Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,340,4 146.50 (4) (title) Ambulance staffing and operational plans; limitations; rules.

AB1-SSA1-SA2, s. 329s Section 329s. 146.50 (4) (c) of the statutes is renumbered 146.50 (4) (c) (intro.) and amended to read:

AB1-SSA1-SA2,340,17 146.50 (4) (c) (intro.) Notwithstanding par. (a), the department may promulgate rules that establish standards for approval by the department of operational plans for the staffing of ambulances in which the primary services provided are those which an emergency medical technician - intermediate is authorized to provide or those which an emergency medical technician - paramedic is authorized to provide. Rules promulgated by the department under this paragraph may permit the department to approve an operational plan, for services that an emergency medical technician-paramedic is authorized to provide, that is submitted by an ambulance service provider that provided these services before January 1, 2000, only if the operational plan specifies all of the following for the transport of a patient in a prehospital setting:

AB1-SSA1-SA2, s. 329t Section 329t. 146.50 (4) (c) 1. of the statutes is created to read:

AB1-SSA1-SA2,340,24 146.50 (4) (c) 1. That the ambulance service provider ensures, in writing, that the ambulance is staffed with at least 2 emergency medical technicians-paramedic, licensed registered nurses, licensed physician assistants, or physicians or a combination of any 2 of these, who are trained in the use of all skills authorized by rule for an emergency medical technician-paramedic and are designated by the medical director of the ambulance service.

AB1-SSA1-SA2, s. 329u Section 329u. 146.50 (4) (c) 2. of the statutes is created to read:

AB1-SSA1-SA2,341,5 146.50 (4) (c) 2. That the ambulance staff, as specified in subd. 1., is dispatched from the same site, together, to the scene of an emergency. This subdivision does not apply if the ambulance service provider, as of October 1, 2001, dispatched ambulance staff from multiple sites to the scene of an emergency.

AB1-SSA1-SA2, s. 329v Section 329v. 146.50 (4) (c) 3. of the statutes is created to read:

AB1-SSA1-SA2,341,10 146.50 (4) (c) 3. That if an emergency medical technician-paramedic arrives at the scene of an emergency prior to the arrival of the ambulance staff, as specified in subd. 1., the emergency medical technician-paramedic may provide services using all skills authorized by rule for an emergency medical technician-paramedic.".

AB1-SSA1-SA2,341,11 387. Page 171, line 12: after that line insert:

AB1-SSA1-SA2,341,12 " Section 333h. 146.50 (13) (a) of the statutes is amended to read:

AB1-SSA1-SA2,341,14 146.50 (13) (a) The department may promulgate rules necessary for administration of this section, as limited under sub. (4) (c).".

AB1-SSA1-SA2,341,15 388. Page 172, line 10: after that line insert:

AB1-SSA1-SA2,341,16 " Section 336g. 146.83 (1) (b) of the statutes is amended to read:

AB1-SSA1-SA2,341,18 146.83 (1) (b) Receive a copy of the patient's health care records upon payment of reasonable costs fees, as established by rule under sub. (3m).

AB1-SSA1-SA2, s. 336h Section 336h. 146.83 (1) (c) of the statutes is amended to read:

AB1-SSA1-SA2,341,22 146.83 (1) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of reasonable costs fees, as established by rule under sub. (3m).

AB1-SSA1-SA2, s. 336i Section 336i. 146.83 (3m) of the statutes is created to read:

AB1-SSA1-SA2,342,7 146.83 (3m) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge under sub. (1) (b) for duplicate patient health care records and under sub. (1) (c) for duplicate X-ray reports or the referral of X-rays to another health care provider of the patient's choice. The rule shall also permit the health care provider to charge for actual postage or other actual delivery costs.".

AB1-SSA1-SA2,342,8 389. Page 172, line 10: after that line insert:

AB1-SSA1-SA2,342,9 " Section 336cc. 150.01 (2g) of the statutes is created to read:

AB1-SSA1-SA2,342,11 150.01 (2g) "Ambulatory surgery center" has the meaning given in 42 CFR 416.2.

AB1-SSA1-SA2, s. 336cd Section 336cd. 150.01 (8g) of the statutes is created to read:

AB1-SSA1-SA2,342,14 150.01 (8g) "Construction" means the establishment, erection, building, purchase, or other acquisition of a hospital or ambulatory surgery center.

AB1-SSA1-SA2, s. 336ce Section 336ce. 150.01 (9m) of the statutes is created to read:

AB1-SSA1-SA2,342,16 150.01 (9m) "Critical access hospital" has the meaning given in s. 50.33 (1g).".

