SB736: Bill Text

LRB-4521/1

JPC:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 736

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 An Act to amend 16.25 (1) (am), 48.195 (1), 48.685 (1) (ag) 2., 50.065 (1) (ag) 2., 66.0137 (1) (ah), 102.03 (1) (c) 2., 103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a), 109.03 (1) (e), 111.91 (2) (gu), 118.29 (1) (c), 146.37 (1) (a), 146.38 (1) (b) 1., 146.81 (4), 146.997 (1) (d) 14., 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a), 154.225 (2) (a), 154.25 (6), 157.06 (12) (a) 1., 252.15 (5g) (a) 1., 256.01 (intro.), 256.12 (2) (a), 340.01 (3) (dm) 2., 340.01 (74p) (f), 343.23 (2) (a) 1., 440.9805 (1), 891.453 (1) (b), 895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2., 895.48 (4) (am) (intro.), 895.484 (2) (d), 940.20 (7) (b), 941.20 (1m) (b), 941.37 (1) (c), 941.375 (1) (b) and 961.443 (1) (b); and to create 14.89, 48.981 (2) (a) 28m., 97.67 (5m) (a) 6m., 146.81 (1) (t), 252.14 (1) (ar) 16., subchapter I (title) of chapter 256 [precedes 256.01], subchapter II of chapter 256 [precedes 256.60] and 257.01 (2) (am) of the statutes; relating to: Emergency Medical Services Personnel Licensure 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 Section 1. 14.89 of the statutes is created to read:

SB736,4,2 14.89 Emergency medical services personnel licensure interstate compact. There is created an emergency medical services personnel licensure interstate compact commission as specified in s. 256.60. The administrator of the commission representing this state shall be the responsible official of the state EMS authority, as defined in s. 256.60 (2) (s), or his or her designee as provided in s. 256.60 (10) (b) 1. The commission has the powers and duties granted and imposed under s. 256.60.

SB736,2 Section 2. 16.25 (1) (am) of the statutes is amended to read:

SB736,4,6 16.25 (1) (am) “Emergency medical responder" means an individual certified under s. 256.15 (8) (a) or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,3 Section 3 . 48.195 (1) of the statutes is amended to read:

SB736,5,5 48.195 (1) Taking child into custody. In addition to being taken into custody under s. 48.19, a child whom a law enforcement officer, emergency medical services practitioner, as defined in s. 256.01 (5), individual with a privilege to practice, as defined in s. 256.60 (2) (L), or hospital staff member reasonably believes to be 72 hours old or younger may be taken into custody under circumstances in which a parent of the child relinquishes custody of the child to the law enforcement officer, emergency medical services practitioner, individual with a privilege to practice, or hospital staff member and does not express an intent to return for the child. If a parent who wishes to relinquish custody of his or her child under this subsection is unable to travel to a sheriff's office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical services practitioner, individual with a privilege to practice, or hospital staff member is located, the parent may dial the telephone number “911" or, in an area in which the telephone number “911" is not available, the number for an emergency medical service provider, and the person receiving the call shall dispatch a law enforcement officer or, emergency medical services practitioner, or individual with a privilege to practice to meet the parent and take the child into custody. A law enforcement officer, emergency medical services practitioner, individual with a privilege to practice, or hospital staff member who takes a child into custody under this subsection shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20, and shall, within 5 days after taking the child into custody, file a birth record for the child under s. 69.14 (3).

SB736,4 Section 4. 48.685 (1) (ag) 2. of the statutes is amended to read:

SB736,5,14 48.685 (1) (ag) 2. “Caregiver" does not include a person who is certified as an emergency medical services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical services practitioner and does not include a person who is certified as an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as an emergency medical responder. “Caregiver” does not include a person who has a privilege to practice, as defined in s. 256.60 (2) (L), if the person is employed, or seeking employment, to deliver emergency medical services in this state.

