146.50(8)(c)
(c) To be eligible for a renewal of a certificate as a first responder—defibrillation, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated by the department.
146.50(8)(d)
(d) The department may charge a reasonable fee for a certificate initially issued or renewed under this subsection.
146.50(8)(e)
(e) A certified first responder—defibrillation is authorized to use an automatic or semiautomatic defibrillator, as prescribed for first responders—defibrillation in rules promulgated by the department. The rules shall set forth authorization for the use of an automatic defibrillator, a semiautomatic defibrillator or, for a defibrillator that may be operated in more than one mode, use in the automatic or semiautomatic mode only.
146.50(8)(f)
(f) The department may issue a certificate as a first responder—defibrillation, without requiring satisfactory completion of any instruction or training that may be required under
par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders—defibrillation in this state, and that the applicant is otherwise qualified.
146.50(8m)
(8m) Qualifications for medical directors. The department shall promulgate rules that set forth qualifications for medical directors. Beginning on July 1, 1995, no ambulance service provider that offers services beyond basic life support services may employ, contract with or use the services of a physician to act as a medical director unless the physician is qualified under this subsection.
146.50(9)
(9) Training. The department may arrange for or approve courses of or instructional programs in or outside this state to meet the education and training requirements of this section, including training required for license or certificate renewal. Courses required for a license or renewal of a license as an emergency medical technician—basic shall be free of charge to an individual who is employed by or affiliated with a public agency, volunteer fire company or nonprofit corporation and is the holder of a license or training permit as an emergency medical technician—basic or eligible to hold such a license or training permit. If the department determines that an area or community need exists, the courses shall be offered at technical colleges in the area or community. Initial priority shall be given to the training of emergency medical technicians—basic serving the rural areas of the state. If an emergency medical technician—basic completes a course approved by the department on treatment of anaphylactic shock, the emergency medical technician—basic acts within the scope of the license if he or she performs injections or other treatment for anaphylactic shock under the direction of a physician.
146.50(10)
(10) License renewal. Every holder of a license issued under
sub. (5) or
(7) shall renew the license on July 1 of each even-numbered year by applying to the department on forms provided by the department. Upon receipt of an application for renewal containing documentation acceptable to the department that the requirements of
sub. (6) have been met, the department shall renew the license unless the department finds that the applicant has acted in a manner or under circumstances constituting grounds for suspension or revocation of the license.
146.50(11)
(11) Unlicensed or uncertified operation. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in all proceedings, institute an action in the name of the state against any person for any of the following:
146.50(11)(a)
(a) To restrain or prevent action as an ambulance service provider by a person in violation of
sub. (2).
146.50(11)(b)
(b) To restrain or prevent action by an ambulance service provider in violation of this section or a rule promulgated under this section.
146.50(11)(c)
(c) To restrain or prevent action as an emergency medical technician by an individual in violation of
sub. (2).
146.50(11)(d)
(d) To restrain or prevent action by an emergency medical technician in violation of this section or a rule promulgated under this section.
146.50(11)(e)
(e) To restrain or prevent the establishment, management or operation of an ambulance service, as defined in
s. 146.55 (1) (a), in violation of
sub. (4).
146.50(11)(f)
(f) To restrain or prevent action by a first responder—defibrillation in violation of this section or a rule promulgated under this section.
146.50(12)(a)(a) All records made by an ambulance service provider, an emergency medical technician or a first responder—defibrillation in administering emergency care procedures to and handling and transporting sick, disabled or injured individuals shall be maintained as confidential patient health care records subject to
ss. 146.81 to
146.84 and, if applicable,
s. 252.15 (5) (a) (intro.),
(6),
(8) and
(9). For the purposes of this paragraph, an ambulance service provider, an emergency medical technician or a first responder—defibrillation shall be considered to be a health care provider under
s. 146.81 (1). Nothing in this paragraph permits disclosure to an ambulance service provider, an emergency medical technician or a first responder—defibrillation under
s. 252.15 (5) (a), except under
s. 252.15 (5) (a) 11.
146.50(12)(b)
(b) Notwithstanding
par. (a), an ambulance service provider, who is an authority, as defined in
s. 19.32 (1), may make available, to any requester, information contained on a record of an ambulance run which identifies the ambulance service provider and emergency medical technicians involved; date of the call; dispatch and response times of the ambulance; reason for the dispatch; location to which the ambulance was dispatched; destination, if any, to which the patient was transported by ambulance; and name, age and gender of the patient. No information disclosed under this paragraph may contain details of the medical history, condition or emergency treatment of any patient.
146.50(13)(a)(a) The department may promulgate rules necessary for administration of this section.
146.50(13)(c)
(c) The department shall promulgate rules that specify actions that emergency medical technicians may undertake after December 31, 1995, including rules that specify the required involvement of physicians in actions undertaken by emergency medical technicians.
146.50 History
History: 1973 c. 321;
1975 c. 39 ss.
645 to
647d,
732 (2);
1975 c. 224;
1977 c. 29,
167;
1979 c. 321;
1981 c. 73,
380;
1981 c. 391 s.
211;
1983 a. 189;
1985 a. 120,
135;
1987 a. 70,
399;
1989 a. 31;
1989 a. 102 ss.
20,
21,
36 to
59;
1991 a. 39,
238;
1993 a. 27,
29,
105,
183,
251,
399.
146.50 Annotation
Discussion of malpractice liability of state officers and employes. 67 Atty. Gen. 145.
146.50 Annotation
Under present law, ambulance records relating to medical history, condition or treatment are confidential while other ambulance call records are subject to disclosure under public records law.
78 Atty. Gen. 71.
146.53
146.53
State emergency medical services activities. 146.53(1)(b)
(b) "Board" means the emergency medical services board.
146.53(1)(d)
(d) "First responder" means a person who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual before the arrival of an ambulance, but who does not provide transportation for a patient.
146.53(2)
(2) State emergency medical services plan. 146.53(2)(a)(a) By December 31, 1995, the department shall prepare a state emergency medical services plan. The plan shall include an identification of priorities for changes in the state emergency medical services system for the 2 years following preparation of the plan. In preparing the plan, the department shall review all statutes and rules that relate to emergency medical services and recommend in the plan any changes in those statutes and rules that the department considers appropriate. After initial preparation of the plan, the department shall keep the plan current and shall reorder priorities for changes in the state emergency medical services system, based on determinations of the board.
146.53(2)(b)
(b) Biennially, prior to final adoption of the state emergency medical services plan, the department shall hold at least one public hearing on a draft of the plan.
146.53(2)(c)
(c) The department shall provide a copy of the state emergency medical services plan biennially to the legislature under
s. 13.172 (2).
146.53(3)
(3) Qualifications of state supervisor. The board shall recommend to the department the qualifications of any individual who may be hired on or after April 23, 1994, to supervise the subunit of the department that is primarily responsible for regulation of emergency medical services.
146.53(4)
(4) Departmental rules; consultation. The department shall consult with the board before promulgating a proposed rule that relates to funding of emergency medical services programs under
s. 146.55 or to regulation of emergency medical services.
146.53(5)
(5) Departmental duties. The department shall:
146.53(5)(a)
(a) Serve as the lead state agency for emergency medical services.
146.53(5)(b)
(b) Implement measures to achieve objectives that are set forth in the state emergency medical services plan under
sub. (2).
146.53(5)(c)
(c) Provide quality assurance in the emergency medical services system, including collecting and analyzing data relating to local and regional emergency medical services systems, ambulance service providers, first responders and emergency medical technicians.
146.53(5)(d)
(d) Provide technical assistance to ambulance service providers, first responders and emergency medical technicians in developing plans, expanding services and complying with applicable statutes and rules.
146.53(5)(e)
(e) Set standards for all organizations that offer training to first responders and emergency medical technicians on what topics should be included in initial training and continuing training.
146.53(5)(f)
(f) Facilitate integration of ambulance service providers and hospitals in the same geographic area.
146.53(5)(g)
(g) Review recommendations of the board. The department may promulgate any rule changes necessary to implement those recommendations and may pursue any statutory changes necessary to implement those recommendations.
146.53(5)(h)
(h) Investigate complaints received regarding ambulance service providers, first responders, emergency medical technicians and medical directors and take appropriate actions after first consulting with the board and the state medical director for emergency medical services.
146.53(5)(i)
(i) Provide advice to the adjutant general of the department of military affairs on the emergency medical aspects of the state plan of emergency management under
s. 166.03 (2) (a) 1. and coordinate emergency activities with the department of military affairs.
146.53(5)(j)
(j) Consult at least annually with the technical college system board and the department of transportation on issues that affect ambulance service providers, first responders and emergency medical technicians.
146.53(5)(k)
(k) Promulgate rules that set forth the authority and duties of medical directors and the state medical director for emergency medical services.
146.53 History
History: 1993 a. 251,
491;
1995 a. 247.
146.55
146.55
Emergency medical services programs. 146.55(1)(a)
(a) "Ambulance service" means the business of transporting sick, disabled or injured individuals by ambulance, as defined in
s. 146.50 (1) (a), to or from facilities or institutions providing health services.
146.55(1)(f)
(f) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
146.55(2)
(2) Emergency medical services programs. 146.55(2)(a)(a) Any county, city, town, village, hospital or combination thereof may, after submission of a plan approved by the department, conduct an emergency medical services program using emergency medical technicians—paramedics for the delivery of emergency medical care to sick, disabled or injured individuals at the scene of an emergency and during transport to a hospital, while in the hospital emergency department until responsibility for care is assumed by the regular hospital staff, and during transfer of a patient between health care facilities. An ambulance service provider may, after submission of a plan approved by the department, conduct an emergency medical services program using emergency medical technicians—paramedics for the delivery of emergency medical care to sick, disabled or injured individuals during transfer of the individuals between health care facilities. Nothing in this section shall be construed to prohibit the operation of fire department, police department, for-profit ambulance service provider or other emergency vehicles using the services of emergency medical technicians—paramedics in conjunction with a program approved by the department. Hospitals that offer approved training courses for emergency medical technicians—paramedics should, if feasible, serve as the base of operation for approved programs using emergency medical technicians—paramedics.
