AB316: Bill Text

AB316, s. 232 Section 232. 166.23 (title) of the statutes is repealed.

AB316, s. 233 Section 233. 166.23 (1) of the statutes is renumbered 323.11 and amended to read:

AB316,67,9 323.11 Declaration by local government. Notwithstanding any other provision of law to the contrary, the The governing body of any county, city, village, or town is empowered to local unit of government may declare, by ordinance or resolution, an emergency existing within the county, city, village, or town local unit of government whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, a riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection , or other vital facilities critical systems of the county, city, village, or town local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

AB316, s. 234 Section 234. 166.23 (2) of the statutes is renumbered 323.14 (4) (a) and amended to read:

AB316,67,22 323.14 (4) (a) The emergency power of the governing body conferred under sub. (1) s. 323.11 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare and good order of the county, city, village, or town persons and property within the local unit of government in the emergency and includes without limitation because of enumeration the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of chs. 341 to 349 or any other provisions of law. The governing body of the county, city, village, or town may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each separate offense.

AB316, s. 235 Section 235. 166.23 (2m) of the statutes is renumbered 323.14 (3) (a) and amended to read:

AB316,68,6 323.14 (3) (a) If the governing body of a county, city, village, or town local unit of government declares an emergency under sub. (1) s. 323.11 and intends to make use of behavioral health providers, health care providers, pupil services providers, or substance abuse prevention providers volunteer health care practitioners, as specified in s. 250.042 (4) 257.03, the governing body or its agent shall, as soon as possible, notify the department of health services of this intent.

AB316, s. 236 Section 236. 166.23 (3) of the statutes is renumbered 323.14 (4) (b) and amended to read:

AB316,68,18 323.14 (4) (b) If, because of the emergency conditions, the governing body of the county, city, village, or town local unit of government is unable to meet with promptness promptly, the chief executive officer or acting chief executive officer of any county, city, village, or town local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under sub. (1) or (2) which within the discretion of the officer par. (a) or s. 323.11 that appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.

AB316, s. 237 Section 237. 166.25 of the statutes is renumbered 323.24 and amended to read:

AB316,68,25 323.24 Prohibition against restricting firearms or ammunition during emergency. A person who is granted emergency powers under s. 166.03 or 166.23 this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency.

AB316, s. 238 Section 238. 166.30 of the statutes is renumbered 323.80.

AB316, s. 239 Section 239. 250.01 (intro.) of the statutes is amended to read:

AB316,69,4 250.01 Definitions. (intro.) In chs. 250 to 256 257, unless the context requires otherwise:

AB316, s. 240 Section 240. 250.01 (6g) of the statutes is amended to read:

AB316,69,9 250.01 (6g) "Public health authority" means the department, if the governor declares under s. 166.03 (1) (b) 1. 323.10 a state of emergency related to public health and designates the department as the lead state agency to respond to that emergency.

AB316, s. 241 Section 241. 250.01 (6r) of the statutes is amended to read:

AB316,69,12 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7) 323.02 (16).

AB316, s. 242 Section 242. 250.03 (3) (a) (intro.) of the statutes is amended to read:

AB316,69,19 250.03 (3) (a) (intro.) No later than 90 days after a state of emergency relating to public health is declared and the department is designated under s. 166.03 (1) (b) 1. 323.10 as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

AB316, s. 243 Section 243. 250.042 (1) of the statutes is amended to read:

AB316,70,5 250.042 (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. 323.10 and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. The department shall ensure that the emergency operations during the state of emergency are conducted using the incident command system required under s. 166.03 (2) (a) 1. 323.13 (1) (b). During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority.

AB316, s. 244 Section 244. 250.042 (4) (a) (intro.) of the statutes is repealed.

AB316, s. 245 Section 245. 250.042 (4) (a) 1. of the statutes is renumbered 257.01 (1) (intro.) and amended to read:

AB316,70,9 257.01 (1) (intro.) "Behavioral health provider" means an any of the following:

AB316,70,14 (a) An individual who at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has, under chapter ch. 455, been is licensed as a psychologist or has, under ch. 457, been is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.

AB316, s. 246 Section 246. 250.042 (4) (a) 2. of the statutes is renumbered 257.01 (4).

AB316, s. 247 Section 247. 250.042 (4) (a) 3. of the statutes is renumbered 257.01 (5) (intro.) and amended to read:

AB316,70,18 257.01 (5) (intro.) "Health care provider" means an any of the following:

AB316,70,25 (a) An individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has met requirements for a nurse aide under s. 146.40 (2) (a), (c), (e), (em), or (g), has been is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian under ch. 453, or has been certified as a respiratory care practitioner under ch. 448.

AB316, s. 248 Section 248. 250.042 (4) (a) 3m. of the statutes is renumbered 257.01 (6).

AB316, s. 249 Section 249. 250.042 (4) (a) 4. of the statutes is renumbered 257.01 (9) (intro.) and amended to read:

AB316,71,4 257.01 (9) (intro.) "Pupil services provider" means an any of the following:

AB316,71,8 (a) An individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has been is licensed as a school counselor, school psychologist, or school social worker under rules promulgated by the department of public instruction.

AB316, s. 250 Section 250. 250.042 (4) (a) 5. of the statutes is renumbered 257.01 (11) (intro.) and amended to read:

AB316,71,12 257.01 (11) (intro.) "Substance abuse prevention provider" means an any of the following:

AB316,71,17 (a) An individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has been is certified as a counselor, supervisor, or specialist described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on January 20, 2006, or has been certified as a substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.

AB316, s. 251 Section 251. 250.042 (4) (b) of the statutes is renumbered 257.03 (1) (intro.) and amended to read:

AB316,72,7 257.03 (1) (intro.) A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider Except as provided in sub. (3), a practitioner who, during a state of emergency declared under s. 166.03 (1) (b) 1. or 166.23 and in a geographic area in which the state of emergency applies, provides behavioral health services, health care services, pupil services, or substance abuse prevention services for which the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider individual is or has been licensed or , certified, registered, or, as in the case of a nurse aide, has met requirements under s. 146.40 qualified, is, for any claim arising from the provision of these the services , a state agent of the department for purposes of under ss. 165.25 (6), 893.82, and 895.46 and, except as provided in sub. (2), is considered an employee of the state for purposes of worker's compensation benefits. under ch. 102 if all of the following apply:

AB316,72,15 (a) The behavioral health services , health care services, pupil services, or substance abuse prevention services shall be are provided on behalf of a health care facility or mass clinic on a voluntary, unpaid basis, except that the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider may accept reimbursement for travel, lodging, and meals. The health care facility on whose behalf the services are provided is, for the provision of the services, a state agent of the department for purposes of ss. 165.25 (6), 893.82, and 895.46, or at the request of the department or a local health department.

AB316, s. 252 Section 252. 250.042 (4) (c) of the statutes is repealed.

AB316, s. 253 Section 253. 252.06 (10) (c) of the statutes is amended to read:

AB316,72,23 252.06 (10) (c) All expenses incurred by a local health department, or by an entity designated as a local health department by a federally recognized American Indian tribe or band in this state, in quarantining a person outside his or her home during a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. 323.10 and not reimbursed from federal funds shall be paid for under either of the following, as appropriate:

AB316,72,25 1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1. 323.10, from the appropriation under s. 20.435 (1) (c).

AB316,73,2 2. If the governor does not designate the department as the lead state agency under s. 166.03 (1) (b) 1. 323.10, from the appropriation under s. 20.465 (3) (e).

AB316, s. 254 Section 254. 254.34 (1) (am) of the statutes is amended to read:

AB316,73,9 254.34 (1) (am) A rule identical to a rule specified under par. (a) may be promulgated by a state agency other than the department and an ordinance identical to a rule specified under par. (a) may be enacted by a local governmental unit, but no rule may be promulgated or ordinance may be enacted that differs from a rule under par. (a) and relates to the same subject area except as provided under ss. 166.03 (2) (b) 6., 293.15 (8) and, 293.25, and 323.13 (2) (f).

AB316, s. 255 Section 255. 256.08 (4) (i) of the statutes is amended to read:

AB316,73,14 256.08 (4) (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. 166.03 (2) (a) 1. 323.13 (1) (b) and coordinate emergency activities with the department of military affairs.

AB316, s. 256 Section 256. 256.15 (2) of the statutes is amended to read:

AB316,73,24 256.15 (2) License or certificate required. No 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. No 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). No 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).

AB316, s. 257 Section 257. Chapter 257 (title) of the statutes is created to read:

AB316,74,3 Chapter 257 Emergency volunteer Health care practitioners

AB316, s. 258 Section 258. 257.01 (intro.) of the statutes is created to read:

AB316,74,5 257.01 Definitions. (intro.) In this chapter:

AB316, s. 259 Section 259. 257.01 (1) (b) and (c) of the statutes are created to read:

AB316,74,11 257.01 (1) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a psychologist under ch. 455 or certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor under ch. 457, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

AB316,74,15 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is licensed or certified to perform.

AB316, s. 260 Section 260. 257.01 (2) of the statutes is created to read:

AB316,74,17 257.01 (2) "Emergency medical services provider" means any of the following:

AB316,74,19 (a) An individual who is licensed as an emergency medical technician or certified as a first responder under s. 256.15.

AB316,74,23 (b) An individual who was at any time in the previous 10 years, but is not currently, licensed as an emergency medical technician or certified as a first responder under s. 256.15, if the individual's license was never revoked, limited, suspended, or denied renewal.

AB316,75,2 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is licensed or certified to perform.

AB316, s. 261 Section 261. 257.01 (3) of the statutes is created to read:

AB316,75,4 257.01 (3) "Funeral director" means any of the following:

AB316,75,5 (a) An individual who is licensed as a funeral director under ch. 445.

AB316,75,8 (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a funeral director under ch. 445, if the individual's license was never revoked, limited, suspended, or denied renewal.

AB316,75,12 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is licensed to perform.

AB316, s. 262 Section 262. 257.01 (5) (b) and (c) of the statutes are created to read:

AB316,75,20 257.01 (5) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

AB316,75,24 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is licensed or certified to perform.

AB316, s. 263 Section 263. 257.01 (7) of the statutes is created to read:

AB316,76,1 257.01 (7) "Nurse aide" means any of the following:

AB316,76,3 (a) An individual who satisfies the requirements for a nurse aide under s. 146.40 (2) (a), (c), (e), (em), or (g).

AB316,76,7 (b) An individual who did at any time within the previous 10 years, but does not currently, satisfy the requirements for a nurse aide under s. 146.40 (2) (a), (c), (e), (em), or (g), if the individual's name has never been listed under s. 146.40 (4g) (a) 2., 2005 stats., or s. 146.40 (4g) (a) 2.

AB316,76,11 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is qualified to perform.

AB316, s. 264 Section 264. 257.01 (8) of the statutes is created to read:

AB316,76,15 257.01 (8) "Practitioner" means a behavioral health provider, emergency medical services provider, funeral director, health care provider, nurse aide, pupil services provider, substance abuse prevention provider, or veterinary provider.

AB316, s. 265 Section 265. 257.01 (9) (b) and (c) of the statutes are created to read:

AB316,76,20 257.01 (9) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a school counselor, a school psychologist, or a school social worker under rules promulgated by the department of public instruction, if the individual's license was never revoked, limited, suspended, or denied renewal.

AB316,76,24 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is licensed to perform.

AB316, s. 266 Section 266. 257.01 (10) of the statutes is created to read:

AB316,77,2 257.01 (10) "State of emergency" means a state of emergency declared under s. 323.10 or 323.11 or a federal state of emergency.

AB316, s. 267 Section 267. 257.01 (11) (b) and (c) of the statutes are created to read:

AB316,77,9 257.01 (11) (b) An individual who was at any time in the previous 10 years, but is not currently, certified as a counselor, supervisor, or specialist described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on January 20, 2006, or certified as a substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, if the individual's certification was never revoked, limited, suspended, or denied renewal.

AB316,77,13 (c) An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual under par. (a) is certified to perform.

AB316, s. 268 Section 268. 257.01 (12) of the statutes is created to read:

AB316,77,15 257.01 (12) "Veterinary provider" means any of the following:

AB316,77,17 (a) An individual who is licensed as a veterinarian or certified as a veterinary technician under ch. 453.