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.
256.35(3)(b)3.b.
b. The amount of recurring charges service users in the county will pay for all recurring services related to the maintenance and operation of a basic or sophisticated system established in that county.
256.35(3)(b)3.c.
c. Every provision of any applicable schedule which the service supplier has filed with the commission under
s. 196.19 or
196.20, which is in effect on the date the county signs the contract and which is related to the provision of service for a basic or sophisticated system.
256.35(3)(b)4.
4. The charge is calculated, under a schedule filed under
s. 196.19 or
196.20, by dividing the costs related to establishing a basic or sophisticated system in that county by the total number of exchange access lines, or their equivalents, which are in the county and which are capable of accessing that system.
256.35(3)(b)5.
5. The charge is billed to service users in the county in a service supplier's regular billing to those service users.
256.35(3)(b)6.
6. Every public safety answering point in the system is in constant operation.
256.35(3)(b)7.
7. Every public safety agency in the county maintains a telephone number in addition to “911".
256.35(3)(b)8.a.
a. Twenty-five cents each month for each exchange access line or its equivalent in the county if the county has a population of 500,000 or more.
256.35(3)(b)8.b.
b. One dollar each month for each exchange access line or its equivalent if the county has a population of less than 500,000 and the county is recovering charges under
subd. 3. a.
256.35(3)(b)8.c.
c. Forty cents each month for each exchange access line or its equivalent if the county has a population of less than 500,000 and the county is not recovering charges under
subd. 3. a.
256.35(3)(c)
(c) If 2 or more counties combine under
sub. (2) (b) to establish a basic or sophisticated system, they may levy a charge under
par. (b) if every one of those counties adopts the same ordinance, as required under
par. (b).
256.35(3)(d)
(d) Charges under
par. (b) 3. a. may be recovered in rates assessed over a period not to exceed 36 months.
256.35(3)(e)
(e) If a county has more than one service supplier, the service suppliers in that county jointly shall determine the method by which each service supplier will be compensated for its costs in that county.
256.35(3)(f)1.1. Except as provided under
subd. 2., a service supplier which has signed a contract with a county under
par. (b) 3. may apply to the commission for authority to impose a surcharge on its service users who reside outside of that county and who have access to the basic or sophisticated system established by that county.
256.35(3)(f)2.
2. A service supplier may not impose a surcharge under
subd. 1. on any service user who resides in any governmental unit which has levied a property tax or other charge for a basic or sophisticated system, except that if the service user has access to a basic or sophisticated system provided by the service supplier, the service supplier may impose a surcharge under
subd. 1. for the recurring services related to the maintenance and operation of that system.
256.35(3)(f)3.
3. The surcharge under
subd. 1. shall be equal to the charge levied under
par. (b) by that county on service users in that county. A contract under
par. (b) 3. may be conditioned upon the commission's approval of such a surcharge. The commission's approval under this paragraph may be granted without a hearing.
256.35(3)(g)
(g) No service supplier may bill any service user for a charge levied by a county under
par. (b) unless the service supplier is actually participating in the countywide operation of a basic or sophisticated system in that county.
256.35(3)(h)
(h) Every service user subject to and billed for a charge under this subsection is liable for that charge until the service user pays the charge to the service supplier.
256.35(3)(i)
(i) Any rate schedule filed under
s. 196.19 or
196.20 under which a service supplier collects a charge under this subsection shall include the condition that the contract which established the charge under
par. (b) 3. is compensatory and shall include any other condition and procedure required by the commission in the public interest. Within 20 days after that contract or an amendment to that contract has been executed, the service supplier which is a party to the contract shall submit the contract to the commission. The commission may disapprove the contract or an amendment to the contract if the commission determines within 60 days after the contract is received that the contract is not compensatory, is excessive or does not comply with that rate schedule. The commission shall give notice to any person, upon request, that such a contract has been received by the commission. The notice shall identify the service supplier and the county that have entered into the contract.
256.35(3)(j)
(j) A service supplier providing telephone service in a county, upon request of that county, shall provide the county information on its capability and an estimate of its costs to install and maintain trunking and central office equipment to operate a basic or sophisticated system in that county and the database required to operate a sophisticated system.
256.35(3m)(a)3.
3. “Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.
256.35(3m)(a)4.
4. “Local government" means a city, village, town, or county, or an entity formed by a contract under
s. 66.0301 (2) by a city, village, town, or county.
256.35(3m)(a)5.
5. “Reimbursement period" means the period beginning on September 3, 2003, and ending on the last day of the 3-year period beginning on the first day of the 2nd month beginning after the effective date of the rules promulgated under
par. (f) 1.
256.35(3m)(a)6.
6. “Wireless provider" means a commercial mobile radio service provider that is subject to the federal wireless orders.
