DHS 181.03(7)
(7) "Health care provider" means a physician, nurse, hospital administrator, local health officer or director of a blood drawing site.
DHS 181.03(9)
(9) "Local health officer" means the person in charge of a local health department.
DHS 181.03(10)
(10) "Lead poisoning or lead exposure" means a concentration of lead in the blood of 10 micrograms or more of lead per 100 milliliters of human blood.
DHS 181.03(12)
(12) "Screens" means taking a sample of blood from a person and sending the blood sample to a clinical laboratory for determination of the concentration of lead in the person's blood.
DHS 181.03(13)
(13) "Person who screens for lead poisoning or lead exposure" means a physician, nurse, hospital administrator, local health officer, director of a clinical laboratory or director of a blood drawing site who screens blood samples for determination of the concentration in the blood.
DHS 181.03 History
History:
Cr.
Register, May, 2000, No. 533, eff. 6-1-00; corrections in (5) and (11) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register January 2009 No. 637.
DHS 181.04
DHS 181.04
Reporting responsibility and test result access. DHS 181.04(1)(1) The results of all blood lead tests performed on blood samples taken from Wisconsin residents shall be reported to the department.
DHS 181.04(2)
(2) When a health care provider sends a blood sample to a clinical laboratory for determination of the concentration of lead in the blood, the health care provider shall include with the blood sample all the information required under
s. DHS 181.06 (1).
DHS 181.04(3)(a)(a) Except as provided in
par. (b), directors of clinical laboratories shall report to the department the results of all blood lead tests and the other information as described in
s. DHS 181.06 for each blood lead test regardless of the concentration of lead in the blood.
DHS 181.04(3)(b)
(b) If there is a written agreement between the health care provider and the clinical laboratory, the health care provider may report the blood lead test results and the other information described in
s. DHS 181.06 to the department.
DHS 181.04(3)(c)
(c) If the health care provider sends blood samples to a clinical laboratory outside of Wisconsin, the health care provider shall report the blood lead test results and other information described in
s. DHS 181.06 to the department.
DHS 181.04(4)
(4) A health care provider shall be considered to have met the requirement under s.
254.13 (1), Stats., to report results to the department if the health care provider submits the information required under
s. DHS 181.06 (1) in writing with the blood sample when sending the blood sample to a clinical laboratory for determination of the concentration of lead in blood except as indicated in
sub. (3) (c).
DHS 181.04(5)
(5) Blood sample test results shall be accessible to health care providers treating the person tested. If the blood sample test results indicate lead poisoning or lead exposure, the department shall transmit results of the test to the local health department in the area in which the person tested resides.
DHS 181.04(6)
(6) At the direction of the department and at the request of the local health department, a laboratory director or a health care provider under
sub. (3) (b) shall report results of blood lead tests directly to the local health department in the area in which the person tested resides. The local health department shall transmit results of blood lead tests and the other information required by
s. DHS 181.06 at least quarterly to the department in a format acceptable to the department.
DHS 181.04(7)
(7) Failure to report blood lead results is a violation of this chapter and therefore the person responsible is subject to prosecution under
s. DHS 181.08.
DHS 181.04 Note
Note: To obtain information about reporting or to send blood test results and other patient information, write or call the Lead Poisoning Prevention Program, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659, telephone (608) 266-5817.
DHS 181.04 History
History:
Cr.
Register, May, 2000, No. 533, eff. 6-1-00;
CR 04-040: r. and recr. (5)
Register November 2004 No. 587, eff. 12-1-04.
DHS 181.05(1)(a)
(a) Blood lead concentrations of 45 micrograms or more of lead per 100 milliliters of blood shall be reported to the department within 24 hours from the time the analysis is completed.
DHS 181.05 Note
Note: For patients with blood lead results of 45 micrograms lead per 100 milliliters of blood or more, report to the Department blood lead test results and other patient information by telephoning or faxing: Lead Poisoning Prevention Program, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659; telephone (608) 266-5817; fax (608) 267-0402.
DHS 181.05(1)(b)
(b) Blood lead concentrations of 10 micrograms or more of lead but less than 45 micrograms of lead per 100 milliliters of blood shall be reported to the department within 48 hours from the time the analysis is completed.
DHS 181.05(1)(c)
(c) Blood lead concentrations of less than 10 micrograms of lead per 100 milliliters of blood shall be reported to the department within 30 days from the time the analysis is completed.
DHS 181.05(2)
(2) Failure to report blood lead test results in the timeframe identified in this section is a violation of this chapter and therefore the person responsible is subject to prosecution under
s. DHS 181.08.
DHS 181.05 History
History:
Cr.
Register, May, 2000, No. 533, eff. 6-1-00.
