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.
146.57(3m)(b)
(b) An on-line staff member who interprets poison exposure data and provides poison intervention and management information shall be one of the following:
146.57(3m)(b)4.
4. A person who is certified by or eligible for certification by the American Association of Poison Control Centers as a specialist in poison information.
146.57(3m)(b)5.
5. A school of pharmacy graduate who is in residency training.
146.57(3m)(b)6.
6. A school of pharmacy enrollee who has completed the 2nd professional practice year.
146.57(3m)(b)7.
7. A person who was employed as an on-line staff member on May 1, 1994, who has worked in that capacity at the poison control center for at least 3 years and who annually receives at least 16 documented hours of continuing education in interpreting poison exposure data and providing poison intervention and management information.
146.57(3m)(b)8.
8. A person who is designated as a poison information provider, annually receives at least 16 documented hours of job-relevant continuing education and has an appropriate health-oriented background.
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 Cross-reference
Cross Reference: See also ch.
HFS 167, Wis. adm. code.
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.
146.58(4)
(4) Periodically review all emergency medical services statutes and rules for surface, water and air transportation and recommend to the department and the department of transportation changes in those statutes and rules to provide different personnel and equipment requirements, where appropriate, for emergency response, nonemergency response and interfacility transportation of patients.
146.58(5)
(5) Seek involvement in its deliberations by appropriate personnel from the department, the technical college system board and the department of transportation.
146.58(6)
(6) Seek involvement in its deliberations by ambulance service provider personnel, emergency medical technicians, first responders, persons who train emergency medical services personnel and other interested persons.
146.58(7)
(7) Advise, make recommendations to, and consult with the department concerning the funding under
s. 146.55 (4) and
(5), including recommending a formula for allocating funds among ambulance service providers under
s. 146.55 (5).
146.59
146.59
University of Wisconsin Hospitals and Clinics Board. 146.59(1)(a)
(a) "Authority" means the University of Wisconsin Hospitals and Clinics Authority.
146.59(1)(b)
(b) "Board" means the University of Wisconsin Hospitals and Clinics Board.
146.59(2)(b)
(b) If a contractual services agreement is terminated under
s. 233.04 (4m) (b), the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority or the board of regents of the University of Wisconsin System under
s. 233.04 (4m) (b).
146.59(3)(a)(a) Any contractual services agreement under
sub. (2) may include a provision that authorizes the authority to perform specified duties for the board with respect to employees of the board. This authorization may include duties related to supervising employees, taking disciplinary action or recommending new hires or layoffs, or with respect to collective bargaining, claims, complaints, or benefits and records administration.
146.59(3)(b)
(b) Any authorization under
par. (a) shall comply with all applicable provisions of
subch. V of ch. 111 and
ch. 230, any delegation of authority by the office of state employment relations to the board, and any collective bargaining agreement with respect to employees of the board.
146.59 History
History: 1995 a. 27,
216;
2003 a. 33 ss.
2060,
9160.
146.60
146.60
Notice of release of genetically engineered organisms into the environment. 146.60(1)(a)
(a) "Confidential information" means information entitled to confidential treatment under
sub. (6) (a) 1. or
2.
146.60(1)(b)
(b) "Coordinated framework" means the coordinated framework for regulation of biotechnology set forth in 51 Fed. Reg. 23302 to 23350 (June 26, 1986), as amended by 52 Fed. Reg. 22892 to 22915 (June 16, 1987), and subsequent amendments to the coordinated framework for regulation of biotechnology.
146.60(1)(c)
(c) "Departments" means the department of agriculture, trade and consumer protection and the department of natural resources.
146.60(1)(d)
(d) "Federal regulator" means a federal agency or a designee of a federal agency which is responsible for regulating a release into the environment under the coordinated framework.
146.60(1)(e)
(e) "Regulated release" means a release into the environment for which the coordinated framework requires that the person proposing to commence the release into the environment do any of the following:
146.60(1)(e)1.
1. Notify a federal regulator of the release into the environment.
146.60(1)(e)2.
2. Secure the approval of or a permit or license from a federal regulator as a condition of commencing the release into the environment.
146.60(1)(e)3.
3. Secure a determination by a federal regulator of the need for notification, approval, licensing or permitting by the federal regulator, if the determination is part of a procedure specified in the coordinated framework.
146.60(1)(f)
(f) "Release into the environment" means the introduction or use in this state of an organism or pathogen anywhere except within an indoor facility which is designed to physically contain the organism or pathogen, including a laboratory, greenhouse, growth chamber or fermenter.
146.60(1)(g)
(g) "Reviewing department" means the department designated in
sub. (2) to review a regulated release.
146.60(2)(a)(a) The department of natural resources shall be the reviewing department for any regulated release subject to
15 USC 2601 to
2629.
146.60(2)(b)
(b) The department of agriculture, trade and consumer protection shall be the reviewing department for any regulated release subject to any federal requirement in the coordinated framework, except a requirement under
15 USC 2601 to
2629.
146.60(2)(c)
(c) If a regulated release is subject to
15 USC 2601 to
2629 and to any other federal requirement in the coordinated framework, both departments shall be reviewing departments and shall enter into a memorandum of understanding designating one of them to be the lead reviewing department.
146.60(3)(a)(a) Except as provided under
sub. (7), no person may commence a regulated release unless the person provides to the reviewing department for that regulated release all of the following information within 7 days after the person submits or should have submitted the information specified in
subd. 1. to a federal regulator, whichever is sooner:
146.60(3)(a)1.
1. A copy of all information which the person is required to submit to the federal regulator and which is not confidential information.
146.60(3)(a)2.
2. A summary of any confidential information which the person submits or is required to submit to a federal regulator. The summary shall be sufficient enough to enable the reviewing department to prepare the comment authorized under
sub. (4) and to provide information to the public and shall have minimal extraneous and irrelevant information.
146.60(3)(b)
(b) A reviewing department may request that a person submit to it part or all of any of the confidential information that is the subject of the summary submitted to that reviewing department under
par. (a) 2. That person shall submit the information to the reviewing department no later than 3 working days after receiving the request.
146.60(3)(c)1.
1. If the department of natural resources receives information under this subsection or
sub. (4) (c), it shall provide the department of agriculture, trade and consumer protection with a copy of the information.
146.60(3)(c)2.
2. If the department of agriculture, trade and consumer protection receives information under this subsection or
sub. (4) (c), it shall provide the department of natural resources with a copy of the information.