146.55(2)(b)
(b) The department shall review and, if the department determines that the plans are satisfactory, approve the plans submitted under
par. (a). The department shall:
146.55(2)(b)1.
1. Provide administrative support and technical assistance to emergency medical services programs that use emergency medical technicians or ambulance service providers.
146.55(2)(b)2.
2. Coordinate the activities of agencies and organizations providing training for the delivery of emergency medical services.
146.55(2)(b)3.
3. Assist the development of training for emergency medical technicians.
146.55(2)(b)4.
4. Assess the emergency medical resources and services of the state and encourage the allocation of resources to areas of identified need.
146.55(2)(b)5.
5. Assist hospitals in planning for appropriate and efficient handling of the critically ill and injured.
146.55(2m)
(2m) State medical director for emergency medical services program. 146.55(2m)(a)(a) From the funding under the preventive health services project grant program under
42 USC 2476 under the appropriation under
s. 20.435 (1) (mc), the department shall expend $25,000 in each fiscal year to contract for the services of one physician to direct the state emergency medical services program.
146.55(2m)(b)
(b) The physician under
par. (a) shall be called the state medical director for the emergency medical services program, shall have at least 3 years of experience in the conduct and delivery of prehospital emergency medical services as a physician practicing emergency or prehospital medicine in a hospital or agency and shall have actively participated in and had major responsibility for the development, management, execution and coordination of programs, policies and procedures in the delivery of emergency medical services.
146.55(4)
(4) Support and improvement of ambulance services. 146.55(4)(a)(a) From the appropriation under
s. 20.435 (1) (rm), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under
s. 146.50 (5).
146.55(4)(b)
(b) If a public agency has contracted for ambulance service with an ambulance service provider that operates for profit, the department shall distribute funds under
par. (a) to the public agency.
146.55(4)(c)
(c) Funds distributed under
par. (a) or
(b) shall supplement existing, budgeted moneys of or provided to an ambulance service provider and may not be used to replace, decrease or release for alternative purposes the existing, budgeted moneys of or provided to the ambulance service provider. In order to ensure compliance with this paragraph, the department shall require, as a condition of relicensure, a financial report of expenditures under this subsection from an ambulance service provider and may require a financial report of expenditures under this subsection from an owner or operator of an ambulance service or a public agency, volunteer fire department or a nonprofit corporation with which an ambulance service provider has contracted to provide ambulance services.
146.55(5)
(5) Emergency medical technician training and examination aid. From the appropriation under
s. 20.435 (1) (rm), the department shall annually distribute funds to entities, including technical college districts, whose courses or instructional programs are approved by the department under
s. 146.50 (9), to assist the entities in providing the training required for licensure and renewal of licensure as an emergency medical technician—basic under
s. 146.50 (6), and to fund each examination administered by the entity for licensure or renewal of licensure as an emergency medical technician—basic under
s. 146.50 (6) (a) 3. and
(b) 1.
146.55(6)(b)
(b) Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in all proceedings, institute an action in the name of the state against any person to restrain or prevent the establishment, management or operation of any emergency medical services program that is not approved under
sub. (2) (a) or that is in violation of this section or a rule promulgated under this section.
146.55(7)
(7) Insurance. A physician who participates in an emergency medical services program under this section or as required under
s. 146.50 shall purchase health care liability insurance in compliance with
subch. III of ch. 655, except for those acts or omissions of a physician who, as a medical director, reviews the performance of emergency medical technicians or ambulance service providers, as specified under
s. 146.37 (1g).
146.55(8)
(8) Exception to treatment. This section and the rules promulgated under this section may not be construed to authorize the provision of services or treatment to any individual who objects for reasons of religion to the treatment or services, but may be construed to authorize the transportation of such an individual to a facility of the individual's choice within the jurisdiction of the emergency medical service.
146.57
146.57
Statewide poison control program. 146.57(3)(a)(a) The department shall implement a statewide poison control program. From the appropriation under
s. 20.435 (1) (ds), the department shall, if the requirement under
par. (b) is met, distribute total funding of not more than $187,500 in each fiscal year to supplement the operation of the program and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.
146.57(3)(b)
(b) No poison control center may receive funds under
par. (a) unless the poison control center provides a matching contribution of at least 50% of the state funding for the center. Private funds and in-kind contributions may be used to meet this requirement.
146.57(4)
(4) Rule making. The department shall promulgate rules that specify the information that shall be reported to the department under the statewide poison control program.
146.57 History
History: 1993 a. 16;
1995 a. 27.
146.58
146.58
Emergency medical services board. The emergency medical services board shall do all of the following:
146.58(1)
(1) Appoint an advisory committee of physicians with expertise in the emergency medical services area to advise the department on the criteria for selection of the state medical director for emergency medical services and on the performance of the director and to advise the director on appropriate medical issues.