DHS 181.06(1)(1)
Information to accompany blood sample for laboratory analysis. Any health care provider who submits a human blood sample to a clinical laboratory for a determination of the lead concentration in the blood shall include all of the following information with the blood sample:
DHS 181.06(1)(d)
(d) The patient's race: Z=Unknown, W=White, B=Black, A=Asian, N=Native American, O=Other.
DHS 181.06(1)(e)
(e) The patient's ethnicity: Z=unknown, H=Hispanic, N= Non-Hispanic.
DHS 181.06(1)(f)
(f) The patient's street address, apartment number, city or town, county and zip code.
DHS 181.06 Note
Note: A street address must be provided if available. A post office box is not an acceptable alternative.
DHS 181.06(1)(g)
(g) For a patient under 18 years of age, a parent's or guardian's first name, middle initial and last name.
DHS 181.06(1)(h)
(h) For a patient under 18 years of age, a parent's or guardian's area code and phone number.
DHS 181.06(1)(i)
(i) For a patient 16 years of age or older, and if the patient is employed, the employer's name, street address, city or town, state and zip code.
DHS 181.06(1)(j)
(j) For a patient 16 years of age or older, the patient's occupation, if employed.
DHS 181.06(1)(m)
(m) The method of blood sample collection, venous or capillary.
DHS 181.06(1)(n)
(n) The name of the health care provider submitting the blood sample, the name of that person's facility or practice, street address, city or town, state, zip code, area code and phone number.
DHS 181.06(1)(o)
(o) The name and address of the patient's physician, if other than the health care provider.
DHS 181.06(2)
(2) Additional information to be provided by laboratory. A clinical laboratory that determines the lead concentration in a sample of blood submitted to it for a blood lead test shall submit to the department a report on the results of the blood lead test in accordance with
ss. DHS 181.05 and
181.07. That report shall include all the information in
sub. (1) and, in addition, all of the following information:
DHS 181.06(2)(a)
(a) The name of the clinical laboratory performing the analysis, and the laboratory's street address, city or town, state, zip code, area code and phone number and clinical laboratory improvement amendments number.
DHS 181.06(2)(b)
(b) The month, date and year the laboratory analysis was completed.
DHS 181.06(2)(c)
(c) Results of the blood lead test in micrograms of lead per 100 milliliters of blood.
DHS 181.06(3)
(3) Failure to include information. Failure to include in the report on blood lead results all of the information required under
subs. (1) and
(2) is a violation of this chapter and therefore the person responsible is subject to prosecution under
s. DHS 181.08.
DHS 181.06 History
History:
Cr.
Register, May, 2000, No. 533, eff. 6-1-00.
DHS 181.07
DHS 181.07
Form of report submitted to the department. Reporting to the department shall be by electronic means in a format acceptable to the department unless the laboratory or other person who screens for lead poisoning or lead exposure does not have suitable electronic data transport capability, in which case, reports may be paper reports in a format acceptable to the department.
DHS 181.07 Note
Note: See Appendix A to this chapter for an acceptable format for either electronic or paper reporting of blood lead test results. To obtain more information about acceptable formats, write or call the Lead Poisoning Prevention Program, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659; telephone (608) 266-5817.
DHS 181.07 History
History:
Cr.
Register, May, 2000, No. 533, eff. 6-1-00.
DHS 181.08
DHS 181.08
Enforcement, penalties and immunity from liability. DHS 181.08(1)(1)
Enforcement. Pursuant to s.
254.30 (1) (b), Stats., the department may report violations of this chapter to the district attorney of the county in which the violation occurred for enforcement action.
DHS 181.08(2)(a)(a)
Civil. Pursuant to s.
254.30 (2) (a), Stats., any physician, nurse, hospital administrator, local health officer, director of a clinical laboratory or director of a blood drawing site who violates any provision of this chapter may be required to forfeit not less than $100 nor more than $1,000. Each day of continued violation constitutes a separate offense.
DHS 181.08(2)(b)
(b)
Criminal. Pursuant to s.
254.30 (2) (b), Stats., any physician, nurse, hospital administrator, local health officer, director of a clinical laboratory or director of a blood drawing site who knowingly violates any provision of this chapter may be required to forfeit not less than $100 nor more than $5,000. The court may place the person on probation under s.
973.09, Stats., for a period not to exceed 2 years.
DHS 181.08(3)
(3) Immunity from liability. As provided in s.
254.13, Stats., a person making a report under this chapter in good faith is immune from civil or criminal liability that might otherwise be incurred from making the report.
DHS 181.08 History
History:
Cr.
Register, May, 2000, No. 533, eff. 6-1-00.
