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
Malpractice liability of state officers and employees is discussed. 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 the 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.
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) (am), 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) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under
42 USC 2476 under the appropriation under
s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.
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.
