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:

AB763,1 Section 1. 14.89 of the statutes is created to read:

AB763,4,2 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.

AB763,2 Section 2. 16.25 (1) (am) of the statutes is amended to read:

AB763,4,6 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).

AB763,3 Section 3 . 48.195 (1) of the statutes is amended to read:

AB763,5,5 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).

AB763,4 Section 4. 48.685 (1) (ag) 2. of the statutes is amended to read:

AB763,5,14 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.

AB763,5 Section 5. 48.981 (2) (a) 28m. of the statutes is created to read:

AB763,5,17 48.981 (2) (a) 28m. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,6 Section 6. 50.065 (1) (ag) 2. of the statutes is amended to read:

AB763,6,2 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.

AB763,7 Section 7 . 66.0137 (1) (ah) of the statutes is amended to read:

AB763,6,8 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.

AB763,8 Section 8. 97.67 (5m) (a) 6m. of the statutes is created to read:

AB763,6,11 97.67 (5m) (a) 6m. An individual with a privilege to practice, as defined in s. 256.60 (2) (L).

AB763,9 Section 9. 102.03 (1) (c) 2. of the statutes is amended to read:

AB763,7,2 102.03 (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.

AB763,10 Section 10. 103.88 (2) of the statutes is amended to read:

AB763,7,13 103.88 (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.

AB763,11 Section 11. 103.88 (3) (a) 1. of the statutes is amended to read:

AB763,7,23 103.88 (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.

AB763,12 Section 12. 108.05 (3) (a) of the statutes is amended to read:

AB763,8,16 108.05 (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.