AB1-SSA1-SA2,342,17 390. Page 172, line 25: after that line insert:

AB1-SSA1-SA2,342,19 " Section 336p. Subchapter VI (title) of chapter 150 [precedes150.93] of the statutes is amended to read:

AB1-SSA1-SA2,342,20 CHAPTER 150

AB1-SSA1-SA2,342,21 SUBCHAPTER VI

AB1-SSA1-SA2,342,24 MORATORIUM ON CONSTRUCTION OF HOSPITAL BEDS and ambulatory surgery center limitations

AB1-SSA1-SA2, s. 336q Section 336q. 150.93 (1) of the statutes is renumbered 150.935 (1).

AB1-SSA1-SA2, s. 336r Section 336r. 150.93 (2) to (5) of the statutes are repealed.

AB1-SSA1-SA2, s. 336rd Section 336rd. 150.935 of the statutes is created to read:

AB1-SSA1-SA2,343,6 150.935 Limitations on hospitals and ambulatory surgery centers. (2) As a condition of hospital approval under s. 50.35, no person may, by or on behalf of a hospital, do any of the following:

AB1-SSA1-SA2,343,9 (a) Increase, or obligate for a capital expenditure to increase, the number of approved beds of the hospital that are available on the effective date of this paragraph .... [revisor inserts date].

AB1-SSA1-SA2,343,13 (b) Expand an existing service of the hospital, unless the primary purpose of the expanded service is to provide free or reduced-cost health or dental care to individuals who are determined by the department to be underserved or to have low income.

AB1-SSA1-SA2,343,14 (c) Engage in construction, except for the purpose of any of the following:

AB1-SSA1-SA2,343,16 1. Consolidation of hospitals, if the consolidation does not increase the number of available beds of the hospitals.

AB1-SSA1-SA2,343,18 2. As a response to damage caused by a natural disaster, including an earthquake, or by a fire.

AB1-SSA1-SA2,343,20 3. To eliminate a threat to the safety to patients, staff, or the general public that is due to a physical defect of the hospital.

AB1-SSA1-SA2,343,23 (d) 1. Before January 1, 2003, engage in upgrading renovation, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the hospital.

AB1-SSA1-SA2,344,4 2. If a hospital seeks an opinion from the department concerning whether a proposed project of the hospital violates subd. 1., the department shall issue the opinion. If the hospital, after completing the project, is found to be in violation of subd. 1., the violation does not affect the status of the hospital's approval under s. 50.35 unless the actual, completed project differs materially from the proposed project for which the department issued an opinion.

AB1-SSA1-SA2,344,6 (3) As a condition of hospital approval under s. 50.35, a hospital shall do all of the following:

AB1-SSA1-SA2,344,10 (a) If the hospital is certified under s. 49.45 (2) (a) 11. as a provider of medical assistance or certified as a provider of services under medicare, as defined in s. 49.45 (3) (L) 1. b., or if the hospital obtains this certification, accept as patients individuals who are medical assistance recipients or medicare beneficiaries.

AB1-SSA1-SA2,344,17 (b) Operate a 24-hour emergency room or, for a hospital approved under s. 50.35 as of the effective date of this paragraph .... [revisor inserts date], have in effect an agreement with another hospital with a 24-hour emergency room under which that other hospital consents to receive patients in need of emergency care that are transferred to it by the hospital that does not operate a 24-hour emergency room. This paragraph does not apply to a hospital that is an inpatient facility, as defined in s. 51.01 (10) or that is certified under s. 49.45 (2) (a) 11. as a rehabilitation hospital.

AB1-SSA1-SA2,344,19 (4) No person may, by or on behalf of an ambulatory surgery center, do any of the following:

AB1-SSA1-SA2,344,23 (a) Expand an existing service of the ambulatory surgery center unless the primary purpose of the new service is to provide free or reduced-cost health or dental care to individuals who are determined by the department to be underserved or to have low income.

AB1-SSA1-SA2,344,24 (b) Engage in construction, except for the purposes of any of the following:

AB1-SSA1-SA2,345,2 1. As a response to damage caused by a natural disaster, including an earthquake, or by a fire.

AB1-SSA1-SA2,345,4 2. To eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2,345,8 (c) 1. Before January 1, 2003, engage in upgrading renovation, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2,345,15 2. If an ambulatory surgery center seeks an opinion from the department concerning whether a proposed project of the ambulatory surgery center violates subd. 1., the department shall issue the opinion. If the opinion of the department is that the proposed project does not violate subd. 1., an ambulatory surgery center, after completing the project, may not be found to be in violation of subd. 1. unless the actual, completed project differs materially from the proposed project for which the department issued the opinion.

AB1-SSA1-SA2,345,20 (5) If an ambulatory surgery center is certified under s. 49.45 (2) (a) 11. as a provider of medical assistance or certified as a provider of services under medicare, as defined in s. 49.45 (3) (L) 1. b., or if an ambulatory surgery center obtains this certification, the ambulatory surgery center shall accept as patients individuals who are medical assistance recipients or medicare beneficiaries.

AB1-SSA1-SA2,345,22 (6) The department shall promulgate as a rule a definition of "upgrading renovation," for the purposes of subs. (2) (d) 1. and (4) (c) 1.

AB1-SSA1-SA2,346,2 (7) The department may, under s. 50.35, revoke or suspend approval for a hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin Act .... (this act), section 9123 (5qr), after giving reasonable notice, a fair hearing, and, if appropriate as determined by the department, a reasonable opportunity to comply.

AB1-SSA1-SA2, s. 336rf Section 336rf. 150.935 (2) (d) 1. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,8 150.935 (2) (d) 1. Before January 1, 2003, engage Engage in upgrading renovation, as defined by rule by the department, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the hospital.".

AB1-SSA1-SA2, s. 336rh Section 336rh. 150.935 (4) (c) 1. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,14 150.935 (4) (c) 1. Before January 1, 2003, engage Engage in upgrading renovation, as defined by rule by the department, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2, s. 336rL Section 336rL. 150.935 (7) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,21 150.935 (7) The department may, under s. 50.35, revoke or suspend approval for a hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin Act .... (this act), section 9123 (5qr), after giving reasonable notice, a fair hearing, and, if appropriate as determined by the department, a reasonable opportunity to comply.".

AB1-SSA1-SA2,346,22 391. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,346,23 " Section 388nc. 160.257 of the statutes is created to read:

AB1-SSA1-SA2,347,2 160.257 Exceptions for aquifer storage and recovery systems. (1) In this section:

AB1-SSA1-SA2,347,4 (a) "Aquifer storage and recovery system" means all of the aquifer storage and recovery wells and related appurtenances that are part of a municipal water system.

AB1-SSA1-SA2,347,7 (b) "Aquifer storage and recovery well" means a well through which treated drinking water is placed underground for the purpose of storing and later recovering the water through the same well for use as drinking water.

AB1-SSA1-SA2,347,11 (c) "Municipal water system" means a community water system, as defined in s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.

AB1-SSA1-SA2,347,12 (d) "Specified substance" means one of the following:

AB1-SSA1-SA2,347,13 1. Chloroform.

AB1-SSA1-SA2,347,14 2. Bromodichloromethane.

AB1-SSA1-SA2,347,15 3. Dibromochloromethane.

AB1-SSA1-SA2,347,16 4. Bromoform.

AB1-SSA1-SA2,347,19 (e) "Treated drinking water" means potable water that has been treated so that it complies with the primary drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-SSA1-SA2,348,2 (2) Notwithstanding s. 160.19 (1) and (2), the department is not required to promulgate or amend rules that define design or management criteria for aquifer storage and recovery systems to minimize the amount of a specified substance in groundwater or to maintain compliance with the preventive action limit for a specified substance, however, the department shall promulgate rules that define design or management criteria for aquifer storage and recovery systems to maintain compliance with drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-SSA1-SA2,348,6 (3) Notwithstanding s. 160.21 (2), the point of standards application for an aquifer storage and recovery well with respect to a specified substance is 1,200 feet from the aquifer storage and recovery well and at any other well that is within 1,200 feet from the aquifer storage and recovery well.".

AB1-SSA1-SA2,348,7 392. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,348,8 " Section 338r. 165.755 (1) (b) of the statutes is amended to read:

AB1-SSA1-SA2,348,13 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar) or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a headlamp violation under s. 347.065 (1), or a safety belt use violation under s. 347.48 (2m).".

AB1-SSA1-SA2,348,14 393. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,348,15 " Section 338g. 165.065 (2) of the statutes is amended to read:

AB1-SSA1-SA2,348,23 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

AB1-SSA1-SA2, s. 338m Section 338m. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act 16, section 2856b, is amended to read:

AB1-SSA1-SA2,349,11 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade and consumer protection in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

AB1-SSA1-SA2, s. 338r Section 338r. 165.25 (11) of the statutes is created to read:

AB1-SSA1-SA2,349,17 165.25 (11) Consumer protection administration and enforcement. Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and chs. 136, 344, 704, 707, and 779. The department may issue general or special orders in administering and enforcing these provisions.".

AB1-SSA1-SA2,349,18 394. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,349,20 " Section 338dg. 165.055 (1) of the statutes is renumbered 165.055 and amended to read:

AB1-SSA1-SA2,350,2 165.055 Appointments. The attorney general may appoint a deputy attorney general and assistants assistant attorneys general, each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such appointees shall take and subscribe the constitutional oath of office which shall also be filed. Appointees shall perform such duties as the attorney general prescribes.