SB226, s. 225
11Section
225. 166.22 (2) of the statutes is renumbered 323.71 (1).
SB226, s. 226
12Section
226. 166.22 (3) of the statutes is renumbered 323.71 (2) and amended
13to read:
SB226,65,2114
323.71
(2) If action required under sub.
(2) (1) is not being adequately taken
15or the identity of the person responsible for an emergency involving a release or
16potential release of a hazardous substance is unknown and the emergency involving
17a release or potential release threatens public health or safety or damage to property,
18a local agency may take any emergency action that is consistent with the contingency
19plan for the undertaking of emergency actions in response to the release or potential
20release of hazardous substances established by the department of natural resources
21under s. 292.11 (5) and that it considers appropriate under the circumstances.
SB226, s. 227
22Section
227. 166.22 (3m) of the statutes is renumbered 323.71 (3) and
23amended to read:
SB226,66,1024
323.71
(3) The division shall reimburse a local emergency response team for
25costs incurred by the team in responding to an emergency involving a hazardous
1substance release, or potential release, if the team followed the procedures in the
2rules promulgated under s.
166.20 (2) (bs) 2. 323.70 (7) (c) to determine if an
3emergency requiring the team's response existed. Reimbursement under this
4subsection is limited to the amount appropriated under s. 20.465 (3) (dr).
5Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency
6response team has made a good faith effort to identify the person responsible under
7sub. (4) and that person cannot be identified, or, if that person is identified, the team
8has received reimbursement from that person to the extent that the person is
9financially able or has determined that the person does not have adequate money or
10other resources to reimburse the local emergency response team.
SB226, s. 228
11Section
228. 166.22 (4) (a) of the statutes is renumbered 323.71 (4) (a).
SB226, s. 229
12Section
229. 166.22 (4) (b) of the statutes is renumbered 323.71 (4) (b) and
13amended to read:
SB226,66,1714
323.71
(4) (b) A local emergency response team may receive reimbursement
15under par. (a) only if the team followed the procedures established under s.
166.20
16(2) (bs) 2. 323.70 (7) (c) to determine if an emergency requiring the team's response
17existed.
SB226, s. 230
18Section
230. 166.22 (5) of the statutes is renumbered 323.71 (5).
SB226, s. 231
19Section
231. 166.22 (6) of the statutes is renumbered 323.71 (6).
SB226, s. 232
20Section
232. 166.23 (title) of the statutes is repealed.
SB226, s. 233
21Section
233. 166.23 (1) of the statutes is renumbered 323.11 and amended to
22read:
SB226,67,9
23323.11 Declaration by local government. Notwithstanding any other
24provision of law to the contrary, the The governing body of any
county, city, village,
25or town is empowered to local unit of government may declare, by ordinance or
1resolution, an emergency existing within the
county, city, village, or town local unit
2of government whenever conditions arise by reason of
war, conflagration, flood,
3heavy snow storm, blizzard, catastrophe, disaster, a riot or civil commotion,
acts of
4God, and including conditions, without limitation because of enumeration, which
5impair a disaster, or an imminent threat of a disaster, that impairs transportation,
6food or fuel supplies, medical care, fire, health or police protection
, or other
vital
7facilities critical systems of the
county, city, village, or town local unit of government.
8The period of the emergency shall be limited by the ordinance or resolution to the
9time during which the emergency conditions exist or are likely to exist.
SB226, s. 234
10Section
234. 166.23 (2) of the statutes is renumbered 323.14 (4) (a) and
11amended to read:
SB226,67,2212
323.14
(4) (a) The emergency power of the governing body conferred under
sub.
13(1) s. 323.11 includes the general authority to order, by ordinance or resolution,
14whatever is necessary and expedient for the health, safety,
protection, and welfare
15and good order of
the county, city, village, or town persons and property within the
16local unit of government in the emergency and includes
without limitation because
17of enumeration the power to bar, restrict
, or remove all unnecessary traffic, both
18vehicular and pedestrian, from the
local highways, notwithstanding any provision
19of chs. 341 to 349
or any other provisions of law. The governing body of the county,
20city, village, or town may provide penalties for violation of any emergency ordinance
21or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture,
226 months' imprisonment for each separate offense.
SB226, s. 235
23Section
235. 166.23 (2m) of the statutes is renumbered 323.14 (3) (a) and
24amended to read:
SB226,68,6
1323.14
(3) (a) If the governing body of a
county, city, village, or town local unit
2of government declares an emergency under
sub. (1)
s. 323.11 and intends to make
3use of
behavioral health providers, health care providers, pupil services providers,
4or substance abuse prevention providers volunteer health care practitioners, as
5specified in s.
250.042 (4) 257.03, the governing body or its agent shall, as soon as
6possible, notify the department of health services of this intent.
SB226, s. 236
7Section
236. 166.23 (3) of the statutes is renumbered 323.14 (4) (b) and
8amended to read:
SB226,68,189
323.14
(4) (b) If, because of the emergency conditions, the governing body of the
10county, city, village, or town local unit of government is unable to meet
with
11promptness promptly, the chief executive officer or acting chief executive officer of
12any
county, city, village, or town local unit of government shall exercise by
13proclamation all of the powers conferred upon the governing body under
sub. (1) or
14(2) which within the discretion of the officer par. (a) or s. 323.11 that appear necessary
15and expedient
for the purposes herein set forth. The proclamation shall be subject
16to ratification, alteration, modification
, or repeal by the governing body as soon as
17that body can meet, but the subsequent action taken by the governing body shall not
18affect the prior validity of the proclamation.
SB226, s. 237
19Section
237. 166.25 of the statutes is renumbered 323.24 and amended to
20read:
SB226,68,25
21323.24 Prohibition against restricting firearms or ammunition during
22emergency. A person who is granted emergency powers under
s. 166.03 or 166.23 23this subchapter may not use those powers to restrict the lawful possession, transfer,
24sale, transport, storage, display, or use of firearms or ammunition during an
25emergency.
SB226, s. 238
1Section
238. 166.30 of the statutes is renumbered 323.80.
SB226, s. 239
2Section
239. 250.01 (intro.) of the statutes is amended to read:
SB226,69,4
3250.01 Definitions. (intro.) In chs. 250 to
256 257, unless the context requires
4otherwise:
SB226, s. 240
5Section
240. 250.01 (6g) of the statutes is amended to read:
SB226,69,96
250.01
(6g) "Public health authority" means the department, if the governor
7declares under s.
166.03 (1) (b) 1. 323.10 a state of emergency related to public health
8and designates the department as the lead state agency to respond to that
9emergency.
SB226, s. 241
10Section
241. 250.01 (6r) of the statutes is amended to read:
SB226,69,1211
250.01
(6r) "Public health emergency" has the meaning given in s.
166.02 (7)
12323.02 (16).
SB226, s. 242
13Section
242. 250.03 (3) (a) (intro.) of the statutes is amended to read:
SB226,69,1914
250.03
(3) (a) (intro.) No later than 90 days after a state of emergency relating
15to public health is declared and the department is designated under s.
166.03 (1) (b)
161. 323.10 as the lead state agency to respond to that emergency and no later than 90
17days after the termination of this state of emergency relating to public health, the
18department shall submit to the legislature under s. 13.172 (2) and to the governor
19a report on all of the following:
SB226, s. 243
20Section
243. 250.042 (1) of the statutes is amended to read:
SB226,70,521
250.042
(1) If the governor declares a state of emergency related to public
22health under s.
166.03 (1) (b) 1. 323.10 and designates the department as the lead
23state agency to respond to that emergency, the department shall act as the public
24health authority during the period of the state of emergency. The department shall
25ensure that the emergency operations during the state of emergency are conducted
1using the incident command system required under s.
166.03 (2) (a) 1. 323.13 (1) (b). 2During the period of the state of emergency, the secretary may designate a local
3health department as an agent of the department and confer upon the local health
4department, acting under that agency, the powers and duties of the public health
5authority.
SB226, s. 244
6Section
244. 250.042 (4) (a) (intro.) of the statutes is repealed.
SB226, s. 245
7Section
245. 250.042 (4) (a) 1. of the statutes is renumbered 257.01 (1) (intro.)
8and amended to read:
SB226,70,99
257.01
(1) (intro.) "Behavioral health provider" means
an any of the following:
SB226,70,14
10(a) An individual who
at any time within 10 years before a state of emergency
11is declared under s. 166.03 (1) (b) 1. or 166.23, has, under
chapter ch. 455,
been is 12licensed as a psychologist or
has, under ch. 457,
been is certified as a social worker
13or licensed as a clinical social worker, a marriage and family therapist, or a
14professional counselor.
SB226, s. 246
15Section
246. 250.042 (4) (a) 2. of the statutes is renumbered 257.01 (4).
SB226, s. 247
16Section
247. 250.042 (4) (a) 3. of the statutes is renumbered 257.01 (5) (intro.)
17and amended to read:
SB226,70,1818
257.01
(5) (intro.) "Health care provider" means
an any of the following:
SB226,70,25
19(a) An individual who
, at any time within 10 years before a state of emergency
20is declared u
nder s. 166.03 (1) (b) 1. or 166.23, has met requirements for a nurse aide
21under s. 146.40 (2) (a), (c), (e), (em), or (g), has been is licensed as a physician, a
22physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse,
23licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under
24ch. 447, licensed as a pharmacist under ch. 450,
licensed as a veterinarian under ch.
25453, or
has been certified as a respiratory care practitioner under ch. 448.
SB226, s. 248
1Section
248. 250.042 (4) (a) 3m. of the statutes is renumbered 257.01 (6).
SB226, s. 249
2Section
249. 250.042 (4) (a) 4. of the statutes is renumbered 257.01 (9) (intro.)
3and amended to read:
SB226,71,44
257.01
(9) (intro.) "Pupil services provider" means
an any of the following:
SB226,71,8
5(a) An individual who
, at any time within 10 years before a state of emergency
6is declared under s. 166.03 (1) (b) 1. or 166.23, has been is licensed as a school
7counselor, school psychologist, or school social worker under rules promulgated by
8the department of public instruction.
SB226, s. 250
9Section
250. 250.042 (4) (a) 5. of the statutes is renumbered 257.01 (11) (intro.)
10and amended to read:
SB226,71,1211
257.01
(11) (intro.) "Substance abuse prevention provider" means
an any of the
12following:
SB226,71,17
13(a) An individual who
, at any time within 10 years before a state of emergency
14is declared under s. 166.03 (1) (b) 1. or 166.23, has been is certified as a counselor,
15supervisor, or specialist described under s. HFS 75.02 (11) and (84), Wis. Adm. Code,
16in effect on January 20, 2006, or
has been certified as a substance abuse counselor,
17clinical supervisor, or prevention specialist under s. 440.88.
SB226, s. 251
18Section
251. 250.042 (4) (b) of the statutes is renumbered 257.03 (1) (intro.)
19and amended to read:
SB226,72,720
257.03
(1) (intro.)
A behavioral health provider, health care provider, pupil
21services provider, or substance abuse prevention provider Except as provided in sub.
