AB1-SSA1-SA2,338,6 4(2) No person may sell tobacco products to consumers in this state by direct
5marketing unless the tax imposed under s. 139.76, and under s. 77.52 or 77.53, has
6been paid with regard to such products.
AB1-SSA1-SA2,338,9 7(3) No person may sell tobacco products to a consumer in this state by direct
8marketing unless the person verifies the consumer's identity and that the consumer
9is at least 18 years of age by any of the following methods:
AB1-SSA1-SA2,338,1110 (a) The person uses a database, approved by the department, that includes
11information based on public records to verify the consumer's age and identity.
AB1-SSA1-SA2,338,1712 (b) The person receives from the consumer, at the time of purchase, a notarized
13copy of a government issued identification, the name specified on the identification
14matches the name of the consumer, and the birth date on the identification verifies
15that the purchaser is at least 18 years of age. In this paragraph, "government issued
16identification" includes a valid driver's license, state identification card, passport, or
17military identification.
AB1-SSA1-SA2,338,1918 (c) The person uses a mechanism, other than a mechanism under par. (a) or (b),
19for verifying the age and identity of a consumer that is approved by the department.
AB1-SSA1-SA2,338,24 20(4) Any person who, without having a valid permit under sub. (1), sells or
21solicits sales of tobacco products to consumers in this state by direct marketing shall
22pay a penalty to the department of $5,000 or an amount that is equal to 50% of the
23tax due on the tobacco products the person sold, without having a valid permit under
24sub. (1), to consumers in this state by direct marketing, whichever is greater.
AB1-SSA1-SA2,339,2
1(5) No tobacco products may be shipped or delivered to a person who is under
218 years of age and no tobacco products may be shipped to a post-office box.
AB1-SSA1-SA2,339,5 3(6) All revenue collected from permits and penalties under this section shall
4be credited to the appropriation account under s. 20.566 (1) (gc) to enforce and
5administer this section.
AB1-SSA1-SA2, s. 319s 6Section 319s. 139.81 (1) of the statutes is amended to read:
AB1-SSA1-SA2,339,227 139.81 (1) No person may sell or take orders for tobacco products for resale or
8solicit sales of tobacco products
in this state for any manufacturer or permittee
9unless the person has filed an application for and obtained a valid certificate under
10s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or
11permittee shall authorize any person to sell or take orders for tobacco products or
12solicit sales of tobacco products
in this state unless the person has filed an application
13for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit.
14No person shall authorize another person to sell tobacco products or solicit sales of
15tobacco products in this state unless the person has filed an application for and
16obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79.

17Each application for a permit shall disclose the name and address of the employer
18and shall remain effective only while the salesperson represents the named
19employer. If the salesperson is thereafter employed by another manufacturer or
20permittee
person the salesperson shall obtain a new salesperson's permit. Each
21manufacturer and permittee shall notify the department within 10 days after the
22resignation or dismissal of any salesperson holding a permit.
AB1-SSA1-SA2, s. 319t 23Section 319t. 139.81 (2) of the statutes is amended to read:
AB1-SSA1-SA2,339,2524 139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this
25section.".
AB1-SSA1-SA2,340,1
1386. Page 170, line 15: after that line insert:
AB1-SSA1-SA2,340,2 2" Section 329r. 146.50 (4) (title) of the statutes is amended to read:
AB1-SSA1-SA2,340,43 146.50 (4) (title) Ambulance staffing and operational plans; limitations;
4rules.
AB1-SSA1-SA2, s. 329s 5Section 329s. 146.50 (4) (c) of the statutes is renumbered 146.50 (4) (c) (intro.)
6and amended to read:
AB1-SSA1-SA2,340,177 146.50 (4) (c) (intro.) Notwithstanding par. (a), the department may
8promulgate rules that establish standards for approval by the department of
9operational plans for the
staffing of ambulances in which the primary services
10provided are those which an emergency medical technician - intermediate is
11authorized to provide or those which an emergency medical technician - paramedic
12is authorized to provide. Rules promulgated by the department under this
13paragraph may permit the department to approve an operational plan, for services
14that an emergency medical technician-paramedic is authorized to provide, that is
15submitted by an ambulance service provider that provided these services before
16January 1, 2000, only if the operational plan specifies all of the following for the
17transport of a patient in a prehospital setting:
AB1-SSA1-SA2, s. 329t 18Section 329t. 146.50 (4) (c) 1. of the statutes is created to read:
AB1-SSA1-SA2,340,2419 146.50 (4) (c) 1. That the ambulance service provider ensures, in writing, that
20the ambulance is staffed with at least 2 emergency medical technicians-paramedic,
21licensed registered nurses, licensed physician assistants, or physicians or a
22combination of any 2 of these, who are trained in the use of all skills authorized by
23rule for an emergency medical technician-paramedic and are designated by the
24medical director of the ambulance service.
AB1-SSA1-SA2, s. 329u
1Section 329u. 146.50 (4) (c) 2. of the statutes is created to read:
AB1-SSA1-SA2,341,52 146.50 (4) (c) 2. That the ambulance staff, as specified in subd. 1., is dispatched
3from the same site, together, to the scene of an emergency. This subdivision does not
4apply if the ambulance service provider, as of October 1, 2001, dispatched ambulance
5staff from multiple sites to the scene of an emergency.
AB1-SSA1-SA2, s. 329v 6Section 329v. 146.50 (4) (c) 3. of the statutes is created to read:
AB1-SSA1-SA2,341,107 146.50 (4) (c) 3. That if an emergency medical technician-paramedic arrives
8at the scene of an emergency prior to the arrival of the ambulance staff, as specified
9in subd. 1., the emergency medical technician-paramedic may provide services using
10all skills authorized by rule for an emergency medical technician-paramedic.".
AB1-SSA1-SA2,341,11 11387. Page 171, line 12: after that line insert:
AB1-SSA1-SA2,341,12 12" Section 333h. 146.50 (13) (a) of the statutes is amended to read:
AB1-SSA1-SA2,341,1413 146.50 (13) (a) The department may promulgate rules necessary for
14administration of this section, as limited under sub. (4) (c).".
AB1-SSA1-SA2,341,15 15388. Page 172, line 10: after that line insert:
AB1-SSA1-SA2,341,16 16" Section 336g. 146.83 (1) (b) of the statutes is amended to read:
AB1-SSA1-SA2,341,1817 146.83 (1) (b) Receive a copy of the patient's health care records upon payment
18of reasonable costs fees, as established by rule under sub. (3m).
AB1-SSA1-SA2, s. 336h 19Section 336h. 146.83 (1) (c) of the statutes is amended to read:
AB1-SSA1-SA2,341,2220 146.83 (1) (c) Receive a copy of the health care provider's X-ray reports or have
21the X-rays referred to another health care provider of the patient's choice upon
22payment of reasonable costs fees, as established by rule under sub. (3m).
AB1-SSA1-SA2, s. 336i 23Section 336i. 146.83 (3m) of the statutes is created to read:
AB1-SSA1-SA2,342,7
1146.83 (3m) The department shall, by rule, prescribe fees that are based on an
2approximation of actual costs. The fees, plus applicable state tax, are the maximum
3amount that a health care provider may charge under sub. (1) (b) for duplicate
4patient health care records and under sub. (1) (c) for duplicate X-ray reports or the
5referral of X-rays to another health care provider of the patient's choice. The rule
6shall also permit the health care provider to charge for actual postage or other actual
7delivery costs.".
AB1-SSA1-SA2,342,8 8389. Page 172, line 10: after that line insert:
AB1-SSA1-SA2,342,9 9" Section 336cc. 150.01 (2g) of the statutes is created to read:
AB1-SSA1-SA2,342,1110 150.01 (2g) "Ambulatory surgery center" has the meaning given in 42 CFR
11416.2
.
AB1-SSA1-SA2, s. 336cd 12Section 336cd. 150.01 (8g) of the statutes is created to read:
AB1-SSA1-SA2,342,1413 150.01 (8g) "Construction" means the establishment, erection, building,
14purchase, or other acquisition of a hospital or ambulatory surgery center.
AB1-SSA1-SA2, s. 336ce 15Section 336ce. 150.01 (9m) of the statutes is created to read:
AB1-SSA1-SA2,342,1616 150.01 (9m) "Critical access hospital" has the meaning given in s. 50.33 (1g).".
AB1-SSA1-SA2,342,17 17390. Page 172, line 25: after that line insert:
AB1-SSA1-SA2,342,19 18" Section 336p. Subchapter VI (title) of chapter 150 [precedes150.93] of the
19statutes is amended to read:
AB1-SSA1-SA2,342,2020 CHAPTER 150
AB1-SSA1-SA2,342,2121 SUBCHAPTER VI
AB1-SSA1-SA2,342,24 22MORATORIUM ON CONSTRUCTION
23 OF
HOSPITAL BEDS and ambulatory
24 surgery center limitations
AB1-SSA1-SA2, s. 336q
1Section 336q. 150.93 (1) of the statutes is renumbered 150.935 (1).
AB1-SSA1-SA2, s. 336r 2Section 336r. 150.93 (2) to (5) of the statutes are repealed.
AB1-SSA1-SA2, s. 336rd 3Section 336rd. 150.935 of the statutes is created to read:
AB1-SSA1-SA2,343,6 4150.935 Limitations on hospitals and ambulatory surgery centers. (2)
5As a condition of hospital approval under s. 50.35, no person may, by or on behalf of
6a hospital, do any of the following:
AB1-SSA1-SA2,343,97 (a) Increase, or obligate for a capital expenditure to increase, the number of
8approved beds of the hospital that are available on the effective date of this
9paragraph .... [revisor inserts date].
AB1-SSA1-SA2,343,1310 (b) Expand an existing service of the hospital, unless the primary purpose of
11the expanded service is to provide free or reduced-cost health or dental care to
12individuals who are determined by the department to be underserved or to have low
13income.
AB1-SSA1-SA2,343,1414 (c) Engage in construction, except for the purpose of any of the following:
AB1-SSA1-SA2,343,1615 1. Consolidation of hospitals, if the consolidation does not increase the number
16of available beds of the hospitals.
AB1-SSA1-SA2,343,1817 2. As a response to damage caused by a natural disaster, including an
18earthquake, or by a fire.
AB1-SSA1-SA2,343,2019 3. To eliminate a threat to the safety to patients, staff, or the general public that
20is due to a physical defect of the hospital.
AB1-SSA1-SA2,343,2321 (d) 1. Before January 1, 2003, engage in upgrading renovation, except for
22routine maintenance or maintenance to eliminate a threat to the safety of patients,
23staff, or the general public that is due to a physical defect of the hospital.
AB1-SSA1-SA2,344,424 2. If a hospital seeks an opinion from the department concerning whether a
25proposed project of the hospital violates subd. 1., the department shall issue the

1opinion. If the hospital, after completing the project, is found to be in violation of
2subd. 1., the violation does not affect the status of the hospital's approval under s.
350.35 unless the actual, completed project differs materially from the proposed
4project for which the department issued an opinion.
AB1-SSA1-SA2,344,6 5(3) As a condition of hospital approval under s. 50.35, a hospital shall do all of
6the following:
AB1-SSA1-SA2,344,107 (a) If the hospital is certified under s. 49.45 (2) (a) 11. as a provider of medical
8assistance or certified as a provider of services under medicare, as defined in s. 49.45
9(3) (L) 1. b., or if the hospital obtains this certification, accept as patients individuals
10who are medical assistance recipients or medicare beneficiaries.
AB1-SSA1-SA2,344,1711 (b) Operate a 24-hour emergency room or, for a hospital approved under s.
1250.35 as of the effective date of this paragraph .... [revisor inserts date], have in effect
13an agreement with another hospital with a 24-hour emergency room under which
14that other hospital consents to receive patients in need of emergency care that are
15transferred to it by the hospital that does not operate a 24-hour emergency room.
16This paragraph does not apply to a hospital that is an inpatient facility, as defined
17in s. 51.01 (10) or that is certified under s. 49.45 (2) (a) 11. as a rehabilitation hospital.
AB1-SSA1-SA2,344,19 18(4) No person may, by or on behalf of an ambulatory surgery center, do any of
19the following:
AB1-SSA1-SA2,344,2320 (a) Expand an existing service of the ambulatory surgery center unless the
21primary purpose of the new service is to provide free or reduced-cost health or dental
22care to individuals who are determined by the department to be underserved or to
23have low income.
AB1-SSA1-SA2,344,2424 (b) Engage in construction, except for the purposes of any of the following:
AB1-SSA1-SA2,345,2
11. As a response to damage caused by a natural disaster, including an
2earthquake, or by a fire.
AB1-SSA1-SA2,345,43 2. To eliminate a threat to the safety of patients, staff, or the general public that
4is due to a physical defect of the ambulatory surgery center.
AB1-SSA1-SA2,345,85 (c) 1. Before January 1, 2003, engage in upgrading renovation, except for
6routine maintenance or maintenance to eliminate a threat to the safety of patients,
7staff, or the general public that is due to a physical defect of the ambulatory surgery
8center.
AB1-SSA1-SA2,345,159 2. If an ambulatory surgery center seeks an opinion from the department
10concerning whether a proposed project of the ambulatory surgery center violates
11subd. 1., the department shall issue the opinion. If the opinion of the department is
12that the proposed project does not violate subd. 1., an ambulatory surgery center,
13after completing the project, may not be found to be in violation of subd. 1. unless the
14actual, completed project differs materially from the proposed project for which the
15department issued the opinion.
