146.40(4m)
(4m) An instructional and competency evaluation program under
sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under
sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under
s. 227.44 to the division of hearings and appeals created under
s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under
s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by
ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under
sub. (4d) (d).
146.40(4r)(a)(a) Any individual may report to the department that he or she believes that any person employed by or under contract with an entity has neglected or abused a client or misappropriated the client's property.
146.40(4r)(am)1.1. Except as provided in
subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.
146.40(4r)(am)2.
2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.
146.40(4r)(am)3.
3. An entity that intentionally fails to report an allegation of misappropriation of the property of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
146.40(4r)(b)
(b) Except as provided in
pars. (em) and
(er), the department shall review and investigate any report received under
par. (a) or
(am) and, if the allegation is substantiated, make specific, documented findings concerning the misappropriation of property or the neglect or abuse. The department shall in writing by certified mail notify the person specified in the report that the person's name and the department's findings about the person shall be listed in the registry under
sub. (4g) (a) 2. and
3. unless the person contests the listings in a hearing before the division of hearings and appeals created under
s. 15.103 (1). The written notification shall describe the investigation conducted by the department, enumerate the findings alleging misappropriation of property or neglect or abuse of a client and explain the consequence to the person specified in the report of waiving a hearing to contest the findings. The person specified in the report shall have 30 days after receipt of the notification to indicate to the department in writing whether he or she intends to contest the listing or to waive the hearing.
146.40(4r)(c)
(c) If the nurse's assistant or home health aide under
par. (b) notifies the department that he or she waives a hearing to contest the listings in the registry under
par. (b), or fails to notify the department within 30 days after receipt of a notice under
par. (b), the department shall enter the name of the individual under
sub. (4g) (a) 2. and the department's findings about the individual under
sub. (4g) (a) 3.
146.40(4r)(d)
(d) If the person specified in the report received under
par. (a) or
(am) timely notifies the division of hearings and appeals created under
s. 15.103 (1) that he or she contests the listings in the registry under
par. (b), the division of hearings and appeals shall hold a hearing under the requirements of
ch. 227. If after presentation of evidence a hearing officer finds that there is no reasonable cause to believe that the person specified in the report received under
par. (a) or
(am) performed an action alleged under
par. (a) or
(am), the hearing officer shall dismiss the proceeding. If after presentation of evidence a hearing officer finds that there is reasonable cause to believe that the person specified in the report received under
par. (a) or
(am) performed an action alleged under
par. (a) or
(am), the hearing officer shall so find and shall cause the name of the person specified in the report received under
par. (a) or
(am) to be entered under
sub. (4g) (a) 2. and the hearing officer's findings about the person specified in the report received under
par. (a) or
(am) to be entered under
sub. (4g) (a) 3.
146.40(4r)(e)
(e) The nurse's assistant or home health aide may provide the department with a brief statement disputing the department's findings under
par. (b) or the hearing officer's findings under
par. (d) and, if so provided, the department shall enter the statement under
sub. (4g) (a) 4.
146.40(4r)(em)
(em) If the department of health and family services receives a report under
par. (a) or
(am) and determines that a person who is the subject of the report holds a credential that is related to the person's employment at, or contract with, the entity, the department of health and family services shall refer the report to the department of regulation and licensing.
146.40(4r)(er)
(er) The department may contract with private field investigators to conduct investigations of reports received by the department under
par. (a) or
(am).
146.40(5)(a)(a) The department, in consultation with the technical college system board, shall promulgate rules specifying standards for certification in this state of instructional and competency evaluation programs for nurse's assistants, home health aides and hospice aides. The standards shall include specialized training in providing care to individuals with special needs.
146.40(5)(b)
(b) The department shall promulgate rules specifying criteria for acceptance by this state of an instructional and competency evaluation program or a competency evaluation program that is certified in another state, including whether the other state grants nurse's assistant privileges, home health aide privileges or hospice aide privileges to persons who have completed instruction in an instructional and competency evaluation program that is certified under
sub. (3) and whether one of the following is true:
146.40(5)(b)1.
1. If the other state certifies instructional and competency evaluation programs for nurse's assistants, home health aides or hospice aides, the state's requirements are substantially similar, as determined by the department, to certification requirements in this state.
146.40(5)(b)2.
2. If the other state certifies nurse's assistants, home health aides or hospice aides, that state's requirements are such that one of the following applies:
146.40(5)(b)2.a.
a. The instructional and competency evaluation programs required for attendance by persons receiving certificates are substantially similar, as determined by the department, to instructional and competency evaluation programs certified under
sub. (3).
146.40(5)(b)2.b.
b. The competency evaluation programs required for successful completion by persons receiving certificates are substantially similar, as determined by the department, to competency evaluation programs approved under
sub. (3m).
