AB483: Bill Text

State agency status for certain physicians

Under current law, for a person with status as a state agent of the Department of Health and Family Services (DHFS), the attorney general may, if requested by the secretary of health and family services, appear and defend the person in any civil action or other matter brought before a court as the result of an act committed in the lawful course of the agent's duties. In addition, a civil action or civil proceeding against a state agent for medical malpractice allegedly committed in the course of the discharge of the agent's duties may not be brought unless the claimant serves on the attorney general written notice within 180 days after discovery of the injury or the date on which, in the exercise of reasonable diligence, the injury should have been discovered. Lastly, total judgments may not exceed $250,000 and may not include punitive damages; judgments in excess of any insurance coverage applicable to the state agent defendant must be paid by the state; and a governmental unit need not provide or pay for legal representation if applicable insurance coverage provides the representation.

This bill accords physicians, who are not employees of a local health department but who provide services, without compensation, for those programs and services provided by a local health department that require medical oversight, status as state agents of DHFS for the provision of the services that the physicians provide for the local health department.

Community health improvement plans

Currently, local health departments must, among other things, involve policymakers and the public in determining a set of priority public health services and assure access to these services to every member of the community.

This bill modifies this requirement to require the local health department to involve policymakers and the public in development of a community health improvement plan that includes actions to implement certain services and functions.

Other

The bill creates a new chapter of the statutes and renumbers numerous public health provisions relating to emergency medical services into this chapter. The bill renumbers provisions concerning minority health and cooperative American Indian health services into the statutory chapter relating to administration and supervision of health; and renumbers provisions concerning the statewide poison control system and the reporting of wounds and burn injuries into the statutory chapter relating to chronic disease and injuries.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the 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:

AB483, s. 1 Section 1. 16.25 (1) (am) of the statutes is amended to read:

AB483,6,2 16.25 (1) (am) "First responder" means an individual certified under s. 146.50 (8) 256.15 (8) (a).

AB483, s. 2 Section 2. 20.155 (3) (q) of the statutes is amended to read:

AB483,6,7 20.155 (3) (q) General program operations and grants. From the wireless 911 fund, all moneys received under s. 146.70 256.35 (3m) (f) 1. to administer and make grants under s. 146.70 256.35 (3m) (d) and supplemental grants under s. 146.70 256.35 (3m) (e).

AB483, s. 3 Section 3. 20.435 (1) (gm) of the statutes is amended to read:

AB483,6,18 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2), and 256.15 (8) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f) and (8) (d), 250.04 (3m), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) (b), and 256.15 (5) (f) and (8) (d) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account.

AB483, s. 4 Section 4. 20.435 (5) (ch) of the statutes is amended to read:

AB483,6,24 20.435 (5) (ch) Emergency medical services; aids. The amounts in the schedule for emergency medical technician — basic training and examination aid under s. 146.55 256.12 (5) and for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel under s. 146.55 256.12 (4).

AB483, s. 5 Section 5. 20.435 (5) (ds) of the statutes is amended to read:

AB483,7,3 20.435 (5) (ds) Statewide poison control program. The amounts in the schedule to supplement the operation of a statewide poison control program under s. 146.57 255.35 (3) and for the statewide collection and reporting of poison control data.

AB483, s. 6 Section 6. 20.435 (5) (kb) of the statutes is amended to read:

AB483,7,10 20.435 (5) (kb) Minority health. The amounts in the schedule for the minority health program under s. 146.185 250.20 (3) and (4). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6e. shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB483, s. 7 Section 7. 20.435 (5) (ke) of the statutes is amended to read:

AB483,7,17 20.435 (5) (ke) Cooperative American Indian health projects. The amounts in the schedule for grants for cooperative American Indian health projects under s. 146.19 250.20 (5). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 18b. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB483, s. 8 Section 8. 21.72 (1) (a) 4. of the statutes is amended to read:

AB483,7,25 21.72 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 146.50 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

AB483, s. 9 Section 9. 25.98 of the statutes is amended to read:

AB483,8,4 25.98 Wireless 911 fund. There is established a separate nonlapsible trust fund designated as the wireless 911 fund, consisting of deposits by the public service commission under s. 146.70 256.35 (3m) (f) 1.

AB483, s. 10 Section 10. 36.27 (3m) (a) 1g. of the statutes is amended to read:

AB483,8,7 36.27 (3m) (a) 1g. "Emergency medical services technician" means an individual under s. 146.50 (1) (e), (f), (g), (h) or (hm) 256.01 (5) or (9).

AB483, s. 11 Section 11. 38.04 (9) of the statutes is amended to read:

AB483,8,17 38.04 (9) Training programs for fire fighters. In order to promote safety to life and property, the board may establish and supervise training programs in fire prevention and protection. The programs shall include training in responding to acts of terrorism, as defined in s. 146.50 256.15 (1) (ag), and shall be available to members of volunteer and paid fire departments maintained by public and private agencies, including industrial plants. No training program required for participation in structural fire fighting that is offered to members of volunteer and paid fire departments maintained by public agencies may require more than 60 hours of training.

AB483, s. 12 Section 12. 38.24 (5) (a) 1j. of the statutes is amended to read:

AB483,8,20 38.24 (5) (a) 1j. "Emergency medical services technician" means an individual under s. 146.50 (1) (e), (f), (g), (h) or (hm) 256.01 (5) or (9).

AB483, s. 13 Section 13. 48.685 (1) (ag) 2. of the statutes is amended to read:

AB483,9,2 48.685 (1) (ag) 2. "Caregiver" does not include a person who is certified as an emergency medical technician under s. 146.50 256.15 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under s. 146.50 256.15 if the person is employed, or seeking employment, as a first responder.

AB483, s. 14 Section 14. 49.857 (1) (d) 4. of the statutes is amended to read:

AB483,9,8 49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or, 255.08 (2), or 256.15 (5) (a) or (b), (6g) (a), or (8) (a).

AB483, s. 15 Section 15. 50.065 (1) (ag) 2. of the statutes is amended to read:

AB483,9,14 50.065 (1) (ag) 2. "Caregiver" does not include a person who is certified as an emergency medical technician under s. 146.50 256.15 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under s. 146.50 256.15 if the person is employed, or seeking employment, as a first responder.

AB483, s. 16 Section 16. 66.0314 (1) (b) of the statutes is amended to read:

AB483,9,17 66.0314 (1) (b) "Emergency medical services program" means a program established under s. 146.55 256.12.

AB483, s. 17 Section 17. 66.0608 (1) (a) of the statutes is amended to read:

AB483,9,20 66.0608 (1) (a) "Emergency medical technician" has the meaning given in s. 146.50 (1) (e) 256.01 (5).

AB483, s. 18 Section 18. 66.0608 (1) (d) of the statutes is amended to read:

AB483,9,23 66.0608 (1) (d) "First responder" has the meaning given in s. 146.53 (1) (d) 256.01 (9).

AB483, s. 19 Section 19. 73.0301 (1) (d) 3. of the statutes is amended to read:

AB483,10,7 73.0301 (1) (d) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3) or (3m), 146.50 (5) (a) or (b), (6g) (a), (7) or (8) (a) or (f), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

AB483, s. 20 Section 20. 77.51 (4) (b) 8. of the statutes is amended to read:

AB483,10,11 77.51 (4) (b) 8. The surcharge established in rules of the public service commission under s. 146.70 256.35 (3m) (f) for customers of wireless providers, as defined in s. 146.70 256.35 (3m) (a) 6.

AB483, s. 21 Section 21. 77.51 (15) (b) 7. of the statutes is amended to read:

AB483,10,15 77.51 (15) (b) 7. The surcharge established in rules of the public service commission under s. 146.70 256.35 (3m) (f) for customers of wireless providers, as defined in s. 146.70 256.35 (3m) (a) 6.

AB483, s. 22 Section 22. 77.54 (37) of the statutes is amended to read:

AB483,10,18 77.54 (37) The gross receipts from revenues collected under s. 146.70 256.35 (3).

AB483, s. 23 Section 23. 85.12 (2) of the statutes is amended to read:

AB483,10,23 85.12 (2) The department shall maintain any existing communications equipment at state patrol towers and stations that is used by emergency medical services programs under s. 146.55 256.12 unless the cost of maintaining the equipment exceeds the benefits that will result from such maintenance.

AB483, s. 24 Section 24. 85.32 of the statutes is amended to read:

AB483,11,4 85.32 Statewide trauma care system transfer. Beginning July 1, 2000, and annually thereafter, the secretary shall transfer $80,000 from the appropriation under s. 20.395 (5) (dq) to the appropriation under s. 20.435 (1) (kx) for the purposes of the statewide trauma care system under s. 146.56 256.25.

AB483, s. 25 Section 25. 102.07 (7) (b) of the statutes is amended to read:

AB483,11,11 102.07 (7) (b) The department may issue an order under s. 102.31 (1) (b) permitting the county within which a volunteer fire company or fire department organized under ch. 213, a legally organized rescue squad, an ambulance service provider, as defined in s. 146.50 (1) (c) 256.01 (3), or a legally organized diving team is organized to assume full liability for the compensation provided under this chapter of all volunteer members of that company, department, squad, provider or team.

AB483, s. 26 Section 26. 118.29 (1) (c) of the statutes is amended to read:

AB483,11,16 118.29 (1) (c) "Health care professional" means a person licensed as an emergency medical technician under s. 146.50 256.15, a person certified as a first responder under s. 146.50 256.15 (8) or any person licensed, certified, permitted or registered under chs. 441 or 446 to 449.

AB483, s. 27 Section 27. 146.185 (title) of the statutes is repealed.

AB483, s. 28 Section 28. 146.185 (1) (intro.) of the statutes is repealed.

AB483, s. 29 Section 29. 146.185 (1) (a) to (e) of the statutes are renumbered 250.20 (1) (a) to (e).

AB483, s. 30 Section 30. 146.185 (1) (f) of the statutes is renumbered 250.20 (1) (g).

AB483, s. 31 Section 31. 146.185 (1) (g) of the statutes is renumbered 250.20 (1) (h).

AB483, s. 32 Section 32. 146.185 (1) (h) of the statutes is renumbered 250.20 (1) (j).

AB483, s. 33 Section 33. 146.185 (1) (i) of the statutes is renumbered 250.20 (1) (k).

AB483, s. 34 Section 34. 146.185 (2) to (4) of the statutes are renumbered 250.20 (2) to (4).

AB483, s. 35 Section 35. 146.19 (title) of the statutes is repealed.

AB483, s. 36 Section 36. 146.19 (1) (intro.) of the statutes is renumbered 250.20 (1) (intro.).

AB483, s. 37 Section 37. 146.19 (1) (a) of the statutes is renumbered 250.20 (1) (f).

AB483, s. 38 Section 38. 146.19 (1) (b) of the statutes is renumbered 250.20 (1) (i).

AB483, s. 39 Section 39. 146.19 (1) (c) of the statutes is renumbered 250.20 (1) (L).

AB483, s. 40 Section 40. 146.19 (1) (d) of the statutes is renumbered 250.20 (1) (m).

AB483, s. 41 Section 41. 146.19 (2) of the statutes is renumbered 250.20 (5).

AB483, s. 42 Section 42. 146.19 (4) of the statutes is renumbered 250.20 (6) and amended to read:

AB483,12,13 250.20 (6) Limitation; matching funds. A grant awarded under sub. (2) (5) may not exceed 50% of the cost of the cooperative American Indian health project. Participants in a funded project, as specified in sub. (2) (5) (a), may use in-kind contributions to provide part or all of the required match.

AB483, s. 43 Section 43. 146.301 of the statutes is renumbered 256.30.

AB483, s. 44 Section 44. 146.37 (1) (a) of the statutes is amended to read:

AB483,12,19 146.37 (1) (a) "Health care provider" includes an ambulance service provider, as defined in s. 146.50 (1) (c) 256.01 (3), and an emergency medical technician, as defined in s. 146.50 (1) (e) 256.01 (5), and a first responder, as defined in s. 146.50 (1) (hm) 256.01 (9).

AB483, s. 45 Section 45. 146.37 (1) (b) of the statutes is amended to read:

AB483,12,22 146.37 (1) (b) "Medical director" has the meaning specified in s. 146.50 (1) (j) 256.01 (11).

AB483, s. 46 Section 46. 146.37 (1g) of the statutes is amended to read:

AB483,13,13 146.37 (1g) Except as provided in s. 153.85, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting or revoking hospital staff privileges or notifying the medical examining board or podiatrists affiliated credentialing board under s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director, as defined in s. 146.50 (1) (j), in reviewing the performance of emergency medical technicians or ambulance service providers.