Feed for /2009/related/acts/209 PDF
103.15 (2) (b) Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as defined in s. 252.01 (2m).
209,11 Section 11. 103.15 (3) of the statutes is amended to read:
103.15 (3) Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV is prohibited, except as provided under sub. (2) (intro.).
209,12 Section 12. 118.125 (2m) (b) of the statutes is amended to read:
118.125 (2m) (b) Any pupil record that concerns the results of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, as defined in s. 252.01 (2m), shall be treated as provided under s. 252.15. In this subsection, "HIV" has the meaning given in s. 252.01 (1m).
209,13 Section 13. 146.81 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:
146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical technician, as defined in s. 256.01 (5), or a first responder, as defined in s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). "Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (2) (a) 7. (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125.
209,14 Section 14. 149.12 (1) (intro.) of the statutes is amended to read:
149.12 (1) (intro.) Except as provided in subs. (1m), (2), and (3), the authority shall certify as eligible a person who is covered by Medicare because he or she is disabled under 42 USC 423, a person who submits evidence that he or she has tested positive for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV, a positive, validated HIV test result, as defined in s. 252.01 (8); a person who is an eligible individual, ; and any person who receives and submits any of the following based wholly or partially on medical underwriting considerations within 9 months prior to making application for coverage by the plan:
209,15 Section 15. 252.01 (2m) of the statutes is created to read:
252.01 (2m) "HIV test" means a test for the presence of HIV or an antibody to HIV.
209,16 Section 16. 252.01 (8) of the statutes is amended to read:
252.01 (8) "Validated HIV test result" means a result of a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that meets the validation requirements determined to be necessary by the state epidemiologist.
209,17 Section 17. 252.11 (5m) of the statutes is amended to read:
252.11 (5m) A health care professional, as defined in s. 968.38 (1) (a), acting under an order of a court under s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining informed consent to the testing, subject an individual to a test or a series of tests to ascertain whether that individual is infected with a sexually transmitted disease. No sample used for performance of a test under this subsection may disclose the name of the test subject.
209,18 Section 18. 252.11 (7) of the statutes is amended to read:
252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or (5) or 968.38 (4) or (5). If a physician or advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.
209,19 Section 19. 252.12 (1) (b) of the statutes is created to read:
252.12 (1) (b) "AIDS service organizations" means nonprofit corporations or public agencies that provide, or arrange for the provision of, comprehensive services to prevent HIV infection and comprehensive health and social services for persons who have HIV infection, and that are designated as such by the department under sub. (4).
209,20 Section 20. 252.12 (2) (a) 3. d. of the statutes is amended to read:
252.12 (2) (a) 3. d. Locations for procuring additional information or obtaining HIV testing services.
209,21 Section 21. 252.12 (2) (a) 5. of the statutes is amended to read:
252.12 (2) (a) 5. The department shall perform HIV tests for the presence of HIV and, if appropriate, tests for the presence of related infections and shall conduct behavioral surveys among population groups determined by the department to be highly at risk of becoming infected with or transmitting HIV and related infections. Information obtained shall be used to develop targeted HIV infection and related infection prevention efforts for these groups and to evaluate the state's prevention strategies.
209,22 Section 22. 252.12 (2) (a) 7. of the statutes is amended to read:
252.12 (2) (a) 7. The department shall distribute funding in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous or confidential counseling services for HIV and, laboratory HIV testing services for the presence of HIV, and, if appropriate, laboratory testing services for the presence of related viruses.
209,23 Section 23. 252.12 (4) of the statutes is created to read:
252.12 (4) Designation of AIDS service organizations. The department shall designate AIDS service organizations and specify the geographical area of the state in which they are designated to provide services.
209,24 Section 24. 252.13 (title) of the statutes is amended to read:
252.13 (title) Blood HIV tests for HIV.
209,25 Section 25. 252.13 (1m) of the statutes is amended to read:
252.13 (1m) Except as provided under sub. (3), any blood bank, blood center or plasma center in this state that purchases or receives whole blood, blood plasma, a blood product or a blood derivative shall, prior to its distribution or use and in accordance with informed consent under the requirements of conditions under s. 252.15 (2) (b) (2m) (a), subject that blood, plasma, product or derivative to a an HIV test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. This subsection does not apply to a blood bank that purchases or receives whole blood, blood plasma, a blood product or a blood derivative from a blood bank, blood center or plasma center in this state if the whole blood, blood plasma, blood product or blood derivative has previously been subjected to a an HIV test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable under sub. (1r) (a) to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
209,26 Section 26. 252.13 (1r) (intro.) of the statutes is amended to read:
252.13 (1r) (intro.) For the purposes of this section, the state epidemiologist shall make separate findings of medical significance and sufficient reliability for a an HIV test or a series of HIV tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV for each of the following purposes:
209,27 Section 27. 252.13 (3) of the statutes is amended to read:
252.13 (3) If a medical emergency, including a threat to the preservation of life of a potential donee, exists under which whole blood, blood plasma, a blood product, or a blood derivative that has been subjected to HIV testing under sub. (1m) is unavailable, the requirement of sub. (1m) shall not apply.
