146.50 History
History: 1973 c. 321;
1975 c. 39 ss.
645 to
647d,
732 (2);
1975 c. 224;
1977 c. 29,
167;
1979 c. 321;
1981 c. 73,
380;
1981 c. 391 s.
211;
1983 a. 189;
1985 a. 120,
135;
1987 a. 70,
399;
1989 a. 31;
1989 a. 102 ss.
20,
21,
36 to
59;
1991 a. 39,
238;
1993 a. 27,
29,
105,
183,
251,
399;
1997 a. 79,
191,
237.
146.50 Annotation
Discussion of malpractice liability of state officers and employes. 67 Atty. Gen. 145.
146.50 Annotation
Under present law, ambulance records relating to medical history, condition or treatment are confidential while other ambulance call records are subject to disclosure under public records law.
78 Atty. Gen. 71.
146.51
146.51
Denial, nonrenewal and suspension of license, training permit or certification based on certain delinquency in payment. 146.51(1)(1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:
(2) The department of health and family services may not disclose any information received under
sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under
s. 49.857.
146.51(3)
(3) The department of health and family services shall deny an application for the issuance or renewal of a license, training permit or certification specified in
sub. (1), shall suspend a license, training permit or certification specified in
sub. (1) or may, under a memorandum of understanding under
s. 49.857 (2), restrict a license, training permit or certification specified in
sub. (1) if the department of workforce development certifies under
s. 49.857 that the applicant for or holder of the license, training permit or certification is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
146.51 History
History: 1997 a. 191.
146.52
146.52
Denial, nonrenewal and revocation of license, certification or permit based on tax delinquency. 146.52(1)
(1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:
146.52(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
146.52(3)
(3) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
146.52(4)
(4) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in
sub. (1) or shall revoke a license, certificate or permit specified in
sub. (1), if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of the license, certificate or permit is liable for delinquent taxes.
146.52 History
History: 1997 a. 237.
146.53
146.53
State emergency medical services activities. 146.53(1)(b)
(b) "Board" means the emergency medical services board.
146.53(1)(d)
(d) "First responder" means a person who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual before the arrival of an ambulance, but who does not provide transportation for a patient.
146.53(2)
(2) State emergency medical services plan. 146.53(2)(a)(a) By December 31, 1995, the department shall prepare a state emergency medical services plan. The plan shall include an identification of priorities for changes in the state emergency medical services system for the 2 years following preparation of the plan. In preparing the plan, the department shall review all statutes and rules that relate to emergency medical services and recommend in the plan any changes in those statutes and rules that the department considers appropriate. After initial preparation of the plan, the department shall keep the plan current and shall reorder priorities for changes in the state emergency medical services system, based on determinations of the board.
146.53(2)(b)
(b) Biennially, prior to final adoption of the state emergency medical services plan, the department shall hold at least one public hearing on a draft of the plan.
146.53(2)(c)
(c) The department shall provide a copy of the state emergency medical services plan biennially to the legislature under
s. 13.172 (2).
146.53(3)
(3) Qualifications of state supervisor. The board shall recommend to the department the qualifications of any individual who may be hired on or after April 23, 1994, to supervise the subunit of the department that is primarily responsible for regulation of emergency medical services.
146.53(4)
(4) Departmental rules; consultation. The department shall consult with the board before promulgating a proposed rule that relates to funding of emergency medical services programs under
s. 146.55 or to regulation of emergency medical services.
146.53(5)
(5) Departmental duties. The department shall:
146.53(5)(a)
(a) Serve as the lead state agency for emergency medical services.
146.53(5)(b)
(b) Implement measures to achieve objectives that are set forth in the state emergency medical services plan under
sub. (2).
146.53(5)(c)
(c) Provide quality assurance in the emergency medical services system, including collecting and analyzing data relating to local and regional emergency medical services systems, ambulance service providers, first responders and emergency medical technicians.
146.53(5)(d)
(d) Provide technical assistance to ambulance service providers, first responders and emergency medical technicians in developing plans, expanding services and complying with applicable statutes and rules.
146.53(5)(e)
(e) Set standards for all organizations that offer training to first responders and emergency medical technicians on what topics should be included in initial training and continuing training.
146.53(5)(f)
(f) Facilitate integration of ambulance service providers and hospitals in the same geographic area.
146.53(5)(g)
(g) Review recommendations of the board. The department may promulgate any rule changes necessary to implement those recommendations and may pursue any statutory changes necessary to implement those recommendations.
146.53(5)(h)
(h) Investigate complaints received regarding ambulance service providers, first responders, emergency medical technicians and medical directors and take appropriate actions after first consulting with the board and the state medical director for emergency medical services.
146.53(5)(i)
(i) Provide advice to the adjutant general of the department of military affairs on the emergency medical aspects of the state plan of emergency management under
s. 166.03 (2) (a) 1. and coordinate emergency activities with the department of military affairs.
146.53(5)(j)
(j) Consult at least annually with the technical college system board and the department of transportation on issues that affect ambulance service providers, first responders and emergency medical technicians.
146.53(5)(k)
(k) Promulgate rules that set forth the authority and duties of medical directors and the state medical director for emergency medical services.
146.53 History
History: 1993 a. 251,
491;
1995 a. 247.
146.55
146.55
Emergency medical services programs. 146.55(1)(a)
(a) "Ambulance service" means the business of transporting sick, disabled or injured individuals by ambulance, as defined in
s. 146.50 (1) (a), to or from facilities or institutions providing health services.
146.55(1)(f)
(f) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
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 (5) (ch), 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 (5) (ch), 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.
146.56
146.56
Statewide trauma care system. 146.56(1)
(1) Not later than July 1, 2001, the department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under
s. 15.197 (25) in developing and implementing the system.
146.56(2)
(2) The department shall promulgate rules to develop and implement the system. The rules shall include a method by which to classify all hospitals as to their respective emergency care capabilities. The classification rule shall be based on standards developed by the American College of Surgeons. Within 180 days after promulgation of the classification rule, and every 4 years thereafter, each hospital shall certify to the department the classification level of trauma care services that is provided by the hospital, based on the rule. The department may require a hospital to document the basis for its certification. The department may not direct a hospital to establish a certain level of certification.
146.56 History
History: 1997 a. 154.
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 (5) (ds), the department shall, if the requirement under
par. (b) is met, distribute total funding of not more than $375,000 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.
146.58
146.58
Emergency medical services board. The emergency medical services board shall do all of the following:
