Section DHS 124.09 - Freestanding emergency departments(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.(2) FREESTANDING EMERGENCY DEPARTMENTS. (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.(b) A freestanding emergency department shall be under the direction of the emergency services department of a Wisconsin licensed hospital.(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.(3) PHYSICAL ENVIRONMENT. (a) A freestanding emergency department shall be identifiable to a patient.(b) The exterior entrance of a freestanding emergency department shall be at grade level, well-marked, and illuminated, with a covered ambulance bay.(c) The freestanding emergency department equipment shall be readily available, serviced, maintained and adequate to provide comprehensive emergency care.(4) PERSONNEL. (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: 1. One physician, who through education, training, and experience specializes in emergency medicine.2. One registered nurse, who through education, training, and experience specializes in emergency nursing.3. A laboratory technician to provide laboratory services.(b) A person authorized to perform radiological services pursuant to ch. 462, Stats., shall be available at the freestanding emergency department, as follows: 1. At all times for plain films.2. On-call to perform CT scanning within 30 minutes.3. On-call to perform ultrasound within 1 hour.(5) ANCILLARY SERVICES. (a)Radiology.1. Plain film, CT scanner and ultrasound equipment shall be available.2. Radiologist interpretation of CT scans and ultrasounds shall be available within one hour.3. The freestanding emergency department shall develop and implement a written policy for timely interpretation of plain film studies.(b)Laboratory.1. Blood or blood replacement shall be available within thirty minutes.2. Services available within the freestanding emergency department shall be appropriate for the care of emergency medical cases anticipated by the location.(c)Pharmacy, respiratory and social services.1. The freestanding emergency department shall provide pharmacy and respiratory services appropriate for the care of emergency medical cases anticipated by the location.2. Services and supplies available within the freestanding emergency department shall be appropriate for the care of emergency medical cases anticipated by the freestanding emergency department.3. Written policies regarding the availability and utilization of social services shall be established.(6) AMBULANCE DELIVERY. A freestanding emergency department shall: (a) Establish written policies and procedures governing ambulance delivery of patients that are consistent with the local emergency medical service system.(b) Communicate these policies to the local emergency medical services system to ensure appropriate routing of emergency cases by emergency medical technicians.(c) Establish written policies regarding patient transfers to other medical facilities. The policies shall address transfers by ambulance and, if the freestanding emergency department determines it is appropriate for that location, by helicopter.Wis. Admin. Code Department of Health Services DHS 124.09
Cr. Register, January, 1988, No. 385, eff. 2-1-88.Amended by, CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in (1), (2) (c), (3) (a), (4) (b) (intro.), 2., 3. made under s. 35.17, Stats., Register June 2020 No. 774, eff. 7/1/2020