22(3), a practitioner who, during a state of emergency
declared under s. 166.03 (1) (b)
231. or 166.23 and in a geographic area in which the state of emergency applies,
24provides
behavioral health services, health care services, pupil services, or 25substance abuse prevention services for which the
behavioral health provider, health
1care provider, pupil services provider, or substance abuse prevention provider 2individual is or has been licensed
or
, certified
, registered, or,
as
in the case of a nurse
3aide,
has met requirements under s. 146.40 qualified, is, for
any claim arising from 4the provision of
these the services
, a state agent of the department
for purposes of 5under ss. 165.25 (6), 893.82, and 895.46 and
, except as provided in sub. (2), is
6considered an employee of the state for
purposes of worker's compensation benefits
. 7under ch. 102 if all of the following apply:
SB226,72,15
8(a) The
behavioral health services
, health care services, pupil services, or
9substance abuse prevention services shall be are provided on behalf of a health care
10facility or mass clinic
on a voluntary, unpaid basis, except that the behavioral health
11provider, health care provider, pupil services provider, or substance abuse
12prevention provider may accept reimbursement for travel, lodging, and meals. The
13health care facility on whose behalf the services are provided is, for the provision of
14the services, a state agent of the department for purposes of ss. 165.25 (6), 893.82,
15and 895.46, or at the request of the department or a local health department.
SB226, s. 252
16Section
252. 250.042 (4) (c) of the statutes is repealed.
SB226, s. 253
17Section
253. 252.06 (10) (c) of the statutes is amended to read:
SB226,72,2318
252.06
(10) (c) All expenses incurred by a local health department, or by an
19entity designated as a local health department by a federally recognized American
20Indian tribe or band in this state, in quarantining a person outside his or her home
21during a state of emergency related to public health declared by the governor under
22s.
166.03 (1) (b) 1. 323.10 and not reimbursed from federal funds shall be paid for
23under either of the following, as appropriate:
SB226,72,2524
1. If the governor designates the department as the lead state agency under s.
25166.03 (1) (b) 1. 323.10, from the appropriation under s. 20.435 (1) (c).
SB226,73,2
12. If the governor does not designate the department as the lead state agency
2under s.
166.03 (1) (b) 1. 323.10, from the appropriation under s. 20.465 (3) (e).
SB226, s. 254
3Section
254. 254.34 (1) (am) of the statutes is amended to read:
SB226,73,94
254.34
(1) (am) A rule identical to a rule specified under par. (a) may be
5promulgated by a state agency other than the department and an ordinance identical
6to a rule specified under par. (a) may be enacted by a local governmental unit, but
7no rule may be promulgated or ordinance may be enacted that differs from a rule
8under par. (a) and relates to the same subject area except as provided under ss.
9166.03 (2) (b) 6., 293.15 (8)
and, 293.25
, and 323.13 (2) (f).
SB226, s. 255
10Section
255. 256.08 (4) (i) of the statutes is amended to read:
SB226,73,1411
256.08
(4) (i) Provide advice to the adjutant general of the department of
12military affairs on the emergency medical aspects of the state plan of emergency
13management under s.
166.03 (2) (a) 1. 323.13 (1) (b) and coordinate emergency
14activities with the department of military affairs.
SB226, s. 256
15Section
256. 256.15 (2) of the statutes is amended to read:
SB226,73,2416
256.15
(2) License or certificate required. No Except when acting under s.
17257.03, no person may act as or advertise for the provision of services as an
18ambulance service provider unless the person holds an ambulance service provider
19license issued under this section.
No Except when acting under s. 257.03, no 20individual may act as or advertise for the provision of services as an emergency
21medical technician unless he or she holds an emergency medical technician license
22or training permit issued under sub. (5).
No Except when acting under s. 257.03, no 23individual may act as or advertise for the provision of services as a first responder
24unless he or she holds a first responder certificate issued under sub. (8).
SB226, s. 257
25Section
257. Chapter 257 (title) of the statutes is created to read:
SB226,74,3
1Chapter 257
2
Emergency volunteer Health care
3
practitioners
SB226, s. 258
4Section
258. 257.01 (intro.) of the statutes is created to read:
SB226,74,5
5257.01 Definitions. (intro.) In this chapter:
SB226, s. 259
6Section
259. 257.01 (1) (b) and (c) of the statutes are created to read:
SB226,74,117
257.01
(1) (b) An individual who was at any time within the previous 10 years,
8but is not currently, licensed as a psychologist under ch. 455 or certified as a social
9worker or licensed as a clinical social worker, a marriage and family therapist, or a
10professional counselor under ch. 457, if the individual's license or certification was
11never revoked, limited, suspended, or denied renewal.
