50.36(1)(1)
The department may use and enforce the conditions in
42 CFR 482.60 as standards that apply to psychiatric hospitals, which are hospitals primarily engaged in providing psychiatric services for the diagnosis and treatment of persons who have mental illness. Beginning on July 1, 2016, except as otherwise provided under ss.
50.32 to
50.39, the department shall use and enforce the conditions for Medicare participation for hospitals as the minimum standards that apply to hospitals. The department shall interpret the conditions for Medicare participation for hospitals using guidelines adopted by the federal centers for medicare and medicaid services, unless the department determines that a different interpretation is reasonably necessary to protect public health and safety. The department may promulgate, adopt, amend, and enforce additional rules and standards for the construction, maintenance, and operation of hospitals that the department determines are necessary to provide safe and adequate care and treatment of hospital patients and to protect the health and safety of the patients and employees. The building codes and construction standards of the department of safety and professional services shall apply to all hospitals to the extent that they are not incompatible with any building codes or construction standards required by the conditions for Medicare participation for hospitals. Except for the construction codes and standards of the department of safety and professional services and except as provided in s.
50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.
50.36(1m)(a)(a) Notwithstanding sub.
(1) and except as provided pars.
(b) and
(c), all of the following apply:
50.36(1m)(a)2.
2. The department shall, within the scope of the department's rule-making authority under sub.
(1), promulgate rules to repeal and recreate ch.
DHS 124, Wis. Adm. Code.
50.36(1m)(c)
(c) Paragraph
(a) does not apply beginning on the date that a permanent rule promulgated under ch.
227 that repeals and recreates ch.
DHS 124, Wis. Adm. Code, takes effect as provided in s.
227.22.
50.36(2)(a)(a) Notwithstanding sub.
(3L), the department shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with any applicable building code requirements under ch.
101 and with any physical plant requirements under this chapter or under rules promulgated under this chapter.
50.36(2)(b)
(b) The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under par.
(a).
50.36(3)(a)(a) Any person licensed to practice medicine and surgery under subch.
II of ch. 448 or podiatry under subch.
IV of ch. 448 shall be afforded an equal opportunity to obtain hospital staff privileges and may not be denied hospital staff privileges solely for the reason that the person is an osteopathic physician and surgeon or a podiatrist. Each individual hospital shall retain the right to determine whether the applicant's training, experience and demonstrated competence is sufficient to justify the granting of hospital staff privileges or is sufficient to justify the granting of limited hospital staff privileges.
50.36(3)(am)
(am) A hospital may grant any practitioner the opportunity to be a member of the hospital staff and obtain hospital staff privileges if the membership or privileges are not prohibited under sub.
(1) and are consistent with the practitioner's scope of practice.
50.36(3)(b)
(b) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for any reasons that include the quality of or ability to practice, loses his or her hospital staff privileges, has his or her hospital staff privileges reduced or resigns from the hospital staff, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.
50.36(3)(c)
(c) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.
50.36(3d)(a)(a) A hospital shall develop and maintain a system under which the hospital may grant emergency staff privileges to a health care provider, as defined in s.
146.81 (1), to whom all of the following apply:
50.36(3d)(a)1.
1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s.
323.10.
50.36(3d)(a)2.
2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s.
323.10.
50.36(3d)(a)3.
3. The health care provider has staff privileges at another hospital.
50.36(3d)(b)
(b) A hospital that grants emergency staff privileges under par.
(a) has immunity from civil liability for acts or omissions by a health care provider who is granted emergency staff privileges under par.
(a).
50.36(3j)
(3j) If a hospital has a policy on who may accompany or visit a patient, the hospital shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch.
770 as is accorded the spouse of a patient under the policy.
50.36(3L)
(3L) A hospital accredited by an approved national accrediting organization pursuant to
42 USC 1395bb (a) (1) is exempt from routine inspections and investigations to determine compliance with and is considered to be in compliance with the requirements for hospitals. The department may inspect an accredited hospital to investigate a complaint or comply with the request of the federal centers for medicare and medicaid services, including a request to validate the findings of the accrediting organization.
50.36(3m)
(3m) The department shall require a hospital that is accredited as a hospital by a national accrediting organization pursuant to
42 USC 1395bb (a) (1) to submit to the department evidence of current accreditation. Any evidence of accreditation and other accreditation-related correspondence or other materials submitted by or on behalf of a hospital to the department, except those submitted by a county mental health complex under s.
51.08, under this subsection are not subject to inspection, copying, or receipt under s.
