AB59: Bill Text

AB59,20 Section 20. 38.24 (5) (a) 1j. of the statutes is amended to read:

AB59,9,16 38.24 (5) (a) 1j. “Emergency medical services technician" means an individual under s. 256.01 (4p) or (5) or (9).

AB59,21 Section 21. 40.02 (48) (bm) of the statutes is amended to read:

AB59,9,25 40.02 (48) (bm) “Protective occupation participant" includes any participant who is an emergency medical technician services practitioner, as defined in s. 256.01 (5), if the participant's employer classifies the participant as a protective occupation participant and the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify a participant who is an emergency medical technician services practitioner as a protective occupation participant without making a determination that the principal duties of the participant involve active law enforcement or active fire suppression or prevention. A determination under this paragraph may not be appealed under s. 40.06 (1) (e) or (em), but a determination under this paragraph regarding the classification of a state employee is subject to review under s. 40.06 (1) (dm). Notwithstanding sub. (17) (d), each participant who is classified as a protective occupation participant under this paragraph on or after January 1, 1991, shall be granted creditable service as a protective occupation participant for all covered service as an emergency medical technician services practitioner that was earned on or after the date on which the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm), but may not be granted creditable service as a protective occupation participant for any covered service as an emergency medical technician services practitioner that was earned before that date.

AB59,22 Section 22. 40.65 (4r) of the statutes is amended to read:

AB59,10,18 40.65 (4r) A protective occupation participant who is an emergency medical technician services practitioner, as defined in s. 256.01 (5), is not entitled to a duty disability benefit under this section for an injury or disease occurring before the date on which the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm).

AB59,23 Section 23. 48.195 (1) of the statutes is amended to read:

AB59,11,15 48.195 (1) Taking child into custody. In addition to being taken into custody under s. 48.19, a child whom a law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member reasonably believes to be 72 hours old or younger may be taken into custody under circumstances in which a parent of the child relinquishes custody of the child to the law enforcement officer, emergency medical technician services practitioner, or hospital staff member and does not express an intent to return for the child. If a parent who wishes to relinquish custody of his or her child under this subsection is unable to travel to a sheriff's office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical technician services practitioner, or hospital staff member is located, the parent may dial the telephone number “911" or, in an area in which the telephone number “911" is not available, the number for an emergency medical service provider, and the person receiving the call shall dispatch a law enforcement officer or emergency medical technician services practitioner to meet the parent and take the child into custody. A law enforcement officer, emergency medical technician services practitioner, or hospital staff member who takes a child into custody under this subsection shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20, and shall, within 5 days after taking the child into custody, file a birth certificate for the child under s. 69.14 (3).

AB59,24 Section 24. 48.195 (2) (a) of the statutes is amended to read:

AB59,12,2 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment have the right to remain anonymous. The exercise of that right shall not affect the manner in which a law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member performs his or her duties under this section. No person may induce or coerce or attempt to induce or coerce a parent or person assisting a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent is coercing the parent into relinquishing custody of the child.

AB59,25 Section 25. 48.195 (2) (b) of the statutes is amended to read:

AB59,12,11 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment may leave the presence of the law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member who took custody of the child at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

AB59,26 Section 26. 48.195 (3) (a) of the statutes is amended to read:

AB59,12,17 48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes a child into custody under sub. (1) shall make available to the parent who relinquishes custody of the child the maternal and child health toll-free telephone number maintained by the department under 42 USC 705 (a) (5) (E).

AB59,27 Section 27. 48.195 (4) (b) of the statutes is amended to read:

AB59,12,25 48.195 (4) (b) Any law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes a child into custody under sub. (1) is immune from any civil liability to the child's parents, or any criminal liability for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child's parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.

AB59,28 Section 28. 48.685 (1) (ag) 2. of the statutes is amended to read:

AB59,13,7 48.685 (1) (ag) 2. “Caregiver" does not include a person who is certified as an emergency medical technician services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical technician services practitioner and does not include a person who is certified as a first an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as a first an emergency medical responder.

AB59,29 Section 29. 48.981 (2) (a) 27. of the statutes is amended to read:

AB59,13,9 48.981 (2) (a) 27. An emergency medical technician services practitioner.

AB59,30 Section 30. 48.981 (2) (a) 28. of the statutes is amended to read:

AB59,13,12 48.981 (2) (a) 28. A first An emergency medical responder, as defined in s. 256.01 (4p).

AB59,31 Section 31. 50.065 (1) (ag) 2. of the statutes is amended to read:

AB59,13,19 50.065 (1) (ag) 2. “Caregiver" does not include a person who is certified as an emergency medical technician services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical technician services practitioner and does not include a person who is certified as a first an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as a first an emergency medical responder.

AB59,32 Section 32. 59.34 (2) (a) of the statutes is amended to read:

AB59,13,23 59.34 (2) (a) Notwithstanding s. 979.04 (3) and except as provided in par. (b), any person holding office under sub. (1) may also serve as an emergency medical technician, first services practitioner, emergency medical responder, or fire fighter.

AB59,33 Section 33. 59.34 (2) (b) 1. of the statutes is amended to read:

AB59,14,23 59.34 (2) (b) 1. No person serving as a coroner or medical examiner, or deputy coroner or medical examiner's assistant, who also serves as an emergency medical technician, first services practitioner, emergency medical responder, or a fire fighter may participate as a coroner or medical examiner, or deputy coroner or medical examiner's assistant, in any case in which he or she may be required to participate as an emergency medical technician, first services practitioner, emergency medical responder, or fire fighter. If an apparent or actual conflict of interest arises between the person's duties as coroner or medical examiner and as emergency medical technician, first services practitioner, emergency medical responder, or fire fighter, the deputy coroner or medical examiner's assistant shall act as coroner or medical examiner in the case in which the conflict exists. If an apparent or actual conflict of interest arises between the person's duties as deputy coroner or medical examiner's assistant and as emergency medical technician, first services practitioner, emergency medical responder, or fire fighter, a coroner or another deputy coroner, or a medical examiner or another medical examiner's assistant shall act as coroner or medical examiner in the case in which the conflict exists. If there is no coroner, deputy coroner, medical examiner, or medical examiner's assistant available who may act without an apparent or actual conflict of interest, the coroner or medical examiner shall request that the coroner, medical examiner, deputy coroner, or a medical examiner's assistant in another county act as coroner or medical examiner in the case in which the conflict exists. Any fees owed to or expenses incurred by the acting coroner or medical examiner from the other county shall be paid by the county that requested the acting coroner's or medical examiner's services.

AB59,34 Section 34. 59.35 (5) of the statutes is amended to read:

AB59,15,3 59.35 (5) A person holding office under this section may also serve as an emergency medical technician, a first services practitioner, an emergency medical responder, a fire fighter or a chief, deputy chief or assistant chief of a fire department.

AB59,35 Section 35. 60.37 (4) (a) of the statutes is amended to read:

AB59,15,16 60.37 (4) (a) An elected town officer, other than a town clerk, a town treasurer, or an officer serving in a combined office of town clerk and town treasurer, who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. An elected town officer, who is a town clerk, a town treasurer, or an officer serving in a combined office of town clerk and town treasurer, who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $15,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first services practitioner, or emergency medical responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 82.03 (1).

AB59,36 Section 36. 66.0137 (4t) of the statutes is amended to read:

AB59,15,23 66.0137 (4t) Health insurance for protective services employees. If a 1st class city offers health care insurance to employees who are police officers, fire fighters, or emergency medical technicians services practitioners, as defined in s. 256.01 (5), the 1st class city shall also offer to the employees who are police officers, fire fighters, or emergency medical technicians services practitioners a high-deductible health plan.

AB59,37 Section 37. 66.0501 (4) of the statutes is amended to read:

AB59,16,8 66.0501 (4) Compatible offices and positions. A volunteer fire fighter, emergency medical technician, or first services practitioner, or emergency medical responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of more than 5,000, may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under s. 60.37 (4) for work that he or she performs for the town.

AB59,38 Section 38. 66.0608 (title) of the statutes is amended to read:

AB59,16,12 66.0608 (title) Separate accounts for municipal fire, emergency medical technician services practitioner, and first emergency medical responder volunteer funds.

AB59,39 Section 39. 66.0608 (1) (a) of the statutes is renumbered 66.0608 (1) (aw) and amended to read:

AB59,16,16 66.0608 (1) (aw) “Emergency medical technician services practitioner" has the meaning given in s. 256.01 (5).

AB59,40 Section 40. 66.0608 (1) (b) of the statutes is amended to read:

AB59,16,23 66.0608 (1) (b) “Emergency medical technician services practitioner volunteer funds" means funds of a municipality that are raised by employees of the municipality's emergency medical technician services practitioner department, by volunteers, or by donation to the emergency medical technician services practitioner department, for the benefit of the municipality's emergency medical technician services practitioner department.

AB59,41 Section 41. 66.0608 (1) (d) of the statutes is renumbered 66.0608 (1) (ak) and amended to read:

AB59,17,2 66.0608 (1) (ak) “First Emergency medical responder" has the meaning given in s. 256.01 (9) (4p).

AB59,42 Section 42. 66.0608 (1) (e) of the statutes is renumbered 66.0608 (1) (am) and amended to read:

AB59,17,9 66.0608 (1) (am) “First Emergency medical responder volunteer funds" means funds of a municipality that are raised by employees of the municipality's first emergency medical responder department, by volunteers, or by donation to the first emergency medical responder department, for the benefit of the municipality's first emergency medical responder department.

AB59,43 Section 43. 66.0608 (1) (h) of the statutes is amended to read:

AB59,17,13 66.0608 (1) (h) “Volunteer funds" means emergency medical technician services practitioner volunteer funds, fire volunteer funds, or first emergency medical responder volunteer funds.

AB59,44 Section 44. 66.0608 (2) (a) of the statutes is amended to read:

AB59,17,21 66.0608 (2) (a) Authorizes a particular official or employee of the municipality's fire department, emergency medical technician services practitioner department, or first emergency medical responder department to deposit volunteer funds of the department for which the individual serves as an official or employee, in an account in the name of the fire department, emergency medical technician services practitioner department, or first emergency medical responder department, in a public depository.

AB59,45 Section 45. 66.0608 (2) (b) of the statutes is amended to read:

AB59,18,2 66.0608 (2) (b) Gives the municipality's fire department, emergency medical technician services practitioner department, or first emergency medical responder department, through the official or employee described under par. (a), exclusive control over the expenditure of volunteer funds of the department for which the individual serves as an official or employee in an account described under par. (a).

AB59,46 Section 46. 97.67 (5m) (a) 6. of the statutes is amended to read:

AB59,18,5 97.67 (5m) (a) 6. An emergency medical technician services practitioner, as defined in s. 256.01 (5).

AB59,47 Section 47. 102.03 (1) (c) 2. of the statutes is amended to read:

AB59,18,20 102.03 (1) (c) 2. Any employee going to and from his or her employment in the ordinary and usual way, while on the premises of the employer, or while in the immediate vicinity of those premises if the injury results from an occurrence on the premises; any employee going between an employer's designated parking lot and the employer's work premises while on a direct route and in the ordinary and usual way; any volunteer fire fighter, first emergency medical responder, emergency medical technician services practitioner, rescue squad member, or diving team member while responding to a call for assistance, from the time of the call for assistance to the time of his or her return from responding to that call, including traveling to and from any place to respond to and return from that call, but excluding any deviations for private or personal purposes; or any fire fighter or municipal utility employee responding to a call for assistance outside the limits of his or her city or village, unless that response is in violation of law, is performing service growing out of and incidental to employment.

AB59,48 Section 48. 103.88 (title) of the statutes is amended to read:

AB59,18,24 103.88 (title) Absence from work of volunteer fire fighter, emergency medical technician, first services practitioner, emergency medical responder, or ambulance driver.

AB59,49 Section 49. 103.88 (1) (c) of the statutes is amended to read:

AB59,19,2 103.88 (1) (c) “Emergency medical technician services practitioner" has the meaning given in s. 256.01 (5).

AB59,50 Section 50. 103.88 (1) (f) of the statutes is renumbered 103.88 (1) (bm) and amended to read:

AB59,19,6 103.88 (1) (bm) “First Emergency medical responder" has the meaning given in s. 256.01 (9) (4p).

AB59,51 Section 51. 103.88 (2) of the statutes is amended to read:

AB59,19,16 103.88 (2) Absence from work permitted. An employer shall permit an employee who is a volunteer fire fighter, emergency medical technician, first services practitioner, emergency medical responder, or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation to be late for or absent from work if the lateness or absence is due to the employee responding to an emergency that begins before the employee is required to report to work and if the employee complies with sub. (3) (a). This subsection does not entitle an employee to receive wages or salary for the time the employee is absent from work due to responding to an emergency as provided in this subsection.

