Section DHS 124.08 - Forfeiture assessment(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.(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:(a) $2,500 for a first violation of a requirement under s. 50.375(2) or (3), Stats.(b) $5,000 for a subsequent violation of a requirement under s. 50.375(2) or (3), Stats. Note: 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.
Note: 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.
(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.(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.(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.Wis. Admin. Code Department of Health Services DHS 124.08
Cr. Register, January, 1988, No. 385, eff. 2-1-88; correction in (5) made under s. 13.93(2m) (b) 7, Stats., Register, January, 1999, No. 517; CR 04-040: am. (2) (c) 3., (3) (a), (4) (c), and (f) 2. Register November 2004 No. 587, eff. 12-1-04; correction in (5) made under s. 13.92(4) (b) 7, Stats., Register January 2009 No. 637.Amended by, 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, eff. 7/1/2020