AB850: Bill Text

AB850,10,12 166.02 (1r) "Bioterrorism" means the intentional use of any biological, chemical, or radiological agent to cause death, disease or biological malfunction in a human, animal, plant, or other living organism in order to influence the policy of a governmental unit or to intimidate or coerce the civilian population.

AB850, s. 17 Section 17. 166.02 (1t) of the statutes is created to read:

AB850,10,15 166.02 (1t) "Chemical agent" means a substance that has chemical properties that produce lethal or serious effects in plants or animals.

AB850, s. 18 Section 18. 166.02 (7) of the statutes is created to read:

AB850,10,18 166.02 (7) "Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all of the following criteria:

AB850,10,20 (a) Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent.

AB850,10,21 (b) Poses a high probability of any of the following:

AB850,10,22 1. A large number of deaths or serious or long-term disabilities among humans.

AB850,10,25 2. A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people.

AB850, s. 19 Section 19. 166.02 (8) of the statutes is created to read:

AB850,11,3 166.02 (8) "Radiological agent" means radiation or radioactive material at a level that is dangerous to human health.

AB850, s. 20 Section 20. 166.03 (1) (b) 1. of the statutes is amended to read:

AB850,11,16 166.03 (1) (b) 1. Proclaim a state of emergency for the state or any portion thereof of the state if he or she determines that an emergency resulting from enemy action or natural or man-made disaster exists. If the governor determines that a public health emergency exists, he or she may declare a state of emergency related to public health and may designate the department of health and family services as the lead state agency to respond to that emergency. The duration of such state of emergency shall not exceed 60 days as to emergencies resulting from enemy action or 30 days as to emergencies resulting from natural or man-made disaster, unless either is extended by joint resolution of the legislature. A copy of the proclamation shall be filed with the secretary of state. The proclamation may be revoked at the discretion of either the governor by written order or the legislature by joint resolution.

AB850, s. 21 Section 21. 166.03 (2) (a) 6. of the statutes is created to read:

AB850,11,22 166.03 (2) (a) 6. No later than 90 days after a state of emergency relating to public health is declared and the department is designated under s. 166.03 (1) (b) 1. as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

AB850,11,24 a. The emergency powers used by the department of military affairs or its agents.

AB850,12,2 b. The expenses incurred by the department of military affairs and its agents in acting under the state of emergency related to public health.

AB850, s. 22 Section 22. 250.01 (6g) of the statutes is created to read:

AB850,12,6 250.01 (6g) "Public health authority" means the department, if the governor declares under s. 166.03 (1) (b) 1. a state of emergency related to public health and designates the department as the lead state agency to respond to that emergency.

AB850, s. 23 Section 23. 250.01 (6r) of the statutes is created to read:

AB850,12,8 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7).

AB850, s. 24 Section 24. 250.03 (3) of the statutes is created to read:

AB850,12,15 250.03 (3) (a) No later than 90 days after a state of emergency relating to public health is declared and the department is designated under s. 166.03 (1) (b) 1. as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

AB850,12,16 1. The emergency powers used by the public health authority or its agents.

AB850,12,18 2. The expenses incurred by the public health authority and its agents in acting under the state of emergency related to public health.

AB850, s. 25 Section 25. 250.03 (3) (b) of the statutes is created to read:

AB850,12,25 250.03 (3) (b) Biennially, beginning on July 1, 2002, after first consulting with the adjutant general, local health departments, health care providers, as defined in s. 146.81 (1), and law enforcement agencies, as defined in s. 165.77 (1) (b), the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on the preparedness of the public health system to address public health emergencies.

AB850, s. 26 Section 26. 250.042 of the statutes is created to read:

AB850,13,9 250.042 Powers and duties of the department as public health authority. (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority.

AB850,13,10 (2) As the public health authority, the department may do any of the following:

AB850,13,14 (a) From the appropriation under s. 20.435 (1) (e), purchase, store, or distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that the department determines are advisable to control a public health emergency.

AB850,13,15 (b) Act as specified in s. 252.041.

AB850, s. 27 Section 27. 251.05 (3) (e) of the statutes is created to read:

AB850,13,18 251.05 (3) (e) Act as agent of the department, if designated by the secretary under s. 250.042 (1).

AB850, s. 28 Section 28. 252.02 (title) of the statutes is amended to read:

AB850,13,20 252.02 (title) Powers and duties of department.

AB850, s. 29 Section 29. 252.02 (7) of the statutes is created to read:

AB850,13,24 252.02 (7) The department shall promulgate rules that specify medical conditions treatable by prescriptions or nonprescription drug products for which pharmacists and pharmacies must report under s. 440.142 (1).

AB850, s. 30 Section 30. 252.041 of the statutes is created to read:

AB850,14,5 252.041 Compulsory vaccination during a state of emergency. (1) Except as provided in sub. (2), during the period under which the department is designated as the lead state agency, as specified in s. 250.042 (2), the department, as the public health authority, may do all of the following as necessary to address a public health emergency:

AB850,14,8 (a) Order any individual to receive a vaccination unless the vaccination is reasonably likely to lead to serious harm to the individual or unless the individual, for reasons of religion or conscience, refuses to obtain the vaccination.

AB850,14,10 (b) Isolate or quarantine, under s. 252.06, any individual who is unable or unwilling for reasons specified under sub. (1) to receive vaccination under par. (a).

AB850,14,12 (2) The department shall promulgate rules that specify circumstances, if any, under which vaccination may not be performed on an individual.

AB850, s. 31 Section 31. 252.05 (1) of the statutes is amended to read:

AB850,14,21 252.05 (1) Any person licensed, permitted, registered or certified under ch. 441 or 448 knowing or having and any health care provider, as defined in s. 146.81 (1), who knows or has reason to know that a person treated or visited by him or her has a communicable disease, or having a communicable disease, has died, shall report the appearance of the communicable disease or the death to the local health officer. The local health officer shall report this information to the department or shall direct the person reporting to report to the department. Any person directed to report shall submit this information to the department.

AB850, s. 32 Section 32. 252.06 (1) of the statutes is amended to read:

AB850,15,2 252.06 (1) The department or the local health officer acting on behalf of the department may require isolation of the patient a patient or of an individual under s. 252.041 (2), quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary and which are as are determined by the department by rule.

AB850, s. 33 Section 33. 252.06 (4) of the statutes is renumbered 252.06 (4) (a).

AB850, s. 34 Section 34. 252.06 (4) (b) of the statutes is created to read:

AB850,15,5 252.06 (4) (b) If s. 250.042 (1) applies, all of the following apply:

AB850,15,7 1. No person, other than a person authorized by the public health authority or agent of the public health authority, may enter an isolation or quarantine premises.

AB850,15,9 2. A violation of subd. 1. is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB850,15,12 3. Any person, whether authorized under subd. 1. or not, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this section.

AB850, s. 35 Section 35. 440.142 of the statutes is created to read:

AB850,15,16 440.142 Reporting potential causes of public health emergency. (1) A pharmacist or pharmacy shall report to the department of health and family services all of the following:

AB850,15,19 (a) An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold for the treatment of medical conditions specified by the department of health and family services by rule under s. 252.02 (7).

AB850,15,21 (b) An unusual increase in the number of prescriptions dispensed that are antibiotic drugs.

AB850,15,23 (c) The dispensing of a prescription for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 166.02 (1r).

AB850,16,3 (2) A pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1).

AB850, s. 36 Section 36. 979.012 of the statutes is created to read:

AB850,16,10 979.012 Reporting deaths of public health concern. (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.

AB850,16,12 (2) In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:

AB850,16,13 (a) The illness or health condition of the deceased.

AB850,16,15 (b) The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.

AB850,16,16 (c) The name and address of the coroner or medical examiner.

AB850,16,19 (d) If the illness or health condition was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.

AB850, s. 37 Section 37. Nonstatutory provisions.

AB850,16,21 (1) Exceptions to compulsory vaccination; rules.

AB850,16,25 (a) The department of health and family services shall submit in proposed form the rules required under section 252.041 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB850,17,10 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.041 (2) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB850,17,12 (2) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.

AB850,17,16 (a) The department of health and family services shall submit in proposed form the rules required under section 252.02 (7) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB850,18,2 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.02 (7) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB850, s. 38 Section 38. Effective dates. This act takes effect on the day after publication, except as follows:

AB850,18,7 (1) Exceptions to compulsory vaccination; rules. The treatment of section 252.041 (1) of the statutes takes effect on the first day of the fifth month beginning after publication.

AB850,18,10 (2) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules. The treatment of section 440.142 (1) of the statutes takes effect on the first day of the fifth month beginning after publication.

AB850,18,11 (End)