AB763: Bill Text

Finally, this bill implements the compact by allowing the Department of Health Services to promulgate rules necessary to implement the compact, and incorporates references to those individuals who have a privilege to practice under the compact into relevant statutory provisions related to emergency medical services and personnel.

For further information see the state 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:

AB763,1 Section 1. 14.89 of the statutes is created to read:

AB763,4,2 14.89 Emergency medical services personnel licensure interstate compact. There is created an emergency medical services personnel licensure interstate compact commission as specified in s. 256.60. The administrator of the commission representing this state shall be the responsible official of the state EMS authority, as defined in s. 256.60 (2) (s), or his or her designee as provided in s. 256.60 (10) (b) 1. The commission has the powers and duties granted and imposed under s. 256.60.

AB763,2 Section 2. 16.25 (1) (am) of the statutes is amended to read:

AB763,4,6 16.25 (1) (am) “Emergency medical responder" means an individual certified under s. 256.15 (8) (a) or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,3 Section 3 . 48.195 (1) of the statutes is amended to read:

AB763,5,5 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 services practitioner, as defined in s. 256.01 (5), individual with a privilege to practice, as defined in s. 256.60 (2) (L), 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 services practitioner, individual with a privilege to practice, 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 services practitioner, individual with a privilege to practice, 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 services practitioner, or individual with a privilege to practice to meet the parent and take the child into custody. A law enforcement officer, emergency medical services practitioner, individual with a privilege to practice, 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 record for the child under s. 69.14 (3).

AB763,4 Section 4. 48.685 (1) (ag) 2. of the statutes is amended to read:

AB763,5,14 48.685 (1) (ag) 2. “Caregiver" does not include a person who is certified as an emergency medical services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical services practitioner and does not include a person who is certified as an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as an emergency medical responder. “Caregiver” does not include a person who has a privilege to practice, as defined in s. 256.60 (2) (L), if the person is employed, or seeking employment, to deliver emergency medical services in this state.

AB763,5 Section 5. 48.981 (2) (a) 28m. of the statutes is created to read:

AB763,5,17 48.981 (2) (a) 28m. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,6 Section 6. 50.065 (1) (ag) 2. of the statutes is amended to read:

AB763,6,2 50.065 (1) (ag) 2. “Caregiver" does not include a person who is certified as an emergency medical services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical services practitioner and does not include a person who is certified as an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as an emergency medical responder. “Caregiver” does not include a person who has a privilege to practice, as defined in s. 256.60 (2) (L), if the person is employed, or seeking employment, to deliver emergency medical services in this state.

AB763,7 Section 7 . 66.0137 (1) (ah) of the statutes is amended to read:

AB763,6,8 66.0137 (1) (ah) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5), except that in this section it includes an individual with a privilege to practice, as defined in s. 256.60 (2) (L), and applies only to an individual who is employed directly by a political subdivision or by a joint emergency medical services department operated jointly by 2 or more political subdivisions.

AB763,8 Section 8. 97.67 (5m) (a) 6m. of the statutes is created to read:

AB763,6,11 97.67 (5m) (a) 6m. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,9 Section 9. 102.03 (1) (c) 2. of the statutes is amended to read:

AB763,7,2 102.03 (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, emergency medical responder, emergency medical services practitioner, individual with a privilege to practice, as defined in s. 256.60 (2) (L), 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.

AB763,10 Section 10. 103.88 (2) of the statutes is amended to read:

AB763,7,13 103.88 (2) Absence from work permitted. An employer shall permit an employee who is a volunteer fire fighter, emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), 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.

AB763,11 Section 11. 103.88 (3) (a) 1. of the statutes is amended to read:

AB763,7,23 103.88 (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 services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation.

AB763,12 Section 12. 108.05 (3) (a) of the statutes is amended to read:

AB763,8,16 108.05 (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 services practitioner, or volunteer emergency medical responder, including services performed as an individual with a privilege to practice, as defined in s. 256.60 (2) (L). In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.

AB763,13 Section 13 . 109.03 (1) (e) of the statutes is amended to read:

AB763,9,2 109.03 (1) (e) A part-time fire fighter or, a part-time emergency medical services practitioner, as defined in s. 256.01 (5), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L), 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 services practitioner, or individual with a privilege to practice and the entity employing the fire fighter or, emergency medical services practitioner, or individual with a privilege to practice is paid at regular intervals, but no less often than annually.

AB763,14 Section 14. 111.91 (2) (gu) of the statutes is amended to read:

AB763,9,10 111.91 (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 services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), 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).

AB763,15 Section 15. 118.29 (1) (c) of the statutes is amended to read:

AB763,9,16 118.29 (1) (c) “Health care professional" means a person licensed as an emergency medical services practitioner under s. 256.15, a person certified as an emergency medical responder under s. 256.15 (8), a person with a privilege to practice, as defined in s. 256.60 (2) (L), or any person licensed, certified, permitted or registered under chs. 441 or 446 to 449.

AB763,16 Section 16. 146.37 (1) (a) of the statutes is amended to read:

AB763,9,21 146.37 (1) (a) “Health care provider" includes an ambulance service provider, as defined in s. 256.01 (3), and an emergency medical services practitioner, as defined in s. 256.01 (5), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), and an emergency medical responder, as defined in s. 256.01 (4p).

AB763,17 Section 17 . 146.37 (1) (a) of the statutes is amended to read:

AB763,9,24 146.37 (1) (a) “Health care provider" includes an ambulance service provider, as defined in s. 256.01 (3), and an emergency medical services practitioner, as defined in s. 256.01 (5), and an emergency medical responder, as defined in s. 256.01 (4p), and an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,18 Section 18 . 146.38 (1) (b) 1. of the statutes is amended to read:

AB763,10,4 146.38 (1) (b) 1. A person specified in s. 146.81 (1) (a) to (hp), (r), or (s), or (t).

AB763,19 Section 19. 146.81 (1) (t) of the statutes is created to read:

AB763,10,7 146.81 (1) (t) An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,20 Section 20. 146.81 (4) of the statutes is amended to read:

AB763,10,24 146.81 (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 services practitioner, as defined in s. 256.01 (5), or an emergency medical responder, as defined in s. 256.01 (4p), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L), 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.

AB763,21 Section 21. 146.997 (1) (d) 14. of the statutes is amended to read:

AB763,11,3 146.997 (1) (d) 14. An emergency medical services practitioner licensed under s. 256.15 (5) or, an emergency medical responder, or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,22 Section 22 . 154.19 (3) (a) of the statutes is amended to read:

AB763,11,10 154.19 (3) (a) Except as provided in par. (b), emergency medical services practitioners, as defined in s. 256.01 (5), emergency medical responders, as defined in s. 256.01 (4p), individuals with a privilege to practice, as defined in s. 256.60 (2) (L), and emergency health care facilities personnel shall follow do-not-resuscitate orders. The procedures used in following a do-not-resuscitate order shall be in accordance with any procedures established by the department by rule.

AB763,23 Section 23 . 154.19 (3) (b) 3. of the statutes is amended to read:

AB763,11,14 154.19 (3) (b) 3. The emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, or member of the emergency health care facility knows that the patient is pregnant.

AB763,24 Section 24 . 154.21 (1) (a) of the statutes is amended to read:

AB763,11,22 154.21 (1) (a) The patient expresses to an emergency medical services practitioner, to an emergency medical responder, to an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or to a person who serves as a member of an emergency health care facility's personnel the desire to be resuscitated. The emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

AB763,25 Section 25 . 154.225 (2) (a) of the statutes is amended to read:

AB763,12,5 154.225 (2) (a) The guardian or health care agent directs an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical services practitioner, the emergency medical responder, individual with a privilege to practice, or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

AB763,26 Section 26 . 154.25 (6) of the statutes is amended to read:

AB763,12,12 154.25 (6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered, or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian, or the patient's health care agent expresses to the emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or emergency health care facility personnel the patient's desire to be resuscitated.

AB763,27 Section 27. 157.06 (12) (a) 1. of the statutes is amended to read:

AB763,12,16 157.06 (12) (a) 1. A law enforcement officer, fire fighter, emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or ambulance service provider.

