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.
256.35
256.35
Statewide emergency services number. 256.35(1)(a)
(a) "Automatic location identification" means a system which has the ability to automatically identify the address of the telephone being used by the caller and to provide a display at the central location of a sophisticated system.
256.35(1)(b)
(b) "Automatic number identification" means a system which has the ability to automatically identify the caller's telephone number and to provide a display at the central location of a sophisticated system.
256.35(1)(c)
(c) "Basic system" means a telecommunications system which automatically connects a person dialing the digits "911" to a public safety answering point.
256.35(1)(d)
(d) "Department" means the department of administration.
256.35(1)(e)
(e) "Direct dispatch method" means a telecommunications system providing for the dispatch of an appropriate emergency service vehicle upon receipt of a telephone request for such service.
256.35(1)(f)
(f) "Public agency" means any municipality as defined in
s. 345.05 (1) (c) or any state agency which provides or is authorized by statute to provide fire fighting, law enforcement, ambulance, medical or other emergency services.
256.35(1)(g)
(g) "Public safety agency" means a functional division of a public agency which provides fire fighting, law enforcement, medical or other emergency services.
256.35(1)(gm)
(gm) "Public safety answering point" means a facility to which a call on a basic or sophisticated system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider or transfers the call to the appropriate emergency services provider.
256.35(1)(h)
(h) "Relay method" means a telecommunications system whereby a request for emergency services is received and relayed to a provider of emergency services by telephone.
256.35(1)(i)
(i) "Sophisticated system" means a basic system with automatic location identification and automatic number identification.
256.35(1)(k)
(k) "Transfer method" means a telecommunications system which receives telephone requests for emergency services and transfers such requests directly to an appropriate public safety agency or other provider of emergency services.
256.35(2)(a)(a) Every public agency may establish and maintain within its respective jurisdiction a basic or sophisticated system under this section. Such a system shall be in a central location.
256.35(2)(b)
(b) Every basic or sophisticated system established under this section shall be capable of transmitting requests for law enforcement, fire fighting and emergency medical and ambulance services to the public safety agencies providing such services. Such system may provide for transmittal of requests for poison control to the appropriate regional poison control center under
s. 255.35, suicide prevention and civil defense services and may be capable of transmitting requests to ambulance services provided by private corporations. If any agency of the state which provides law enforcement, fire fighting, emergency medical or ambulance services is located within the boundaries of a basic or sophisticated system established under this section, such system shall be capable of transmitting requests for the services of such agency to the agency.
256.35(2)(c)
(c) The digits "911" shall be the primary emergency telephone number within every basic or sophisticated system established under this section. A public agency or public safety agency located within the boundaries of a basic or sophisticated system established under this section shall maintain a separate 7-digit phone number for nonemergency telephone calls. Every such agency may maintain separate secondary 7-digit back-up numbers.
256.35(2)(d)
(d) Public agencies, including agencies with different territorial boundaries, may combine to establish a basic or sophisticated system established under this section.
256.35(2)(e)
(e) If a public agency or group of public agencies combined to establish an emergency phone system under
par. (d) has a population of 250,000 or more, such agency or group of agencies shall establish a sophisticated system.
256.35(2)(f)
(f) Every basic or sophisticated system established under this section shall utilize the direct dispatch method, the relay method or the transfer method.
256.35(2)(g)
(g) Every telecommunications utility providing coin-operated telephones for public use within the boundaries of a basic or sophisticated system established under this section shall convert, by December 31, 1987, all such telephones to telephones which enable a user to reach "911" without inserting a coin. Any coin-operated telephone installed by a telecommunications utility after December 31, 1987, in an agency which has established an emergency phone system under this section shall enable a user to reach "911" without inserting a coin.
256.35(2)(h)
(h) A commercial mobile radio service provider shall permit a user of the provider to access a basic or sophisticated system if the provider operates within the boundaries of a system.
256.35(2)(i)
(i) If a user reaches a basic or sophisticated system through a commercial mobile radio service provider and the service requested is to be provided outside of the jurisdiction served by the system, the public agency operating the system shall transfer the request for services to the appropriate jurisdiction.
256.35(3)
(3) Funding for countywide systems. 256.35(3)(a)2.
2. "Costs" means the costs incurred by a service supplier after August 1, 1987, in installing and maintaining the trunking and central office equipment used only to operate a basic or sophisticated system and the database used only to operate a sophisticated system.
256.35(3)(a)3.
3. "Service supplier" means a telecommunications utility which provides exchange telephone service within a county.
256.35(3)(a)4.
4. "Service user" means any person who is provided telephone service by a service supplier which includes access to a basic or sophisticated system.
256.35(3)(b)
(b)
Charge authorized. A county by ordinance may levy a charge on all service users in the county to finance the costs related to the establishment of a basic or sophisticated system in that county under
sub. (2) if:
256.35(3)(b)1.
1. The county has adopted by ordinance a plan for that system.
256.35(3)(b)2.
2. Every service user in that county has access to a system.
256.35(3)(b)3.
3. The county has entered into a contract with each service supplier in the county for the establishment of that system to the extent that each service supplier is capable of providing that system on a reasonable economic basis on the effective date of the contract and that contract includes all of the following:
256.35(3)(b)3.a.
a. The amount of nonrecurring charges service users in the county will pay for all nonrecurring services related to providing the trunking and central office equipment used only to operate a basic or sophisticated system established in that county and the database used only to operate that sophisticated system.
