AB262: Bill Text

LRB-0639/2

RLR/GMM/TKK:kjf:nwn

2007 - 2008 LEGISLATURE

2007 Assembly BILL 262

April 13, 2007 - Introduced by Representatives Ballweg, Wasserman, Benedict, Berceau, Cullen, Gunderson, Hahn, Hines, Hixson, Newcomer, Owens, Petersen, Sinicki, Townsend, Young, Van Akkeren, Van Roy and Vruwink, cosponsored by Senators Vinehout, Roessler, Breske, Cowles, Erpenbach, Hansen and Olsen. Referred to Committee on Homeland Security and State Preparedness.

AB262,1,12 An Act to renumber 49.45 (3) (m) and 440.01 (1) (a); to renumber and amend 48.67, 440.983 (2) and 446.02 (2) (b); to amend 100.178 (2) (a) and (b), 100.178 (5) (a) and (b), 446.02 (1) (b), 446.02 (3g) (b), 446.02 (3r), 448.953 (2) (intro.), 448.953 (2) (b), 448.953 (3) (a), 448.953 (4) (a) and 460.05 (3) (intro.); and to create 46.03 (38), 48.67 (3), 48.67 (4), 48.67 (5), 48.67 (6), 49.45 (3) (m) 2., 50.36 (5), 146.50 (9m), 254.47 (6), 440.01 (1) (ad), 440.01 (1) (ag), 440.01 (1) (i), 440.982 (1m) (d), 440.983 (2) (b), 446.02 (2) (b) 3., 447.02 (2) (f), 448.9525 (1) (e), 448.953 (1) (i), 448.955 (2) (d), 460.04 (2) (e) and 460.05 (1) (i) of the statutes; relating to: requirements to successfully complete training on use of an automated external defibrillator, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current statutes and administrative rules, the following persons are required to successfully complete instruction in cardiopulmonary resuscitation: emergency medical technicians; first responders; instructors of emergency medical technicians or first responders; hospital medical and nursing personnel who provide emergency services; day care center, group home, and shelter care facility staff who provide care for children; chiropractors; dental hygienists; dentists; licensed midwives; lifeguards; health services staff at camps; fitness center employees; athletic trainers; specialized motor vehicle drivers and attendants; and massage therapists and bodyworkers. Beginning May 1, 2007, licensed midwives will be required to be currently certified in cardiopulmonary resuscitation.

This bill requires these persons to successfully complete a course on the use of automated external defibrillators. The bill requires chiropractors, dental hygienists, dentists, licensed midwives, athletic trainers, and massage therapists and bodyworkers to demonstrate current proficiency in the use of an automated external defibrillator in order to obtain licensure or certification and, with the exception of massage therapists and bodyworkers, the renewal of a license or certificate. This bill also requires the Department of Health and Family Services (DHFS) to approve individuals, organizations, and institutions of higher education to provide the course.

Current administrative rules require a residential care center for children and youth operated by a child welfare agency to have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has successfully completed instruction in cardiopulmonary resuscitation and require a shelter care facility to have readily available on the premises of the shelter care facility a staff member or other person who has successfully completed such instruction. This bill requires DHFS to promulgate administrative rules requiring a residential care center for children and youth to have in each building housing residents when residents are present at least one staff member who has successfully completed a course in the use of automated external defibrillators and requiring shelter care facilities to have readily available on the premises a staff member or other person who has successfully completed such a course.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB262, s. 1 Section 1. 46.03 (38) of the statutes is created to read:

AB262,3,2 46.03 (38) Automatic external defibrillator instruction. Approve individuals, organizations, or institutions of higher education to teach courses on use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), for persons who are required as a condition of licensure, certification, or registration to successfully complete a course on use of an automatic external defibrillator.

AB262, s. 2 Section 2. 48.67 of the statutes is renumbered 48.67 (intro.) and amended to read:

AB262,3,17 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. In establishing the minimum requirements for the issuance of licenses to day care centers, the department Those rules shall include a requirement that rules that require all of the following:

AB262,3,24 (1) That all day care center licensees who are individuals, and all employees and volunteers of a licensee day care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the licensee, employee, or volunteer provides care and supervision for children under one year of age, and the.

AB262,4,6 (2) That all day care center licensees, and all employees and volunteers of a day care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4), if the licensee, employee, or volunteer provides care and supervision for children under 5 years of age.

AB262, s. 3 Section 3. 48.67 (3) of the statutes is created to read:

AB262,4,14 48.67 (3) That all day care center licensees, and all employees of a day care center, who provide care and supervision for children successfully complete, within 6 months after the date on which the license is issued or the employment commences, whichever is applicable, a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course.

AB262, s. 4 Section 4. 48.67 (4) of the statutes is created to read:

AB262,4,21 48.67 (4) That all staff members of a group home who provide care for the residents of the group home successfully complete, within 6 months after the date on which the employment commences, a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course.

AB262, s. 5 Section 5. 48.67 (5) of the statutes is created to read:

AB262,5,5 48.67 (5) That all staff members of a shelter care facility who provide care and supervision for children successfully complete, before the date on which the employment commences, a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has successfully completed such a course.

AB262, s. 6 Section 6. 48.67 (6) of the statutes is created to read:

AB262,5,13 48.67 (6) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has successfully completed a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course.

AB262, s. 7 Section 7. 49.45 (3) (m) of the statutes is renumbered 49.45 (3) (m) 1.

AB262, s. 8 Section 8. 49.45 (3) (m) 2. of the statutes is created to read:

AB262,5,22 49.45 (3) (m) 2. A person who is certified to provide transportation by specialized medical vehicle under sub. (2) (a) 11. shall ensure that every person who drives or serves as an attendant to passengers on a specialized medical vehicle shall, before driving or serving as an attendant, successfully complete a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course.

AB262, s. 9 Section 9. 50.36 (5) of the statutes is created to read:

AB262,6,3 50.36 (5) Before providing emergency services in a hospital, medical and nursing personnel shall successfully complete a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course.

AB262, s. 10 Section 10. 100.178 (2) (a) and (b) of the statutes are amended to read:

AB262,6,13 100.178 (2) (a) At all times during which the fitness center is open and its facilities and services are available for use, have at least one employee present on the premises of the fitness center at least one employee who has satisfactorily completed a course or courses in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and at least one employee who has successfully completed a course on use of an automated external defibrillator that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach the course.

AB262,6,20 (b) Ensure that each of its employees, within 90 days after hire, satisfactorily completes at least one course in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and at least one course on use of an automated external defibrillator that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach the course.

AB262, s. 11 Section 11. 100.178 (5) (a) and (b) of the statutes are amended to read:

AB262,7,2 100.178 (5) (a) The minimum standards for the qualifications and training of an individual, including an individual associated with an organization or institution of higher education, who teaches basic first aid or basic cardiopulmonary resuscitation or use of an automated external defibrillator to fitness center employees under sub. (2).

AB262,7,5 (b) The minimum hours of instruction and general content of the basic first aid and basic cardiopulmonary resuscitation or automatic external defibrillator courses taught to fitness center employees under sub. (2).

AB262, s. 12 Section 12. 146.50 (9m) of the statutes is created to read:

AB262,7,14 146.50 (9m) Defibrillation training. The department shall promulgate rules requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders to successfully complete training on the use of an automated external defibrillator. The rules shall specify the content of the training, qualifications for providers of the training, and the frequency with which emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders must complete the training.

AB262, s. 13 Section 13. 254.47 (6) of the statutes is created to read:

AB262,7,21 254.47 (6) Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall successfully complete a course on the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), that is provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to teach such a course.

AB262, s. 14 Section 14. 440.01 (1) (a) of the statutes is renumbered 440.01 (1) (aj).

AB262, s. 15 Section 15. 440.01 (1) (ad) of the statutes is created to read:

AB262,7,25 440.01 (1) (ad) "Automated external defibrillator" means a defibrillator device to which all of the following apply:

AB262,8,2 1. It is approved for commercial distribution by the federal food and drug administration.

AB262,8,5 2. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.

AB262,8,8 3. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.

AB262, s. 16 Section 16. 440.01 (1) (ag) of the statutes is created to read:

AB262,8,12 440.01 (1) (ag) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.

AB262, s. 17 Section 17. 440.01 (1) (i) of the statutes is created to read:

AB262,8,16 440.01 (1) (i) "Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.

AB262, s. 18 Section 18. 440.982 (1m) (d) of the statutes is created to read:

AB262,8,21 440.982 (1m) (d) The person submits evidence satisfactory to the department that the person has current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course.

AB262, s. 19 Section 19. 440.983 (2) of the statutes, as created by 2005 Wisconsin Act 292, is renumbered 440.983 (2) (intro.) and amended to read:

AB262,9,3 440.983 (2) (intro.) A licensed midwife shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department that he of all of the following:

AB262,9,7 (a) He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.

AB262, s. 20 Section 20. 440.983 (2) (b) of the statutes is created to read:

AB262,9,12 440.983 (2) (b) He or she has current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course.

AB262, s. 21 Section 21. 446.02 (1) (b) of the statutes is amended to read:

AB262,9,25 446.02 (1) (b) Meets the requirements of continuing education for license renewal as the examining board may require, which requirements shall include current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. Any person who has not engaged in the practice of chiropractic for 2 years or more, while holding a valid license under this chapter, and desiring to engage in such practice, shall be required by the examining board to complete a continuing education course at a school of chiropractic approved by the examining board or pass a practical examination administered by the examining board or both.

AB262, s. 22 Section 22. 446.02 (2) (b) of the statutes is renumbered 446.02 (2) (b) (intro.) and amended to read:

AB262,10,7 446.02 (2) (b) (intro.) The examining board shall promulgate rules establishing educational requirements for obtaining a license under par. (a). The rules shall require that an application for the license that is received by the department after June 30, 1998, be accompanied by satisfactory evidence that the applicant has satisfies all of the following:

AB262,10,10 1. Has a bachelor's degree from a college or university accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education, and has.

AB262,10,12 2. Has graduated from a college of chiropractic approved by the examining board.

AB262, s. 23 Section 23. 446.02 (2) (b) 3. of the statutes is created to read:

AB262,10,16 446.02 (2) (b) 3. Has current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course.

AB262, s. 24 Section 24. 446.02 (3g) (b) of the statutes is amended to read:

AB262,10,23 446.02 (3g) (b) The examining board shall promulgate rules establishing additional requirements for obtaining a license under par. (a), including a requirement that each person licensed under this subsection has current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course.

AB262, s. 25 Section 25. 446.02 (3r) of the statutes is amended to read:

AB262,11,10 446.02 (3r) The examining board may promulgate rules providing for the granting of a temporary permit to practice chiropractic to an individual who is licensed to practice chiropractic in another state or territory of the United States or in another country, and establishing requirements for practicing chiropractic under a temporary permit. Any rules promulgated under this subsection shall require an individual seeking a temporary permit under this subsection to submit evidence satisfactory to the examining board that the individual has current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course.

AB262, s. 26 Section 26. 447.02 (2) (f) of the statutes is created to read:

AB262,11,16 447.02 (2) (f) A requirement that each of the following individuals submit evidence satisfactory to the examining board that the individual has current proficiency in the use of an automated external defibrillator achieved in a course provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such a course:

AB262,11,17 1. An applicant for licensure under s. 447.04.

AB262,11,18 2. An applicant for renewal of a license under s. 447.05.