256.01 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
256.01(9)
(9) "First responder" means a person who is certified by the department as a first responder under
s. 256.15 (8) (a) and 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.
256.01(11)
(11) "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.
256.01(12)
(12) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
256.01 History
History: 2007 a. 130 ss.
53,
54,
58 to
61,
67,
68,
120,
122,
132,
202.
256.04
256.04
Emergency medical services board. The emergency medical services board shall do all of the following:
256.04(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.
256.04(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.
256.04(5)
(5) Seek involvement in its deliberations by appropriate personnel from the department, the technical college system board and the department of transportation.
256.04(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.
256.04(7)
(7) Advise, make recommendations to, and consult with the department concerning the funding under
s. 256.12 (4) and
(5), including recommending a formula for allocating funds among ambulance service providers under
s. 256.12 (5).
256.04(9)
(9) Prepare written information on cardiocerebral resuscitation and provide the information to persons who offer certification in cardiopulmonary resuscitation.
256.08
256.08
State emergency medical services activities. 256.08(1)(1)
State emergency medical services plan. 256.08(1)(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.
256.08(1)(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.
256.08(1)(c)
(c) The department shall provide a copy of the state emergency medical services plan biennially to the legislature under
s. 13.172 (2).
256.08(2)
(2) 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.
256.08(3)
(3) 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. 256.12 or to regulation of emergency medical services.
256.08(4)
(4) Departmental duties. The department shall:
256.08(4)(a)
(a) Serve as the lead state agency for emergency medical services.
256.08(4)(b)
(b) Implement measures to achieve objectives that are set forth in the state emergency medical services plan under
sub. (1).
256.08(4)(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.
256.08(4)(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.
256.08(4)(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.
256.08(4)(f)
(f) Facilitate integration of ambulance service providers and hospitals in the same geographic area.
256.08(4)(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.
256.08(4)(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.
256.08(4)(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. 323.13 (1) (b) and coordinate emergency activities with the department of military affairs.
256.08(4)(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.
256.08(4)(k)
(k) Promulgate rules that set forth the authority and duties of medical directors and the state medical director for emergency medical services.
256.08 History
History: 1993 a. 251,
491;
1995 a. 247;
2007 a. 130 ss.
117,
125 to
129; Stats. 2007 s. 256.08;
2009 a. 42.
256.12
256.12
Emergency medical services programs. 256.12(2)
(2) Emergency medical services programs. 256.12(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.
256.12(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:
256.12(2)(b)1.
1. Provide administrative support and technical assistance to emergency medical services programs that use emergency medical technicians or ambulance service providers.
256.12(2)(b)2.
2. Coordinate the activities of agencies and organizations providing training for the delivery of emergency medical services.
256.12(2)(b)3.
3. Assist the development of training for emergency medical technicians.
256.12(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.
256.12(2)(b)5.
5. Assist hospitals in planning for appropriate and efficient handling of the critically ill and injured.
256.12(2m)
(2m) State medical director for emergency medical services program. 256.12(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 account under
s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.
256.12(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.
256.12(4)
(4) Support and improvement of ambulance services. 256.12(4)(a)(a) From the appropriation account under
s. 20.435 (1) (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. 256.15 (5).
256.12(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.
256.12(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.
256.12(5)
(5) Emergency medical technician training and examination aid. 256.12(5)(a)(a) From the appropriation account under
s. 20.435 (1) (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. 256.15 (6), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician — basic under
s. 256.15 (6) (a) 3. and
(b) 1.
256.12(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).
256.12(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.
256.12(7)
(7) Insurance. A physician who participates in an emergency medical services program under this section or as required under
s. 256.15 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).
256.12(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.
256.12 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;
2007 a. 130 ss.
130,
131,
137 to
149; Stats. 2007 s. 256.12;
2009 a. 28.
256.13
256.13
Cardiocerebral resuscitation. Any person who offers certification in cardiopulmonary resuscitation shall provide the written information on cardiocerebral resuscitation that is prepared by the emergency medical services board under
s. 256.04 (9) to each individual to whom the person provides instruction in cardiopulmonary resuscitation.
256.13 History
History: 2007 a. 104;
2009 a. 180 s.
124; Stats. 2009 s. 256.13.
256.15
256.15
Emergency medical services personnel; licensure; certification; training. 256.15(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:
256.15(1)(ag)1.
1. The person committing the felony causes bodily harm, great bodily harm, or death to another.
256.15(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.
256.15(1)(ag)3.
3. The person committing the felony uses force or violence or the threat of force or violence.
256.15(1)(cr)
(cr) "Automated external defibrillator" means a defibrillator device to which all of the following apply:
256.15(1)(cr)1.
1. It is approved for commercial distribution by the federal food and drug administration.
256.15(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.
256.15(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.
256.15(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.
256.15(1)(dm)
(dm) "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.
256.15(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.
256.15(1)(i)
(i) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
256.15(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.
256.15(1)(im)
(im) "Manual defibrillator" means a heart monitor and defibrillator that:
256.15(1)(im)1.
1. Is operated only after an operator has first analyzed and recognized an individual's cardiac rhythm;
256.15(1)(im)2.
2. Charges and delivers, only at the command of the operator, an electrical impulse to an individual's heart; and
256.15(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.
256.15(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.
256.15(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.
256.15(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.
256.15(2)
(2) License or certificate required. Except when acting under
s. 257.03, 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. Except when acting under
s. 257.03, 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). Except when acting under
s. 257.03, 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).
256.15(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.
256.15(4)
(4) Ambulance staffing; limitations; rules. 256.15(4)(a)(a) If a sick, disabled or injured individual is transported by ambulance, the following other individuals shall be present in the ambulance:
