Liability of state officers and employes
The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145
National Ski Patrol
Incidental benefits received by volunteer members of National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in loss of civil liability immunity under Good Samaritan Law. 79-194
Nursing home
A county health facility may not charge for non-medical assistance services given to medical assistance patients in excess of medical assistance rates without violating section 49.49, Stats. 73-68
Refusal of a higher level of care
Neither District Attorney nor Corporation Counsel have a duty to petition for protective placement, determination of incompetency or otherwise intervene where an apparently competent elderly person with life threatening illness chooses to remain at home under doctor's and family care rather than seek a higher level of care which might extend her life. 74-188
MEDICAL ASSISTANCE PROGRAM
See STATE MEDICAL ASSISTANCE PROGRAM
MEDICAL EXAMINERS, STATE BOARD OF
Chiropodists
Podiatrists may administer injections, perform and interpret laboratory work such as blood counts, and write prescriptions in connection with treatment of the feet without violating the Medical Practice Act. 62-156
Medical school instruction
Medical school instructor serving without compensation is ineligible to serve on Board of Medical Examiners. 62-193
MEDICAL EXAMINING BOARD
See also PHYSICIANS AND SURGEONS
Compatibility
By reason of sec. 15.08(1), Stats., as amended by ch. 221, Laws of 1979, a person is ineligible to continue to serve on the Medical Examining Board while also serving as an officer of the Wisconsin Psychiatric Association, Inc., because such association promotes or furthers the profession of medicine. "Substantial interest" under sec. 19.46(1)(e)2., Stats., also discussed. (Unpub.). 58-1980
Licenses and permits
The direction in sec. 448.02(3), Stats., that the Medical Examining Board render its decision within ninety days following the completion of the hearing is mandatory rather than directory. 72-147
Patients compensation panel finding should be reported
A finding of negligence by a patients compensation panel against a physician who is not a named party in the proceedings should be reported to the Medical Examining Board for investigation. 75-71
MEDICAL SCHOOL
See PHYSICIANS AND SURGEONS
MEDICAL TREATMENT
See MEDICAL AID; PHYSICIANS AND SURGEONS; PUBLIC ASSISTANCE; PUBLIC HEALTH
MEDICINE
See MEDICAL EXAMINERS, STATE BOARD OF; PHYSICIANS AND SURGEONS
MENOMINEE INDIANS
See also INDIANS
Arrest after fresh pursuit onto reservation
State and county conservation wardens and Sheriff's officers have authority under state law to arrest a Menominee Indian suspect on the reservation following fresh pursuit for an off-reservation violation of state law, if the arrest is one the officer is otherwise authorized to make. Although the State is generally obliged to comply with Menominee tribal extradition procedures, the State's personal jurisdiction over an Indian arrested under the circumstances described is probably not pre-empted by federal law. 74-245
Coroner
The positions of county coroner and tribal police officer are incompatible governmental positions but the positions of deputy county coroner and tribal conservation warden are not incompatible. 77-293
County-tribal law enforcement agreements
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Deputy sheriffs
The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
.42 Board
Individual Menominee Tribe members are eligible to participate in voluntary programs mandated by ch. 51, Stats., but the State cannot accept Tribe members into involuntary programs on the basis of tribal court orders alone. 70-219
Government services
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Jurisdiction
Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state jurisdiction will continue until the federal and tribal governments assume jurisdiction pursuant to the Menominee Restoration Act. Menominee County, or portions thereof, could be merged with an adjoining county or counties by procedures set forth in sec. 59.997, Wis. Stats., but any division of the County would require prior majority vote of the County's legal voters. 64-184
Jurisdictional relationship
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
Law Enforcememt
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Taxation
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et. seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Telecommunications
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Traffic laws
The State has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
MENTAL HEALTH ACT
Amendment
Amendment of the Mental Health Act as proposed in 1981 Assembly Bill 262 would be unconstitutional. 71-34