SB736,5 Section 5. 48.981 (2) (a) 28m. of the statutes is created to read:

SB736,5,17 48.981 (2) (a) 28m. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,6 Section 6. 50.065 (1) (ag) 2. of the statutes is amended to read:

SB736,6,2 50.065 (1) (ag) 2. “Caregiver" does not include a person who is certified as an emergency medical services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical services practitioner and does not include a person who is certified as an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as an emergency medical responder. “Caregiver” does not include a person who has a privilege to practice, as defined in s. 256.60 (2) (L), if the person is employed, or seeking employment, to deliver emergency medical services in this state.

SB736,7 Section 7 . 66.0137 (1) (ah) of the statutes is amended to read:

SB736,6,8 66.0137 (1) (ah) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5), except that in this section it includes an individual with a privilege to practice, as defined in s. 256.60 (2) (L), and applies only to an individual who is employed directly by a political subdivision or by a joint emergency medical services department operated jointly by 2 or more political subdivisions.

SB736,8 Section 8. 97.67 (5m) (a) 6m. of the statutes is created to read:

SB736,6,11 97.67 (5m) (a) 6m. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,9 Section 9. 102.03 (1) (c) 2. of the statutes is amended to read:

SB736,7,2 102.03 (1) (c) 2. Any employee going to and from his or her employment in the ordinary and usual way, while on the premises of the employer, or while in the immediate vicinity of those premises if the injury results from an occurrence on the premises; any employee going between an employer's designated parking lot and the employer's work premises while on a direct route and in the ordinary and usual way; any volunteer fire fighter, emergency medical responder, emergency medical services practitioner, individual with a privilege to practice, as defined in s. 256.60 (2) (L), rescue squad member, or diving team member while responding to a call for assistance, from the time of the call for assistance to the time of his or her return from responding to that call, including traveling to and from any place to respond to and return from that call, but excluding any deviations for private or personal purposes; or any fire fighter or municipal utility employee responding to a call for assistance outside the limits of his or her city or village, unless that response is in violation of law, is performing service growing out of and incidental to employment.

SB736,10 Section 10. 103.88 (2) of the statutes is amended to read:

SB736,7,13 103.88 (2) Absence from work permitted. An employer shall permit an employee who is a volunteer fire fighter, emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation to be late for or absent from work if the lateness or absence is due to the employee responding to an emergency that begins before the employee is required to report to work and if the employee complies with sub. (3) (a). This subsection does not entitle an employee to receive wages or salary for the time the employee is absent from work due to responding to an emergency as provided in this subsection.

SB736,11 Section 11. 103.88 (3) (a) 1. of the statutes is amended to read:

SB736,7,23 103.88 (3) (a) 1. By no later than 30 days after becoming a member of a volunteer fire department or fire company or becoming affiliated with an ambulance service provider, submits to the employee's employer a written statement signed by the chief of the volunteer fire department or fire company or by the person in charge of the ambulance service provider notifying the employer that the employee is a volunteer fire fighter, emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation.

SB736,12 Section 12. 108.05 (3) (a) of the statutes is amended to read:

SB736,8,16 108.05 (3) (a) Except as provided in pars. (c), (d) and (dm) and s. 108.062, if an eligible employee earns wages in a given week, the first $30 of the wages shall be disregarded and the employee's applicable weekly benefit payment shall be reduced by 67 percent of the remaining amount, except that no such employee is eligible for benefits if the employee's benefit payment would be less than $5 for any week. For purposes of this paragraph, “wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that a claimant would have earned in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter, volunteer emergency medical services practitioner, or volunteer emergency medical responder, including services performed as an individual with a privilege to practice, as defined in s. 256.60 (2) (L). In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.

SB736,13 Section 13 . 109.03 (1) (e) of the statutes is amended to read:

SB736,9,2 109.03 (1) (e) A part-time fire fighter or, a part-time emergency medical services practitioner, as defined in s. 256.01 (5), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L), who is a member of a volunteer fire department or emergency medical services program maintained by a county, city, village, or town or of a volunteer fire company organized under ch. 181 or ch. 213 and who, by agreement between the fire fighter or, emergency medical services practitioner, or individual with a privilege to practice and the entity employing the fire fighter or, emergency medical services practitioner, or individual with a privilege to practice is paid at regular intervals, but no less often than annually.

SB736,14 Section 14. 111.91 (2) (gu) of the statutes is amended to read:

SB736,9,10 111.91 (2) (gu) The right of a public safety employee, who is an employee, as defined in s. 103.88 (1) (d), and who is a fire fighter, emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or ambulance driver for a volunteer fire department or fire company, a public agency, as defined in s. 256.15 (1) (n), or a nonprofit corporation, as defined in s. 256.01 (12), to respond to an emergency as provided under s. 103.88 (2).

SB736,15 Section 15. 118.29 (1) (c) of the statutes is amended to read:

SB736,9,16 118.29 (1) (c) “Health care professional" means a person licensed as an emergency medical services practitioner under s. 256.15, a person certified as an emergency medical responder under s. 256.15 (8), a person with a privilege to practice, as defined in s. 256.60 (2) (L), or any person licensed, certified, permitted or registered under chs. 441 or 446 to 449.

SB736,16 Section 16. 146.37 (1) (a) of the statutes is amended to read:

SB736,9,21 146.37 (1) (a) “Health care provider" includes an ambulance service provider, as defined in s. 256.01 (3), and an emergency medical services practitioner, as defined in s. 256.01 (5), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), and an emergency medical responder, as defined in s. 256.01 (4p).

SB736,17 Section 17 . 146.37 (1) (a) of the statutes is amended to read:

SB736,9,24 146.37 (1) (a) “Health care provider" includes an ambulance service provider, as defined in s. 256.01 (3), and an emergency medical services practitioner, as defined in s. 256.01 (5), and an emergency medical responder, as defined in s. 256.01 (4p), and an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,18 Section 18 . 146.38 (1) (b) 1. of the statutes is amended to read:

SB736,10,4 146.38 (1) (b) 1. A person specified in s. 146.81 (1) (a) to (hp), (r), or (s), or (t).

SB736,19 Section 19. 146.81 (1) (t) of the statutes is created to read:

SB736,10,7 146.81 (1) (t) An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,20 Section 20. 146.81 (4) of the statutes is amended to read:

SB736,10,24 146.81 (4) “Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical services practitioner, as defined in s. 256.01 (5), or an emergency medical responder, as defined in s. 256.01 (4p), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. “ Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). “Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.

SB736,21 Section 21. 146.997 (1) (d) 14. of the statutes is amended to read:

SB736,11,3 146.997 (1) (d) 14. An emergency medical services practitioner licensed under s. 256.15 (5) or, an emergency medical responder, or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,22 Section 22 . 154.19 (3) (a) of the statutes is amended to read:

SB736,11,10 154.19 (3) (a) Except as provided in par. (b), emergency medical services practitioners, as defined in s. 256.01 (5), emergency medical responders, as defined in s. 256.01 (4p), individuals with a privilege to practice, as defined in s. 256.60 (2) (L), and emergency health care facilities personnel shall follow do-not-resuscitate orders. The procedures used in following a do-not-resuscitate order shall be in accordance with any procedures established by the department by rule.

SB736,23 Section 23 . 154.19 (3) (b) 3. of the statutes is amended to read:

SB736,11,14 154.19 (3) (b) 3. The emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, or member of the emergency health care facility knows that the patient is pregnant.

SB736,24 Section 24 . 154.21 (1) (a) of the statutes is amended to read:

SB736,11,22 154.21 (1) (a) The patient expresses to an emergency medical services practitioner, to an emergency medical responder, to an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or to a person who serves as a member of an emergency health care facility's personnel the desire to be resuscitated. The emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

SB736,25 Section 25 . 154.225 (2) (a) of the statutes is amended to read:

SB736,12,5 154.225 (2) (a) The guardian or health care agent directs an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or a person who serves as a member of an emergency health care facility's personnel to resuscitate the patient. The emergency medical services practitioner, the emergency medical responder, individual with a privilege to practice, or the member of the emergency health care facility shall promptly remove the do-not-resuscitate bracelet.

SB736,26 Section 26 . 154.25 (6) of the statutes is amended to read:

SB736,12,12 154.25 (6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet that has not been removed, altered, or tampered with in any way shall be presumed valid, unless the patient, the patient's guardian, or the patient's health care agent expresses to the emergency medical services practitioner, emergency medical responder, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or emergency health care facility personnel the patient's desire to be resuscitated.