209,28 Section 28. 252.13 (4) of the statutes is amended to read:
252.13 (4) Subsections (1m) and (2) do not apply to the extent that federal law or regulations require that a blood bank, blood center, or plasma center administer an HIV test to whole blood, blood plasma, a blood product, or a blood derivative.
209,29 Section 29. 252.13 (5) of the statutes is amended to read:
252.13 (5) Whole blood, blood plasma, a blood product, or a blood derivative described under sub. (2) that is voluntarily donated solely for the purpose of an autologous transfusion may be distributed to or used by the person who has donated the whole blood, blood plasma, blood product, or blood derivative. No person other than the person who has donated the whole blood, blood plasma, blood product, or blood derivative may receive or use the whole blood, blood plasma, blood product, or blood derivative unless it has been subjected to a an HIV test under sub. (1m) and performance of the test has yielded a negative, validated HIV test result for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
209,30 Section 30. 252.133 (title) of the statutes is created to read:
252.133 (title) HIV testing for anatomical gifts.
209,31 Section 31. 252.14 (2) (intro.) of the statutes is amended to read:
252.14 (2) (intro.) No health care provider, peace officer, fire fighter, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, home health agency, inpatient health care facility, or person who has access to a validated HIV test result may do any of the following with respect to an individual who has acquired immunodeficiency syndrome or has a positive, validated HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV result, solely because the individual has HIV infection or an illness or medical condition that is caused by, arises from, or is related to HIV infection:
209,32 Section 32. 252.14 (2m) of the statutes is created to read:
252.14 (2m) If a person declines to be subjected to an HIV test, a health care provider may not use the fact that the person declined an HIV test as a basis for denying services or treatment, other than an HIV test, to the person.
209,33 Section 33. 252.14 (3) of the statutes is amended to read:
252.14 (3) A health care provider, home health agency, or inpatient health care facility that tests an individual for HIV infection shall provide counseling about HIV and referral for appropriate health care and support services as necessary. A health care provider, home health agency, or inpatient health care facility that treats an individual who has an HIV infection or acquired immunodeficiency syndrome shall develop and follow procedures that shall ensure continuity of care for the individual in the event that his or her condition exceeds the scope of licensure or certification of the provider, agency, or facility.
209,34 Section 34. 252.14 (4) of the statutes is amended to read:
252.14 (4) Any person violating sub. (2) is liable to the patient for actual damages and costs, plus exemplary damages of up to $5,000 $10,000 for an intentional violation. In determining the amount of exemplary damages, a court shall consider the ability of a health care provider who is an individual to pay exemplary damages.
209,35 Section 35. 252.15 (title) of the statutes is amended to read:
252.15 (title) Restrictions on use of a an HIV test for HIV.
209,36 Section 36. 252.15 (1) (ab) of the statutes is repealed.
209,37 Section 37. 252.15 (1) (ac) of the statutes is created to read:
252.15 (1) (ac) "Authorized representative" means any of the following:
1. A health care agent, as defined under s. 155.01 (4), acting in accordance with a power of attorney for health care that is in effect under s. 155.05 (2).
2. A person named by the court under ch. 48 or 54 or ch. 880, 2003 stats., having the duty and authority of guardianship.
3. A parent or legal custodian of a person who is under 14 years of age.
4. For a person who is unable to communicate due to a medical condition, the person's closest living relative or another individual with whom the person has a meaningful social and emotional relationship.
209,38 Section 38. 252.15 (1) (am) of the statutes is amended to read:
252.15 (1) (am) "Health care professional" means a physician or physician assistant who is licensed under ch. 448 or a registered nurse or licensed practical nurse who is licensed under ch. 441.
209,39 Section 39. 252.15 (1) (d) of the statutes is repealed.
209,40 Section 40. 252.15 (1) (e) of the statutes is repealed.
209,41 Section 41. 252.15 (1) (em) (intro.) of the statutes is amended to read:
252.15 (1) (em) (intro.) "Significantly exposed" "Significant exposure" means sustained a contact which that carries a potential for a transmission of HIV, by one or more of the following:
209,42 Section 42. 252.15 (1) (fm) of the statutes is amended to read:
252.15 (1) (fm) "Universal Standard precautions" means measures that a health care provider, an employee of a health care provider or other individual takes in accordance with recommendations of the federal centers for disease control for the health care provider, employee or other individual for prevention of HIV transmission in health-care settings.
209,43 Section 43. 252.15 (2) (title) of the statutes is repealed.
209,44 Section 44. 252.15 (2) (a) (intro.) of the statutes is repealed.
209,45 Section 45. 252.15 (2) (a) 1. of the statutes is renumbered 252.133 (1) and amended to read:
252.133 (1) Except as provided in subd. 1g. sub. (2), a health care provider, as defined in s. 252.15 (1) (ar), who procures, processes, distributes, or uses a human body part or human tissue that is the subject of an anatomical gift under s. 157.06 shall, without obtaining consent to the testing, have an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV performed on the donor of the body part or tissue in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a an HIV test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV that yields a validated HIV test result. If the validated HIV test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
209,46 Section 46. 252.15 (2) (a) 1g. of the statutes is renumbered 252.133 (2) and amended to read:
252.133 (2) If a medical emergency, as determined by the attending physician of a potential donee of a human body part or human tissue and including a threat to the preservation of life of the potential donee, a medical emergency exists under which a human body part or human tissue that has been subjected to testing under subd. 1. sub. (1) is unavailable, including a threat to the preservation of the the life of the potential donee, the requirement of subd. 1. sub. (1) does not apply.
209,47 Section 47. 252.15 (2) (a) 2. of the statutes is renumbered 252.15 (2m) (b) 1. and amended to read:
252.15 (2m) (b) 1. The HIV testing of any body fluid or tissue that is performed by the department, a laboratory certified under 42 USC 263a, or a health care provider, blood bank, blood center, or plasma center may, for the purpose of research and without first obtaining written consent to the testing, subject any body fluids or tissues to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
209,48 Section 48. 252.15 (2) (a) 3. of the statutes is renumbered 252.15 (2m) (b) 2. and amended to read:
252.15 (2m) (b) 2. The medical director HIV testing of a resident or patient of a center for the developmentally disabled, as defined in s. 51.01 (3), or a mental health institute, as defined in s. 51.01 (12), may, without obtaining consent to the testing, subject a resident or patient of the center or institute to a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV if he or she if the medical director of the center or institute determines that the conduct of the resident or patient poses a significant risk of transmitting HIV to another resident or patient of the center or institute and if the medical director provides the resident or patient, or the resident's or patient's guardian, an explanation of the HIV test result.
209,49 Section 49. 252.15 (2) (a) 4. of the statutes is repealed.
209,50 Section 50. 252.15 (2) (a) 6. of the statutes is renumbered 252.15 (2m) (b) 3. and amended to read:
252.15 (2m) (b) 3. A HIV testing by a health care professional acting under an order of the court under subd. 7. sub. (5j) or s. 938.296 (4) or (5) or 968.38 (4) or (5) may, without first obtaining consent to the testing, subject an individual to a test or a series of tests to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and, notwithstanding sub. (4) (c), the HIV test results may not be made part of the individual's permanent medical record.
209,51 Section 51. 252.15 (2) (a) 7. a. of the statutes is renumbered 252.15 (5g) (a) 1. and amended to read:
252.15 (5g) (a) 1. If all of the conditions under subd. 7. ai. to c. are met, an The person is an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper, and the contact occurred during the course of the person providing care or services to an the individual; .
2. The person is a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper, and the contact occurred while the person was searching or arresting an the individual or while controlling or transferring an the individual in custody;.
3. The person is a health care provider or an employee of a health care provider, and the contact occurred during the course of the person providing care or treatment to an the individual or handling or processing specimens of body fluids or tissues of an the individual;.
4. The person is a staff member of a state crime laboratory, and the contact occurred during the course of the person handling or processing specimens of body fluids or tissues of an the individual;.
5. The person is a social worker; or an employee of a school district, cooperative educational service agency, charter school, private school, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired, and the contact occurred while the person was performing employment duties involving an the individual; who is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.
209,52 Section 52. 252.15 (2) (a) 7. ai. of the statutes is renumbered 252.15 (5g) (b) and amended to read:
252.15 (5g) (b) The affected person uses universal If the contact occurs as provided under par. (a) 1. to 5., the entity that employs or contracts with the person to provide the services described under par. (a) 1. to 5. requires, as a general policy, that standard precautions, if any, against significant exposure, and was using universal precautions at the time that he or she was significantly exposed be taken during provision of the services, except in those emergency circumstances in which the time necessary for use of the universal standard precautions would endanger the life of the individual.
209,53 Section 53. 252.15 (2) (a) 7. ak. of the statutes is renumbered 252.15 (5g) (c) and amended to read:
252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the affected person has been significantly exposed had contact that constitutes a significant exposure. The certification shall accompany the request for HIV testing and disclosure. If the affected person who is significantly exposed is a physician, physician assistant, or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice nurse prescriber to document the occurrence of the contact that constitutes a significant exposure and the physician's, physician assistant's, or advanced practice nurse prescriber's certification that an affected the person has been significantly exposed, under this subd. 7. ak. had contact that constitutes a significant exposure, shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).
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