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Can I collect third-party data from participants in Wisconsin? What are the requirements?

Collecting Third-Party Data in Wisconsin

Based on the provided documents, it appears that collecting third-party data in Wisconsin is possible, but there are specific requirements that must be met.

The requirements for third-party testers are outlined in [1.1]" >WIAC Trans 115.04. To be granted third-party tester authority, a party must make an application to and enter into an agreement with the department. The application must include certification that the applicant maintains a primary place of business with at least one permanent regularly occupied structure, certification that the primary place of business is safe and meets all requirements of state law and local ordinances, and the official name, address, and telephone number of the primary place of business. Additionally, the applicant must employ a safety officer or official who is responsible for the organization’s third-party testing operation, employ at least one third-party examiner, and provide a designated skills test route or routes acceptable to the department.

If you are seeking to collect third-party data for purposes other than third-party testing, the requirements may differ. However, [4.1]" >WIAC DHS 120.31 outlines the release of data in Wisconsin. The department may release health care provider-specific data to health care providers to whom the information relates, and may provide data to other entities necessary to fulfill their statutory mandates for epidemiological purposes or to minimize the duplicate collection of similar data elements.

It is important to note that before rereleasing any raw patient data element to subsequent users, initial data purchasers must receive written department approval for the initial purchaser’s rerelease of data. Each initial purchaser request must be submitted to the department in writing and contain specific information, including the nature of the proposed rerelease, the person and, if applicable, the entity the person is associated with to whom the data is proposed to be released, and a statement from the initial purchaser that evidences their understanding that the individual data elements cannot be rereleased until the initial purchaser receives written authorization to do so from the department.

Regarding the additional context provided, [2.1]" >WIAC Jus 19.13 outlines the reporting requirements and data collection system for agencies in Wisconsin. An agency must use the data collection system designated by the department to track participant information, record testing data, and monitor fees collected. The agency must enter all required information about a participant into the data collection system, including enrollment information, demographic information, type, frequency, and duration of program participation, compliance with enrollment procedures, execution of participation agreement and consent form, testing results, discharge information, fees and other money due and collected, and additional information requested by the department. Data collection must occur on an ongoing basis as participants are enrolled in or discharged from the program and as tests are completed. All data must be entered or uploaded in the data collection system as soon as possible, within 48 hours whenever possible, after being gathered or received by the agency. All information in the data collection system must be kept current and confidential as required by law. The accuracy and completeness of the data is the responsibility of the agency. The department shall use the data provided by the agencies to evaluate program outcomes and effectiveness as required by s. 165.957 (7), Stats.

Regarding the requirements for third-party examiners, [1.2]" >WIAC Trans 115.05 outlines the requirements for granting an examiner identification certificate to a third-party examiner. To be granted an examiner identification certificate, a third-party examiner must make an application to the department, possess a valid Wisconsin CDL with classification and endorsements necessary for operation of the class and type of CMV used in the CDL skills tests conducted by the examiner, have 2 years licensed experience operating the class of CMV used in the CDL skills test conducted by the examiner, have successfully passed and paid all fees for a department sanctioned CDL examiner training course, within 4 years prior to application have had no convictions for operating any motor vehicle while intoxicated, within 4 years prior to application have had no operator’s license suspensions, revocations, cancellations or disqualifications for a traffic offense other than parking violations, have had no conviction involving fraudulent activities, and within 10 years prior to application and subject to ss. 111.321, 111.322, and 111.335, Stats., have had no felony conviction. The applicant must also meet all physical standards outlined in the document. The department may require a report of medical examination, completed within the past 90 days, to determine the applicant’s ability to perform normal tasks associated with operating a commercial motor vehicle. The cost of obtaining the required medical information is the responsibility of the third-party examiner.

Finally, regarding network participants, [3.1]" >WIAC NR 193.75 outlines the qualifications and restrictions for network participants. A network participant is a person who volunteers or receives compensation to conduct network activities listed under s. NR 193.76 and who meets specific qualifications. The person must be approved by the department or by a network coordinator to be a network participant, registered with the department as a network participant and, if responsible for managing data, also registered as a user of the department’s statewide database. The person must complete a department-approved training program for any network activities they are approved to carry out, including collecting, reporting, and interpreting water quality, aquatic invasive species, or watercraft inspection data. The person must have completed a release of claims form 3200-101. The department may restrict network participants to include only those that satisfy specific conditions, including having access to the equipment necessary to carry out monitoring or prevention protocols, having access to a computer with an internet connection capable of transmitting data, having all safety equipment and training necessary to perform tasks in a safe manner, and meeting performance and conduct standards that may be specified in the volunteer agreement or contract.

In summary, collecting third-party data in Wisconsin is possible, but specific requirements must be met depending on the purpose of the data collection. If you are seeking to collect third-party data, it is recommended that you review the relevant Wisconsin Administrative Code sections and contact the appropriate department for guidance.

Source(s):
Jurisdiction

Wisconsin