AB521: Bill Text

LRB-1882/1

TAY:jlg:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 521

October 12, 1999 - Introduced by Representatives Johnsrud, Underheim, Ainsworth, Albers, Boyle, Brandemuehl, Carpenter, Goetsch, Gunderson, Hahn, Handrick, Huber, Kedzie, Ladwig, La Fave, F. Lasee, Lassa, Meyer, Musser, Meyerhofer, Olsen, Ott, Pettis, Plouff, Seratti, Sherman, Skindrud, Spillner, Steinbrink, Sykora, Travis, Turner, Urban, Ward, Waukau, Wasserman and Powers, cosponsored by Senators Robson, Breske, Clausing, Erpenbach, Rosenzweig, Rude, Schultz, Wirch and Zien. Referred to Committee on Health.

AB521,1,7 An Act to renumber and amend 146.50 (8) (b); to amend 48.981 (2), 59.34 (2) (a), 59.34 (2) (b) 1., 59.35 (5), 66.11 (4), 108.05 (3) (a), 118.29 (1) (c), 146.37 (1) (a), 146.38 (1) (b), 146.50 (1) (d), 146.50 (1) (hm), 146.50 (2), 146.50 (8) (title), 146.50 (8) (a), 146.50 (8) (c), 146.50 (8) (d), 146.50 (8) (e), 146.50 (8) (f), 146.50 (11) (f), 146.50 (12) (a), 895.48 (1m) (intro.), 895.48 (1m) (b) and 941.37 (1) (c); and to create 146.50 (8) (b) 1. and 2. and 146.50 (8) (g) of the statutes; relating to: certification of first responders.

Analysis by the Legislative Reference Bureau

Under current law, the department of health and family services (DHFS) certifies first responders — defibrillation. Currently, the requirements for certification and recertification are established by DHFS by rule.

This bill eliminates the distinction between first responders — defibrillation and first responders generally. The bill establishes criteria for the certification and recertification of first responders, including completion of a first responder course that meets or exceeds the standards established by the National Highway Traffic Safety Board and that is approved by DHFS. Finally, the bill provides the same privileges and responsibilities for first responders that currently exist for emergency medical technicians — basic.

For further information see the state and local 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:

AB521, s. 1 Section 1. 48.981 (2) of the statutes is amended to read:

AB521,3,2 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

AB521, s. 2 Section 2. 59.34 (2) (a) of the statutes is amended to read:

AB521,3,6 59.34 (2) (a) Notwithstanding s. 979.04 (3) and except as provided in par. (b), any person holding office under sub. (1) may also serve as a volunteer emergency medical technician, first responder or volunteer fire fighter.

AB521, s. 3 Section 3. 59.34 (2) (b) 1. of the statutes is amended to read:

AB521,3,20 59.34 (2) (b) 1. No person serving as a coroner under sub. (1) who also serves as a volunteer emergency medical technician, volunteer first responder or a volunteer fire fighter may participate as a coroner in any case in which he or she may be required to participate as a volunteer emergency medical technician , volunteer first responder or a volunteer fire fighter. If an apparent or actual conflict of interest arises between the person's duties as coroner and as volunteer emergency medical technician, volunteer first responder or volunteer fire fighter, the deputy coroner shall act as coroner in the case in which the conflict exists. If there is no deputy coroner, the coroner shall request that the coroner, medical examiner, deputy coroner or a medical examiner's assistant in a nearby county act as coroner in the case in which the conflict exists. Any fees owed to or expenses incurred by the acting coroner from the nearby county shall be paid by the county that requested the acting coroner's services.

AB521, s. 4 Section 4. 59.35 (5) of the statutes is amended to read:

AB521,3,24 59.35 (5) A person holding office under this section may also serve as a volunteer emergency medical technician, a volunteer first responder, a volunteer fire fighter or a chief, deputy chief or assistant chief of a fire department.

AB521, s. 5 Section 5. 66.11 (4) of the statutes is amended to read:

AB521,4,4 66.11 (4) Compatible offices and positions. A volunteer fire fighter or, emergency medical technician or first responder in a city, village or town whose annual compensation, including fringe benefits, does not exceed $2,500 may also hold an elected office in that city, village or town.

AB521, s. 6 Section 6. 108.05 (3) (a) of the statutes is amended to read:

AB521,4,19 108.05 (3) (a) Except as provided in par. (b), if an eligible employe earns wages in a given week, the first $30 of the wages shall be disregarded and the employe's applicable weekly benefit payment shall be reduced by 67% of the remaining amount, except that no such employe is eligible for benefits if the employe'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 which is treated as wages under s. 108.04 (1) (a), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter or, volunteer emergency medical technician or volunteer first responder. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employes and employers.

AB521, s. 7 Section 7. 118.29 (1) (c) of the statutes is amended to read:

AB521,4,24 118.29 (1) (c) "Health care professional" means a person licensed as an emergency medical technician under s. 146.50, a person certified as a first responder under s. 146.50 (8) or any person licensed, certified, permitted or registered under chs. 441 or 446 to 449.

AB521, s. 8 Section 8. 146.37 (1) (a) of the statutes is amended to read:

AB521,5,3 146.37 (1) (a) "Health care provider" includes an ambulance service provider, as defined in s. 146.50 (1) (c), and an emergency medical technician, as defined in s. 146.50 (1) (e), and a first responder, as defined in s. 146.50 (1) (hm).

AB521, s. 9 Section 9. 146.38 (1) (b) of the statutes is amended to read:

AB521,5,7 146.38 (1) (b) "Health care provider" includes an ambulance service provider, as defined in s. 146.50 (1) (c), and an emergency medical technician, as defined in s. 146.50 (1) (e), and a first responder, as defined in s. 146.50 (1) (hm).

AB521, s. 10 Section 10. 146.50 (1) (d) of the statutes is amended to read:

AB521,5,14 146.50 (1) (d) "Basic life support" means emergency medical care that is rendered to a sick, disabled or injured individual, based on signs, symptoms or complaints, prior to the individual's hospitalization or while transporting the individual between health care facilities and that is limited to use of the knowledge, skills and techniques received from training required for licensure as an emergency medical technician - basic, or for certification as a first responder.

AB521, s. 11 Section 11. 146.50 (1) (hm) of the statutes is amended to read:

AB521,5,18 146.50 (1) (hm) "First responder - defibrillation responder" means an individual who is certified by the department as a first responder - defibrillation responder under sub. (8).

AB521, s. 12 Section 12. 146.50 (2) of the statutes is amended to read:

AB521,6,2 146.50 (2) License or certificate required. No person may act as or advertise for the provision of services as an ambulance service provider unless the person holds an ambulance service provider license issued under this section. No individual may act as or advertise for the provision of services as an emergency medical technician unless he or she holds an emergency medical technician license or training permit issued under sub. (5). No individual may act as or advertise for the provision of services as a first responder - defibrillation responder unless he or she holds a first responder - defibrillation responder certificate issued under sub. (8).

AB521, s. 13 Section 13. 146.50 (8) (title) of the statutes is amended to read:

AB521,6,5 146.50 (8) (title) Certification of first responders - defibrillation responders.

AB521, s. 14 Section 14. 146.50 (8) (a) of the statutes is amended to read:

AB521,6,8 146.50 (8) (a) Except as provided in ss. 146.51 and 146.52, the department shall certify qualified applicants as first responders - defibrillation responders.

AB521, s. 15 Section 15. 146.50 (8) (b) of the statutes is renumbered 146.50 (8) (b) (intro.) and amended to read:

AB521,6,13 146.50 (8) (b) (intro.) To be eligible for initial certification as a first responder - defibrillation responder, except as provided in ss. 146.51 and 146.52, an individual shall meet all of the following requirements specified in rules promulgated:

AB521,6,16 3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (5) and that is approved by the department.

AB521, s. 16 Section 16. 146.50 (8) (b) 1. and 2. of the statutes are created to read:

AB521,6,20 146.50 (8) (b) 1. The individual is 18 years of age or older and capable of performing the actions authorized under par. (e), or in rules promulgated under par. (e), for a first responder.

AB521,6,22 2. Subject to ss. 111.321, 111.322 and 111.335, the individual does not have an arrest or conviction record.

AB521, s. 17 Section 17. 146.50 (8) (c) of the statutes is amended to read:

AB521,7,4 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder - defibrillation responder, except as provided in ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (5) and that is approved by the department.

AB521, s. 18 Section 18. 146.50 (8) (d) of the statutes is amended to read: