146.70(3m)(f)2.
2. The commission may promulgate rules that increase or decrease the surcharge, except that the commission may not increase the surcharge more than once per year and any increase must be uniform statewide.
146.70(3m)(f)3.
3. A wireless provider shall identify the surcharge on a customer's bill on a separate line that consists of the words "federal wireless 911 mandate fee."
146.70(3m)(f)4.
4. The commission may bring an action to collect a surcharge that is not paid by a customer and the customer's wireless provider is not liable for the unpaid surcharge.
146.70(3m)(g)
(g)
Confidentiality of information. The commission shall withhold from public inspection any information received under this subsection that would aid a competitor of a wireless provider in competition with the wireless provider.
146.70(3m)(h)
(h)
Other charges prohibited. No local government or state agency, as defined in
s. 560.9810 (1), except the commission, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.
146.70(3m)(i)
(i)
Commission authority. Nothing in this section affects the exemption from commission authority for commercial mobile radio service providers in
s. 196.202.
146.70(3m)(j)
(j)
Sunset. This subsection does not apply after the first day of the 42nd month beginning after the effective date of the rules promulgated under
par. (f) 1.
146.70(4)
(4) Departmental advisory authority. The department may provide information to public agencies, public safety agencies and telecommunications utilities relating to the development and operation of emergency number systems.
146.70(6)
(6) Telecommunications utility requirements. A telecommunications utility serving a public agency or group of public agencies which have established a sophisticated system under
sub. (2) (e) shall provide by December 31, 1985, or upon establishing a system, whichever is later, such public agency or group of public agencies access to the telephone numbers of subscribers and the addresses associated with the numbers as needed to implement automatic number identification and automatic location identification in a sophisticated system, but such information shall at all times remain under the direct control of the telecommunications utility and a telecommunications utility may not be required to release a number and associated address to a public agency or group of public agencies unless a call to the telephone number "911" has been made from such number. The costs of such access shall be paid by the public agency or group of public agencies.
146.70(7)
(7) Liability exemption. A telecommunications utility, wireless provider, as defined in
sub. (3m) (a) 6., or local government, as defined in
sub. (3m) (a) 4., shall not be liable to any person who uses an emergency number system created under this section or makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in
sub. (3m) (a) 7.
146.70(9)(a)(a) In implementing a basic or sophisticated system under this section, public agencies combined under
sub. (2) (d) shall annually enter into a joint powers agreement. The agreement shall be applicable on a daily basis and shall provide that if an emergency services vehicle is dispatched in response to a request through the basic or sophisticated system established under this section, such vehicle shall render its services to the persons needing the services regardless of whether the vehicle is operating outside the vehicle's normal jurisdictional boundaries.
146.70(9)(b)
(b) Public agencies and public safety agencies which have contiguous or overlapping boundaries and which have established separate basic or sophisticated systems under this section shall annually enter into the agreement required under
par. (a).
146.70(9)(c)
(c) Each public agency or public safety agency shall cause a copy of the annual agreement required by
pars. (a) and
(b) to be filed with the department of justice. If a public agency or public safety agency fails to enter into such agreement or to file copies thereof, the department of justice shall commence judicial proceedings to enforce compliance with this subsection.
146.70(10)(a)(a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.
146.70(10)(b)
(b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined not more than $10,000 for each occurrence.
146.70(11)
(11) Plans. Every public agency establishing a basic or sophisticated system under this section shall submit tentative plans for the establishment of the system as required under this section to every local exchange telecommunications utility providing service within the respective boundaries of such public agency. The public agency shall submit final plans for the establishment of the system to the telecommunications utility and shall provide for the implementation of the plans.
146.70 Cross-reference
Cross Reference: See also ch.
PSC 173, Wis. adm. code.
146.71
146.71
Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
146.71 History
History: 1981 c. 134.
146.71 Annotation
To determine whether an infant was "born alive" under s. 939.22 (16) for purposes of the homicide laws, courts apply s. 146.71. State v. Cornelius,
152 Wis. 2d 272,
448 N.W.2d 434 (Ct. App. 1989).
146.81(1)
(1) "Health care provider" means any of the following:
146.81(1)(d)
(d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under
subch. II of ch. 448.
146.81(1)(hg)
(hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under
ch. 457.
146.81(1)(hm)
(hm) A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
146.81(1)(j)
(j) A corporation or limited liability company of any providers specified under
pars. (a) to
(hp) that provides health care services.
146.81(1)(k)
(k) An operational cooperative sickness care plan organized under
ss. 185.981 to
185.985 that directly provides services through salaried employees in its own facility.
146.81(2)
(2) "Informed consent" means written consent to the disclosure of information from patient health care records to an individual, agency or organization that includes all of the following:
146.81(2)(a)
(a) The name of the patient whose record is being disclosed.
146.81(2)(c)
(c) The types of health care providers making the disclosure.
146.81(2)(d)
(d) The purpose of the disclosure such as whether the disclosure is for further medical care, for an application for insurance, to obtain payment of an insurance claim, for a disability determination, for a vocational rehabilitation evaluation, for a legal investigation or for other specified purposes.
146.81(2)(e)
(e) The individual, agency or organization to which disclosure may be made.
146.81(2)(f)
(f) The signature of the patient or the person authorized by the patient and, if signed by a person authorized by the patient, the relationship of that person to the patient or the authority of the person.
146.81(2)(h)
(h) The time period during which the consent is effective.
146.81(3)
(3) "Patient" means a person who receives health care services from a health care provider.
146.81(4)
(4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, including the records required under
s. 146.82 (2) (d) and
(3) (c), but not those records subject to
s. 51.30, reports collected under
s. 69.186, records of tests administered under
s. 252.15 (2) (a) 7.,
343.305,
938.296 (4) or
(5) or
968.38 (4) or
(5), records related to sales of pseudoephedrine products, as defined in
s. 961.01 (20c), that are maintained by pharmacies under
s. 961.235, fetal monitor tracings, as defined under
s. 146.817 (1), or a pupil's physical health records maintained by a school under
s. 118.125. ``Patient health care records" also includes health summary forms prepared under
s. 302.388 (2).
146.81(5)
(5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in
s. 48.02 (8) and
(11), the person vested with supervision of the child under
s. 938.183 or
938.34 (4d),
(4h),
(4m), or
(4n), the guardian of a patient adjudicated incompetent in this state, the personal representative or spouse of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under
ch. 155 if the patient has been found to be incapacitated under
s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in
s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.
146.81 History
History: 1979 c. 221;
1981 c. 39 s.
22;
1983 a. 27;
1983 a. 189 s.
329 (1);
1983 a. 535;
1985 a. 315;
1987 a. 27,
70,
264;
1987 a. 399 ss.
403br,
491r;
1987 a. 403;
1989 a. 31,
168,
199,
200,
229,
316,
359;
1991 a. 39,
160,
269;
1993 a. 27,
32,
105,
112,
183,
385,
443,
496;
1995 a. 27 s.
9145 (1);
1995 a. 77,
98,
352;
1997 a. 27,
67,
75,
156,
175;
1999 a. 9,
32,
151,
180,
188;
2001 a. 38,
70,
74,
80,
89;
2005 a. 262,
387.
146.81 Annotation
A letter written by a person not licensed as a health care provider under sub. (1) was not a record under sub. (4) prepared under the supervision of a health care provider under sub. (1) (j) when the person was employed by a corporation that employed health care professionals but the corporation's shareholders were not health care providers. Hart v. Bennet, 2003 WI App 231,
267 Wis. 2d 919,
672 N.W.2d 306,
02-2993.
146.81 Annotation
When a health care provider denied access to records on the ground that the patient was possibly incompetent to consent to the release of the records, it was obligated under sub.(5) to petition for a temporary guardian for the patient. Szymczak v. Terrace at St. Francis, 2006 WI App 3,
289 Wis. 2d 110,
709 N.W.2d 103,
04-2067.
146.815
146.815
Contents of certain patient health care records. 146.815(1)(1) Patient health care records maintained for hospital inpatients shall include, if obtainable, the inpatient's occupation and the industry in which the inpatient is employed at the time of admission, plus the inpatient's usual occupation.
146.815(2)(a)(a) If a hospital inpatient's health problems may be related to the inpatient's occupation or past occupations, the inpatient's physician shall ensure that the inpatient's health care record contains available information from the patient or family about these occupations and any potential health hazards related to these occupations.
146.815(2)(b)
(b) If a hospital inpatient's health problems may be related to the occupation or past occupations of the inpatient's parents, the inpatient's physician shall ensure that the inpatient's health care record contains available information from the patient or family about these occupations and any potential health hazards related to these occupations.
146.815(3)
(3) The department shall provide forms that may be used to record information specified under
sub. (2) and shall provide guidelines for determining whether to prepare the occupational history required under
sub. (2). Nothing in this section shall be construed to require a hospital or physician to collect information required in this section from or about a patient who chooses not to divulge such information.
146.815 History
History: 1981 c. 214.
146.817
146.817
Preservation of fetal monitor tracings and microfilm copies. 146.817(1)(1) In this section, "fetal monitor tracing" means documentation of the heart tones of a fetus during labor and delivery of the mother of the fetus that are recorded from an electronic fetal monitor machine.
146.817(2)(a)(a) Unless a health care provider has first made and preserved a microfilm copy of a patient's fetal monitor tracing, the health care provider may delete or destroy part or all of the patient's fetal monitor tracing only if 35 days prior to the deletion or destruction the health care provider provides written notice to the patient.
146.817(2)(b)
(b) If a health care provider has made and preserved a microfilm copy of a patient's fetal monitor tracing and if the health care provider has deleted or destroyed part or all of the patient's fetal monitor tracing, the health care provider may delete or destroy part or all of the microfilm copy of the patient's fetal monitor tracing only if 35 days prior to the deletion or destruction the health care provider provides written notice to the patient.
146.817(2)(c)
(c) The notice specified in
pars. (a) and
(b) shall be sent to the patient's last-known address and shall inform the patient of the imminent deletion or destruction of the fetal monitor tracing or of the microfilm copy of the fetal monitor tracing and of the patient's right, within 30 days after receipt of notice, to obtain the fetal monitor tracing or the microfilm copy of the fetal monitor tracing from the health care provider.
146.817(2)(d)
(d) The notice requirements under this subsection do not apply after 5 years after a fetal monitor tracing was first made.
146.817 History
History: 1987 a. 27,
399,
403.
146.819
146.819
Preservation or destruction of patient health care records. 146.819(1)(1) Except as provided in
sub. (4), any health care provider who ceases practice or business as a health care provider or the personal representative of a deceased health care provider who was an independent practitioner shall do one of the following for all patient health care records in the possession of the health care provider when the health care provider ceased business or practice or died:
146.819(1)(a)
(a) Provide for the maintenance of the patient health care records by a person who states, in writing, that the records will be maintained in compliance with
ss. 146.81 to
146.835.
146.819(1)(b)
(b) Provide for the deletion or destruction of the patient health care records.
146.819(1)(c)
(c) Provide for the maintenance of some of the patient health care records, as specified in
par. (a), and for the deletion or destruction of some of the records, as specified in
par. (b).
146.819(2)
(2) If the health care provider or personal representative provides for the maintenance of any of the patient health care records under
sub. (1), the health care provider or personal representative shall also do at least one of the following:
146.819(2)(a)
(a) Provide written notice, by 1st class mail, to each patient or person authorized by the patient whose records will be maintained, at the last-known address of the patient or person, describing where and by whom the records shall be maintained.
146.819(2)(b)
(b) Publish, under
ch. 985, a class 3 notice in a newspaper that is published in the county in which the health care provider's or decedent's health care practice was located, specifying where and by whom the patient health care records shall be maintained.
146.819(3)
(3) If the health care provider or personal representative provides for the deletion or destruction of any of the patient health care records under
sub. (1), the health care provider or personal representative shall also do at least one of the following:
146.819(3)(a)
(a) Provide notice to each patient or person authorized by the patient whose records will be deleted or destroyed, that the records pertaining to the patient will be deleted or destroyed. The notice shall be provided at least 35 days prior to deleting or destroying the records, shall be in writing and shall be sent, by 1st class mail, to the last-known address of the patient to whom the records pertain or the last-known address of the person authorized by the patient. The notice shall inform the patient or person authorized by the patient of the date on which the records will be deleted or destroyed, unless the patient or person retrieves them before that date, and the location where, and the dates and times when, the records may be retrieved by the patient or person.
146.819(3)(b)
(b) Publish, under
ch. 985, a class 3 notice in a newspaper that is published in the county in which the health care provider's or decedent's health care practice was located, specifying the date on which the records will be deleted or destroyed, unless the patient or person authorized by the patient retrieves them before that date, and the location where, and the dates and times when, the records may be retrieved by the patient or person.