19.35 (1) and may not be released by the department.
50.36(4)
(4) Except as provided in sub.
(3L), the department shall make or cause to be made such inspections and investigation, as are reasonably deemed necessary to obtain compliance with the requirements for hospitals. It shall afford an opportunity for representatives of the hospitals to consult with members of the staff of the department concerning compliance and noncompliance with the requirements for hospitals. If the department takes enforcement action against a hospital for a violation of the requirements for hospitals, and the department subsequently conducts an on-site inspection of the hospital to review the hospital's action to correct the violation, the department may, unless the hospital is operated by the state, impose a $200 inspection fee on the hospital.
50.36(5)
(5) Before providing emergency services in a hospital, medical and nursing personnel shall have proficiency in the use of an automated external defibrillator, as defined in s.
256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s.
46.03 (38) to provide such instruction.
50.36(6)
(6) If the department receives a credible complaint that a pharmacy located in a hospital has violated its duty to dispense contraceptive drugs and devices under s.
450.095 (2), the department shall refer the complaint to the department of safety and professional services.
50.36(6m)(a)(a) The secretary or his or her designee may grant a variance to or a waiver from any of the requirements for hospitals if all of the following apply:
50.36(6m)(a)3.
3. The secretary or his her designee determines that the variance or waiver is necessary to protect the public health, safety, or welfare or to support the efficient and economic operation of the hospital.
50.36(6m)(b)
(b) A variance or waiver granted under par.
(a) may be for a stated term. If a variance or waiver is for a stated term, the secretary or his her designee may extend the variance or waiver upon request by the hospital if he or she determines that an extension is necessary to protect the public health, safety, or welfare or to support the efficient and economic operation of the hospital.
50.36 Cross-reference
Cross-reference: See also ch.
DHS 124, Wis. adm. code.
50.36 Annotation
A hospital owes a duty to its patients to exercise reasonable care in the selection of medical staff and in granting special privileges. Johnson v. Misericordia Community Hospital,
99 Wis. 2d 708,
301 N.W.2d 156 (1981).
50.37
50.37
Notification to accrediting organization. The department shall notify a national accrediting organization that has accredited a hospital and the board of governors of the injured patients and families compensation fund under s.
619.04 (3) if the department has done any of the following:
50.37(1)
(1) Suspended or revoked the hospital's approval under s.
50.35.
50.37(2)
(2) Issued an order to the hospital.
50.37(4)
(4) Recommended to the federal centers for medicare and medicaid services that the hospital be decertified from the federal medicare program under
42 USC 1395 to
1395ccc or the federal medicaid program under
42 USC 1396 to
1396r-3 for failure to meet a condition of participation under the program.
50.375
50.375
Emergency contraception for sexual assault victims. 50.375(1)(a)
(a) “Emergency contraception" means a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device that is approved by the federal food and drug administration and that prevents a pregnancy after sexual intercourse. “Emergency contraception" does not include a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device of any nature that is prescribed to terminate the pregnancy of a female.
50.375(1)(c)
(c) “Victim" means a female who alleges or for whom it is alleged that she suffered sexual assault and who, as a result of the sexual assault, presents as a patient at a hospital that provides emergency services.
50.375(2)
(2) A hospital that provides emergency services to a victim shall do all of the following:
50.375(2)(a)
(a) Provide to the victim medically and factually accurate and unbiased written and oral information about emergency contraception and its use and efficacy.
50.375(2)(b)
(b) Orally inform the victim of all of the following:
50.375(2)(b)1.
1. Her option to receive emergency contraception at the hospital.
50.375(2)(b)2.
2. Her option to report the sexual assault to a law enforcement agency.
50.375(2)(b)3.
3. Any available options for her to receive an examination to gather evidence regarding the sexual assault.
50.375(2)(c)
(c) Except as specified in sub.
(4), immediately provide to the victim upon her request emergency contraception, in accordance with instructions approved by the federal food and drug administration. If the medication is taken in more than one dosage, the hospital shall provide all subsequent dosages to the victim for later self administration.
50.375(3)
(3) A hospital that provides emergency care shall ensure that each hospital employee who provides care to a victim has available medically and factually accurate and unbiased information about emergency contraception.
50.375(4)
(4) No hospital may be required to provide emergency contraception to a victim who is pregnant, as indicated by a test for pregnancy.
50.375(5)
(5) The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of subs.
(2) and
(3) and shall periodically review hospital procedures to determine whether a hospital is in compliance with the requirements.
50.375 History
History: 2007 a. 102.
