2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 724
April 7, 2010 - Offered by Representative Hixson.
1An Act to amend
346.03 (1); and to create
20.435 (1) (cj), 20.435 (1) (gk), 256.20 2
and 346.03 (7) of the statutes; relating to: creating an ambulance operator
3safety program, rules of the road applicable to the operation of ambulances,
4requiring the exercise of rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, authorized emergency vehicles include police vehicles, fire
department vehicles, and ambulances. When the operator of an authorized
emergency vehicle is responding to an emergency call or in pursuit of an actual or
suspected violator of the law, the operator is exempt from traffic restrictions relating
to speed, traffic signals, and direction of travel if the operator activates the vehicle's
warning lights and siren, but he or she must drive with due regard under the
circumstances for the safety of all persons. The operator is also exempt from traffic
restrictions relating to parking if the operator activates the vehicle's warning lights.
Also under current law, ambulance operators are not required to participate in
or complete any specialized driver training program.
This bill requires the Department of Health Services (DHS) to establish and
administer an ambulance operator safety program for operators of ambulances that
are either publicly owned or are privately owned and authorized by the sheriff or
county board as emergency vehicles. DHS must provide a safety course to operators
of ambulances and must certify a person who successfully completes an ambulance
operator safety course. By rule, DHS, in consultation with an advisory committee,
must establish safety standards for ambulance operators, establish certification and
recertification periods for ambulance operators, establish a curriculum for
ambulance operator safety courses that includes classroom instruction and actual
practice driving an ambulance accompanied by an instructor, and set other
requirements. DHS must inform ambulance owners of the certification
requirements, certification process, and safety standards.
DHS may certify a driver school or a technical college to conduct the ambulance
operator safety course and may enter into a contract with a certified driver school or
certified technical college to administer the course to ambulance operators. DHS
may inspect the certified driver school or certified technical college to determine
compliance with the contract and may terminate the ambulance operator safety
course or recover damages if the driver school or technical college is not complying
with the law or the contract.
Also under this bill, for the authorized emergency vehicle exemption from
traffic restrictions to apply, the operator of an ambulance must be currently certified
by the Department of Transportation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB724-ASA1, s. 1
20.435 (1) (cj) of the statutes is created to read:
(cj) Ambulance operator safety program.
The amounts in the 3
schedule for administration of the ambulance operator safety program under s. 4
256.20 and for certifying ambulance operators under s. 256.20 (3).
AB724-ASA1, s. 2
20.435 (1) (gk) of the statutes is created to read:
(gk) Ambulance operator safety course administrator certification. 7
All moneys received from fees under s. 256.20 (5) (b), for the purpose of certifying 8
ambulance operator safety course administrators under s. 256.20 (5) (a).
10256.20 Ambulance operator safety. (1) Definition.
Notwithstanding s. 11
256.01 (1), in this section, "ambulance" means a vehicle described under s. 340.01 (3) 12
(g) or (i).
1(2) Safety program; course.
The department shall establish and administer 2
an ambulance operator safety program to promote the safe operation of ambulances, 3
including providing a safety course to operators of ambulances.
4(3) Operator certification.
The department shall certify as an ambulance 5
operator each person who successfully completes an ambulance operator safety 6
course under sub. (2) or (5).
The department shall notify ambulance owners of the process 8
for certification of ambulance operators and any safety standards for ambulance 9
10(5) Course administrator certification; contracts.
(a) The department may 11
certify as a course administrator a driver school licensed under s. 343.61 or a 12
technical college that offers a training course in emergency vehicle operation. The 13
department may contract with a driver school or technical college that is certified 14
under this subsection to administer an ambulance operator safety course and to 15
conduct written examinations for certification or recertification. The department 16
shall include all of the following provisions in a contract with a course administrator:
1. All instruction given and examinations conducted by the course 18
administrator shall comply with the rules and any standards established by the 19
2. Within 5 days after an applicant completes the course or examination, the 21
course administrator shall notify the department if the applicant has successfully 22
completed the ambulance operator safety course or the written examination.
(b) A driver school or technical college applying for certification as a course 24
administrator shall pay an application fee to the department in an amount
established by the department. The application fee under this paragraph may not 2
exceed the actual cost of reviewing and processing the application for certification.
(c) The department may conduct inspections of the course administrator to 4
determine compliance with the contract and with department certification 5
requirements for course administrators.
(d) The department shall take prompt and appropriate remedial action against 7
a course administrator if the course administrator fails to comply with department 8
standards for course administrators or any provision of the contract under this 9
subsection or unreasonably interferes with a department inspection under par. (c). 10
Remedial action may include immediate termination of any ambulance operator 11
safety courses administered by the course administrator and recovery of damages 12
incurred by the department as a result of the course administrator's failure to comply 13
with standards under this subsection or provisions of the contract under this 14
The department, in consultation with the advisory committee 16
established under 2009 Wisconsin Act .... (this act), section 6 (1
), shall promulgate 17
rules that do all of the following:
(a) Establish safety standards for ambulance operators.
(b) Establish certification and recertification periods for ambulance operators.
(c) Establish a curriculum for ambulance operator safety courses that includes 21
classroom instruction and actual practice driving an ambulance accompanied by an 22
(d) Allow technical colleges and driver schools to apply for certification and 24
provide a safety course for the certification and recertification of ambulance 25
(e) Implement and administer this section.
The operator of an authorized emergency vehicle, when responding 4
to an emergency call or when in the pursuit of an actual or suspected violator of the 5
law, when responding to but not upon returning from a fire alarm, when transporting 6
an organ for human transplantation, or when transporting medical personnel for the 7
purpose of performing human organ harvesting or transplantation immediately 8
after the transportation, may exercise the privileges set forth in this section, but 9
subject to the conditions stated in subs. (2) to (5m) and (7)
The privileges granted under this section apply to the operator of an 12
ambulance under s. 340.01 (3) (g) or (i) only if the operator holds a current 13
certification under s. 256.20 (3).
Advisory committee creation.
The department of health services shall appoint an ambulance operator 17
safety course committee that consists of at least one representative from each of the 18
following groups, within 30 days after the effective date of this paragraph:
1. Organizations that represent emergency response personnel, such as the 20
Wisconsin EMS Association, Professional Ambulance Association of Wisconsin, and 21
Wisconsin State Firefighters' Association.
2. The public.
3. Employees of the department of health services.
4. Entities that provide an ambulance operator safety course on the effective 25
date of this paragraph.
The committee under paragraph (a) shall review existing ambulance 2
operator safety courses, shall develop safety standards for ambulance operators and 3
an ambulance operator safety course curriculum by integrating policies and 4
procedures from existing courses, and shall submit the safety standards and safety 5
course curricula to the department of health services. The advisory committee under 6
paragraph (a) shall make recommendations to the department for amendments to 7
the rules, and the committee shall terminate on the first day of the 12th month after 8
the department promulgates the rules.
(2) Proposed rules.
No later than the first day of the 7th month beginning after 10
the effective date of this subsection, the department of health services shall submit 11
in proposed form the rules required under section 256.20 of the statutes, as created 12
by this act, to the legislative council staff under section 227.15 (1) of the statutes.
AB724-ASA1, s. 7
This act takes effect on July 1, 2011, except as 14
The treatment of section 346.03 (1) and (7) of the statutes takes effect on 16
January 1, 2013.