Section 256.30. Refusal or delay of emergency service.

 

(1)  In this section “hospital providing emergency services" means a hospital which the department has identified as providing some category of emergency service.

(2)  No hospital providing emergency services may refuse emergency treatment to any sick or injured person.

(3)  No hospital providing emergency services may delay emergency treatment to a sick or injured person until credit checks, financial information forms or promissory notes have been initiated, completed or signed if, in the opinion of one of the following, who is an employee, agent or staff member of the hospital, the delay is likely to cause increased medical complications, permanent disability or death:

(a) A physician, registered nurse or emergency medical technician — paramedic.

(b) A licensed practical nurse under the specific direction of a physician or registered nurse.

(c) A physician assistant or any other person under the specific direction of a physician.

(3m)  Hospitals shall establish written procedures to be followed by emergency services personnel in carrying out sub. (3) .

(4)  No hospital may be expected to provide emergency services beyond its capabilities as identified by the department.

(5)  Each hospital providing emergency services shall create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.

(6)  The department shall identify the emergency services capabilities of all hospitals in this state and shall prepare a list of such services. The list shall be updated annually.

(7)  A hospital which violates this section may be fined not more than $1,000 for each offense.

1977 c. 361 ; 1983 a. 273 s. 8 ; 1989 a. 102 ; 1993 a. 105 ; 2007 a. 130 s. 43 ; Stats. 2007 s. 256.30.