256.15(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. 256.12 (4).
256.15(6)(c)2.
2. Certification, on a form developed and provided by the department, signed by a representative of the ambulance service provider and the clerk of each county, city, town or village served by the ambulance service provider, of the population and boundaries of the ambulance service provider's primary service or contract area in that county, city, town or village.
256.15(6g)
(6g) Certification for performance of defibrillation. 256.15(6g)(a)(a) Except as provided in
ss. 256.17 and
256.18, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.
256.15(6g)(b)
(b) A certificate issued under this subsection shall specify whether the holder of the certificate is authorized to perform defibrillation by use of any of the following:
256.15(6n)
(6n) Authorized actions of emergency medical technicians. An emergency medical technician may undertake only those actions that are authorized in rules promulgated under
sub. (13) (c).
256.15(7)
(7) Licensing in other jurisdictions. Except as provided in
ss. 256.17 and
256.18, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.
256.15(8)
(8) Certification of first responders. 256.15(8)(a)(a) Except as provided in
ss. 256.17 and
256.18, the department shall certify qualified applicants as first responders.
256.15(8)(b)
(b) To be eligible for initial certification as a first responder, except as provided in
ss. 256.17 and
256.18, an individual shall meet all of the following requirements:
256.15(8)(b)1.
1. The individual is 18 years of age or older and capable of performing the actions authorized under
par. (e), or in rules promulgated under
par. (e), for a first responder.
256.15(8)(b)3.
3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.
256.15(8)(c)
(c) To be eligible for a renewal of a certificate as a first responder, except as provided in
ss. 256.17 and
256.18, the holder of the certificate shall satisfactorily complete a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.
256.15(8)(d)
(d) The department may not charge a fee for a certificate initially issued or renewed under this subsection.
256.15(8)(e)
(e) A certified first responder is authorized to use an automated external defibrillator, as prescribed for first responders in rules promulgated by the department. The rules shall set forth authorization for the use of an automated external defibrillator or, for a defibrillator that may be operated in more than one mode, use as an automated external defibrillator only. A certified first responder is also authorized to employ other techniques, including the administration of nonvisualized advanced airways, and the administration of medications that are specified by the department by rule. In promulgating the rules under this paragraph, the department shall consult with the state medical director for emergency medical services and the emergency medical services board. The rule shall include those techniques that are specified in the most current guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5).
256.15(8)(f)
(f) Except as provided in
ss. 256.17 and
256.18, the department may issue a certificate as a first responder, without requiring satisfactory completion of any instruction or training that may be required under
par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders in this state, and that the applicant is otherwise qualified.
256.15(8)(g)
(g) The department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive a first responder certificate.
256.15(8m)
(8m) Qualifications for medical directors. The department shall promulgate rules that set forth qualifications for medical directors. Beginning on July 1, 1995, no ambulance service provider that offers services beyond basic life support services may employ, contract with or use the services of a physician to act as a medical director unless the physician is qualified under this subsection.
256.15(9)
(9) Training. The department may arrange for or approve courses of or instructional programs in or outside this state to meet the education and training requirements of this section, including training required for license or certificate renewal. If the department determines that an area or community need exists, the courses shall be offered at technical colleges in the area or community. Initial priority shall be given to the training of emergency medical technicians — basic serving the rural areas of the state. If an emergency medical technician — basic completes a course approved by the department on treatment of anaphylactic shock, the emergency medical technician — basic acts within the scope of the license if he or she performs injections or other treatment for anaphylactic shock under the direction of a physician.
256.15(9m)
(9m) Defibrillation training. The department shall promulgate rules requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders to successfully complete training on the use of an automated external defibrillator. The rules shall specify the content of the training, qualifications for providers of the training, and the frequency with which emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians or first responders must complete the training.
256.15 Cross-reference
Cross-reference: See also ch.
DHS 119, Wis. adm. code.
256.15(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.
256.15(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:
256.15(11)(a)
(a) To restrain or prevent action as an ambulance service provider by a person in violation of
sub. (2).
256.15(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.
256.15(11)(c)
(c) To restrain or prevent action as an emergency medical technician by an individual in violation of
sub. (2).
256.15(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.
256.15(11)(e)
(e) To restrain or prevent the establishment, management or operation of an ambulance service in violation of
sub. (4).
256.15(11)(f)
(f) To restrain or prevent action by a first responder in violation of this section or a rule promulgated under this section.
256.15(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
s. 252.15 (3m),
(6),
(8) and
(9), if applicable. Nothing in this paragraph or
ss. 146.81 to
146.84 permits disclosure to an ambulance service provider, an emergency medical technician or a first responder under
s. 252.15 (3m), except under
s. 252.15 (3m) (e).
256.15(12)(b)
(b) Notwithstanding
s. 146.82, 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.
256.15(13)(a)(a) The department may promulgate rules necessary for administration of this section.
256.15(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.
256.15 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;
2005 a. 25,
486;
2007 a. 104;
2007 a. 130 ss.
50 to
52,
55 to
57,
63 to
66,
69,
71 to
104; Stats. 2007 s. 256.15;
2009 a. 28,
42;
2009 a. 180 s.
123;
2009 a. 209.
256.15 Cross-reference
Cross-reference: See also chs.
DHS 110,
111,
112, and
113, Wis. adm. code.
256.15 Annotation
Malpractice liability of state officers and employees is discussed. 67 Atty. Gen. 145.
256.15 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.
256.17
256.17
Denial, nonrenewal and suspension of license, training permit or certification based on certain delinquency in payment. 256.17(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:
256.17(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 children and families. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
256.17(2)
(2) The department of health services may not disclose any information received under
sub. (1) to any person except to the department of children and families for the purpose of making certifications required under
s. 49.857.
256.17(3)
(3) The department of health 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 children and families 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 children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
256.17 History
History: 1997 a. 191;
1999 a. 9;
2007 a. 20 ss.
2863 to
2865,
9121 (6) (a);
2007 a. 130 ss.
105 to
110; Stats. 2007 s. 256.17.
256.18
256.18
Denial, nonrenewal and revocation of license, certification or permit based on tax delinquency. 256.18(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:
256.18(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 children and families. A license, training permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
256.18(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.
256.18(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).
256.18(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.
256.18 History
History: 1997 a. 237;
1999 a. 9;
2007 a. 20;
2007 a. 130 ss.
111 to
116; Stats. 2007 s. 256.18.
256.25
256.25
Statewide trauma care system. 256.25(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.
256.25(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.
256.25(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.
256.25(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:
256.25(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.
256.25(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:
256.25(3)(b)1.
1. An action taken or omitted by the staff member or individual in an official capacity.
256.25(3)(b)2.
2. A statement made in good faith by the staff member or individual in an official capacity.
256.25(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.
256.25 History
History: 1997 a. 154;
1999 a. 9;
2001 a. 16,
109;
2005 a. 315;
2007 a. 130 s.
150; Stats. 2007 s. 256.25.
256.25 Cross-reference
Cross-reference: See also ch.
DHS 118, Wis. adm. code.
256.30
256.30
Refusal or delay of emergency service. 256.30(1)
(1) In this section "hospital providing emergency services" means a hospital which the department has identified as providing some category of emergency service.
256.30(2)
(2) No hospital providing emergency services may refuse emergency treatment to any sick or injured person.
256.30(3)
(3) No hospital providing emergency services may delay emergency treatment to a sick or injured person until credit checks, financial information forms or promissory notes have been initiated, completed or signed if, in the opinion of one of the following, who is an employee, agent or staff member of the hospital, the delay is likely to cause increased medical complications, permanent disability or death:
256.30(3)(a)
(a) A physician, registered nurse or emergency medical technician — paramedic.
256.30(3)(b)
(b) A licensed practical nurse under the specific direction of a physician or registered nurse.
256.30(3)(c)
(c) A physician assistant or any other person under the specific direction of a physician.
256.30(3m)
(3m) Hospitals shall establish written procedures to be followed by emergency services personnel in carrying out
sub. (3).
256.30(4)
(4) No hospital may be expected to provide emergency services beyond its capabilities as identified by the department.
256.30(5)
(5) Each hospital providing emergency services shall create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.
256.30(6)
(6) The department shall identify the emergency services capabilities of all hospitals in this state and shall prepare a list of such services. The list shall be updated annually.
256.30(7)
(7) A hospital which violates this section may be fined not more than $1,000 for each offense.
256.30 History
History: 1977 c. 361;
1983 a. 273 s.
8;
1989 a. 102;
1993 a. 105;
2007 a. 130 s.
43; Stats. 2007 s. 256.30.