50.377(1)(1)
Whoever violates a requirement under s.
50.375 (2) or
(3) may be required to forfeit not less than $2,500 nor more than $5,000 for each violation.
50.377(2)
(2) The department may directly assess forfeitures provided for under sub.
(1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub.
(3).
50.377(3)
(3) A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under sub.
(2), a written request for a hearing under s.
227.44 to the division of hearings and appeals created under s.
15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s.
227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch.
227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
50.377(4)
(4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub.
(3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.
50.377(5)
(5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.
50.377 History
History: 2007 a. 102;
2009 a. 2 s.
70.
50.378
50.378
Victim advocates. 50.378(1)(b)
(b) “Victim of sexual assault, human trafficking, or child sexual abuse" means a person who alleges or for whom it is alleged that he or she suffered from a violation of s.
940.22,
940.225, or
940.302, involving a commercial sex act, or s.
948.02,
948.025, or
948.05 to
948.11 and who, as a result of the alleged violation, presents as a patient at a hospital that provides emergency services.
50.378(2)
(2)
Right to accompaniment by a victim advocate. 50.378(2)(a)
(a) Except as provided in par.
(f) or
(g), a hospital that provides emergency services to a victim of sexual assault, human trafficking, or child sexual abuse shall, at the request of the victim, permit a victim advocate to accompany the victim to any examination or consultation that is performed at the hospital as a result of the violation.
50.378(2)(b)1.1. A parent, guardian, or legal custodian of a minor who is at least 10 years of age and who is a victim of sexual assault, human trafficking, or child sexual abuse may make a request under par.
(a) for a victim advocate to accompany the minor victim of sexual assault, human trafficking, or child sexual abuse.
50.378(2)(b)2.
2. A treating medical provider may make a request under par.
(a) for a victim advocate to accompany a minor who has not attained the age of 10 and who is a victim of sexual assault, human trafficking, or child sexual abuse.
50.378(2)(c)
(c) A minor who is a victim of sexual assault, human trafficking, or child sexual abuse may make a request under par.
(a) for a victim advocate to accompany him or her without the consent of his or her parent, guardian, or legal custodian.
50.378(2)(d)
(d) The hospital shall notify the victim and, if the victim is a minor who is at least 10 years of age, the victim's parent, guardian, or legal custodian, of his or her right to be accompanied by a victim advocate and of his or her rights under par.
(h). The hospital may make notification under this paragraph using a form provided by the department under sub.
(4) (c).
50.378(2)(e)
(e) A victim may request exclusion of a victim advocate at any examination or consultation that is performed at the hospital as a result of the sexual assault, human trafficking, or child sexual abuse. The victim advocate shall comply with a request under this paragraph.
50.378(2)(f)
(f) The hospital need not delay examining or treating the victim pending the arrival of a victim advocate, if the delay would endanger the health or safety of the victim or risk the loss of evidence.
50.378(2)(g)
(g) The hospital may exclude the victim advocate if any of the following occurs:
50.378(2)(g)1.
1. The presence or continued presence of the victim advocate obstructs the provision of necessary medical care to the victim.
50.378(2)(g)2.
2. The victim advocate fails to comply with hospital policies governing the conduct of individuals accompanying patients in the hospital.
50.378(2)(g)3.
3. The hospital has knowledge that the victim advocate, in his or her role as a victim advocate at any hospital, has taken one of the following actions and is more likely than not to take that action again:
50.378(2)(g)3.a.
a. Failing to agree to or comply with confidentiality requirements relating to another individual at a hospital.
50.378(2)(h)
(h) If a hospital has excluded a specific victim advocate under par.
(g), the hospital shall, at the request of the victim, permit a different victim advocate to accompany the victim.
50.378(3)
(3)
Immunity from liability. A hospital and its employees or agents are immune from civil liability for allowing a victim advocate to accompany a victim, for any failure to comply with any requirement in sub.
(2), and for any act or omission by a victim advocate.
50.378(4)(a)
(a) The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of sub.
(2).
50.378(4)(b)
(b) The department, in cooperation with the department of justice, shall develop guidelines for, and provide assistance to, hospitals that are subject to the requirements of sub.
(2).
50.378(4)(c)
(c) The department shall prescribe a form to be used by hospitals that provide emergency services to victims of sexual assault, human trafficking, or child sexual abuse to provide notification to victims and, if a victim is a minor who is at least 10 years of age, the victim's parent, guardian, or legal custodian, of his or her right to be accompanied by a victim advocate under sub.
(2). The form shall include all of the following information:
