AB876: Bill Text

AB876,3,9 (2) Use of certified hyperbaric chambers. No person may operate a hyperbaric chamber in this state without a valid certificate of inspection, received under sub. (3) (a), pertaining to the hyperbaric chamber. No person may operate a hyperbaric chamber that violates any applicable rules promulgated under sub. (3) (b). Every owner of a hyperbaric chamber shall maintain all certificates of inspection relating to the hyperbaric chamber as long as the hyperbaric chamber may be operated except that, if the owner transfers ownership of the hyperbaric chamber to another person, the owner shall transfer all of the certificates of inspection to the person.

AB876,3,14 (3) Enforcement. (a) Inspection and certification. The department shall inspect and certify each hyperbaric chamber in this state before the hyperbaric chamber is placed into operation. The department shall inspect and certify each hyperbaric chamber placed into operation in this state at least once every 36 months after the date of the initial certification.

AB876,3,21 (b) Rules. The department shall promulgate rules for the efficient administration of this section and to promote the use of safe hyperbaric chambers in this state. The rules shall establish standards for the design, fabrication, testing, marking, stamping and cleaning of hyperbaric chambers, and any ancillary equipment used in conjunction with hyperbaric chambers, and shall be as consistent as possible with national standards for pressure vessels for human occupancy and hyperbaric chambers.

AB876,3,23 (4) Penalty. Any person who violates sub. (2) or any rule promulgated under sub. (3) (b) may be required to forfeit not more than $1,000 for each violation.

AB876, s. 4 Section 4. 146.525 of the statutes is created to read:

AB876,3,25 146.525 Clinical hyperbaric chambers. (1) Definitions. In this section:

AB876,4,3 (a) "Hyperbaric chamber" means a pressure vessel that is designed to contain at least one individual entirely enclosed within it and that is operated at a pressure greater than atmospheric.

AB876,4,5 (b) "Hyperbaric physician" means a physician who meets all of the requirements of sub. (2) (e).

AB876,4,6 (c) "Physician" has the meaning given in s. 448.01 (5).

AB876,4,8 (2) Operation of hyperbaric chambers. No individual may operate a hyperbaric chamber unless the individual meets all of the following requirements:

AB876,4,13 (a) The individual is a physician; physician assistant, as defined in s. 448.01 (6); registered nurse, as defined in s. 146.40 (1) (f); licensed practical nurse, as defined in s. 146.40 (1) (c); a respiratory therapist; emergency medical technician, as defined in s. 146.50 (1 (e); or an individual trained in commercial or navy diving chamber technology.

AB876,4,18 (b) The individual has completed basic training approved by the Undersea and Hyperbaric Medical Society for the operation of a hyperbaric chamber or has completed training that the board of medical examiners determines meets the same standards as the training approved by the Undersea and Hyperbaric Medical Society.

AB876,4,24 (c) The individual completes supplemental training specified by the department by rule. The department shall permit an individual to satisfy the supplemental training requirement under this paragraph by verifying in writing, including all information specified by the department by rule, that he or she operates a hyperbaric chamber for at least 480 hours per year under the direct supervision of another individual who is fully trained to operate a hyperbaric chamber.

AB876,5,10 (d) In the case of an individual operating a hyperbaric chamber that is designed to accommodate more than one individual at a time, the individual receives additional training specific to that type of hyperbaric chamber. The department shall promulgate rules specifying the training required to satisfy this paragraph. In promulgating the rules, the department shall permit an individual to satisfy the requirement under this paragraph by submitting to the department a letter from the medical director of the facility where the individual operates a hyperbaric chamber that verifies that the individual has mastered the skills necessary for the operation of a hyperbaric chamber designed to accommodate more than one individual at a time.

AB876,5,12 (e) The individual is supervised by a physician who meets all of the following requirements:

AB876,5,16 1. The physician has completed introductory training in hyperbaric medicine approved by the Undersea and Hyperbaric Medical Society, or has completed training that the board of medical examiners determines meets the same standards as the training approved by the Undersea and Hyperbaric Medical Society.

AB876,6,2 2. In the case of the supervision of an individual operating a hyperbaric chamber that is designed to accommodate more than one patient at a time, the physician receives additional training specific to that type of hyperbaric chamber. The department shall promulgate rules specifying the training required to satisfy this paragraph. In promulgating the rules, the department shall permit a physician to satisfy the requirements under this paragraph by submitting to the department a letter from the medical director of the facility where the physician supervises the operation of a hyperbaric chamber that verifies that the physician has mastered the skills necessary for the operation of a hyperbaric chamber designed to accommodate more than one patient at a time.

AB876,6,4 3. Biennially, the physician receives at least 16 hours of continuing medical education in hyperbaric medicine.

AB876,6,6 (3) Duties of hyperbaric physicians and chamber operators. (a) A hyperbaric physician shall do all of the following:

AB876,6,9 1. Make himself or herself immediately available, or designate a physician to be immediately available, to the operator of the hyperbaric chamber to manage patient emergencies.

AB876,6,11 2. Ensure that training of all hyperbaric chamber personnel is complete and documented.

AB876,6,14 3. Maintain complete records of patients for whom the hyperbaric physician prescribes hyperbaric treatment, including the indication and rationale for the treatment of each disorder treated.

AB876,6,21 (b) An individual who operates a hyperbaric chamber shall operate it only in accordance with operating protocols established by the department by rule, in consultation with the department of commerce. No individual may operate a hyperbaric chamber to treat another individual unless the treatment has been prescribed for that individual by a hyperbaric physician. A hyperbaric chamber operator shall maintain written records documenting all of the following with respect to each hyperbaric chamber session:

AB876,6,22 1. The purpose of the hyperbaric exposure.

AB876,6,23 2. The names and positions of all personnel present during the session.

AB876,6,25 3. The names of all of the individuals exposed to hyperbaric pressure during the session.

AB876,7,1 4. The pressure and time profile of the exposure.

AB876,7,5 5. Any equipment defects detected before, during or after the hyperbaric exposure. The operator of the hyperbaric chamber shall report all equipment defects to the hyperbaric physician and shall ensure that the detected defects are corrected before using, or continuing to use, the equipment.

AB876,7,13 (5) Facility license required. The department shall provide uniform, statewide, biennial licensing of hyperbaric chamber facilities. No person may operate a hyperbaric chamber in a facility that is not licensed under this subsection. The department may not license a facility under this subsection unless the facility is operated within a hospital that is approved under s. 50.35, within a clinic that is affiliated with a hospital that is approved under s. 50.35 or within the primary place of business of a private practice physician. The department shall establish by rule a biennial fee for a license issued under this subsection.

AB876, s. 5 Section 5 . Nonstatutory provisions.

AB876,7,19 (1) Department of commerce; rules. No later than the first day of the 3rd month beginning after publication, the department of commerce shall submit in proposed form the rules under section 101.20 (3) (b) of the statutes, as created by this act, governing hyperbaric chambers, to the legislative council staff under section 227.15 (1) of the statutes.

AB876,7,24 (2) Department of health and family services; rules. No later than the first day of the 3rd month beginning after publication, the department of health and family services shall submit in proposed form the rules under section 146.525 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

AB876, s. 6 Section 6. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB876,8,3 (1) The treatment of Section 5 takes effect on the day after publication.

AB876,8,4 (End)