AB763,28 Section 28. 252.14 (1) (ar) 16. of the statutes is created to read:

AB763,12,19 252.14 (1) (ar) 16. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,29 Section 29. 252.15 (5g) (a) 1. of the statutes is amended to read:

AB763,13,3 252.15 (5g) (a) 1. The person is an emergency medical services practitioner; emergency medical responder; individual with a privilege to practice, as defined in s. 256.60 (2) (L); fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred during the course of the person providing care or services to the individual.

AB763,30 Section 30. Subchapter I (title) of chapter 256 [precedes 256.01] of the statutes is created to read:

AB763,13,6 chapter 256

AB763,13,7 SUBCHAPTER I

AB763,13,9 EMERGENCY MEDICAL SERVICES IN GENERAL

AB763,31 Section 31. 256.01 (intro.) of the statutes is amended to read:

AB763,13,11 256.01 Definitions. (intro.) In this chapter subchapter:

AB763,32 Section 32 . 256.12 (2) (a) of the statutes is amended to read:

AB763,14,11 256.12 (2) (a) Any county, city, town, village, hospital, ambulance service provider, or combination thereof may, after submission of a plan approved by the department, conduct an emergency medical services program using emergency medical services practitioners or individuals with a privilege to practice, as defined in s. 256.60 (2) (L), for the delivery of emergency medical care to sick, disabled, or injured individuals at the scene of an emergency and during transport to a hospital, while in the hospital emergency department until responsibility for care is assumed by the regular hospital staff, and during transfer of a patient between health care facilities. An ambulance service provider may, after submission of a plan approved by the department, conduct an emergency medical services program using emergency medical services practitioners or individuals with a privilege to practice for the delivery of emergency medical care to sick, disabled, or injured individuals during transfer of the individuals between health care facilities. Nothing in this section prohibits an emergency medical services program from using community paramedics and community emergency medical services practitioners for services described in ss. 256.205 (6) and 256.21 (6) or from providing nonemergency services in accordance with s. 256.15 (6p). Nothing in this section shall be construed to prohibit the operation of fire department, police department, for-profit ambulance service provider, or other emergency vehicles using the services of emergency medical services practitioners or individuals with a privilege to practice in conjunction with a program approved by the department. Hospitals that offer approved training courses for emergency medical services practitioners should, if feasible, serve as the base of operation for approved programs using emergency medical services practitioners.

AB763,33 Section 33. Subchapter II of chapter 256 [precedes 256.60] of the statutes is created to read:

AB763,14,14 chapter 256

AB763,14,15 SUBCHAPTER II

AB763,14,18 EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT

AB763,15,7 256.60 Emergency medical services personnel licensure interstate compact. (1) Purpose. (a) In order to protect the public through verification of competency and ensure accountability for patient care related activities, all states license emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics. This compact is intended to facilitate the day-to-day movement of emergency medical services personnel across state boundaries in the performance of their emergency medical services duties as assigned by an appropriate authority and authorize state emergency medical services offices to afford immediate legal recognition to emergency medical services personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of emergency medical services personnel and that such state regulation shared among the member states will best protect public health and safety.

AB763,15,8 (b) This compact is designed to achieve the following purposes and objectives:

AB763,15,9 1. Increase public access to emergency medical services personnel.

AB763,15,11 2. Enhance the states' ability to protect the public's health and safety, especially patient safety.

AB763,15,13 3. Encourage the cooperation of member states in the areas of emergency medical services personnel licensure and regulation.

AB763,15,15 4. Support licensing of military members who are separating from an active duty tour and their spouses.

AB763,15,18 5. Facilitate the exchange of information between member states regarding emergency medical services personnel licensure, adverse action, and significant investigatory information.

AB763,15,20 6. Promote compliance with the laws governing emergency medical services personnel practice in each member state.

AB763,15,23 7. Invest all member states with the authority to hold emergency medical services personnel accountable through the mutual recognition of member state licenses.

AB763,15,24 (2) Definitions. In this section:

AB763,16,4 (a) “Advanced emergency medical technician” or “AEMT” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National Emergency Medical Services Education Standards and National Emergency Medical Services Scope of Practice Model.

AB763,16,11 (b) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state's laws that may be imposed against licensed emergency medical services personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority.

AB763,16,13 (c) “Alternative program” means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority.

AB763,16,16 (d) “Certification” means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.

AB763,16,18 (e) “Commission” means the national administrative body of which all states that have enacted the compact are members.