146.50(6)(b)2.
2. The department, in conjunction with the technical college system board, shall promulgate rules specifying training, education, or examination requirements, including requirements for training for response to acts of terrorism, for license renewals for emergency medical technicians.
146.50(6)(c)
(c) Except as provided in
ss. 146.51 and
146.52, to be eligible for a license as an ambulance service provider, an individual shall be 18 years of age or older and have such additional qualifications as may be established in rules promulgated by the department, except that no ambulance service provider may be required to take training or an examination or receive education to qualify for licensure or for renewal of licensure. An ambulance service provider shall, as a condition of licensure, provide medical malpractice insurance sufficient to protect all emergency medical technicians who perform for compensation as employees of the ambulance service provider. For renewal of a biennial license as an ambulance service provider, an applicant shall also provide all of the following:
146.50(6)(c)1.
1. A financial report, on a form developed and provided by the department, of all expenditures made in the 2 previous fiscal years from all funds provided to the ambulance service provider under
s. 146.55 (4).
146.50(6)(c)2.
2. Certification, on a form developed and provided by the department, signed by a representative of the ambulance service provider and the clerk of each county, city, town or village served by the ambulance service provider, of the population and boundaries of the ambulance service provider's primary service or contract area in that county, city, town or village.
146.50(6g)
(6g) Certification for performance of defibrillation. 146.50(6g)(a)(a) Except as provided in
ss. 146.51 and
146.52, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.
146.50(6g)(b)
(b) A certificate issued under this subsection shall specify whether the holder of the certificate is authorized to perform defibrillation by use of any of the following:
146.50(6n)
(6n) Authorized actions of emergency medical technicians. An emergency medical technician may undertake only those actions that are authorized in rules promulgated under
sub. (13) (c).
146.50(7)
(7) Licensing in other jurisdictions. Except as provided in
ss. 146.51 and
146.52, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.
146.50(8)
(8) Certification of first responders. 146.50(8)(a)(a) Except as provided in
ss. 146.51 and
146.52, the department shall certify qualified applicants as first responders.
146.50(8)(b)
(b) To be eligible for initial certification as a first responder, except as provided in
ss. 146.51 and
146.52, an individual shall meet all of the following requirements:
146.50(8)(b)1.
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.
146.50(8)(b)3.
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 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.
146.50(8)(c)
(c) To be eligible for a renewal of a certificate as a first responder, except as provided in
ss. 146.51 and
146.52, the holder of the certificate shall satisfactorily complete a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.
146.50(8)(d)
(d) The department may not charge a fee for a certificate initially issued or renewed under this subsection.
146.50(8)(e)
(e) A certified first responder is authorized to use an automatic or semiautomatic defibrillator, as prescribed for first responders in rules promulgated by the department. The rules shall set forth authorization for the use of an automatic defibrillator, a semiautomatic defibrillator or, for a defibrillator that may be operated in more than one mode, use in the automatic or semiautomatic mode only. A certified first responder is also authorized to employ other techniques, including the administration of nonvisualized advanced airways, and the administration of medications that are specified by the department by rule. In promulgating the rules under this paragraph, the department shall consult with the state medical director for emergency medical services and the emergency medical services board. The rule shall include those techniques that are specified in the most current guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5).
146.50(8)(f)
(f) Except as provided in
ss. 146.51 and
146.52, the department may issue a certificate as a first responder, without requiring satisfactory completion of any instruction or training that may be required under
par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders in this state, and that the applicant is otherwise qualified.
146.50(8)(g)
(g) The department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive a first responder certificate.
146.50(8g)
(8g) Special use of semiautomatic defibrillators. 146.50(8g)(a)1.
1. "Cardiac arrest" means the sudden cessation of cardiac function and the disappearance of arterial blood pressure that connote ventricular fibrillation or pulseless ventricular tachycardia.
146.50(8g)(a)2.
2. "Pulseless ventricular tachycardia" means a disturbance in the normal rhythm of the heart that is characterized by rapid electrical activity of the heart with no cardiac output.
146.50(8g)(b)
(b) Notwithstanding
subs. (6g) (b) and
(8) (e), a person other than an emergency medical technician or a first responder - defibrillation may use a semiautomatic defibrillator in rendering emergency care or treatment to an individual who appears to be in cardiac arrest if the person has received training in a course that is approved by the department under
par. (d).
146.50(8g)(c)
(c) A person who provides a semiautomatic defibrillator for use under
par. (b) shall do all of the following:
146.50(8g)(c)1.
1. Provide written notification to the nearest emergency medical services program under
s. 146.55 (2). The notification shall include information as to the type of the semiautomatic defibrillator, the location of the defibrillator on the premises of the person, the intended usage area for the defibrillator and the owner of the defibrillator.
146.50(8g)(c)2.
2. Ensure that the semiautomatic defibrillator is maintained and tested in accordance with any operational guidelines of the manufacturer.
146.50(8g)(d)
(d) The department shall review training courses for the use of a semiautomatic defibrillator under this subsection and may approve those training courses that satisfy standards for approval that are specified by the department.
146.50(8m)
(8m) Qualifications for medical directors. The department shall promulgate rules that set forth qualifications for medical directors. Beginning on July 1, 1995, no ambulance service provider that offers services beyond basic life support services may employ, contract with or use the services of a physician to act as a medical director unless the physician is qualified under this subsection.
146.50(9)
(9) Training. The department may arrange for or approve courses of or instructional programs in or outside this state to meet the education and training requirements of this section, including training required for license or certificate renewal. Courses required for a license or renewal of a license as an emergency medical technician - basic shall be free of charge to an individual who is employed by or affiliated with a public agency, volunteer fire company or nonprofit corporation and is the holder of a license or training permit as an emergency medical technician - basic or eligible to hold such a license or training permit. If the department determines that an area or community need exists, the courses shall be offered at technical colleges in the area or community. Initial priority shall be given to the training of emergency medical technicians – basic serving the rural areas of the state. If an emergency medical technician - basic completes a course approved by the department on treatment of anaphylactic shock, the emergency medical technician – basic acts within the scope of the license if he or she performs injections or other treatment for anaphylactic shock under the direction of a physician.
146.50(10)
(10) License renewal. Every holder of a license issued under
sub. (5) or
(7) shall renew the license on July 1 of each even-numbered year by applying to the department on forms provided by the department. Upon receipt of an application for renewal containing documentation acceptable to the department that the requirements of
sub. (6) have been met, the department shall renew the license unless the department finds that the applicant has acted in a manner or under circumstances constituting grounds for suspension or revocation of the license.
146.50(11)
(11) Unlicensed or uncertified operation. 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 for any of the following:
146.50(11)(a)
(a) To restrain or prevent action as an ambulance service provider by a person in violation of
sub. (2).
146.50(11)(b)
(b) To restrain or prevent action by an ambulance service provider in violation of this section or a rule promulgated under this section.
146.50(11)(c)
(c) To restrain or prevent action as an emergency medical technician by an individual in violation of
sub. (2).
146.50(11)(d)
(d) To restrain or prevent action by an emergency medical technician in violation of this section or a rule promulgated under this section.
146.50(11)(e)
(e) To restrain or prevent the establishment, management or operation of an ambulance service, as defined in
s. 146.55 (1) (a), in violation of
sub. (4).
146.50(11)(f)
(f) To restrain or prevent action by a first responder in violation of this section or a rule promulgated under this section.
146.50(12)(a)(a) All records made by an ambulance service provider, an emergency medical technician or a first responder in administering emergency care procedures to and handling and transporting sick, disabled or injured individuals shall be maintained as confidential patient health care records subject to
ss. 146.81 to
146.84 and, if applicable,
s. 252.15 (5) (a) (intro.),
(6),
(8) and
(9). For the purposes of this paragraph, an ambulance service provider, an emergency medical technician or a first responder shall be considered to be a health care provider under
s. 146.81 (1). Nothing in this paragraph permits disclosure to an ambulance service provider, an emergency medical technician or a first responder under
s. 252.15 (5) (a), except under
s. 252.15 (5) (a) 11.
146.50(12)(b)
(b) Notwithstanding
par. (a), an ambulance service provider, who is an authority, as defined in
s. 19.32 (1), may make available, to any requester, information contained on a record of an ambulance run which identifies the ambulance service provider and emergency medical technicians involved; date of the call; dispatch and response times of the ambulance; reason for the dispatch; location to which the ambulance was dispatched; destination, if any, to which the patient was transported by ambulance; and name, age and gender of the patient. No information disclosed under this paragraph may contain details of the medical history, condition or emergency treatment of any patient.
146.50(13)(a)(a) The department may promulgate rules necessary for administration of this section.
146.50(13)(c)
(c) The department shall promulgate rules that specify actions that emergency medical technicians may undertake after December 31, 1995, including rules that specify the required involvement of physicians in actions undertaken by emergency medical technicians.
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;
1999 a. 7,
56;
2001 a. 109.
146.50 Cross-reference
Cross Reference: See also chs.
HFS 110,
111,
112, and
113, Wis. adm. code.
146.50 Annotation
Discussion of malpractice liability of state officers and employees. 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) Except as provided in
sub. (1m), 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:
146.51(1m)
(1m) If an individual who applies for or to renew a license, training permit or certification under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
146.51(2)
(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;
1999 a. 9.
146.52
146.52
Denial, nonrenewal and revocation of license, certification or permit based on tax delinquency. 146.52(1)(1) Except as provided in
sub. (1m), 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(1m)
(1m) If an individual who applies for or to renew a license, training permit or certificate under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license, training permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
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) Except as provided in
sub. (1m), 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;
1999 a. 9.
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.
