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) (am), to or from facilities or institutions providing health services.
146.55(1)(f)
(f) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
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) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under
42 USC 2476 under the appropriation under
s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.
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 (5) (ch), 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. 146.55(5)(a)(a) From the appropriation under
s. 20.435 (5) (ch), the department shall annually distribute funds to ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under
s. 146.50 (6), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under
s. 146.50 (6) (a) 3. and
(b) 1.
146.55(5)(b)
(b) The department shall require as a condition of relicensure that an ambulance service provider submit to the department a financial report on the expenditure of funds received under
par. (a).
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.
146.55 History
History: 1989 a. 102 ss.
15 to
17,
23,
25,
26,
60;
1991 a. 39,
269;
1993 a. 16,
251,
399,
491;
1997 a. 27,
79;
2001 a. 16,
109;
2005 a. 25.
146.56
146.56
Statewide trauma care system. 146.56(1g)
(1g) In this section, "performance improvement" means a method of evaluating and improving processes of trauma patient care that emphasizes a multidisciplinary approach to problem solving.
146.56(1r)
(1r) The department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under
s. 15.197 (25) in developing and implementing the system, and, as part of the system, shall develop regional trauma advisory councils.
146.56(2)
(2) The department shall promulgate rules to develop and implement the system. The rules shall include a method by which to classify all hospitals as to their respective emergency care capabilities. The classification rule shall be based on standards developed by the American College of Surgeons. Within 180 days after promulgation of the classification rule, and every 3 years thereafter, each hospital shall certify to the department the classification level of trauma care services that is provided by the hospital, based on the rule. The department may require a hospital to document the basis for its certification. The department may not direct a hospital to establish a certain level of certification. Confidential injury data that is collected under this subsection shall be used for confidential review relating to performance improvements in the trauma care system, and may be used for no other purpose.
146.56(3)
(3) Except as provided in
sub. (4), all information and documents provided by a hospital under
sub. (2) and all information and documents procured by or furnished to the department, the statewide trauma advisory council, or regional trauma advisory councils with respect to performance improvement activities, certifications by hospitals under
sub. (2), and documentation of the bases for hospitals' certifications under
sub. (2) are immune from discovery under
ch. 804, confidential, and privileged and may not be used or admitted into evidence in a civil action. With respect to a communication made by a staff member of the department or by an individual serving on the statewide trauma advisory council or a regional trauma advisory council, and to a finding or recommendation made under this section by the department, the statewide trauma advisory council, or a regional trauma advisory council, all of the following apply:
146.56(3)(a)
(a) The staff member or individual may not be examined in an action for civil damages with respect to the communication, finding, or recommendation.
146.56(3)(b)
(b) The staff member or individual has immunity from civil liability, with respect to the communication, finding, or recommendation, for any of the following:
146.56(3)(b)1.
1. An action taken or omitted by the staff member or individual in an official capacity.
146.56(3)(b)2.
2. A statement made in good faith by the staff member or individual in an official capacity.
146.56(4)
(4) Subsection (3) does not apply to the release of information and documents specified in
sub. (3) created apart from a performance improvement activity or apart from a certification by a hospital under
sub. (2) that are maintained by or for a hospital, the department, the statewide trauma advisory council, or a regional trauma advisory council for the particular purpose of diagnosing, treating, or documenting care provided to a particular patient or for another purpose, upon a showing by clear and convincing evidence that the information or documents are otherwise unavailable.
146.56 Cross-reference
Cross Reference: See also ch.
HFS 118, Wis. adm. code.
146.57
146.57
Statewide poison control system. 146.57(1m)(a)
(a) "Appropriate health-oriented background" means one of the following:
146.57(1m)(a)1.
1. Licensure as an emergency medical technician - basic, emergency medical technician - intermediate or emergency medical technician - paramedic under
s. 146.50 (5) (a).
146.57(1m)(a)3.
3. Completion of a training program directed by a physician specializing in toxicology and, as determined by the medical director of a poison control center, background sufficient to understand and interpret standard poison information resources and to transmit that information understandably to both health professionals and the public under the direct supervision of a staff member specified under
sub. (3m) (b) 1. to
7. or the medical director.
146.57(1m)(b)
(b) "On-line staff member" means a member of the staff of a poison control center who personally responds to telephone inquiries received by the poison control center.
146.57(1m)(e)
(e) "Poison control services" means poison prevention education, and rapid and accurate poison interpretation, poison intervention and management information.
146.57(1m)(g)
(g) "School of pharmacy" means a school of pharmacy that is accredited by the American Council on Pharmaceutical Education.
146.57(3)(a)(a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation under
s. 20.435 (5) (ds), the department shall, if the requirement under
par. (b) is met, distribute total funding of not more than $375,000 in each fiscal year to supplement the operation of the system 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(3m)
(3m) Requirements of poison control centers. 146.57(3m)(a)(a) A poison control center shall maintain telephone services capable of providing rapid, accurate and complete poison information that is accessible throughout the state and that is free to users through a statewide toll-free hotline.
