Section DHS 110.54 - Reasons for enforcement actions The department may take any enforcement action under ss. DHS 110.55 to 110.58, which it determines is appropriate against a person subject to the requirements of this chapter and ss. 256.12 to 256.18, Stats., for any of the following reasons:
(1) The person is not eligible for a certificate, permit or license under this chapter or ss. 256.15 to 256.17, Stats.(2) The person made a false statement on an application for, or otherwise obtained a permit, certificate or license through fraud or error.(3) The licensing examination for the person was completed through error or fraud.(4) The person violated any provision of ch. 256, Stats., or this chapter.(5) The person violated an order of the department.(6) The person violated a court order pertaining to emergency medical services.(7) The person was disciplined as an emergency medical responder, emergency medical services practitioner or other healthcare provider in Wisconsin or another state.(8) The person's license or certification was revoked within the past two years.(9) The person has an arrest or conviction history substantially related to the performance of duties as an EMS professional, as determined by the department.(10) The person committed or permitted, aided or abetted the commission of an unlawful act that substantially relates to performance of EMS duties, as determined by the department.(11) The person failed to report to the department or to the emergency medical service provider director or medical director a violation of the rules of this chapter by a licensee, certificate holder or permit holder. Note: This provision does not require an emergency medical service provider to report treatment information in violation of the protection of the confidentiality of health care records under s. 146.82, Stats., or the privilege for confidential communication under s. 905.04, Stats.
(12) The person failed to cooperate with the department in an investigation or made a false statement during an investigation.(13) The person failed to maintain certification in CPR for health care professionals by completing a course approved by the department and has performed as an emergency medical responder or emergency medical services practitioner.(14) The person practiced beyond the scope of practice for his or her license or certificate.(15) The person practiced or attempted to practice when unable to do so with reasonable skill and safety.(16) The person practiced or attempted to practice while impaired by alcohol or other drugs.(17) The person engaged in conduct that was dangerous or detrimental to the health or safety of a patient or to members of the general public while performing as an emergency medical responder or emergency medical services practitioner.(18) The person administered, supplied, obtained or possessed any drug other than in the course of legitimate EMS practice or as otherwise permitted by law.(19) The individual engaged in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient.(20) The person abused a patient by any act of nonconsensual force, violence, harassment, deprivation, nonconsensual sexual contact or neglect.(21) The person obtained or attempted to obtain anything of value from a patient for the benefit of self or a person other than the patient unless authorized by law.(22) The person falsified or inappropriately altered patient care reports.(23) The person revealed to another person not engaged in the care of the patient information about a patient's medical condition when release of the information was not authorized by the patient, authorized by law, or requested by the department in the investigation of complaints.(24) The person failed or refused to provide emergency medical care to a patient because of the patient's race, color, sex, age, beliefs, national origin, disability, medical condition, or sexual orientation.(25) The person abandoned a patient.(26) A person certified as a training center or EMS instructor failed to adhere to the requirements under ss. DHS 110.18 to 110.24.(26e) The person violated or aided and abetted a violation of any law substantially related to the practice of emergency medical services or was convicted of any crime substantially related to the practice of emergency medical services. A certified copy of a judgment of conviction is prima facie evidence of a violation.(26m) The person failed to notify the department within seven days of any arrest for violation of any law substantially related to the practice of emergency medical services.(26s) The person failed to notify the department of a felony or misdemeanor conviction in writing within 48 hours after the entry of the judgment of conviction, including the date, time, place, and nature of the conviction of finding. Notice shall include a copy of the judgment of conviction and a copy of the complaint or other information which describes the nature of the crime in order that the department determine whether the circumstances of the crime of which the person was convicted are substantially related to the practice of emergency medical services.(27) A person licensed as an emergency medical services provider failed to provide or maintain, when required, insurance coverage sufficient to protect EMS professionals in the performance of their duties for the provider.(28) A person licensed as an emergency medical services provider violated any provision of its approved operational plan or took actions not authorized by the plan.Wis. Admin. Code Department of Health Services DHS 110.54
CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11; correction in (intro.) made under s. 13.92(4) (b) 7, Stats., Register December 2010 No. 660.Amended by, CR 20-028: am. (7), (13), (17), cr. (26e), (26m), (26s), am. (27) Register September 2021 No. 789, eff. 10/1/2021Amended by, CR 20-068: am. (24) Register November 2021 No. 792, eff. 1/1/2022