DHS 110.526 History
History: CR 20-028: cr.
Register September 2021 No. 789, eff. 10-1-21.
DHS 110.53(1)(1)
The department may conduct an investigation to determine whether there has been a violation of this chapter or ch.
256, Stats.
DHS 110.53(2)
(2) An authorized employee or agent of the department, upon presentation of identification, shall be permitted to do all of the following:
DHS 110.53(2)(a)
(a) Enter the offices of an emergency medical service provider or training center during business hours without advance notice or at any other reasonable prearranged time.
DHS 110.53(2)(c)
(c) Inspect and reproduce records pertinent to the requirements of this chapter and ch.
256, Stats., including but not limited to administrative records, personnel records, ambulance run records, training records and vehicle records, whether the records are maintained in written, electronic or other form.
DHS 110.53(2)(e)
(e) Conduct other activities to determine whether a violation has occurred.
DHS 110.53(3)
(3) Persons subject to this chapter shall cooperate with department employees or agents during an investigation. No person may do any of the following:
DHS 110.53(3)(a)
(a) Refuse entry or access to an authorized employee or agent of the department to act under this section.
DHS 110.53(3)(b)
(b) Refuse to provide original records to, or refuse to copy or permit the copying of records for an authorized employee or agent of the department.
DHS 110.53(3)(c)
(c) Obstruct, hamper, or otherwise interfere with the actions of a department employee or agent under this subchapter.
DHS 110.53 History
History: CR 10-085: cr.
Register December 2010 No. 660, eff. 1-1-11.
DHS 110.54
DHS 110.54 Reasons for enforcement actions. The department may take any enforcement action under ss.
DHS 110.55 to
110.58, which it determines is appropriate against a person subject to the requirements of this chapter and ss.
256.12 to
256.18, Stats., for any of the following reasons:
DHS 110.54(1)
(1) The person is not eligible for a certificate, permit or license under this chapter or ss.
256.15 to
256.17, Stats.
DHS 110.54(2)
(2) The person made a false statement on an application for, or otherwise obtained a permit, certificate or license through fraud or error.
DHS 110.54(3)
(3) The licensing examination for the person was completed through error or fraud.
DHS 110.54(4)
(4) The person violated any provision of ch.
256, Stats., or this chapter.
DHS 110.54(5)
(5) The person violated an order of the department.
DHS 110.54(6)
(6) The person violated a court order pertaining to emergency medical services.
DHS 110.54(7)
(7) The person was disciplined as an emergency medical responder, emergency medical services practitioner or other healthcare provider in Wisconsin or another state.
DHS 110.54(8)
(8) The person's license or certification was revoked within the past two years.
DHS 110.54(9)
(9) The person has an arrest or conviction history substantially related to the performance of duties as an EMS professional, as determined by the department.
DHS 110.54(10)
(10) The person committed or permitted, aided or abetted the commission of an unlawful act that substantially relates to performance of EMS duties, as determined by the department.
DHS 110.54(11)
(11) The person failed to report to the department or to the emergency medical service provider director or medical director a violation of the rules of this chapter by a licensee, certificate holder or permit holder.
DHS 110.54 Note
Note: This provision does not require an emergency medical service provider to report treatment information in violation of the protection of the confidentiality of health care records under s.
146.82, Stats., or the privilege for confidential communication under s.
905.04, Stats.
DHS 110.54(12)
(12) The person failed to cooperate with the department in an investigation or made a false statement during an investigation.
DHS 110.54(13)
(13) The person failed to maintain certification in CPR for health care professionals by completing a course approved by the department and has performed as an emergency medical responder or emergency medical services practitioner.
DHS 110.54(14)
(14) The person practiced beyond the scope of practice for his or her license or certificate.
DHS 110.54(15)
(15) The person practiced or attempted to practice when unable to do so with reasonable skill and safety.
DHS 110.54(16)
(16) The person practiced or attempted to practice while impaired by alcohol or other drugs.
DHS 110.54(17)
(17) The person engaged in conduct that was dangerous or detrimental to the health or safety of a patient or to members of the general public while performing as an emergency medical responder or emergency medical services practitioner.
DHS 110.54(18)
(18) The person administered, supplied, obtained or possessed any drug other than in the course of legitimate EMS practice or as otherwise permitted by law.
DHS 110.54(19)
(19) The individual engaged in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient.
DHS 110.54(20)
(20) The person abused a patient by any act of nonconsensual force, violence, harassment, deprivation, nonconsensual sexual contact or neglect.
DHS 110.54(21)
(21) The person obtained or attempted to obtain anything of value from a patient for the benefit of self or a person other than the patient unless authorized by law.
DHS 110.54(22)
(22) The person falsified or inappropriately altered patient care reports.
