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.
146.55(5)
(5) Emergency medical technician training and examination aid. 146.55(5)(a)(a) From the appropriation under
s. 20.435 (5) (ch), the department shall annually distribute funds to ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under
s. 146.50 (6), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under
s. 146.50 (6) (a) 3. and
(b) 1.
146.55(5)(b)
(b) The department shall require as a condition of relicensure that an ambulance service provider submit to the department a financial report on the expenditure of funds received under
par. (a).
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.
146.55 History
History: 1989 a. 102 ss.
15 to
17,
23,
25,
26,
60;
1991 a. 39,
269;
1993 a. 16,
251,
399,
491;
1997 a. 27,
79;
2001 a. 16,
109;
2005 a. 25.
146.56
146.56
Statewide trauma care system. 146.56(1g)
(1g) In this section, "performance improvement" means a method of evaluating and improving processes of trauma patient care that emphasizes a multidisciplinary approach to problem solving.
146.56(1r)
(1r) 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, and, as part of the system, shall develop regional trauma advisory councils.
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 3 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. Confidential injury data that is collected under this subsection shall be used for confidential review relating to performance improvements in the trauma care system, and may be used for no other purpose.
146.56(3)
(3) Except as provided in
sub. (4), all information and documents provided by a hospital under
sub. (2) and all information and documents procured by or furnished to the department, the statewide trauma advisory council, or regional trauma advisory councils with respect to performance improvement activities, certifications by hospitals under
sub. (2), and documentation of the bases for hospitals' certifications under
sub. (2) are immune from discovery under
ch. 804, confidential, and privileged and may not be used or admitted into evidence in a civil action. With respect to a communication made by a staff member of the department or by an individual serving on the statewide trauma advisory council or a regional trauma advisory council, and to a finding or recommendation made under this section by the department, the statewide trauma advisory council, or a regional trauma advisory council, all of the following apply:
146.56(3)(a)
(a) The staff member or individual may not be examined in an action for civil damages with respect to the communication, finding, or recommendation.
146.56(3)(b)
(b) The staff member or individual has immunity from civil liability, with respect to the communication, finding, or recommendation, for any of the following:
146.56(3)(b)1.
1. An action taken or omitted by the staff member or individual in an official capacity.
146.56(3)(b)2.
2. A statement made in good faith by the staff member or individual in an official capacity.
146.56(4)
(4) Subsection (3) does not apply to the release of information and documents specified in
sub. (3) created apart from a performance improvement activity or apart from a certification by a hospital under
sub. (2) that are maintained by or for a hospital, the department, the statewide trauma advisory council, or a regional trauma advisory council for the particular purpose of diagnosing, treating, or documenting care provided to a particular patient or for another purpose, upon a showing by clear and convincing evidence that the information or documents are otherwise unavailable.
146.56 Cross-reference
Cross Reference: See also ch.
HFS 118, Wis. adm. code.
146.57
146.57
Statewide poison control system. 146.57(1m)(a)
(a) "Appropriate health-oriented background" means one of the following:
146.57(1m)(a)1.
1. Licensure as an emergency medical technician - basic, emergency medical technician - intermediate or emergency medical technician - paramedic under
s. 146.50 (5) (a).
146.57(1m)(a)3.
3. Completion of a training program directed by a physician specializing in toxicology and, as determined by the medical director of a poison control center, background sufficient to understand and interpret standard poison information resources and to transmit that information understandably to both health professionals and the public under the direct supervision of a staff member specified under
sub. (3m) (b) 1. to
7. or the medical director.
146.57(1m)(b)
(b) "On-line staff member" means a member of the staff of a poison control center who personally responds to telephone inquiries received by the poison control center.
146.57(1m)(e)
(e) "Poison control services" means poison prevention education, and rapid and accurate poison interpretation, poison intervention and management information.
146.57(1m)(g)
(g) "School of pharmacy" means a school of pharmacy that is accredited by the American Council on Pharmaceutical Education.
146.57(3)(a)(a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. 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 system 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(3m)
(3m) Requirements of poison control centers. 146.57(3m)(a)(a) A poison control center shall maintain telephone services capable of providing rapid, accurate and complete poison information that is accessible throughout the state and that is free to users through a statewide toll-free hotline.
146.57(3m)(b)
(b) An on-line staff member who interprets poison exposure data and provides poison intervention and management information shall be one of the following:
146.57(3m)(b)4.
4. A person who is certified by or eligible for certification by the American Association of Poison Control Centers as a specialist in poison information.
146.57(3m)(b)5.
5. A school of pharmacy graduate who is in residency training.
146.57(3m)(b)6.
6. A school of pharmacy enrollee who has completed the 2nd professional practice year.
146.57(3m)(b)7.
7. A person who was employed as an on-line staff member on May 1, 1994, who has worked in that capacity at the poison control center for at least 3 years and who annually receives at least 16 documented hours of continuing education in interpreting poison exposure data and providing poison intervention and management information.
146.57(3m)(b)8.
8. A person who is designated as a poison information provider, annually receives at least 16 documented hours of job-relevant continuing education and has an appropriate health-oriented background.
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 Cross-reference
Cross Reference: See also ch.
HFS 167, Wis. adm. code.
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), including recommending a formula for allocating funds among ambulance service providers under
s. 146.55 (5).
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.
