Chapter 256

256.15(11) (11) Unlicensed or uncertified operation. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in all proceedings, institute an action in the name of the state against any person for any of the following:

256.15(11)(a) (a) To restrain or prevent action as an ambulance service provider by a person in violation of sub. (2) (a).

256.15(11)(b) (b) To restrain or prevent action by an ambulance service provider in violation of this section or a rule promulgated under this section.

256.15(11)(c) (c) To restrain or prevent action as an emergency medical services practitioner by an individual in violation of sub. (2) (a).

256.15(11)(d) (d) To restrain or prevent action by an emergency medical services practitioner in violation of this section or a rule promulgated under this section.

256.15(11)(e) (e) To restrain or prevent the establishment, management or operation of an ambulance service in violation of sub. (4).

256.15(11)(f) (f) To restrain or prevent action by an emergency medical responder in violation of this section or a rule promulgated under this section.

256.15(12) (12) Confidentiality of records.

256.15(12)(a) (a) All records made by an ambulance service provider, an emergency medical services practitioner, or an emergency medical responder in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals shall be maintained as confidential patient health care records subject to s. 252.15 (3m), (6), (8) and (9), if applicable. Nothing in this paragraph or ss. 146.81 to 146.84 permits disclosure to an ambulance service provider, an emergency medical services practitioner, or an emergency medical responder under s. 252.15 (3m), except under s. 252.15 (3m) (e).

256.15(12)(b) (b) Notwithstanding s. 146.82, an ambulance service provider, who is an authority, as defined in s. 19.32 (1), may make available, to any requester, information contained on a record of an ambulance run which identifies the ambulance service provider and emergency medical services practitioners involved; date of the call; dispatch and response times of the ambulance; reason for the dispatch; location to which the ambulance was dispatched; destination, if any, to which the patient was transported by ambulance; and name, age and gender of the patient. No information disclosed under this paragraph may contain details of the medical history, condition, or emergency treatment of any patient.

256.15(13) (13) Rules.

256.15(13)(a) (a) The department may promulgate rules necessary for administration of this section.

256.15(13)(b) (b) The department shall promulgate rules under subs. (8) (b), (c) and (e) and (8m).

256.15(13)(c) (c) The department shall promulgate rules that specify actions that emergency medical services practitioners may undertake after December 31, 1995, including rules that specify the required involvement of physicians in actions undertaken by emergency medical services practitioners.

256.15 History History: 1973 c. 321; 1975 c. 39 ss. 645 to 647d, 732 (2); 1975 c. 224; 1977 c. 29, 167; 1979 c. 321; 1981 c. 73, 380; 1981 c. 391 s. 211; 1983 a. 189; 1985 a. 120, 135; 1987 a. 70, 399; 1989 a. 31; 1989 a. 102 ss. 20, 21, 36 to 59; 1991 a. 39, 238; 1993 a. 27, 29, 105, 183, 251, 399; 1997 a. 79, 191, 237; 1999 a. 7, 56; 2001 a. 109; 2005 a. 25, 486; 2007 a. 104; 2007 a. 130 ss. 50 to 52, 55 to 57, 63 to 66, 69, 71 to 104; Stats. 2007 s. 256.15; 2009 a. 28, 42; 2009 a. 180 s. 123; 2009 a. 209; 2011 a. 120, 209; 2013 a. 200; 2015 a. 26, 55, 83, 113; 2017 a. 12, 66, 97, 350; 2019 a. 25; 2021 a. 238 s. 45; 2023 a. 12, 176.

256.15 Cross-reference Cross-reference: See also chs. DHS 110, Wis. adm. code.

256.15 Annotation Malpractice liability of state officers and employees is discussed. 67 Atty. Gen. 145.

256.15 Annotation Under present law, ambulance records relating to medical history, condition, or treatment are confidential while other ambulance call records are subject to disclosure under the public records law. 78 Atty. Gen. 71.

256.155 256.155 First aid to domestic animals.

256.155(1) (1) Definition. In this section, “domestic animal” has the meaning given in s. 895.484 (1) (a).

256.155(2) (2) Rendering first aid allowed. An emergency medical services practitioner or emergency medical responder who, in the course of responding to a call for service, encounters a domestic animal that is sick or injured may render any first aid service to the domestic animal before the domestic animal is transferred to a veterinarian for further treatment if the service is in the scope of practice of the license or certification of that emergency medical services practitioner or emergency medical responder when applied to human beings.

256.155(3) (3) Immunity from liability.

256.155(3)(a) (a) An ambulance service provider, emergency medical services practitioner, or emergency medical responder is immune from civil or criminal liability for any outcomes resulting from an emergency medical services practitioner or an emergency medical responder rendering first aid to a domestic animal in accordance with sub. (2).

256.155(3)(b) (b) An ambulance service provider, emergency medical services practitioner, or emergency medical responder is immune from civil or criminal liability from declining to render first aid to a domestic animal.

256.155 History History: 2017 a. 166.

256.17 256.17 Denial, nonrenewal and suspension of license, training permit or certification based on certain delinquency in payment.

256.17(1) (1) Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant’s social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:

256.17(1)(a) (a) A license under s. 256.15 (5) (a).

256.17(1)(b) (b) A training permit under s. 256.15 (5) (b).

256.17(1)(c) (c) A certification under s. 256.15 (6g) (a) or (8) (a).

256.17(1m) (1m) If an individual who applies for or to renew a license, training permit or certification under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

256.17(2) (2) The department of health services may not disclose any information received under sub. (1) to any person except to the department of children and families for the purpose of making certifications required under s. 49.857.

256.17(3) (3) The department of health services shall deny an application for the issuance or renewal of a license, training permit or certification specified in sub. (1), shall suspend a license, training permit or certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a license, training permit or certification specified in sub. (1) if the department of children and families certifies under s. 49.857 that the applicant for or holder of the license, training permit or certification is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

256.17 History History: 1997 a. 191; 1999 a. 9; 2007 a. 20 ss. 2863 to 2865, 9121 (6) (a); 2007 a. 130 ss. 105 to 110; Stats. 2007 s. 256.17.

256.17 Cross-reference Cross-reference: See also chs. DHS 110, Wis. adm. code.

256.18 256.18 Denial, nonrenewal, and revocation of license, certification, or permit based on delinquent taxes or unemployment insurance contributions.

256.18(1) (1) Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant’s federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

256.18(1)(a) (a) A license under s. 256.15 (5) (a) or (7).

256.18(1)(b) (b) A training permit under s. 256.15 (5) (b).

256.18(1)(c) (c) A certificate under s. 256.15 (6g) (a) or (8) (a) or (f).

256.18(1m) (1m) If an individual who applies for or to renew a license, training permit or certificate under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license, training permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

256.18(2) (2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

256.18(3) (3) Except as provided in sub. (1m), the department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

256.18(4) (4) The department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) or shall revoke a license, certificate or permit specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the license, certificate or permit is liable for delinquent taxes.

256.18(4m) (4m) The department shall deny an application for the issuance or renewal of a license, certificate, or permit specified in sub. (1) or shall revoke a license, certificate, or permit specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the license, certificate, or permit is liable for delinquent unemployment insurance contributions.

256.18(5) (5) An action taken under sub. (3), (4), or (4m) is subject to review only as provided under s. 73.0301 (2) (b) and (5) or 108.227 (5) and (6), whichever is applicable.

256.18 History History: 1997 a. 237; 1999 a. 9; 2007 a. 20; 2007 a. 130 ss. 111 to 116; Stats. 2007 s. 256.18; 2013 a. 36.

256.18 Cross-reference Cross-reference: See also chs. DHS 110, Wis. adm. code.

256.205 256.205 Community paramedics.

256.205(1) (1) Definition. In this section, “community paramedic” means an individual who has obtained an approval issued under sub. (2).

256.205(2) (2) Departmental approval. No person may use the title “community paramedic” unless he or she obtains an approval from the department issued under this section to provide services as a community paramedic. To be eligible for an approval by the department as a community paramedic, an individual shall meet all of the following criteria:

256.205(2)(a) (a) The individual is licensed as a paramedic, that license is not suspended or revoked, and the individual is not the subject of an action under s. 256.15 (11).

256.205(2)(b) (b) The individual has the equivalent of 2 years of service as a paramedic.

256.205(2)(c) (c) The individual successfully completes a training program that has been approved by the department under sub. (3).

256.205(2)(d) (d) The individual submits an application for the approval on a form specified by the department.

256.205(2)(e) (e) The individual satisfies any other requirements established by the department.

256.205(3) (3) Training program. The department shall, after consulting the board, approve training programs for community paramedics that include clinical experience, that provide flexibility in addressing local service needs, and that meet any other criteria established by the department.

256.205(4) (4) Affiliation. A community paramedic may provide services under sub. (6) only if he or she is a volunteer for or an employee of a community emergency medical services provider, as defined in s. 256.215 (1) (a), or if he or she is an employee of or under contract with a hospital, clinic, or physician.

256.205(5) (5) Requirements.

256.205(5)(a) (a) A community paramedic shall follow any protocols and supervisory standards established by the department or by a medical director.

256.205(5)(b) (b) A community paramedic is subject to certification, disciplinary, complaint, and other regulatory requirements that apply to emergency medical services practitioners under s. 256.15.

256.205(6) (6) Services provided. Notwithstanding the actions authorized for emergency services under s. 256.15 (6n), a community paramedic may provide services for which he or she is trained under a training program approved by the department under sub. (3), that are not duplicative of services already being provided to a patient, and that are approved by the hospital, clinic, or physician for which the community paramedic is an employee or contractor or are incorporated in the patient care protocols under s. 256.215 (2) (b).

256.205 History History: 2017 a. 66.

256.21 256.21 Community emergency medical services practitioners.

256.21(1) (1) Definition. In this section, “community emergency medical services practitioner” means an individual who has obtained an approval issued under sub. (2).

256.21(2) (2) Departmental approval. No person may use the title “community emergency medical services practitioner” unless he or she obtains an approval from the department issued under this section to provide services as a community emergency medical services practitioner. To be eligible for an approval by the department as a community emergency medical services practitioner, an individual shall meet all of the following criteria:

256.21(2)(a) (a) The individual is licensed as an emergency medical services practitioner of any level, that license is not suspended or revoked, and the individual is not the subject of an action under s. 256.15 (11).

256.21(2)(b) (b) The individual has the equivalent of 2 years of service as an emergency medical services practitioner at any level.

256.21(2)(c) (c) The individual successfully completes a training program that has been approved by the department under sub. (3).

256.21(2)(d) (d) The individual submits an application for the approval on a form specified by the department.

256.21(2)(e) (e) The individual satisfies any other requirements established by the department.

256.21(3) (3) Training program. The department shall, after consulting the board, approve training programs for community emergency medical services practitioners that include clinical experience, that provide flexibility in addressing local service needs, and that meet any other criteria established by the department.

256.21(4) (4) Affiliation. A community emergency medical services practitioner may provide services under sub. (6) only if he or she is a volunteer for or an employee of a community emergency medical services provider, as defined in s. 256.215 (1) (a), or if he or she is an employee of or under contract with a hospital, clinic, or physician.

256.21(5) (5) Requirements.

256.21(5)(a) (a) A community emergency medical services practitioner shall follow any protocols and supervisory standards established by the department or by a medical director.

256.21(5)(b) (b) A community emergency medical services practitioner is subject to certification, disciplinary, complaint, and other regulatory requirements that apply to emergency medical services practitioners under s. 256.15.

256.21(6) (6) Services provided. Notwithstanding the actions authorized for emergency services under s. 256.15 (6n), a community emergency medical services practitioner may provide services for which he or she is trained under a training program approved by the department under sub. (3), that are not duplicative of services already being provided to a patient, and that are approved by the hospital, clinic, or physician for which the community emergency medical services practitioner is an employee or contractor or are incorporated in the patient care protocols under s. 256.215 (2) (b).

256.21 History History: 2017 a. 66.

256.215 256.215 Providers of community emergency medical services.

256.215(1) (1) Definitions. In this section:

256.215(1)(a) (a) “Community emergency medical services provider” means an emergency medical services provider that has approval from the department for its personnel to provide community emergency medical services under sub. (2).

256.215(1)(b) (b) “Community emergency medical services practitioner” has the meaning given under s. 256.21 (1).

256.215(1)(c) (c) “Community paramedic” has the meaning given under s. 256.205 (1).

256.215(1)(d) (d) “Emergency medical services provider” means an emergency medical services program under s. 256.12 that provides services as a nontransporting emergency medical services practitioner provider or an ambulance service provider licensed under s. 256.15 (5).

256.215(2) (2) Approval. No emergency medical services provider may advertise as providing community emergency medical services or may advertise having community paramedics or community emergency medical services practitioners unless the emergency medical services provider has approval from the department under this subsection. To be eligible for approval to provide community emergency medical services, an emergency medical services provider shall satisfy all of the following criteria:

256.215(2)(a) (a) The emergency medical services provider is licensed by the department at any emergency medical services level.

256.215(2)(b) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the appropriate service level to be used by a community paramedic or a community emergency medical services practitioner. The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448 or subch. I of ch. 457 or ch. 441, 446, 447, 449, 450, 451, 455, or 459 to provide.

256.215(2)(c) (c) The emergency medical services provider agrees to provide to the department a list identifying each community paramedic and community emergency medical services practitioner providing community emergency medical services as a volunteer or employee of that emergency medical services provider. If the emergency medical services provider is approved under this subsection as a community emergency medical services provider, the emergency medical services provider shall provide and update its list of community paramedics and community emergency medical services practitioners.

256.215(2)(d) (d) The emergency medical services provider meets other requirements as specified by the department.