AB850: Bill Text Engrossed

The bill also permits a public health authority, during a period of a state of emergency relating to public health, to do all of the following:

1. Issue and enforce orders that are reasonable and necessary to provide for the safe disposal of human remains, including by embalming, burial, cremation, interment, disinterment, transportation, and other disposal.

2. Take possession and control of any human remains.

3. Order the disposal, through burial or cremation, of any human remains of an individual who has died of a communicable disease, within 24 hours after the individual's death.

4. If reasonable and necessary for emergency response, require a funeral establishment, as a condition of its permit, to accept human remains or provide the use of its business to the public health authority for the period of the state of emergency. Reasonable and necessary expenses of the funeral establishment in complying with these requirements may be paid by DHFS from the sum sufficient appropriation created under the bill.

5. Require the labeling of all human remains before disposal with all available identifying information and information concerning the circumstances of death, and require the tagging of the human remains of an individual with a communicable disease.

6. Maintain or require maintenance of a written or electronic record of all human remains that are disposed of and, if it is impossible to identify the human remains, require that fingerprints, photographs, or identifying dental information be obtained and a specimen of deoxyribonucleic acid be collected.

7. Authorize a county medical examiner or county coroner to appoint assistants or deputies, if necessary to perform the duties of the medical examiner or the coroner.

The bill requires a pharmacist or pharmacy to report to DHFS all of the following:

1. An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold for the treatment of medical conditions, as specified by DHFS by rule.

2. An unusual increase in the number of antibiotic drug prescriptions dispensed.

3. Prescriptions dispensed for treatment of a disease that is relatively uncommon or may be associated with bioterrorism.

If DHFS requests, the pharmacist or pharmacy must report personally identifying information, other than a social security number, concerning a person who is dispensed these prescriptions or purchases these nonprescription drug products.

The bill also requires a coroner or medical examiner to report to DHFS and to the local health department any illness or health condition of a deceased that is caused by bioterrorism or by a novel or previously controlled or eradicated biological agent.

This bill directs the laboratory of hygiene board to maintain a roster of scientists and others with technical expertise who are willing to work for the laboratory if the governor declares the existence of an emergency related to public health. The bill provides that if the governor declares such an emergency, the laboratory board must hire as limited-term employees the requisite number of persons from the roster to assist DHFS to perform the duties described above. The bill requires the employer of a person who is hired by the laboratory board to assist DHFS during an emergency related to public health, subject to certain exceptions and conditions, to reemploy the person on completion of that service in the position in which the person would have been employed or in a position of like seniority, status, and pay, and with the seniority that the person would have had, if the person's employment had not been interrupted by that service. In addition, the bill prohibits the employer of such a person from discharging the person, except for cause, for 180 days after reemployment, if the person's service with the laboratory was for more than 30 days, but less than 181 days, or for one year after reemployment, if that service was for more than 180 days. The bill also permits such a person, if covered under an employer-provided health benefit plan, to continue his or her coverage under the plan while absent from employment.

The bill requires a hospital to develop and maintain a system for granting emergency staff privileges to a health care provider who seeks to provide care at the hospital during a period of a state of emergency related to public health. The hospital granting these emergency staff privileges has immunity from civil liability for acts or omissions by the health care provider granted the staff privileges.

Lastly, beginning on July 1, 2002, after first consulting with the adjutant general, local health departments, health care providers, and law enforcement agencies, the bill requires DHFS to report biennially to the governor and to the legislature on the preparedness of the public health system to address public health emergencies. In addition, no later than 90 days after a state of emergency relating to public health is declared and the lead state agency is designated to respond to that emergency and no later than 90 days after the termination of this state of emergency, the lead state agency, either DHFS or the department of military affairs, must submit to the legislature and to the governor a report on the emergency powers used and the expenses incurred by the department and its agents.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB850-engrossed, s. 1 Section 1. 20.285 (1) (fg) of the statutes is created to read:

AB850-engrossed,5,4 20.285 (1) (fg) State laboratory of hygiene; limited-term employees. A sum sufficient to pay the salaries, benefits, and training of limited-term employees under s. 36.25 (11) (em).

AB850-engrossed, s. 2 Section 2. 20.435 (1) (e) of the statutes is created to read:

AB850-engrossed,6,6 20.435 (1) (e) Public health emergency. A sum sufficient to defray all expenses necessary to respond to a state of emergency related to public health only if the governor declares such an emergency and designates the department of health and family services as the lead state agency to respond to the emergency under s. 166.03 (1) (b) 1.

AB850-engrossed, s. 2m Section 2m. 20.465 (3) (e) of the statutes is amended to read:

AB850-engrossed,6,13 20.465 (3) (e) Disaster recovery aid. A sum sufficient to pay the state share of grants to individuals and, to make payments to local governments as defined in 42 USC 5122 (6) under federal disaster recovery programs as authorized in s. 166.03 (2) (b) 8., and to defray all expenses necessary to respond to a state of emergency related to public health declared under s. 166.03 (1) (b) 1. if the department of health and family services is not designated as the lead state agency.

AB850-engrossed, s. 3 Section 3. 21.80 (title) of the statutes, as created by 2001 Wisconsin Act 26, is amended to read:

AB850-engrossed,6,17 21.80 (title) Reemployment rights after national guard or, state defense force, or public health emergency service.

AB850-engrossed, s. 4 Section 4. 21.80 (1) (a) of the statutes, as created by 2001 Wisconsin Act 26, is renumbered 21.80 (1) (a) (intro.) and amended to read:

AB850-engrossed,6,20 21.80 (1) (a) (intro.) "Active service" means active any of the following:

AB850-engrossed,6,23 1. Active service in the national guard or the state defense force under an order of the governor issued under this chapter or active service in the national guard under 32 USC 502 (f) that is not considered to be service in the uniformed services.

AB850-engrossed, s. 5 Section 5. 21.80 (1) (a) 2. of the statutes is created to read:

AB850-engrossed,7,4 21.80 (1) (a) 2. Active service with the state laboratory of hygiene under s. 36.25 (11) (em) for the purpose of assisting the department of health and family services under s. 250.042 during a state of emergency relating to public health declared by the governor under s. 166.03 (1) (b) 1.

AB850-engrossed, s. 6 Section 6. 21.80 (3) (a) 4. of the statutes, as created by 2001 Wisconsin Act 26, is amended to read:

AB850-engrossed,7,9 21.80 (3) (a) 4. The person's In the case of active service in the national guard or the state defense force, the active service has not been terminated under other than honorable conditions.

AB850-engrossed, s. 7 Section 7. 21.80 (3) (c) 1. of the statutes, as created by 2001 Wisconsin Act 26, is amended to read:

AB850-engrossed,7,14 21.80 (3) (c) 1. Any period of active service, as defined in sub. (1) (a) 1., beyond that 5-year period that is required to complete an initial period of obligated active service.

AB850-engrossed, s. 8 Section 8. 21.80 (3) (c) 2. of the statutes, as created by 2001 Wisconsin Act 26, is amended to read:

AB850-engrossed,7,20 21.80 (3) (c) 2. Any period of active service, as defined in sub. (1) (a) 1., for which the person, through no fault of the person's own, was unable to obtain orders releasing the person from a period of active service before the expiration of the 5-year period.

AB850-engrossed, s. 9 Section 9. 21.80 (3) (c) 3. of the statutes, as created by 2001 Wisconsin Act 26, is amended to read:

AB850-engrossed,8,2 21.80 (3) (c) 3. Any period of active service, as defined in sub. (1) (a) 1., that was performed to fulfill any additional training requirements determined and certified in writing by the federal secretary of the army, the federal secretary of the air force, or the adjutant general to be necessary for professional development or for completion of skill training or retraining.

AB850-engrossed, s. 10 Section 10. 21.80 (3) (f) 1. of the statutes, as created by 2001 Wisconsin Act 26, is amended to read:

AB850-engrossed,8,12 21.80 (3) (f) 1. A person who submits an application for reemployment under par. (e) 2. or 3. must, on the request of the person's employer, provide to the employer documentation to establish that the application was submitted within the time limits specified in par. (e) 2. or 3., that the person's cumulative length of all absences from employment with the employer because of active service or service in the uniformed services does not, except as permitted under par. (c), exceed 5 years, and, in the case of active service in the national guard or the state defense force, that the person's service was not terminated under other than honorable conditions.

