Amendment ASA2-AB262

LRBs0106/1

TKK/GMM/RLR:kjf:rs

2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2007 ASSEMBLY BILL 262

June 18, 2007 - Offered by Committee on Homeland Security and State Preparedness.

AB262-ASA2,2,2 An Act to renumber 49.45 (3) (m) and 440.01 (1) (a); to renumber and amend 48.67, 440.983 (2), 446.02 (2) (b), 447.04 (1) (b) and 447.04 (2) (b); to amend 100.178 (2) (a) and (b), 446.02 (1) (b), 446.02 (3g) (b), 446.02 (3r), 447.05, 448.953 (2) (intro.), 448.953 (2) (b), 448.953 (3) (a), 448.953 (4) (a) and 460.05 (3) (intro.); and to create 46.03 (38), 48.67 (3), 49.45 (3) (m) 2., 50.36 (5), 146.50 (9m), 254.47 (6), 440.01 (1) (ad), 440.01 (1) (ag), 440.01 (1) (i), 440.982 (1m) (d), 440.983 (2) (b), 446.02 (2) (b) 3., 447.04 (1) (a) 5m., 447.04 (1) (b) 2., 447.04 (1) (c) 1. d., 447.04 (2) (a) 5m., 447.04 (2) (b) 2., 448.9525 (1) (e), 448.953 (1) (i), 448.955 (2) (d), 460.04 (2) (e), 460.05 (1) (i) and 460.07 (2) (d) of the statutes; relating to: requirements to have current proficiency in the use of an automated external defibrillator, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current statutes and administrative rules, the following persons are required to successfully complete instruction in cardiopulmonary resuscitation: emergency medical technicians; first responders; instructors of emergency medical technicians or first responders; hospital medical and nursing personnel who provide emergency services; day care center, group home, and shelter care facility staff who provide care for children; chiropractors; dental hygienists; dentists; licensed midwives; lifeguards; health services staff at camps; fitness center employees; athletic trainers; specialized motor vehicle drivers and attendants; and massage therapists and bodyworkers. Beginning May 1, 2007, licensed midwives were required to be certified in cardiopulmonary resuscitation.

This substitute amendment requires these persons to have current proficiency in the use of automated external defibrillators. The substitute amendment requires chiropractors, dental hygienists, dentists, licensed midwives, athletic trainers, and massage therapists and bodyworkers to complete instruction in the use of an automated external defibrillator in order to obtain licensure or certification and the renewal of a license or certificate. This substitute amendment also requires the Department of Health and Family Services (DHFS) to approve individuals, organizations, and institutions of higher education to provide the instruction.

Current administrative rules require a residential care center for children and youth operated by a child welfare agency to have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has successfully completed instruction in cardiopulmonary resuscitation and require a shelter care facility to have readily available on the premises of the shelter care facility a staff member or other person who has successfully completed such instruction. This substitute amendment requires DHFS to promulgate administrative rules requiring a residential care center for children and youth to have in each building housing residents when residents are present at least one staff member who has current proficiency in the use of automated external defibrillators and requiring shelter care facilities to have readily available on the premises a staff member or other person who has that proficiency.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB262-ASA2, s. 1 Section 1. 46.03 (38) of the statutes is created to read:

AB262-ASA2,3,5 46.03 (38) Automatic external defibrillator instruction. Approve individuals, organizations, or institutions of higher education to provide instruction in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), for persons who are required as a condition of licensure, certification, or registration to have current proficiency in the use of an automatic external defibrillator.

AB262-ASA2, s. 2 Section 2. 48.67 of the statutes is renumbered 48.67 (intro.) and amended to read:

AB262-ASA2,3,20 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. In establishing the minimum requirements for the issuance of licenses to day care centers, the department Those rules shall include a requirement that rules that require all of the following:

AB262-ASA2,4,2 (1) That all day care center licensees who are individuals, and all employees and volunteers of a licensee day care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the licensee, employee, or volunteer provides care and supervision for children under one year of age, and the.

AB262-ASA2,4,8 (2) That all day care center licensees, and all employees and volunteers of a day care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4), if the licensee, employee, or volunteer provides care and supervision for children under 5 years of age.

AB262-ASA2, s. 3 Section 3. 48.67 (3) of the statutes is created to read:

AB262-ASA2,4,14 48.67 (3) (a) That all day care center licensees, and all employees of a day care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (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.

AB262-ASA2,4,19 (b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (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.

AB262-ASA2,5,2 (c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (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 and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.

AB262-ASA2,5,9 (d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (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.

AB262-ASA2, s. 4 Section 4. 49.45 (3) (m) of the statutes is renumbered 49.45 (3) (m) 1.

AB262-ASA2, s. 5 Section 5. 49.45 (3) (m) 2. of the statutes is created to read:

AB262-ASA2,5,18 49.45 (3) (m) 2. A person who is certified to provide transportation by specialized medical vehicle under sub. (2) (a) 11. shall ensure that every person who drives or serves as an attendant to passengers on a specialized medical vehicle, before driving or serving as an attendant, has current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (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.

AB262-ASA2, s. 6 Section 6. 50.36 (5) of the statutes is created to read:

AB262-ASA2,5,24 50.36 (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. 146.50 (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.

AB262-ASA2, s. 7 Section 7. 100.178 (2) (a) and (b) of the statutes are amended to read:

AB262-ASA2,6,9 100.178 (2) (a) At all times during which the fitness center is open and its facilities and services are available for use, have at least one employee present on the premises of the fitness center at least one employee who has satisfactorily completed a course or courses in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and at least one employee who has current proficiency in the use of an automated external defibrillator 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.

AB262-ASA2,6,16 (b) Ensure that each of its employees, within 90 days after hire, satisfactorily completes at least one course in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and has current proficiency in the use of an automated external defibrillator 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.

AB262-ASA2, s. 8 Section 8. 146.50 (9m) of the statutes is created to read:

AB262-ASA2,6,25 146.50 (9m) Defibrillation training. The department shall promulgate rules requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders to successfully complete training on the use of an automated external defibrillator. The rules shall specify the content of the training, qualifications for providers of the training, and the frequency with which emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders must complete the training.

AB262-ASA2, s. 9 Section 9. 254.47 (6) of the statutes is created to read:

AB262-ASA2,7,8 254.47 (6) Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s. 146.50 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s. 46.03 (38) to provide such instruction.

AB262-ASA2, s. 10 Section 10. 440.01 (1) (a) of the statutes is renumbered 440.01 (1) (aj).

AB262-ASA2, s. 11 Section 11. 440.01 (1) (ad) of the statutes is created to read:

AB262-ASA2,7,12 440.01 (1) (ad) "Automated external defibrillator" means a defibrillator device to which all of the following apply:

AB262-ASA2,7,14 1. It is approved for commercial distribution by the federal food and drug administration.

AB262-ASA2,7,17 2. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.

AB262-ASA2,7,20 3. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.

AB262-ASA2, s. 12 Section 12. 440.01 (1) (ag) of the statutes is created to read:

AB262-ASA2,7,24 440.01 (1) (ag) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.

AB262-ASA2, s. 13 Section 13. 440.01 (1) (i) of the statutes is created to read:

AB262-ASA2,8,3 440.01 (1) (i) "Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.

AB262-ASA2, s. 14 Section 14. 440.982 (1m) (d) of the statutes is created to read:

AB262-ASA2,8,9 440.982 (1m) (d) The person submits evidence satisfactory to the department that the person has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB262-ASA2, s. 15 Section 15. 440.983 (2) of the statutes, as created by 2005 Wisconsin Act 292, is renumbered 440.983 (2) (intro.) and amended to read:

AB262-ASA2,8,14 440.983 (2) (intro.) A licensed midwife shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department that he of all of the following:

AB262-ASA2,8,18 (a) He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.