146.55(1)(f)
(f) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
146.55(2)
(2) Emergency medical services programs. 146.55(2)(a)(a) Any county, city, town, village, hospital or combination thereof may, after submission of a plan approved by the department, conduct an emergency medical services program using emergency medical technicians—paramedics for the delivery of emergency medical care to sick, disabled or injured individuals at the scene of an emergency and during transport to a hospital, while in the hospital emergency department until responsibility for care is assumed by the regular hospital staff, and during transfer of a patient between health care facilities. An ambulance service provider may, after submission of a plan approved by the department, conduct an emergency medical services program using emergency medical technicians—paramedics for the delivery of emergency medical care to sick, disabled or injured individuals during transfer of the individuals between health care facilities. Nothing in this section shall be construed to prohibit the operation of fire department, police department, for-profit ambulance service provider or other emergency vehicles using the services of emergency medical technicians—paramedics in conjunction with a program approved by the department. Hospitals that offer approved training courses for emergency medical technicians—paramedics should, if feasible, serve as the base of operation for approved programs using emergency medical technicians—paramedics.
146.55(2)(b)
(b) The department shall review and, if the department determines that the plans are satisfactory, approve the plans submitted under
par. (a). The department shall:
146.55(2)(b)1.
1. Provide administrative support and technical assistance to emergency medical services programs that use emergency medical technicians or ambulance service providers.
146.55(2)(b)2.
2. Coordinate the activities of agencies and organizations providing training for the delivery of emergency medical services.
146.55(2)(b)3.
3. Assist the development of training for emergency medical technicians.
146.55(2)(b)4.
4. Assess the emergency medical resources and services of the state and encourage the allocation of resources to areas of identified need.
146.55(2)(b)5.
5. Assist hospitals in planning for appropriate and efficient handling of the critically ill and injured.
146.55(2m)
(2m) State medical director for emergency medical services program. 146.55(2m)(a)(a) From the funding under the preventive health services project grant program under
42 USC 2476 under the appropriation under
s. 20.435 (1) (mc), the department shall expend $25,000 in each fiscal year to contract for the services of one physician to direct the state emergency medical services program.
146.55(2m)(b)
(b) The physician under
par. (a) shall be called the state medical director for the emergency medical services program, shall have at least 3 years of experience in the conduct and delivery of prehospital emergency medical services as a physician practicing emergency or prehospital medicine in a hospital or agency and shall have actively participated in and had major responsibility for the development, management, execution and coordination of programs, policies and procedures in the delivery of emergency medical services.
146.55(4)
(4) Support and improvement of ambulance services. 146.55(4)(a)(a) From the appropriation under
s. 20.435 (1) (rm), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under
s. 146.50 (5).
146.55(4)(b)
(b) If a public agency has contracted for ambulance service with an ambulance service provider that operates for profit, the department shall distribute funds under
par. (a) to the public agency.
146.55(4)(c)
(c) Funds distributed under
par. (a) or
(b) shall supplement existing, budgeted moneys of or provided to an ambulance service provider and may not be used to replace, decrease or release for alternative purposes the existing, budgeted moneys of or provided to the ambulance service provider. In order to ensure compliance with this paragraph, the department shall require, as a condition of relicensure, a financial report of expenditures under this subsection from an ambulance service provider and may require a financial report of expenditures under this subsection from an owner or operator of an ambulance service or a public agency, volunteer fire department or a nonprofit corporation with which an ambulance service provider has contracted to provide ambulance services.
146.55(5)
(5) Emergency medical technician training and examination aid. From the appropriation under
s. 20.435 (1) (rm), the department shall annually distribute funds to entities, including technical college districts, whose courses or instructional programs are approved by the department under
s. 146.50 (9), to assist the entities in providing the training required for licensure and renewal of licensure as an emergency medical technician—basic under
s. 146.50 (6), and to fund each examination administered by the entity for licensure or renewal of licensure as an emergency medical technician—basic under
s. 146.50 (6) (a) 3. and
(b) 1.
146.55(6)(b)
(b) Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in all proceedings, institute an action in the name of the state against any person to restrain or prevent the establishment, management or operation of any emergency medical services program that is not approved under
sub. (2) (a) or that is in violation of this section or a rule promulgated under this section.
146.55(7)
(7) Insurance. A physician who participates in an emergency medical services program under this section or as required under
s. 146.50 shall purchase health care liability insurance in compliance with
subch. III of ch. 655, except for those acts or omissions of a physician who, as a medical director, reviews the performance of emergency medical technicians or ambulance service providers, as specified under
s. 146.37 (1g).
146.55(8)
(8) Exception to treatment. This section and the rules promulgated under this section may not be construed to authorize the provision of services or treatment to any individual who objects for reasons of religion to the treatment or services, but may be construed to authorize the transportation of such an individual to a facility of the individual's choice within the jurisdiction of the emergency medical service.
146.57
146.57
Statewide poison control program. 146.57(3)(a)(a) The department shall implement a statewide poison control program. From the appropriation under
s. 20.435 (1) (ds), the department shall, if the requirement under
par. (b) is met, distribute total funding of not more than $187,500 in each fiscal year to supplement the operation of the program and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.
146.57(3)(b)
(b) No poison control center may receive funds under
par. (a) unless the poison control center provides a matching contribution of at least 50% of the state funding for the center. Private funds and in-kind contributions may be used to meet this requirement.
146.57(4)
(4) Rule making. The department shall promulgate rules that specify the information that shall be reported to the department under the statewide poison control program.
146.57 History
History: 1993 a. 16;
1995 a. 27.
146.58
146.58
Emergency medical services board. The emergency medical services board shall do all of the following:
146.58(1)
(1) Appoint an advisory committee of physicians with expertise in the emergency medical services area to advise the department on the criteria for selection of the state medical director for emergency medical services and on the performance of the director and to advise the director on appropriate medical issues.
146.58(4)
(4) Periodically review all emergency medical services statutes and rules for surface, water and air transportation and recommend to the department and the department of transportation changes in those statutes and rules to provide different personnel and equipment requirements, where appropriate, for emergency response, nonemergency response and interfacility transportation of patients.
146.58(5)
(5) Seek involvement in its deliberations by appropriate personnel from the department, the technical college system board and the department of transportation.
146.58(6)
(6) Seek involvement in its deliberations by ambulance service provider personnel, emergency medical technicians, first responders, persons who train emergency medical services personnel and other interested persons.
146.58(7)
(7) Advise, make recommendations to and consult with the department concerning the funding under
s. 146.55 (4) and
(5).
146.58 History
History: 1993 a. 16 ss.
2578f,
2578g,
2578p;
1995 a. 225.
146.59
146.59
University of Wisconsin Hospitals and Clinics Board. 146.59(1)(a)
(a) "Authority" means the University of Wisconsin Hospitals and Clinics Authority.
146.59(1)(b)
(b) "Board" means the University of Wisconsin Hospitals and Clinics Board.
146.59(2)(b)
(b) If a contractual services agreement is terminated under
s. 233.04 (4m) (b), the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority or the board of regents of the University of Wisconsin System under
s. 233.04 (4m) (b).
146.59(3)(a)(a) Any contractual services agreement under
sub. (2) may include a provision that authorizes the authority to perform specified duties for the board with respect to employes of the board. This authorization may include duties related to supervising employes, taking disciplinary action or recommending new hires or layoffs, or with respect to collective bargaining, claims, complaints, or benefits and records administration.
146.59(3)(b)
(b) Any authorization under
par. (a) shall comply with all applicable provisions of
subch. V of ch. 111 and
ch. 230, any delegation of authority by the department of employment relations to the board, and any collective bargaining agreement with respect to employes of the board.
146.59 History
History: 1995 a. 27,
216.
146.60
146.60
Notice of release of genetically engineered organisms into the environment. 146.60(1)(a)
(a) "Confidential information" means information entitled to confidential treatment under
sub. (6) (a) 1. or
2.
146.60(1)(b)
(b) "Coordinated framework" means the coordinated framework for regulation of biotechnology set forth in 51 Fed. Reg. 23302 to 23350 (June 26, 1986), as amended by 52 Fed. Reg. 22892 to 22915 (June 16, 1987), and subsequent amendments to the coordinated framework for regulation of biotechnology.
146.60(1)(c)
(c) "Departments" means the department of agriculture, trade and consumer protection and the department of natural resources.
146.60(1)(d)
(d) "Federal regulator" means a federal agency or a designee of a federal agency which is responsible for regulating a release into the environment under the coordinated framework.
146.60(1)(e)
(e) "Regulated release" means a release into the environment for which the coordinated framework requires that the person proposing to commence the release into the environment do any of the following:
146.60(1)(e)1.
1. Notify a federal regulator of the release into the environment.
146.60(1)(e)2.
2. Secure the approval of or a permit or license from a federal regulator as a condition of commencing the release into the environment.
146.60(1)(e)3.
3. Secure a determination by a federal regulator of the need for notification, approval, licensing or permitting by the federal regulator, if the determination is part of a procedure specified in the coordinated framework.
146.60(1)(f)
(f) "Release into the environment" means the introduction or use in this state of an organism or pathogen anywhere except within an indoor facility which is designed to physically contain the organism or pathogen, including a laboratory, greenhouse, growth chamber or fermenter.
146.60(1)(g)
(g) "Reviewing department" means the department designated in
sub. (2) to review a regulated release.
146.60(2)(a)(a) The department of natural resources shall be the reviewing department for any regulated release subject to
15 USC 2601 to
2629.
146.60(2)(b)
(b) The department of agriculture, trade and consumer protection shall be the reviewing department for any regulated release subject to any federal requirement in the coordinated framework, except a requirement under
15 USC 2601 to
2629.
146.60(2)(c)
(c) If a regulated release is subject to
15 USC 2601 to
2629 and to any other federal requirement in the coordinated framework, both departments shall be reviewing departments and shall enter into a memorandum of understanding designating one of them to be the lead reviewing department.
146.60(3)(a)(a) Except as provided under
sub. (7), no person may commence a regulated release unless the person provides to the reviewing department for that regulated release all of the following information within 7 days after the person submits or should have submitted the information specified in
subd. 1. to a federal regulator, whichever is sooner:
146.60(3)(a)1.
1. A copy of all information which the person is required to submit to the federal regulator and which is not confidential information.
146.60(3)(a)2.
2. A summary of any confidential information which the person submits or is required to submit to a federal regulator. The summary shall be sufficient enough to enable the reviewing department to prepare the comment authorized under
sub. (4) and to provide information to the public and shall have minimal extraneous and irrelevant information.
146.60(3)(b)
(b) A reviewing department may request that a person submit to it part or all of any of the confidential information that is the subject of the summary submitted to that reviewing department under
par. (a) 2. That person shall submit the information to the reviewing department no later than 3 working days after receiving the request.
146.60(3)(c)1.
1. If the department of natural resources receives information under this subsection or
sub. (4) (c), it shall provide the department of agriculture, trade and consumer protection with a copy of the information.
146.60(3)(c)2.
2. If the department of agriculture, trade and consumer protection receives information under this subsection or
sub. (4) (c), it shall provide the department of natural resources with a copy of the information.
146.60(3m)
(3m) Public notice. No later than 5 working days after receiving information under
sub. (3), the reviewing department shall send written notice of receipt of the information to the county board chairperson in a county without a county executive or county administrator or the county executive or county administrator and to the town board chairperson, village president or mayor of any town, village or city in which the release is proposed. No later than 5 working days after sending notice under this subsection, the reviewing department shall cause publication of a class 1 notice under
ch. 985 in the county to which the notice is sent.
146.60(4)
(4) Comment. The reviewing department may prepare a formal comment on the regulated release for submission to the federal regulator for that regulated release. The reviewing department shall submit that comment within the time established by the federal regulator for that regulated release. The comment shall address the criteria for notification or the granting of approval, a permit or a license under the applicable requirement in the coordinated framework and for the protection of the public health and the environment. To assist in the preparation of a comment, the reviewing department may do any of the following:
146.60(4)(a)
(a) Hold an informational meeting on the proposed regulated release.
146.60(4)(b)
(b) Provide an opportunity for the public to comment on the proposed regulated release.
146.60(4)(c)
(c) Request information on the proposed regulated release from the person providing the information under
sub. (3), in addition to the information provided under
sub. (3). That person is not required to submit that information to the reviewing department.
146.60(4)(d)
(d) Conduct a technical review of the proposed regulated release.
146.60(4)(e)
(e) Seek the assistance of the university of Wisconsin system faculty and academic staff or the department of health and family services in reviewing the proposed regulated release.
146.60(5)
(5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under
sub. (3).
146.60(6)
(6) Confidential treatment of records. 146.60(6)(a)(a) Except as provided in
pars. (b) and
(c), the departments shall keep confidential any information received under this section if the person submitting the information notifies the departments that any of the following applies to that information:
146.60(6)(a)1.
1. The federal regulator to which the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under
5 USC 552 or under the coordinated framework.
146.60(6)(a)2.
2. The person submitting the information to the departments has submitted a claim to the federal regulator that the information is entitled to confidential treatment under
5 USC 552 or under the coordinated framework, and the federal regulator has not made a determination on the claim.
146.60(6)(b)
(b) Paragraph (a) shall not prevent the departments from exchanging information under
sub. (3) (c) or
(4) (c) or from using the information for the purposes of
sub. (4) (d) or
(e), subject to the requirements under
par. (d). Any person receiving such information is subject to the penalty specified under
sub. (9) (b) for the unauthorized release of that information.