AB59,52 Section 52. 103.88 (3) (a) 1. of the statutes is amended to read:

AB59,19,25 103.88 (3) (a) 1. By no later than 30 days after becoming a member of a volunteer fire department or fire company or becoming affiliated with an ambulance service provider, submits to the employee's employer a written statement signed by the chief of the volunteer fire department or fire company or by the person in charge of the ambulance service provider notifying the employer that the employee is a volunteer fire fighter, emergency medical technician, first services practitioner, emergency medical responder, or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation.

AB59,53 Section 53. 108.05 (3) (a) of the statutes is amended to read:

AB59,20,16 108.05 (3) (a) Except as provided in pars. (c), (d) and (dm) and s. 108.062, if an eligible employee earns wages in a given week, the first $30 of the wages shall be disregarded and the employee's applicable weekly benefit payment shall be reduced by 67 percent of the remaining amount, except that no such employee is eligible for benefits if the employee's benefit payment would be less than $5 for any week. For purposes of this paragraph, “wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that a claimant would have earned in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter, volunteer emergency medical technician services practitioner, or volunteer first emergency medical responder. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.

AB59,54 Section 54. 109.03 (1) (e) of the statutes is amended to read:

AB59,20,25 109.03 (1) (e) A part-time fire fighter or a part-time emergency medical technician services practitioner, as defined in s. 256.01 (5), who is a member of a volunteer fire department or emergency medical services program maintained by a county, city, village, or town or of a volunteer fire company organized under ch. 181 or ch. 213 and who, by agreement between the fire fighter or emergency medical technician services practitioner and the entity employing the fire fighter or emergency medical technician services practitioner, is paid at regular intervals, but no less often than annually.

AB59,55 Section 55. 111.91 (2) (gu) of the statutes is amended to read:

AB59,21,7 111.91 (2) (gu) The right of a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical technician, first services practitioner, emergency medical responder, or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).

AB59,56 Section 56. 118.29 (1) (c) of the statutes is amended to read:

AB59,21,12 118.29 (1) (c) “Health care professional" means a person licensed as an emergency medical technician services practitioner under s. 256.15, a person certified as a first an emergency medical responder under s. 256.15 (8) or any person licensed, certified, permitted or registered under chs. 441 or 446 to 449.

AB59,57 Section 57. 146.37 (1) (a) of the statutes is amended to read:

AB59,21,17 146.37 (1) (a) “Health care provider" includes an ambulance service provider, as defined in s. 256.01 (3), and an emergency medical technician services practitioner, as defined in s. 256.01 (5), and a first an emergency medical responder, as defined in s. 256.01 (9) (4p).

AB59,58 Section 58. 146.37 (1g) of the statutes is amended to read:

AB59,22,9 146.37 (1g) Except as provided in s. 153.76, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under subch. I of ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting or revoking hospital staff privileges or notifying the medical examining board or podiatry affiliated credentialing board under s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director in reviewing the performance of emergency medical technicians services practitioners, as defined in s. 256.01 (5), or ambulance service providers.

AB59,59 Section 59. 146.81 (1) (r) of the statutes is amended to read:

AB59,22,12 146.81 (1) (r) An emergency medical technician services practitioner, as defined in s. 256.01 (5).

AB59,60 Section 60. 146.81 (1) (s) of the statutes is amended to read:

AB59,22,15 146.81 (1) (s) A first An emergency medical responder, as defined in s. 256.01 (9) (4p).

AB59,61 Section 61. 146.81 (4) of the statutes is amended to read:

AB59,23,6 146.81 (4) “Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical technician services practitioner, as defined in s. 256.01 (5), or a first an emergency medical responder, as defined in s. 256.01 (9) (4p), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. “Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). “Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

AB59,62 Section 62. 146.997 (1) (d) 14. of the statutes is amended to read:

AB59,23,9 146.997 (1) (d) 14. An emergency medical technician services practitioner licensed under s. 256.15 (5) or a first an emergency medical responder.

AB59,63 Section 63. 154.17 (2) of the statutes is amended to read:

AB59,23,15 154.17 (2) “Do-not-resuscitate order" means a written order issued under the requirements of this subchapter that directs emergency medical technicians, first services practitioners, emergency medical responders , and emergency health care facilities personnel not to attempt cardiopulmonary resuscitation on a person for whom the order is issued if that person suffers cardiac or respiratory arrest.

AB59,64 Section 64. 154.17 (3) of the statutes is amended to read: