DHS 124.07 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-1-88; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; renum. (1) (b) to (d) under s. 13.92 (4) (b) 1., Stats., Register June 2020. DHS 124.08(1)(1) In this section, “victim” means a female who alleges or for whom it is alleged that she suffered sexual assault and who, as a result of the sexual assault, presents as a patient at a hospital that provides emergency services. DHS 124.08(2)(2) The department may directly assess a forfeiture for each violation of a requirement under s. 50.375 (2) or (3), Stats., for care of a victim by a hospital that provides emergency services. The department may assess the forfeitures as follows: DHS 124.08 NoteNote: Section 50.375 (2), Stats., requires a hospital that provides emergency services to a victim to 1) provide to the victim medically and factually accurate and unbiased written and oral information about emergency contraception and its use and efficacy; 2) orally inform the victim of her option to receive emergency contraception at the hospital, her option to report the sexual assault to a law enforcement agency, and any available options for her to receive an examination to gather evidence regarding the sexual assault; and 3) except as specified in s. 50.375 (4), Stats., immediately provide to the victim upon her request emergency contraception, in accordance with instructions approved by the federal food and drug administration. If the medication is taken in more than one dosage, the hospital shall provide all subsequent dosages to the victim for later self administration. DHS 124.08 NoteNote: Section 50.375 (3), Stats., requires a hospital that provides emergency care to ensure that each hospital employee who provides care to a victim has available medically and factually accurate and unbiased information about emergency contraception. DHS 124.08(3)(3) If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (4) pursuant to s. 50.377 (3), Stats. DHS 124.08(4)(4) Pursuant to s. 50.377 (4), Stats., all forfeitures shall be paid to the department within 10 days after receipt of a notice of assessment or, if the forfeiture is contested under sub. (5), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. DHS 124.08(5)(5) Pursuant to s. 50.377 (3), Stats., a hospital may contest an assessment of a forfeiture by the department under sub. (2) by sending, within 10 days after receipt of notice under sub. (3), a written request for a hearing under s. 227.44, Stats., to the division of hearings and appeals. The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46, Stats. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. DHS 124.08 HistoryHistory: CR 19-135: renum. from DHS 124.24 (3) Register June 2020 No. 774, eff. 7-1-20; correction in (1), (3) to (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774. DHS 124.09DHS 124.09 Freestanding emergency departments. DHS 124.09(1)(1) Definition. In this subchapter, “freestanding emergency department” means a dedicated location that is physically separate from a hospital campus that offers inpatient overnight care, with services and staff organized primarily for the purpose of delivering emergency medical services without requiring a previously scheduled appointment. DHS 124.09(2)(a)(a) A freestanding emergency department must comply with subs. (3), (4), and (5) and have provider-based status under 42 CFR 413.65 as a department of a hospital that offers inpatient overnight care. DHS 124.09(2)(b)(b) A freestanding emergency department shall be under the direction of the emergency services department of a Wisconsin licensed hospital. DHS 124.09(2)(c)(c) A freestanding emergency department shall provide emergency services 24 hours a day, 7 days a week, 365 days a year, on an outpatient basis. DHS 124.09(3)(a)(a) A freestanding emergency department shall be identifiable to a patient. DHS 124.09(3)(b)(b) The exterior entrance of a freestanding emergency department shall be at grade level, well-marked, and illuminated, with a covered ambulance bay. DHS 124.09(3)(c)(c) The freestanding emergency department equipment shall be readily available, serviced, maintained and adequate to provide comprehensive emergency care. DHS 124.09(4)(a)(a) There shall be sufficient qualified medical, nursing, and ancillary personnel available to the freestanding emergency departments at all times to manage the number and severity of emergency department cases anticipated by the location. At all times, freestanding emergency departments shall have on-site the following minimum staffing, equipment and services necessary to evaluate and treat patients: DHS 124.09(4)(a)1.1. One physician, who through education, training, and experience specializes in emergency medicine. DHS 124.09(4)(a)2.2. One registered nurse, who through education, training, and experience specializes in emergency nursing. DHS 124.09(4)(b)(b) A person authorized to perform radiological services pursuant to ch. 462, Stats., shall be available at the freestanding emergency department, as follows: