Feed for /2007/statutes/statutes/255 PDF
255.03(2) (2) Establish programs of community and professional education relevant to the detection, prevention and control of chronic diseases.
255.03(3) (3) Assist local health departments in performing activities related to chronic disease, including risk assessment, monitoring, surveillance and education.
255.03 History History: 1993 a. 27.
255.04 255.04 Cancer reporting.
255.04(1)(1) Any hospital, as defined under s. 50.33 (2), any physician and any laboratory certified under 42 USC 263a shall report information concerning any person diagnosed as having cancer or a precancerous condition to the department as prescribed by the department under sub. (2).
255.04(2) (2) The department shall prescribe:
255.04(2)(a) (a) The form on which the report under sub. (1) shall be submitted.
255.04(2)(b) (b) The time schedule under which the report under sub. (1) shall be submitted.
255.04(2)(c) (c) The types of cancer and precancerous conditions to be reported under sub. (1).
255.04(3) (3) Any information reported to the department under sub. (1) or (5) which could identify any individual who is the subject of the report or a physician submitting the report shall be confidential and may not be disclosed by the department except to the following:
255.04(3)(a) (a) A central tumor registry in another state if the individual who is the subject of the information resides in the other state.
255.04(3)(b) (b) A national tumor registry recognized by the department.
255.04(4) (4) The report of information under sub. (1) or (5) may not be construed as a violation of any person's responsibility for maintaining the confidentiality of patient health care records, as defined under s. 146.81 (4).
255.04(5) (5) The department may, to the extent feasible, collect information related to the occupation of cancer patients in order to fulfill the purpose of s. 250.04 (3) (b) 4.
255.04 History History: 1985 a. 29; 1989 a. 173 ss. 2, 13; 1993 a. 16; 1993 a. 27 s. 48; Stats. 1993 s. 255.04; 1993 a. 183; 1997 a. 114.
255.05 255.05 Cancer control and prevention grants.
255.05(1) (1)Definitions. In this section:
255.05(1)(a) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, community-based residential facility or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09.
255.05(1)(b) (b) "Nonprofit corporation" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
255.05(1)(c) (c) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals.
255.05(1)(d) (d) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
255.05(2) (2) From the appropriation under s. 20.435 (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.
255.05(3) (3) The department shall promulgate rules establishing the criteria and procedures for the awarding of grants for projects under sub. (2).
255.05 History History: 1987 a. 399; 1989 a. 31; 1991 a. 39; 1993 a. 27 s. 344; Stats. 1993 s. 255.05; 1995 a. 27; 1997 a. 27, 79; 1999 a. 9; 2007 a. 96.
255.05 Cross-reference Cross Reference: See also ch. DHS 147, Wis. adm. code.
255.054 255.054 Prostate cancer research program.
255.054(1) (1) The Medical College of Wisconsin, Inc., and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under ss. 20.250 (2) (h) and 20.285 (1) (gn) for prostate cancer research projects. These moneys may not be used to supplant funds available for prostate cancer research from other sources.
255.054(2) (2) Annually by January 1, the Medical College of Wisconsin, Inc., and the Board of Regents of the University of Wisconsin System shall each report to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor on the prostate cancer research projects each has conducted under sub. (1) in the previous fiscal year.
255.054 History History: 2005 a. 460.
255.055 255.055 Breast cancer research program.
255.055(1) (1) The Medical College of Wisconsin, Inc., and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under ss. 20.250 (2) (g) and 20.285 (1) (gm) for breast cancer research projects. These moneys may not be used to supplant funds available for breast cancer research from other sources.
255.055(2) (2) Annually by January 1, the Medical College of Wisconsin, Inc., and the Board of Regents of the University of Wisconsin System shall each report to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor on the breast cancer research projects each has conducted under sub. (1) in the previous fiscal year.
255.055 History History: 2003 a. 176.
255.056 255.056 Cancer and chronic diseases drug repository.
255.056(1)(1)Definitions. In this section:
255.056(1)(a) (a) "Cancer or chronic disease drug" means a prescription drug that is used to treat any of the following:
255.056(1)(a)1. 1. Cancer or chronic disease or side effects of cancer or chronic disease.
255.056(1)(a)2. 2. The side effects of any prescription drug under subd. 1.
255.056(1)(am) (am) "Chronic disease" means any disease, illness, impairment, or other physical condition, other than cancer, that requires health care and treatment over a prolonged period and, although amenable to treatment, frequently progresses to increasing disability or death.
255.056(1)(b) (b) "Dispense" has the meaning given in s. 450.01 (7).
255.056(1)(c) (c) "Medical facility" has the meaning given in s. 943.145 (1).
255.056(1)(d) (d) "Pharmacist" has the meaning given in s. 450.01 (15).
255.056(1)(e) (e) "Pharmacy" means a pharmacy that is licensed under s. 450.06.
255.056(1)(f) (f) "Practitioner" has the meaning given in s. 450.01 (17).
255.056(1)(g) (g) "Prescription drug" has the meaning given in s. 450.01 (20).
255.056(1)(h) (h) "Supplies" means items that are necessary to administer a cancer or chronic disease drug.
255.056(2) (2) The department shall establish and maintain a cancer and chronic diseases drug repository program, under which any person may donate a cancer or chronic disease drug or supplies for use by an individual who meets eligibility criteria specified by rule by the department. Donation may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets requirements specified by rule by the department. The medical facility or pharmacy may charge an individual who receives a cancer or chronic disease drug or supplies under this subsection a handling fee that may not exceed the amount specified by rule by the department. A medical facility or pharmacy that receives a donated cancer or chronic disease drug or supplies under this subsection may distribute the cancer or chronic disease drug or supplies to another eligible medical facility or pharmacy for use under the program under this section.
255.056(3) (3) A cancer or chronic disease drug or supplies may be accepted and dispensed under the program specified in sub. (2) only if all of the following requirements are met:
255.056(3)(a) (a) The cancer or chronic disease drug or supplies are in their original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(3)(b) (b) The cancer or chronic disease drug bears an expiration date that is later than 6 months after the date that the drug was donated.
255.056(3)(c) (c) The cancer or chronic disease drug or supplies are not adulterated or misbranded, as determined by a pharmacist employed by, or under contract with, the medical facility or pharmacy, who shall inspect the drug or supplies before the drug or supplies are dispensed.
255.056(3)(d) (d) The cancer or chronic disease drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist.
255.056(4) (4) No cancer or chronic disease drug or supplies that are donated for use under this section may be resold.
255.056(5) (5) Nothing in this section requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the program under this section.
255.056(6) (6)
255.056(6)(a)(a) Unless the manufacturer of a drug or supply exercises bad faith, the manufacturer is not subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a cancer or chronic disease drug or supply manufactured by the manufacturer that is donated by any person under this section, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated cancer or chronic disease drug or supply.
255.056(6)(b) (b) Except as provided in par. (c), any person, except the manufacturer of a drug or supply, is immune from civil liability for injury to or the death of the individual to whom the cancer or chronic disease drug or supply is dispensed and may not be found guilty of unprofessional conduct for his or her acts or omissions related to donating, accepting, distributing, or dispensing a cancer or chronic disease drug or supply under this section.
255.056(6)(c) (c) The immunity or the prohibition on a finding of guilty of unprofessional conduct under par. (b) does not extend to donation, acceptance, distribution, or dispensation of a cancer or chronic disease drug or supply by a person whose act or omission involves reckless, wanton, or intentional misconduct.
255.056(7) (7) The department shall promulgate all of the following as rules:
255.056(7)(a) (a) Requirements for medical facilities and pharmacies to accept and dispense donated cancer or chronic disease drugs or supplies under this section, including all of the following:
255.056(7)(a)1. 1. Eligibility criteria.
255.056(7)(a)2. 2. Standards and procedures for accepting, safely storing, and dispensing donated cancer or chronic disease drugs or supplies.
255.056(7)(a)3. 3. Standards and procedures for inspecting donated cancer or chronic disease drugs or supplies to determine if the drug or supplies are in their original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(7)(a)4. 4. Standards and procedures for inspecting donated cancer or chronic disease drugs or supplies to determine that the drug or supplies are not adulterated or misbranded.
255.056(7)(b) (b) Eligibility criteria for individuals to receive donated cancer or chronic disease drugs or supplies dispensed under the program. The standards shall prioritize dispensation to individuals who are uninsured or indigent, but will permit dispensation to others if an uninsured or indigent individual is unavailable.
255.056(7)(c) (c) A means, such as an identification card, by which an individual who is eligible to receive a donated cancer or chronic disease drug or supplies may indicate that eligibility.
255.056(7)(d) (d) Necessary forms for administration of the cancer and chronic diseases drug repository program, including forms for use by persons that donate, accept, distribute, or dispense cancer or chronic disease drugs or supplies under the program.
255.056(7)(e) (e) The maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated cancer or chronic disease drugs or supplies The fee under this paragraph may not be less than 300 percent of the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.
255.056(7)(f) (f) A list of cancer or chronic disease drugs and supplies, arranged by category or by individual drug or supply, that the cancer and chronic diseases drug repository program will accept for dispensing.
255.056(7)(g) (g) A list of cancer or chronic disease drugs and supplies, arranged by category or by individual drug or supply, that the cancer and chronic diseases drug repository program will not accept for dispensing. The list shall include a statement that specifies the reason that the drug or supplies are ineligible for donation.
255.056 History History: 2003 a. 175, 327; 2005 a. 16.
255.056 Cross-reference Cross Reference: See also ch. DHS 148, Wis. adm. code.
255.06 255.06 Well-woman program.
255.06(1)(1)Definitions. In this section:
255.06(1)(a) (a) "Hospital" has the meaning given in s. 50.33 (2).
255.06(1)(b) (b) "Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.
255.06(1)(c) (c) "Medicare" has the meaning given in s. 49.498 (1) (f).
255.06(1)(d) (d) "Nurse practitioner" means a registered nurse licensed under ch. 441 or in a party state, as defined in s. 441.50 (2) (j), whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
255.06(1)(e) (e) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2).
255.06(2) (2)Well-woman program. From the appropriation under s. 20.435 (5) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under s. 20.435 (5) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
255.06(2)(a) (a) Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older and whose income does not exceed 250 percent of the poverty line, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. The department shall reduce reimbursement for a service provided under this paragraph by the amount of any applicable 3rd-party coverage.
255.06(2)(b) (b) Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under pars. (a) and (c) and to promote health care screening services for women that are available under par. (e).
255.06(2)(c) (c) Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06(2)(d) (d) Specialized training to for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.
255.06(2)(e) (e) Health care screening, referral, follow-up, case management, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, case management, and patient education to low-income, underinsured, and uninsured women.
255.06(2)(f) (f) Women's health campaign. Conduct a women's health campaign to do all of the following:
255.06(2)(f)1. 1. Increase women's awareness of issues that affect their health.
255.06(2)(f)2. 2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
255.06(2)(g) (g) Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.
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This is an archival version of the Wis. Stats. database for 2007. See Are the Statutes on this Website Official?