AB1-SSA1-SA2,345,20 16(5) If an ambulatory surgery center is certified under s. 49.45 (2) (a) 11. as a
17provider of medical assistance or certified as a provider of services under medicare,
18as defined in s. 49.45 (3) (L) 1. b., or if an ambulatory surgery center obtains this
19certification, the ambulatory surgery center shall accept as patients individuals who
20are medical assistance recipients or medicare beneficiaries.
AB1-SSA1-SA2,345,22 21(6) The department shall promulgate as a rule a definition of "upgrading
22renovation," for the purposes of subs. (2) (d) 1. and (4) (c) 1.
AB1-SSA1-SA2,346,2 23(7) The department may, under s. 50.35, revoke or suspend approval for a
24hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin Act

1.... (this act), section 9123 (5qr), after giving reasonable notice, a fair hearing, and,
2if appropriate as determined by the department, a reasonable opportunity to comply.
AB1-SSA1-SA2, s. 336rf 3Section 336rf. 150.935 (2) (d) 1. of the statutes, as created by 2001 Wisconsin
4Act .... (this act), is amended to read:
AB1-SSA1-SA2,346,85 150.935 (2) (d) 1. Before January 1, 2003, engage Engage in upgrading
6renovation, as defined by rule by the department, except for routine maintenance or
7maintenance to eliminate a threat to the safety of patients, staff, or the general
8public that is due to a physical defect of the hospital.".
AB1-SSA1-SA2, s. 336rh 9Section 336rh. 150.935 (4) (c) 1. of the statutes, as created by 2001 Wisconsin
10Act .... (this act), is amended to read:
AB1-SSA1-SA2,346,1411 150.935 (4) (c) 1. Before January 1, 2003, engage Engage in upgrading
12renovation, as defined by rule by the department, except for routine maintenance or
13maintenance to eliminate a threat to the safety of patients, staff, or the general
14public that is due to a physical defect of the ambulatory surgery center.
AB1-SSA1-SA2, s. 336rL 15Section 336rL. 150.935 (7) of the statutes, as created by 2001 Wisconsin Act
16.... (this act), is amended to read:
AB1-SSA1-SA2,346,2117 150.935 (7) The department may, under s. 50.35, revoke or suspend approval
18for a hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin
19Act .... (this act), section 9123 (5qr)
, after giving reasonable notice, a fair hearing,
20and, if appropriate as determined by the department, a reasonable opportunity to
21comply.".
AB1-SSA1-SA2,346,22 22391. Page 173, line 16: after that line insert:
AB1-SSA1-SA2,346,23 23" Section 388nc. 160.257 of the statutes is created to read:
AB1-SSA1-SA2,347,2
1160.257 Exceptions for aquifer storage and recovery systems. (1) In
2this section:
AB1-SSA1-SA2,347,43 (a) "Aquifer storage and recovery system" means all of the aquifer storage and
4recovery wells and related appurtenances that are part of a municipal water system.
AB1-SSA1-SA2,347,75 (b) "Aquifer storage and recovery well" means a well through which treated
6drinking water is placed underground for the purpose of storing and later recovering
7the water through the same well for use as drinking water.
AB1-SSA1-SA2,347,118 (c) "Municipal water system" means a community water system, as defined in
9s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district,
10utility district, public inland lake protection and rehabilitation district, or municipal
11water district, or by a privately owned water utility serving any of the foregoing.
AB1-SSA1-SA2,347,1212 (d) "Specified substance" means one of the following:
AB1-SSA1-SA2,347,1313 1. Chloroform.
AB1-SSA1-SA2,347,1414 2. Bromodichloromethane.
AB1-SSA1-SA2,347,1515 3. Dibromochloromethane.
AB1-SSA1-SA2,347,1616 4. Bromoform.
AB1-SSA1-SA2,347,1917 (e) "Treated drinking water" means potable water that has been treated so that
18it complies with the primary drinking water standards promulgated under ss. 280.11
19and 281.17 (8).
AB1-SSA1-SA2,348,2 20(2) Notwithstanding s. 160.19 (1) and (2), the department is not required to
21promulgate or amend rules that define design or management criteria for aquifer
22storage and recovery systems to minimize the amount of a specified substance in
23groundwater or to maintain compliance with the preventive action limit for a
24specified substance, however, the department shall promulgate rules that define
25design or management criteria for aquifer storage and recovery systems to maintain

1compliance with drinking water standards promulgated under ss. 280.11 and 281.17
2(8).
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