DHS 110.54(23)
(23) The person revealed to another person not engaged in the care of the patient information about a patient's medical condition when release of the information was not authorized by the patient, authorized by law, or requested by the department in the investigation of complaints.
DHS 110.54(24)
(24) The person failed or refused to provide emergency medical care to a patient because of the patient's race, color, sex, age, beliefs, national origin, disability, medical condition, or sexual orientation.
DHS 110.54(26e)
(26e) The person violated or aided and abetted a violation of any law substantially related to the practice of emergency medical services or was convicted of any crime substantially related to the practice of emergency medical services. A certified copy of a judgment of conviction is prima facie evidence of a violation.
DHS 110.54(26m)
(26m) The person failed to notify the department within seven days of any arrest for violation of any law substantially related to the practice of emergency medical services.
DHS 110.54(26s)
(26s) The person failed to notify the department of a felony or misdemeanor conviction in writing within 48 hours after the entry of the judgment of conviction, including the date, time, place, and nature of the conviction of finding. Notice shall include a copy of the judgment of conviction and a copy of the complaint or other information which describes the nature of the crime in order that the department determine whether the circumstances of the crime of which the person was convicted are substantially related to the practice of emergency medical services.
DHS 110.54(27)
(27) A person licensed as an emergency medical services provider failed to provide or maintain, when required, insurance coverage sufficient to protect EMS professionals in the performance of their duties for the provider.
DHS 110.54(28)
(28) A person licensed as an emergency medical services provider violated any provision of its approved operational plan or took actions not authorized by the plan.
DHS 110.54 History
History: CR 10-085: cr.
Register December 2010 No. 660, eff. 1-1-11; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2010 No. 660;
CR 20-028: am. (7), (13), (17), cr. (26e), (26m), (26s), am. (27)
Register September 2021 No. 789, eff. 10-1-21;
CR 20-068: am. (24)
Register December 2021 No. 792, eff. 1-1-22.
DHS 110.55
DHS 110.55 Warning letter. The department may issue a warning letter to a licensee, permit holder, or certificate holder if the department finds that the person has committed a minor, first-time violation of a requirement of this chapter or ch.
256, Stats., or a minor, first-time violation identified in s.
DHS 110.54. The department shall retain a copy of the warning letter in the person's file and may consider it in determining what enforcement action is appropriate if the person commits subsequent violations. The department shall post a copy or a summary of the warning letter, which does not identify the recipient of the letter, on the department's EMS website. The department's issuance of a warning letter is a final decision of the department and is not subject to an administrative hearing.
DHS 110.55 History
History: CR 10-085: cr.
Register December 2010 No. 660, eff. 1-1-11.
DHS 110.56
DHS 110.56 Reprimand. The department may reprimand a licensee, permit holder, or certificate holder if the department finds that the person has violated a requirement of this chapter or ch.
256, Stats., or engaged in conduct described in s.
DHS 110.54. A reprimand documents the department's finding that the permittee, certificate holder or licensee has violated a requirement of this chapter or ch.
256, Stats., or has engaged in conduct described in s.
DHS 110.54. A reprimand may be in the form of a letter issued to the person who is the subject of the reprimand or a written stipulation between the person and the department. Before issuing a reprimand, the department shall give the person an opportunity to submit information relevant to the conduct the department believes constitutes a violation. The department shall retain a copy of the reprimand in the person's file and may consider the reprimand in determining what enforcement action is appropriate if the person commits subsequent violations. The department shall post the reprimand, identifying the violator and describing the violation, on the department's EMS website. The department's issuance of a reprimand is a final decision of the department and is not subject to an administrative hearing.
DHS 110.56 History
History: CR 10-085: cr.
Register December 2010 No. 660, eff. 1-1-11.
DHS 110.57
DHS 110.57 Summary suspension of a license, permit or certification. DHS 110.57(1)(1)
The department may summarily suspend a license, permit, or certification if the department has probable cause to believe that the licensee, permit holder, or certificate holder has violated a provision of this chapter or ch.
256, Stats., has engaged in conduct described in s.
DHS 110.54, or has engaged in or is likely to engage in other conduct, such that public health, safety or welfare imperatively requires emergency action. A summary suspension order is effective upon issuance, requires the immediate cessation of all activity authorized by the license, certification, or permit, and continues through the date of a final decision and order issued in an enforcement action based on the violation, unless the license, permit or certification is restored under sub.
(4) (d).
DHS 110.57(2)
(2) An order for summary suspension may be issued orally or in writing. If the order is issued orally, the department shall send written notice of the order to the person who is subject to the order within 48 hours after the issuance of the order. The department may serve a written order or notice of order by e-mail to the person's e-mail address on file with the department, or by regular mail, certified mail or personal service delivered to the person's address on file with the department. Receipt of an order or notice sent by e-mail is presumed at the time of transmission. Receipt of an order or notice sent by regular mail is presumed within 5 days of the date the notice was mailed.
DHS 110.57(3)
(3) The summary suspension order shall include all of the following:
DHS 110.57(3)(a)
(a) A finding that public health, safety or welfare imperatively requires emergency suspension of the license, permit, or certification.
DHS 110.57(3)(b)
(b) A statement that the suspension order is in effect and continues until the effective date of a final order and decision in an enforcement action against the person who is the subject of the order.
DHS 110.57(3)(c)
(c) Notification of the right under sub.
(4) to request a hearing to show cause why the summary suspension order should not be continued.
DHS 110.57(4)(a)(a) A person subject to a summary suspension order may request a hearing to show cause why the summary suspension should not be continued by filing a written request for a hearing with the division of hearings and appeals, as provided under s.
DHS 110.59, within 30 days after the date of the written order or notice of order.
DHS 110.57(4)(b)
(b) A hearing shall be held within 30 days of the date on which the hearing request is filed with the division of hearings and appeals, unless the person requests or agrees to a later time.
DHS 110.57(4)(c)
(c) The sole issue for hearing shall be whether the suspension shall remain in effect pending the conclusion of the department's investigation and any enforcement action based on the investigation.
DHS 110.57(4)(d)
(d) The hearing examiner shall issue a decision within 10 days after the hearing. If it is determined that summary suspension should not be continued, the license, certification, or permit shall be immediately restored.
DHS 110.57(5)
(5) The department shall commence and prosecute an enforcement action under s.
DHS 110.58 with reasonable promptness and without undue delay in light of all the circumstances of the case and the time required to complete an appropriate investigation into all the facts of the case and determine the proper enforcement action.
DHS 110.57 History
History: CR 10-085: cr.
Register December 2010 No. 660, eff. 1-1-11; (4) (title) removed under s.
13.92 (4) (b) 2., Stats.,
Register December 2010 No. 660.
DHS 110.58
DHS 110.58 Denial, refusal to renew, conditional issuance, issuance with limitation, suspension, revocation. DHS 110.58(1)(1)
The department may deny, refuse to renew, limit, condition, suspend or revoke a license, permit, or certification, for any reason under s.
DHS 110.54, if the department gives written notice of the reasons for the proposed action and the right to a hearing to appeal the action under s.
DHS 110.59.
DHS 110.58(2)
(2) The department may limit the actions a person would otherwise be authorized to perform under a certification, permit or license by issuing an order to an emergency medical services provider or to an individual emergency medical services professional and to the emergency medical service provider with whom the individual is credentialed. An order limiting a certification or license takes effect immediately upon issuance.
DHS 110.58(3)
(3) The department may condition the issuance or continuance of a certification, permit, or license upon the satisfactory compliance by the person holding the certificate, permit or license of specified requirements. A conditional permit, certification or license is effective upon issuance.
DHS 110.58(4)
(4) The department's denial of an application for an initial permit, certification or license is effective upon issuance.
DHS 110.58(5)
(5) A refusal to renew in response to a timely and sufficient application for renewal, a suspension or a revocation of a permit, certification, or license is effective 30 days after issuance of the department's order, unless the department summarily suspends the permit, certification or license, or the permittee, certificate holder, or licensee files a timely appeal of the department's action. If the department does not issue a summary suspension order and a timely appeal is filed, the department's action is not effective unless and until a final administrative decision authorizing the action is issued.
DHS 110.58(6)
(6) A revocation shall be for a minimum of two years.
DHS 110.58(7)
(7) If the department denies an application, the person may not apply again for one year.
DHS 110.58(8)
(8) The department may enter into an agreement with the person who is the subject of an enforcement action that stipulates the terms and conditions of the enforcement action.
DHS 110.58 History
History: CR 10-085: cr.
Register December 2010 No. 660, eff. 1-1-11.
DHS 110.59(1)(1)
Right to appeal. An enforcement action taken by the department under s.
DHS 110.57 or
110.58 is subject to review under ch.
227, Stats. To request a hearing under ch.
227, Stats., an aggrieved person shall submit a written request to the department of administration's division of hearings and appeals within 30 calendar days after the date of the department's action.
DHS 110.59(2)(a)
(a)
Filing date. A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. A request for a hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. A request for a hearing that is transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and at the time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 110.59(2)(b)
(b) Content of appeal. Appeals shall contain the following information:
DHS 110.59(2)(b)2.
2. A description of the action that is being contested and a copy of the department's order or notice of action.
DHS 110.59(2)(c)
(c) Service on department. The person requesting a hearing shall submit a copy of the hearing request to the department the same day the request is filed with the division of hearings and appeals.
