Date of enactment: March 14, 2008
2007 Senate Bill 142 Date of publication*: March 28, 2008
* Section 991.11, Wisconsin Statutes 2005-06 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2007 WISCONSIN ACT 104
An Act to renumber 49.45 (3) (m) and 440.01 (1) (a); to renumber and amend 48.67, 440.983 (2), 446.02 (2) (b), 447.04 (1) (b) and 447.04 (2) (b); to amend 100.178 (2) (a) and (b), 446.02 (1) (b), 446.02 (3g) (b), 446.02 (3r), 447.05, 448.953 (2) (intro.), 448.953 (2) (b), 448.953 (3) (a), 448.953 (4) (a) and 460.05 (3) (intro.); and to create 46.03 (38), 48.67 (3), 49.45 (3) (m) 2., 50.36 (5), 146.50 (9m), 146.555, 146.58 (9), 254.47 (6), 440.01 (1) (ad), 440.01 (1) (ag), 440.01 (1) (i), 440.982 (1m) (d), 440.983 (2) (b), 446.02 (2) (b) 3., 447.04 (1) (a) 5m., 447.04 (1) (b) 2., 447.04 (1) (c) 1. d., 447.04 (2) (a) 5m., 447.04 (2) (b) 2., 448.9525 (1) (e), 448.953 (1) (i), 448.955 (2) (d), 460.04 (2) (e), 460.05 (1) (i) and 460.07 (2) (d) of the statutes; relating to: requirements to have current proficiency in the use of an automated external defibrillator, instruction in resuscitation, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
104,1 Section 1. 46.03 (38) of the statutes is created to read:
46.03 (38) Automatic external defibrillator instruction. Approve individuals, organizations, or institutions of higher education to provide instruction in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), for persons who are required as a condition of licensure, certification, or registration to have current proficiency in the use of an automatic external defibrillator.
104,2 Section 2. 48.67 of the statutes is renumbered 48.67 (intro.) and amended to read:
48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. In establishing the minimum requirements for the issuance of licenses to day care centers, the department Those rules shall include a requirement that rules that require all of the following:
(1) That all day care center licensees who are individuals, and all employees and volunteers of a licensee day care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the licensee, employee, or volunteer provides care and supervision for children under one year of age, and the.
(2) That all day care center licensees, and all employees and volunteers of a day care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4), if the licensee, employee, or volunteer provides care and supervision for children under 5 years of age.
104,3 Section 3. 48.67 (3) of the statutes is created to read:
48.67 (3) (a) That all day care center licensees, and all employees of a day care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
(b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
(c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.
(d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
104,4 Section 4. 49.45 (3) (m) of the statutes is renumbered 49.45 (3) (m) 1.
104,5 Section 5. 49.45 (3) (m) 2. of the statutes is created to read:
49.45 (3) (m) 2. A person who is certified to provide transportation by specialized medical vehicle under sub. (2) (a) 11. shall ensure that every person who drives or serves as an attendant to passengers on a specialized medical vehicle, before driving or serving as an attendant, has current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
104,6 Section 6. 50.36 (5) of the statutes is created to read:
50.36 (5) Before providing emergency services in a hospital, medical and nursing personnel shall have proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
104,7 Section 7. 100.178 (2) (a) and (b) of the statutes are amended to read:
100.178 (2) (a) At all times during which the fitness center is open and its facilities and services are available for use, have at least one employee present on the premises of the fitness center at least one employee who has satisfactorily completed a course or courses in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and at least one employee who has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
(b) Ensure that each of its employees, within 90 days after hire, satisfactorily completes at least one course in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
104,8 Section 8. 146.50 (9m) of the statutes is created to read:
146.50 (9m) Defibrillation training. The department shall promulgate rules requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders to successfully complete training on the use of an automated external defibrillator. The rules shall specify the content of the training, qualifications for providers of the training, and the frequency with which emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders must complete the training.
104,8g Section 8g. 146.555 of the statutes is created to read:
146.555 Cardiocerebral resuscitation. Any person who offers certification in cardiopulmonary resuscitation shall provide the written information on cardiocerebral resuscitation that is prepared by the emergency medical services board under s. 146.58 (9) to each individual to whom the person provides instruction in cardiopulmonary resuscitation.
104,8m Section 8m. 146.58 (9) of the statutes is created to read:
146.58 (9) Prepare written information on cardiocerebral resuscitation and provide the information to persons who offer certification in cardiopulmonary resuscitation.
104,9 Section 9. 254.47 (6) of the statutes is created to read:
254.47 (6) Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s. 46.03 (38) to provide such instruction.
104,10 Section 10. 440.01 (1) (a) of the statutes is renumbered 440.01 (1) (aj).
104,11 Section 11. 440.01 (1) (ad) of the statutes is created to read:
440.01 (1) (ad) "Automated external defibrillator" means a defibrillator device to which all of the following apply:
1. It is approved for commercial distribution by the federal food and drug administration.
2. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.
3. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.
104,12 Section 12. 440.01 (1) (ag) of the statutes is created to read:
440.01 (1) (ag) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.
104,13 Section 13. 440.01 (1) (i) of the statutes is created to read:
440.01 (1) (i) "Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.
104,14 Section 14. 440.982 (1m) (d) of the statutes is created to read:
440.982 (1m) (d) The person submits evidence satisfactory to the department that the person has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
104,15 Section 15. 440.983 (2) of the statutes, as created by 2005 Wisconsin Act 292, is renumbered 440.983 (2) (intro.) and amended to read:
440.983 (2) (intro.) A licensed midwife shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department that he of all of the following:
(a) He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
104,16 Section 16. 440.983 (2) (b) of the statutes is created to read:
440.983 (2) (b) He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
104,17 Section 17. 446.02 (1) (b) of the statutes is amended to read:
446.02 (1) (b) Meets the requirements of continuing education for license renewal as the examining board may require, which requirements shall include current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. Any person who has not engaged in the practice of chiropractic for 2 years or more, while holding a valid license under this chapter, and desiring to engage in such practice, shall be required by the examining board to complete a continuing education course at a school of chiropractic approved by the examining board or pass a practical examination administered by the examining board or both.
104,18 Section 18. 446.02 (2) (b) of the statutes is renumbered 446.02 (2) (b) (intro.) and amended to read:
446.02 (2) (b) (intro.) The examining board shall promulgate rules establishing educational requirements for obtaining a license under par. (a). The rules shall require that an application for the license that is received by the department after June 30, 1998, be accompanied by satisfactory evidence that the applicant has satisfies all of the following:
1. Has a bachelor's degree from a college or university accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education, and has.
2. Has graduated from a college of chiropractic approved by the examining board.
104,19 Section 19. 446.02 (2) (b) 3. of the statutes is created to read:
446.02 (2) (b) 3. Has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
104,20 Section 20. 446.02 (3g) (b) of the statutes is amended to read:
446.02 (3g) (b) The examining board shall promulgate rules establishing additional requirements for obtaining a license under par. (a), including a requirement that each person licensed under this subsection has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
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