146.40(6)
(6) Any person who violates
sub. (2) shall forfeit not more than $1,000.
146.40(7)
(7) This section does not apply to a hospice that receives no federal or state moneys for any purpose.
146.40 Cross-reference
Cross Reference: See also chs.
HFS 13 and
129, Wis. adm. code.
146.40 Annotation
Sub. (4r) provides for a hearing examiner to make a determination of abuse. That determination is the final agency determination. Kennedy v. DHSS,
199 Wis. 2d 442,
544 N.W.2d 917 (Ct. App. 1996),
95-1072.
146.50
146.50
Emergency medical services personnel; licensure; certification; training. 146.50(1)(ag)
(ag) "Act of terrorism" means a felony under
ch. 939 to
951 that is committed with intent to terrorize and is committed under any of the following circumstances:
146.50(1)(ag)1.
1. The person committing the felony causes bodily harm, great bodily harm, or death to another.
146.50(1)(ag)2.
2. The person committing the felony causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.
146.50(1)(ag)3.
3. The person committing the felony uses force or violence or the threat of force or violence.
146.50(1)(am)
(am) "Ambulance" means an emergency vehicle, including any motor vehicle, boat or aircraft, whether privately or publicly owned, which is designed, constructed or equipped to transport sick, disabled or injured individuals.
146.50(1)(c)
(c) "Ambulance service provider" means a person engaged in the business of transporting sick, disabled or injured individuals by ambulance to or from facilities or institutions providing health services.
146.50(1)(cr)
(cr) "Automated external defibrillator" means a defibrillator device to which all of the following apply:
146.50(1)(cr)1.
1. It is approved for commercial distribution by the federal food and drug administration.
146.50(1)(cr)2.
2. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.
146.50(1)(cr)3.
3. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.
146.50(1)(d)
(d) "Basic life support" means emergency medical care that is rendered to a sick, disabled or injured individual, based on signs, symptoms or complaints, prior to the individual's hospitalization or while transporting the individual between health care facilities and that is limited to use of the knowledge, skills and techniques received from training required for licensure as an emergency medical technician - basic, or for certification as a first responder.
146.50(1)(dm)
(dm) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.
146.50(1)(e)
(e) "Emergency medical technician" means an emergency medical technician – basic, an emergency medical technician – intermediate or an emergency medical technician – paramedic.
146.50(1)(f)
(f) "Emergency medical technician – basic" means an individual who is licensed by the department to administer basic life support and to properly handle and transport sick, disabled or injured individuals.
146.50(1)(g)
(g) "Emergency medical technician – intermediate" means an individual who is licensed by the department as an emergency medical technician - intermediate under
sub. (5).
146.50(1)(h)
(h) "Emergency medical technician – paramedic" means an individual who is specially trained in emergency cardiac, trauma and other lifesaving or emergency procedures in a training program or course of instruction prescribed by the department and who is examined and licensed as an emergency medical technician – paramedic under
sub. (5).
146.50(1)(hm)
(hm) "First responder" means an individual who is certified by the department as a first responder under
sub. (8).
146.50(1)(hr)
(hr) "Governmental unit" means the United States; the state; any county, city, village, or town; or any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town.
146.50(1)(i)
(i) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
146.50(1)(ig)
(ig) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.
146.50(1)(im)
(im) "Manual defibrillator" means a heart monitor and defibrillator that:
146.50(1)(im)1.
1. Is operated only after an operator has first analyzed and recognized an individual's cardiac rhythm;
146.50(1)(im)2.
2. Charges and delivers, only at the command of the operator, an electrical impulse to an individual's heart; and
146.50(1)(im)3.
3. In the case of a defibrillator that may be operated as a manual defibrillator or as an automated external defibrillator, is set to operate as a manual defibrillator.
146.50(1)(j)
(j) "Medical director" means a physician who trains, medically coordinates, directs, supervises, establishes standard operating procedures for, and designates physicians for direction and supervision of, emergency medical technicians and who reviews the performance of emergency medical technicians and ambulance service providers.
146.50(1)(k)
(k) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
146.50(1)(L)
(L) "Person" includes an individual, firm, partnership, association, corporation, trust, foundation, company, public agency or a group of individuals, however named, concerned with the operation of an ambulance.
146.50(1)(n)
(n) "Public agency" means this state, a county, city, village or town; an agency of this state or of a county, city, village or town; or an Indian tribe.
146.50(1)(p)
(p) "Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular and ineffective twitching of the ventricles of the heart.
146.50(2)
(2) License or certificate required. No person may act as or advertise for the provision of services as an ambulance service provider unless the person holds an ambulance service provider license issued under this section. No individual may act as or advertise for the provision of services as an emergency medical technician unless he or she holds an emergency medical technician license or training permit issued under
sub. (5). No individual may act as or advertise for the provision of services as a first responder unless he or she holds a first responder certificate issued under
sub. (8).
146.50(3)
(3) 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.
146.50(4)
(4) Ambulance staffing; limitations; rules. 146.50(4)(a)(a) If a sick, disabled or injured individual is transported by ambulance, the following other individuals shall be present in the ambulance:
146.50(4)(a)1.
1. Any 2 emergency medical technicians, licensed registered nurses, licensed physician assistants or physicians, or any combination thereof; or
146.50(4)(a)2.
2. One emergency medical technician plus one individual with a training permit issued under
sub. (5) (b).
146.50(4)(b)
(b) An ambulance driver who is not an emergency medical technician may assist with the handling and movement of a sick, injured or disabled individual if an emergency medical technician, registered nurse, physician assistant or physician directly supervises the driver. No ambulance driver may administer care procedures that an emergency medical technician is authorized to administer unless he or she is an emergency medical technician.
146.50(4)(c)
(c) Notwithstanding
par. (a), the department may promulgate rules that establish standards for staffing of ambulances in which the primary services provided are those which an emergency medical technician - intermediate is authorized to provide or those which an emergency medical technician - paramedic is authorized to provide.
146.50(5)
(5) Licensing of ambulance service providers and emergency medical technicians; training permits. 146.50(5)(a)(a) Except as provided in
ss. 146.51 and
146.52, the department shall license qualified applicants as ambulance service providers or emergency medical technicians. The department shall, from the information on the certification form specified under
sub. (6) (c) 2., establish in each ambulance service provider's biennial license the primary service or contract area of the ambulance service provider.
146.50(5)(b)
(b) The department shall promulgate rules establishing a system and qualifications for issuance of training permits, except as provided in
ss. 146.51 and
146.52, and specifying the period for which an individual may hold a training permit.
146.50(5)(c)
(c) A training permit application shall be signed by an ambulance service provider.
146.50(5)(d)
(d) An individual who holds a training permit issued under
par. (b) may do the following:
146.50(5)(d)1.
1. If issued an emergency medical technician – basic training permit, he or she may perform the actions authorized under rules promulgated by the department for an emergency medical technician - basic, but only if an emergency medical technician directly supervises him or her.
146.50(5)(d)2.
2. If issued an emergency medical technician – intermediate training permit, he or she may perform the actions authorized under rules promulgated by the department for an emergency medical technician - intermediate, but only if a medical director or training instructor is present and giving direction.
146.50(5)(d)3.
3. If issued an emergency medical technician - paramedic training permit, he or she may perform the actions authorized under rules promulgated by the department for an emergency medical technician - paramedic, but only if a medical director or training instructor is present and giving direction.
146.50(5)(e)
(e) A license or training permit issued under this subsection is nontransferable and is valid for the balance of the license or training permit period or until surrendered for cancellation or suspended or revoked for violation of this section or of any other statutes or rules relating to ambulance service providers or emergency medical technicians.
146.50(5)(f)
(f) The department may charge a reasonable fee for a license or training permit issued under this subsection, except that no fee may be charged to an individual who is an employee of a public agency and who works for volunteer or paid-on-call ambulance service providers and who is an applicant for a license as an emergency medical technician - basic or for a training permit.
146.50(5)(g)
(g) Except as provided in
ss. 146.51 and
146.52, an emergency medical technician license shall be issued to the individual licensed, and the department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive an emergency medical technician license or to have an emergency medical technician license renewed.
146.50(6)(a)(a) Except as provided in
ss. 146.51 and
146.52, to be eligible for an initial license as an emergency medical technician, an individual shall:
146.50(6)(a)1.
1. Be 18 years of age or older; be capable of performing the actions authorized in rules promulgated under
sub. (13) (c) for an emergency medical technician – basic, an emergency medical technician - intermediate or an emergency medical technician – paramedic, for which licensure is sought; and, subject to
ss. 111.321,
111.322 and
111.335, not have an arrest or conviction record.
146.50(6)(a)2.
2. Have satisfactorily completed a course of instruction and training, including training for response to acts of terrorism, prescribed by the department or have presented evidence satisfactory to the department of sufficient education and training in the field of emergency care.
146.50(6)(a)3.
3. Have passed an examination approved by the department.
146.50(6)(a)4.
4. Have such additional qualifications as may be required by the department.
146.50(6)(b)1.1. Except as provided in
ss. 146.51 and
146.52, to be eligible for a renewal of a license as an emergency medical technician, the licensee shall, in addition to meeting the requirements of
par. (a) 1., complete the training, education or examination requirements specified in rules promulgated under
subd. 2.
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).
