Section 124.24. Emergency services.

 

(1)   Emergency care. The hospital shall have written policies for caring for emergency cases, including policies for transferring a patient to an appropriate facility when the patient's medical status indicates the need for emergency care which the hospital cannot provide.

(2)   Emergency service.

(a) Administration. If the hospital has an emergency service:

1. The emergency service shall be directed by personnel who are qualified by training and experience to direct the emergency service and shall be integrated with other services of the hospital.

2. The policies and procedures governing medical care provided in the emergency service shall be established by and are a continuing responsibility of the medical staff.

3. Emergency services shall be supervised by a member of the medical staff, and nursing functions shall be the responsibility of a registered nurse.

4. The hospital's emergency services shall be coordinated with the community's disaster plan, if there is one.

(b) Physical environment.

1. The emergency service shall be provided with the facilities, equipment, drugs, supplies and space needed for prompt diagnosis and emergency treatment.

2. Facilities for the emergency service shall be separate and independent of the operating room.

3. The location of the emergency service shall be in close proximity to an exterior entrance of the hospital.

(c) Personnel.

1. There shall be sufficient medical and nursing personnel available for the emergency service at all times. All medical and nursing personnel assigned to emergency services shall be trained in cardiopulmonary resuscitation before beginning work.

2. The medical staff shall ensure that qualified members of the medical staff are regularly available at all times for the emergency service, either on duty or on call, and that a physician is responsible for all patients who arrive for treatment in the emergency service.

3. If unable to reach the patient within 15 minutes, the physician shall provide specific instructions to the emergency staff on duty if emergency measures are necessary. These instructions may take the form of protocols approved by the medical staff or standing orders.

4. A sufficient number of nurses qualified by training and experience to work in emergency services shall be available to deal with the number and severity of emergency service cases.

(d) Medical records.

1. Adequate medical records to permit continuity of care after provision of emergency services shall be maintained on all patients. The emergency room patient record shall contain:

a. Patient identification;

b. History of disease or injury;

c. Physical findings;

d. Laboratory and x-ray reports, if any;

e. Diagnosis;

f. Record of treatment;

g. Disposition of the case;

h. Authentication as required by s. DHS 124.14 (3) (b) ; and

i. Appropriate time notations, including time of the patient's arrival, time of physician notification, time of treatments, including administration of medications, and time of patient discharge or transfer from the service.

2. Where appropriate, medical records of the emergency service shall be integrated with those of the inpatient and outpatient services.

(e) Emergency services committee. An emergency services committee composed of physicians, registered nurses and other appropriate hospital staff shall review emergency services and medical records for appropriateness of patient care on at least a quarterly basis. The committee shall make appropriate recommendations to the medical staff and hospital administrative staff based on its findings.

(3)   Forfeiture assessment.

(a) In this subsection, "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.

(b) 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:

1. $2,500 for a first violation of a requirement under s. 50.375 (2) or (3) , Stats.

2. $5,000 for a subsequent violation of a requirement under s. 50.375 (2) or (3) , Stats.

(c) 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 par. (d) pursuant to s. 50.377 (3) , Stats.

(d) 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 par. (e) , 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.

(e) Pursuant to s. 50.377 (3) , Stats., a hospital may contest an assessment of a forfeiture by the department under par. (b) by sending, within 10 days after receipt of notice under par. (c) , 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.

Cr. Register, January, 1988, No. 385 , eff. 2-1-88; CR 09-089 : cr. (3) Register March 2010 No. 651 , eff. 4-1-10.

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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1