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LRB-4521/1
JPC:amn
2021 - 2022 LEGISLATURE
November 30, 2021 - Introduced by Senators Jacque and Ringhand, cosponsored
by Representatives Tranel, Novak, Billings, Murphy, Oldenburg, Spiros,
Tittl, Kerkman, Petryk, Kuglitsch and Wichgers. Referred to Committee on
Insurance, Licensing and Forestry.
SB736,2,2 1An Act to amend 16.25 (1) (am), 48.195 (1), 48.685 (1) (ag) 2., 50.065 (1) (ag) 2.,
266.0137 (1) (ah), 102.03 (1) (c) 2., 103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a),
3109.03 (1) (e), 111.91 (2) (gu), 118.29 (1) (c), 146.37 (1) (a), 146.38 (1) (b) 1., 146.81
4(4), 146.997 (1) (d) 14., 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a), 154.225 (2)
5(a), 154.25 (6), 157.06 (12) (a) 1., 252.15 (5g) (a) 1., 256.01 (intro.), 256.12 (2) (a),
6340.01 (3) (dm) 2., 340.01 (74p) (f), 343.23 (2) (a) 1., 440.9805 (1), 891.453 (1) (b),
7895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2., 895.48 (4) (am)
8(intro.), 895.484 (2) (d), 940.20 (7) (b), 941.20 (1m) (b), 941.37 (1) (c), 941.375 (1)
9(b) and 961.443 (1) (b); and to create 14.89, 48.981 (2) (a) 28m., 97.67 (5m) (a)
106m., 146.81 (1) (t), 252.14 (1) (ar) 16., subchapter I (title) of chapter 256
11[precedes 256.01], subchapter II of chapter 256 [precedes 256.60] and 257.01 (2)

1(am) of the statutes; relating to: Emergency Medical Services Personnel
2Licensure Interstate Compact and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Emergency Medical Services
Personnel Licensure Interstate Compact (compact), which provides emergency
medical services personnel the ability to obtain a “privilege to practice” in a remote
state without obtaining a license in that remote state. Under the bill, “privilege to
practice” means an individual's authority to deliver emergency medical services in
remote states as authorized under the compact, “member state” means a state that
has enacted the compact, “home state” means a member state where an individual
is licensed to practice emergency medical services, and “remote state” means a
member state in which an individual is not licensed. Significant provisions of the
compact as ratified in the bill include:
1. The compact establishes a joint public agency called the Interstate
Commission for Emergency Medical Services Personnel Practice. Each member
state has one delegate to the commission. The commission meets at least once during
each calendar year. The commission has the authority to promulgate bylaws that
regulate the activities of the commission, and rules binding on the member states.
The compact prescribes a rule-making process that requires public notice and
opportunity for comment. The commission delegates vote on all proposed rules by
majority vote. Further, the commission has the power to bring and prosecute legal
proceedings, to purchase and maintain insurance and bonds, to hire employees, and
to take other actions appropriately related to the function of the commission. All
meetings of the commission are open to the public unless closed to discuss sensitive
matters. If a meeting of the commission is closed to the public, the compact requires
that meeting minutes be prepared and kept under seal.
2. Under the compact, a home state's license authorizes an individual who
holds that license to practice in a remote state under a privilege to practice if the
home state meets certain conditions. Those conditions include that the home state
has a mechanism in place for receiving and investigating complaints about
individuals, and the home state requires a criminal background check of all
applicants for initial licensure. If the home state is in compliance with the conditions
of the compact, then an individual licensed in the home state has a privilege to
practice in all other member states under the conditions set by the compact. Under
the compact, an individual practicing in a remote state is subject to the remote state's
authority and laws. Besides the conditions of membership in the compact, the
compact does not affect the authority of a member state to issue a license or to
establish requirements for the license.
3. Under the compact, a state has the exclusive power to impose adverse action
against an individual's license that is issued by that state. If an individual's license
in any home state is restricted or suspended, the individual is not eligible to practice
in a remote state until the individual's home state license is restored. Further, under

the compact, a member state has the authority to issue subpoenas for both hearings
and investigations that require the attendance and testimony of witnesses and the
production of evidence. A subpoena issued in a member state may be enforced in a
remote state by any court of competent jurisdiction.
4. The compact requires the commission to develop and maintain a coordinated
database and reporting system that contains information related to licensed
individuals, adverse actions taken, and significant investigatory information on all
licensed individuals. Under the compact, each member state is required to submit
a uniform data set to the coordinated database on all individuals to whom the
compact is applicable.
5. The compact provides that the executive, legislative, and judicial branches
of state government in each member state are responsible for enforcing the compact
and taking action necessary to effectuate its purpose. If the commission determines
that a member state has defaulted in its performance of the compact, the compact
requires the commission to provide written notice to the defaulting state and to
provide remedial training and technical assistance to cure the default. If a state fails
to cure the default, the compact provides that the defaulting state may be terminated
from the compact upon a majority vote of the other member states. If the commission
votes to terminate a defaulting state from the compact, all rights, privileges, and
benefits conferred by the compact are terminated as of the effective date of the
termination. Termination may only be imposed after all other means of securing
compliance have been exhausted.
Finally, this bill implements the compact by allowing the Department of Health
Services to promulgate rules necessary to implement the compact, and incorporates
references to those individuals who have a privilege to practice under the compact
into relevant statutory provisions related to emergency medical services and
personnel.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB736,1 1Section 1. 14.89 of the statutes is created to read:
SB736,4,2 214.89 Emergency medical services personnel licensure interstate
3compact.
There is created an emergency medical services personnel licensure
4interstate compact commission as specified in s. 256.60. The administrator of the
5commission representing this state shall be the responsible official of the state EMS
6authority, as defined in s. 256.60 (2) (s), or his or her designee as provided in s. 256.60

1(10) (b) 1. The commission has the powers and duties granted and imposed under
2s. 256.60.
SB736,2 3Section 2. 16.25 (1) (am) of the statutes is amended to read:
SB736,4,64 16.25 (1) (am) “Emergency medical responder" means an individual certified
5under s. 256.15 (8) (a) or an individual with a privilege to practice, as defined in s.
6256.60 (2) (L)
.
SB736,3 7Section 3 . 48.195 (1) of the statutes is amended to read:
SB736,5,58 48.195 (1) Taking child into custody. In addition to being taken into custody
9under s. 48.19, a child whom a law enforcement officer, emergency medical services
10practitioner, as defined in s. 256.01 (5), individual with a privilege to practice, as
11defined in s. 256.60 (2) (L),
or hospital staff member reasonably believes to be 72
12hours old or younger may be taken into custody under circumstances in which a
13parent of the child relinquishes custody of the child to the law enforcement officer,
14emergency medical services practitioner, individual with a privilege to practice, or
15hospital staff member and does not express an intent to return for the child. If a
16parent who wishes to relinquish custody of his or her child under this subsection is
17unable to travel to a sheriff's office, police station, fire station, hospital, or other place
18where a law enforcement officer, emergency medical services practitioner, individual
19with a privilege to practice,
or hospital staff member is located, the parent may dial
20the telephone number “911" or, in an area in which the telephone number “911" is not
21available, the number for an emergency medical service provider, and the person
22receiving the call shall dispatch a law enforcement officer or, emergency medical
23services practitioner, or individual with a privilege to practice to meet the parent and
24take the child into custody. A law enforcement officer, emergency medical services
25practitioner, individual with a privilege to practice, or hospital staff member who

1takes a child into custody under this subsection shall take any action necessary to
2protect the health and safety of the child, shall, within 24 hours after taking the child
3into custody, deliver the child to the intake worker under s. 48.20, and shall, within
45 days after taking the child into custody, file a birth record for the child under s.
569.14 (3).
SB736,4 6Section 4. 48.685 (1) (ag) 2. of the statutes is amended to read:
SB736,5,147 48.685 (1) (ag) 2. “Caregiver" does not include a person who is certified as an
8emergency medical services practitioner under s. 256.15 if the person is employed,
9or seeking employment, as an emergency medical services practitioner and does not
10include a person who is certified as an emergency medical responder under s. 256.15
11if the person is employed, or seeking employment, as an emergency medical
12responder. “Caregiver” does not include a person who has a privilege to practice, as
13defined in s. 256.60 (2) (L), if the person is employed, or seeking employment, to
14deliver emergency medical services in this state.
SB736,5 15Section 5. 48.981 (2) (a) 28m. of the statutes is created to read:
SB736,5,1716 48.981 (2) (a) 28m. An individual with a privilege to practice, as defined in s.
17256.60 (2) (L).
SB736,6 18Section 6. 50.065 (1) (ag) 2. of the statutes is amended to read:
SB736,6,219 50.065 (1) (ag) 2. “Caregiver" does not include a person who is certified as an
20emergency medical services practitioner under s. 256.15 if the person is employed,
21or seeking employment, as an emergency medical services practitioner and does not
22include a person who is certified as an emergency medical responder under s. 256.15
23if the person is employed, or seeking employment, as an emergency medical
24responder. “Caregiver” does not include a person who has a privilege to practice, as

1defined in s. 256.60 (2) (L), if the person is employed, or seeking employment, to
2deliver emergency medical services in this state.
SB736,7 3Section 7 . 66.0137 (1) (ah) of the statutes is amended to read:
SB736,6,84 66.0137 (1) (ah) “Emergency medical services practitioner” has the meaning
5given in s. 256.01 (5), except that in this section it includes an individual with a
6privilege to practice, as defined in s. 256.60 (2) (L), and
applies only to an individual
7who is employed directly by a political subdivision or by a joint emergency medical
8services department operated jointly by 2 or more political subdivisions.
SB736,8 9Section 8. 97.67 (5m) (a) 6m. of the statutes is created to read:
SB736,6,1110 97.67 (5m) (a) 6m. An individual with a privilege to practice, as defined in s.
11256.60 (2) (L).
SB736,9 12Section 9. 102.03 (1) (c) 2. of the statutes is amended to read:
SB736,7,213 102.03 (1) (c) 2. Any employee going to and from his or her employment in the
14ordinary and usual way, while on the premises of the employer, or while in the
15immediate vicinity of those premises if the injury results from an occurrence on the
16premises; any employee going between an employer's designated parking lot and the
17employer's work premises while on a direct route and in the ordinary and usual way;
18any volunteer fire fighter, emergency medical responder, emergency medical
19services practitioner, individual with a privilege to practice, as defined in s. 256.60
20(2) (L),
rescue squad member, or diving team member while responding to a call for
21assistance, from the time of the call for assistance to the time of his or her return from
22responding to that call, including traveling to and from any place to respond to and
23return from that call, but excluding any deviations for private or personal purposes;
24or any fire fighter or municipal utility employee responding to a call for assistance

1outside the limits of his or her city or village, unless that response is in violation of
2law, is performing service growing out of and incidental to employment.
SB736,10 3Section 10. 103.88 (2) of the statutes is amended to read:
SB736,7,134 103.88 (2) Absence from work permitted. An employer shall permit an
5employee who is a volunteer fire fighter, emergency medical services practitioner,
6emergency medical responder, individual with a privilege to practice, as defined in
7s. 256.60 (2) (L),
or ambulance driver for a volunteer fire department or fire company,
8a public agency, or a nonprofit corporation to be late for or absent from work if the
9lateness or absence is due to the employee responding to an emergency that begins
10before the employee is required to report to work and if the employee complies with
11sub. (3) (a). This subsection does not entitle an employee to receive wages or salary
12for the time the employee is absent from work due to responding to an emergency as
13provided in this subsection.
SB736,11 14Section 11. 103.88 (3) (a) 1. of the statutes is amended to read:
SB736,7,2315 103.88 (3) (a) 1. By no later than 30 days after becoming a member of a
16volunteer fire department or fire company or becoming affiliated with an ambulance
17service provider, submits to the employee's employer a written statement signed by
18the chief of the volunteer fire department or fire company or by the person in charge
19of the ambulance service provider notifying the employer that the employee is a
20volunteer fire fighter, emergency medical services practitioner, emergency medical
21responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or
22ambulance driver for a volunteer fire department or fire company, a public agency,
23or a nonprofit corporation.
SB736,12 24Section 12. 108.05 (3) (a) of the statutes is amended to read:
SB736,8,16
1108.05 (3) (a) Except as provided in pars. (c), (d) and (dm) and s. 108.062, if an
2eligible employee earns wages in a given week, the first $30 of the wages shall be
3disregarded and the employee's applicable weekly benefit payment shall be reduced
4by 67 percent of the remaining amount, except that no such employee is eligible for
5benefits if the employee's benefit payment would be less than $5 for any week. For
6purposes of this paragraph, “wages" includes any salary reduction amounts earned
7that are not wages and that are deducted from the salary of a claimant by an
8employer pursuant to a salary reduction agreement under a cafeteria plan, within
9the meaning of 26 USC 125, and any amount that a claimant would have earned in
10available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1)
11(bm), but excludes any amount that a claimant earns for services performed as a
12volunteer fire fighter, volunteer emergency medical services practitioner, or
13volunteer emergency medical responder, including services performed as an
14individual with a privilege to practice, as defined in s. 256.60 (2) (L)
. In applying this
15paragraph, the department shall disregard discrepancies of less than $2 between
16wages reported by employees and employers.
SB736,13 17Section 13 . 109.03 (1) (e) of the statutes is amended to read:
SB736,9,218 109.03 (1) (e) A part-time fire fighter or, a part-time emergency medical
19services practitioner, as defined in s. 256.01 (5), or an individual with a privilege to
20practice, as defined in s. 256.60 (2) (L),
who is a member of a volunteer fire
21department or emergency medical services program maintained by a county, city,
22village, or town or of a volunteer fire company organized under ch. 181 or ch. 213 and
23who, by agreement between the fire fighter or, emergency medical services
24practitioner, or individual with a privilege to practice and the entity employing the

1fire fighter or, emergency medical services practitioner, or individual with a privilege
2to practice
is paid at regular intervals, but no less often than annually.
SB736,14 3Section 14. 111.91 (2) (gu) of the statutes is amended to read:
SB736,9,104 111.91 (2) (gu) The right of a public safety employee, who is an employee, as
5defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical services
6practitioner, emergency medical responder, individual with a privilege to practice,
7as defined in s. 256.60 (2) (L),
or ambulance driver for a volunteer fire department
8or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit
9corporation, as defined in s. 256.01 (12), to respond to an emergency as provided
10under s. 103.88 (2).
SB736,15 11Section 15. 118.29 (1) (c) of the statutes is amended to read:
SB736,9,1612 118.29 (1) (c) “Health care professional" means a person licensed as an
13emergency medical services practitioner under s. 256.15, a person certified as an
14emergency medical responder under s. 256.15 (8), a person with a privilege to
15practice, as defined in s. 256.60 (2) (L),
or any person licensed, certified, permitted
16or registered under chs. 441 or 446 to 449.
SB736,16 17Section 16. 146.37 (1) (a) of the statutes is amended to read:
SB736,9,2118 146.37 (1) (a) “Health care provider" includes an ambulance service provider,
19as defined in s. 256.01 (3), and an emergency medical services practitioner, as defined
20in s. 256.01 (5), an individual with a privilege to practice, as defined in s. 256.60 (2)
21(L),
and an emergency medical responder, as defined in s. 256.01 (4p).
SB736,17 22Section 17 . 146.37 (1) (a) of the statutes is amended to read:
SB736,9,2423 146.37 (1) (a) “Health care provider" includes an ambulance service provider,
24as defined in s. 256.01 (3), and an emergency medical services practitioner, as defined

1in s. 256.01 (5), and an emergency medical responder, as defined in s. 256.01 (4p), and
2an individual with a privilege to practice, as defined in s. 256.60 (2) (L)
.
SB736,18 3Section 18 . 146.38 (1) (b) 1. of the statutes is amended to read:
SB736,10,44 146.38 (1) (b) 1. A person specified in s. 146.81 (1) (a) to (hp), (r), or (s), or (t).
SB736,19 5Section 19. 146.81 (1) (t) of the statutes is created to read:
SB736,10,76 146.81 (1) (t) An individual with a privilege to practice, as defined in s. 256.60
7(2) (L).
SB736,20 8Section 20. 146.81 (4) of the statutes is amended to read:
SB736,10,249 146.81 (4) “Patient health care records" means all records related to the health
10of a patient prepared by or under the supervision of a health care provider; and all
11records made by an ambulance service provider, as defined in s. 256.01 (3), an
12emergency medical services practitioner, as defined in s. 256.01 (5), or an emergency
13medical responder, as defined in s. 256.01 (4p), or an individual with a privilege to
14practice, as defined in s. 256.60 (2) (L),
in administering emergency care procedures
15to and handling and transporting sick, disabled, or injured individuals. “ Patient
16health care records" includes billing statements and invoices for treatment or
17services provided by a health care provider and includes health summary forms
18prepared under s. 302.388 (2). “Patient health care records" does not include those
19records subject to s. 51.30, reports collected under s. 69.186, records of tests
20administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or
21(5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c),
22that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as
23defined under s. 146.817 (1), or a pupil's physical health records maintained by a
24school under s. 118.125.
SB736,21 25Section 21. 146.997 (1) (d) 14. of the statutes is amended to read:
SB736,11,3
1146.997 (1) (d) 14. An emergency medical services practitioner licensed under
2s. 256.15 (5) or, an emergency medical responder, or an individual with a privilege
3to practice, as defined in s. 256.60 (2) (L)
.
SB736,22 4Section 22 . 154.19 (3) (a) of the statutes is amended to read:
SB736,11,105 154.19 (3) (a) Except as provided in par. (b), emergency medical services
6practitioners, as defined in s. 256.01 (5), emergency medical responders, as defined
7in s. 256.01 (4p), individuals with a privilege to practice, as defined in s. 256.60 (2)
8(L),
and emergency health care facilities personnel shall follow do-not-resuscitate
9orders. The procedures used in following a do-not-resuscitate order shall be in
10accordance with any procedures established by the department by rule.
SB736,23 11Section 23 . 154.19 (3) (b) 3. of the statutes is amended to read:
SB736,11,1412 154.19 (3) (b) 3. The emergency medical services practitioner, emergency
13medical responder, individual with a privilege to practice, or member of the
14emergency health care facility knows that the patient is pregnant.
SB736,24 15Section 24 . 154.21 (1) (a) of the statutes is amended to read:
SB736,11,2216 154.21 (1) (a) The patient expresses to an emergency medical services
17practitioner, to an emergency medical responder, to an individual with a privilege to
18practice, as defined in s. 256.60 (2) (L),
or to a person who serves as a member of an
19emergency health care facility's personnel the desire to be resuscitated. The
20emergency medical services practitioner, emergency medical responder, individual
21with a privilege to practice,
or the member of the emergency health care facility shall
22promptly remove the do-not-resuscitate bracelet.
SB736,25 23Section 25 . 154.225 (2) (a) of the statutes is amended to read:
SB736,12,524 154.225 (2) (a) The guardian or health care agent directs an emergency medical
25services practitioner, an emergency medical responder, an individual with a

1privilege to practice, as defined in s. 256.60 (2) (L),
or a person who serves as a
2member of an emergency health care facility's personnel to resuscitate the patient.
3The emergency medical services practitioner, the emergency medical responder,
4individual with a privilege to practice, or the member of the emergency health care
5facility shall promptly remove the do-not-resuscitate bracelet.
SB736,26 6Section 26 . 154.25 (6) of the statutes is amended to read:
SB736,12,127 154.25 (6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet
8that has not been removed, altered, or tampered with in any way shall be presumed
9valid, unless the patient, the patient's guardian, or the patient's health care agent
10expresses to the emergency medical services practitioner, emergency medical
11responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or
12emergency health care facility personnel the patient's desire to be resuscitated.
SB736,27 13Section 27. 157.06 (12) (a) 1. of the statutes is amended to read:
SB736,12,1614 157.06 (12) (a) 1. A law enforcement officer, fire fighter, emergency medical
15services practitioner, emergency medical responder, individual with a privilege to
16practice, as defined in s. 256.60 (2) (L),
or ambulance service provider.
SB736,28 17Section 28. 252.14 (1) (ar) 16. of the statutes is created to read:
SB736,12,1918 252.14 (1) (ar) 16. An individual with a privilege to practice, as defined in s.
19256.60 (2) (L).
SB736,29 20Section 29. 252.15 (5g) (a) 1. of the statutes is amended to read:
SB736,13,321 252.15 (5g) (a) 1. The person is an emergency medical services practitioner;
22emergency medical responder; individual with a privilege to practice, as defined in
23s. 256.60 (2) (L);
fire fighter; peace officer; correctional officer; person who is
24employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured
25residential care center for children and youth, as defined in s. 938.02 (15g); state

1patrol officer; jailer, keeper of a jail, or person designated with custodial authority
2by the jailer or keeper and the contact occurred during the course of the person
3providing care or services to the individual.
SB736,30 4Section 30. Subchapter I (title) of chapter 256 [precedes 256.01] of the statutes
5is created to read:
SB736,13,66 chapter 256
SB736,13,77 SUBCHAPTER I
SB736,13,98 EMERGENCY MEDICAL SERVICES
9 IN GENERAL
SB736,31 10Section 31. 256.01 (intro.) of the statutes is amended to read:
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