SB226,74,1512
(c) An individual who holds a valid, unexpired license, certification, or
13registration issued by another state or territory that authorizes or qualifies the
14individual to perform acts that are substantially the same as those acts that an
15individual under par. (a) is licensed or certified to perform.
SB226, s. 260
16Section
260. 257.01 (2) of the statutes is created to read:
SB226,74,1717
257.01
(2) "Emergency medical services provider" means any of the following:
SB226,74,1918
(a) An individual who is licensed as an emergency medical technician or
19certified as a first responder under s. 256.15.
SB226,74,2320
(b) An individual who was at any time in the previous 10 years, but is not
21currently, licensed as an emergency medical technician or certified as a first
22responder under s. 256.15, if the individual's license was never revoked, limited,
23suspended, or denied renewal.
SB226,75,224
(c) An individual who holds a valid, unexpired license, certification, or
25registration issued by another state or territory that authorizes or qualifies the
1individual to perform acts that are substantially the same as those acts that an
2individual under par. (a) is licensed or certified to perform.
SB226, s. 261
3Section
261. 257.01 (3) of the statutes is created to read:
SB226,75,44
257.01
(3) "Funeral director" means any of the following:
SB226,75,55
(a) An individual who is licensed as a funeral director under ch. 445.
SB226,75,86
(b) An individual who was at any time within the previous 10 years, but is not
7currently, licensed as a funeral director under ch. 445, if the individual's license was
8never revoked, limited, suspended, or denied renewal.
SB226,75,129
(c) An individual who holds a valid, unexpired license, certification, or
10registration issued by another state or territory that authorizes or qualifies the
11individual to perform acts that are substantially the same as those acts that an
12individual under par. (a) is licensed to perform.
SB226, s. 262
13Section
262. 257.01 (5) (b) and (c) of the statutes are created to read:
SB226,75,2014
257.01
(5) (b) An individual who was at any time within the previous 10 years,
15but is not currently, licensed as a physician, a physician assistant, or a podiatrist
16under ch. 448, licensed as a registered nurse, licensed practical nurse, or
17nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a
18pharmacist under ch. 450, or certified as a respiratory care practitioner under ch.
19448, if the individual's license or certification was never revoked, limited, suspended,
20or denied renewal.
SB226,75,2421
(c) An individual who holds a valid, unexpired license, certification, or
22registration issued by another state or territory that authorizes or qualifies the
23individual to perform acts that are substantially the same as those acts that an
24individual under par. (a) is licensed or certified to perform.
SB226, s. 263
25Section
263. 257.01 (7) of the statutes is created to read:
SB226,76,1
1257.01
(7) "Nurse aide" means any of the following:
SB226,76,32
(a) An individual who satisfies the requirements for a nurse aide under s.
3146.40 (2) (a), (c), (e), (em), or (g).
SB226,76,74
(b) An individual who did at any time within the previous 10 years, but does
5not currently, satisfy the requirements for a nurse aide under s. 146.40 (2) (a), (c), (e),
6(em), or (g), if the individual's name has never been listed under s. 146.40 (4g) (a) 2.,
72005 stats., or s. 146.40 (4g) (a) 2.
SB226,76,118
(c) An individual who holds a valid, unexpired license, certification, or
9registration issued by another state or territory that authorizes or qualifies the
10individual to perform acts that are substantially the same as those acts that an
11individual under par. (a) is qualified to perform.
SB226, s. 264
12Section
264. 257.01 (8) of the statutes is created to read:
SB226,76,1513
257.01
(8) "Practitioner" means a behavioral health provider, emergency
14medical services provider, funeral director, health care provider, nurse aide, pupil
15services provider, substance abuse prevention provider, or veterinary provider.
SB226, s. 265
16Section
265. 257.01 (9) (b) and (c) of the statutes are created to read: