1991). · cites it 9× “, 1983-84 which is part of the chapter on health care liability and patients compensation, expressly provided that podiatrists were included within its definition of "health care providers." Specifically, sec. 655.”

Est. of Anne Oros v. Divine Savior Healthcare Inc., 2022 WI 27 (Wis. 2022). · cites it 6× “health care provider[s]," as defined by Wis. Stat. §§ 655.001 (8) and 655.002, only when they are acting within "the scope of [their] employment" with the healthcare provider.”

Est. of Hegarty v. Beauchaine, 2006 WI App 248 (Wis. Ct. App. 2006). · cites it 4× “001 as a health care provider," OHIC submits that Children's is "expressly not covered by the umbrella policy because it is a Chapter 655 health care provider," and that "the maximum liability for which the health care provider ([Children's]) is insured is $400,000 and not…”

State Ex Rel. Strykowski v. Wilkie, 261 N.W.2d 434 (Wis. 1978). · cites it 3× “" Sec. 655.001(6), Stats. The composition of these formal panels is governed by sec.”

Bartholomew v. Wisconsin Patients Comp. Fund & Compcare Health Servs. Ins., 2006 WI 91 (Wis. 2006). · cites it 2× “55(4)(d) limit for medical malpractice or the § 893.55(4)(f) limit for wrongful death.”

Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2004 WI App 91 (Wis. Ct. App. 2004). · cites it 6× “Lindemann was not a "health care provider" under Wis. Stat. ch. 655 because he was not yet licensed when he treated Mrs.”

Webb v. Ocularra Holding, Inc., 2000 WI App 25 (Wis. Ct. App. 1999). · cites it 10× “Knut-zen is not a listed health care provider under the definitions found in Wis. Stat. § 655.001 (8). 4 Section 655.001(8) reads:" 'Health care provider' means a person to whom this chapter applies under s.”

Ritt v. Dental Care Assocs., S.C., 543 N.W.2d 852 (Wis. Ct. App. 1995). · cites it 4× “" Section 655.001(10m). The court in Clark also considered § 655.”

Patients Comp. Fund v. Lutheran Hosp.-LaCrosse, Inc., 573 N.W.2d 572 (Wis. Ct. App. 1997). · cites it 3× “However, every person who participates in the delivery of health care is not necessarily a health care provider.”

Patients Comp. Fund v. Lutheran Hosp.-LaCrosse, Inc., 588 N.W.2d 35 (Wis. 1999). · cites it 2× “" See Wis. Stat. § 655.002 (1)(a)-(c), (2). Therefore, there is no question, and the parties do not dispute, that a registered nurse such as Nurse Cowell does not qualify as a ch.”

Show all 32 citing cases →

— Wis. Stat. § 655.001(10) — 4 cases

Est. of Anne Oros v. Divine Savior Healthcare Inc., 2022 WI 27 (Wis. 2022). “health care provider[s]," as defined by Wis. Stat. §§ 655.001 (8) and 655.002, only when they are acting within "the scope of [their] employment" with the healthcare provider.”

Wisconsin Patients Comp. Fund v. Cont'l Cas. Co., 361 N.W.2d 666 (Wis. 1985).

Konkel v. Acuity, 2009 WI App 132 (Wis. Ct. App. 2009).

Natalie Kennedy v. Terry Gander, P.A. (Wis. Ct. App. 2021).

— Wis. Stat. § 655.001(10m) — 5 cases

Ritt v. Dental Care Assocs., S.C., 543 N.W.2d 852 (Wis. Ct. App. 1995). “" Section 655.001(10m). The court in Clark also considered § 655.”

Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2004 WI App 91 (Wis. Ct. App. 2004). “Lindemann was not a "health care provider" under Wis. Stat. ch. 655 because he was not yet licensed when he treated Mrs.”

Phelps v. Physicians Ins. Co. of Wisconsin, 2008 WI App 6 (Wis. Ct. App. 2007).

Natalie Kennedy v. Terry Gander, P.A. (Wis. Ct. App. 2021).

Phelps v. Physicians Ins. Co. of Wisconsin, 2008 WI App 6 (Wis. Ct. App. 2007).

— Wis. Stat. § 655.001(12) — 1 case

Wisconsin Patients Comp. Fund v. Cont'l Cas. Co., 361 N.W.2d 666 (Wis. 1985).

— Wis. Stat. § 655.001(6) — 1 case

State Ex Rel. Strykowski v. Wilkie, 261 N.W.2d 434 (Wis. 1978). “" Sec. 655.001(6), Stats. The composition of these formal panels is governed by sec.”

— Wis. Stat. § 655.001(8) — 15 cases

Clark v. Erdmann, 468 N.W.2d 18 (Wis. 1991). “, 1983-84 which is part of the chapter on health care liability and patients compensation, expressly provided that podiatrists were included within its definition of "health care providers." Specifically, sec. 655.”

Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). “" Wis. Stat. § 655.001 (10m). Because Dr. Lindemann was not yet licensed when he treated Marlene, he was not a "health care provider" under Wis.”

Est. of Anne Oros v. Divine Savior Healthcare Inc., 2022 WI 27 (Wis. 2022). “health care provider[s]," as defined by Wis. Stat. §§ 655.001 (8) and 655.002, only when they are acting within "the scope of [their] employment" with the healthcare provider.”

Ritt v. Dental Care Assocs., S.C., 543 N.W.2d 852 (Wis. Ct. App. 1995). “" Section 655.001(10m). The court in Clark also considered § 655.”

Patients Comp. Fund v. Lutheran Hosp.-LaCrosse, Inc., 573 N.W.2d 572 (Wis. Ct. App. 1997). “However, every person who participates in the delivery of health care is not necessarily a health care provider.”

— Wis. Stat. § 655.001(8)(a) — 1 case

Jesse v. Danforth, 473 N.W.2d 532 (Wis. Ct. App. 1991).

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