Wisconsin Statutes
Wis. Stat. § 256.30 (2026)
Refusal or delay of emergency service
✓ current as of July 2026
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256.30(1)(1) In this section “hospital providing emergency services” means a hospital which the department has identified as providing some category of emergency service.
256.30(2)(2) No hospital providing emergency services may refuse emergency treatment to any sick or injured person.
256.30(3)(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:
256.30(3)(b)(b) A licensed practical nurse under the specific direction of a physician or registered nurse.
256.30(3)(c)(c) A physician assistant or any other person under the specific direction of a physician.
256.30(3m)(3m) Hospitals shall establish written procedures to be followed by emergency services personnel in carrying out sub. (3).
256.30(4)(4) No hospital may be expected to provide emergency services beyond its capabilities as identified by the department.
256.30(5)(5) Each hospital providing emergency services shall create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.
256.30(6)(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.
256.30(7)(7) A hospital which violates this section may be fined not more than $1,000 for each offense.
256.30 HistoryHistory: 1977 c. 361; 1983 a. 273 s. 8; 1989 a. 102; 1993 a. 105; 2007 a. 130 s. 43; Stats. 2007 s. 256.30; 2017 a. 12.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1938–2024 · leading case: Seitzinger v. Cmty. Health Network, 2004 WI 28, 676 N.W.2d 426.
Seitzinger v. Cmty. Health Network, 2004 WI 28, 676 N.W.2d 426. “550 (1940), was decided, the applicable statute was Wis. Stat. § 256.30 . Section 256.30 was amended, effective August 1, 1978, and renumbered as Wis.”
Florida Ex Rel. Attorney Gen. v. United States Dep't of Health & Human Servs., 648 F.3d 1235 (11th Cir. 2011). “060(2); Wis. Stat. Ann. § 256.30 (2); see also Gov't Br.”
Hopper v. City of Madison, 256 N.W.2d 139 (Wis. 1977). “In addition to the claim that the MTU appropriation is generally for other than a public purpose, the appellant specifically charges that the services to be provided by MTU under the contract will constitute the unlawful practice of law, contrary to sec. 256.30, Stats. Under…”
State ex rel. Reynolds v. Dinger, 109 N.W.2d 685 (Wis. 1961). “(3) of this section, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, in addition to his liability to be…”
Feuerstein v. Kalb, 278 N.W. 1 (Wis. 1938). “ites that certain persons having appeared before the court, and having in open court *64 and in sight and presence of the court retained defendant to appear for them in the proceedings, and Cichon having accepted this commission in the immediate view and presence of the court,…”
Matter of Disciplinary Proceedings Against Eisenberg, 377 N.W.2d 160 (Wis. 1985). “1975, while the unauthorized *445 practice statute was then sec. 256.30, Stats. 1975. Both provisions were subsequently renumbered, and the court’s rule was ultimately incorporated into the Supreme Court Rules as SCR 11.”
Thomas v. Mohiuddin, No. 2:23-cv-01524 (E.D. Wis. Feb. 21, 2024). “But Thomas fails to state a claim against Waupun Memorial Hospital under Wis. Stat. §256.30 (5), which requires “[e]ach hospital providing emergency services [to] create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.”
State of Florida v. U.S. Dep't of HHS, No. 11-11021 (11th Cir. Aug. 12, 2011). “060 (2); Wis. Stat. Ann. § 256.30 (2); see also Gov’t Br.”
Wis. Stat. § 256.30(2): 1 case
Hopper v. City of Madison, 256 N.W.2d 139 (Wis. 1977). “In addition to the claim that the MTU appropriation is generally for other than a public purpose, the appellant specifically charges that the services to be provided by MTU under the contract will constitute the unlawful practice of law, contrary to sec. 256.30, Stats. Under…”
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