AB850-engrossed, s. 11 Section 11. 36.25 (11) (em) of the statutes is created to read:

AB850-engrossed,8,21 36.25 (11) (em) The laboratory of hygiene board shall create and maintain a roster of scientists and other persons with technical expertise who are willing to work for the laboratory of hygiene if the governor declares that an emergency related to public health exists. If the governor declares such an emergency, the laboratory of hygiene board shall hire as limited-term employees the requisite number of persons from the roster to assist the department of health and family services under s. 250.042. Salaries, benefits, and training of these employees shall be paid from the appropriation under s. 20.285 (1) (fg).

AB850-engrossed, s. 11d Section 11d. 50.36 (3d) of the statutes is created to read:

AB850-engrossed,8,25 50.36 (3d) (a) A hospital shall develop and maintain a system under which the hospital may grant emergency staff privileges to a health care provider, as defined in s. 146.81 (1), to whom all of the following apply:

AB850-engrossed,9,3 1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1.

AB850-engrossed,9,6 2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s. 166.03 (1) (b) 1.

AB850-engrossed,9,7 3. The health care provider has staff privileges at another hospital.

AB850-engrossed,9,10 (b) A hospital that grants emergency staff privileges under par. (a) has immunity from civil liability for acts or omissions by a health care provider who is granted emergency staff privileges under par. (a).

AB850-engrossed, s. 12 Section 12. 95.22 of the statutes is renumbered 95.22 (1).

AB850-engrossed, s. 13 Section 13. 95.22 (2) of the statutes is created to read:

AB850-engrossed,9,14 95.22 (2) The department shall provide the reports of any communicable diseases under sub. (1) to the department of health and family services.

AB850-engrossed, s. 14 Section 14. 157.055 of the statutes is created to read:

AB850-engrossed,9,17 157.055 Disposal of human remains during state of emergency relating to public health. (1) In this section:

AB850-engrossed,9,18 (a) "Funeral establishment" has the meaning given in s. 445.01 (6).

AB850-engrossed,9,19 (b) "Public health authority" has the meaning given in s. 250.01 (6g).

AB850-engrossed,9,23 (2) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.10, during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do all of the following:

AB850-engrossed,10,3 (a) Issue and enforce orders that are reasonable and necessary to provide for the safe disposal of human remains, including by embalming, burial, cremation, interment, disinterment, transportation, and other disposal.

AB850-engrossed,10,4 (b) Take possession and control of any human remains.

AB850-engrossed,10,9 (c) Order the disposal, through burial or cremation, of any human remains of an individual who has died of a communicable disease, within 24 hours after the individual's death and consider, to the extent feasible, the religious, cultural, or individual beliefs of the deceased individual or his or her family in disposing of the remains.

AB850-engrossed,10,17 (d) If reasonable and necessary for emergency response, require a funeral establishment, as a condition of its permit under s. 445.105 (1), to accept human remains or provide the use of its business or facility, including by transferring the management and supervision of the funeral establishment to the public health authority, for a period of time not to exceed the period of the state of emergency. Reasonable and necessary expenses of a funeral establishment in complying with the requirements under this paragraph may be paid by the department from the appropriation under s. 20.435 (1) (e).

AB850-engrossed,10,22 (e) Require the labeling of all human remains before disposal with all available identifying information and information concerning the circumstances of death and, in addition, require that the human remains of an individual with a communicable disease be clearly tagged to indicate that remains contain a communicable disease and, if known, the specific communicable disease.

AB850-engrossed,11,4 (f) Maintain or require the maintenance of a written or electronic record of all human remains that are disposed of, including all available identifying information and information concerning the circumstances of death and disposal. If it is impossible to identify human remains prior to disposal, the public health authority may require that a qualified person obtain any fingerprints, photographs, or identifying dental information, and collect a specimen of deoxyribonucleic acid from the human remains and transmit this information to the public health authority.

AB850-engrossed,11,16 (g) Notwithstanding s. 59.34 (1) or 59.35 (1), authorize a county medical examiner or a county coroner to appoint emergency assistant medical examiners or emergency deputy coroners, whichever is applicable, if necessary to perform the duties of the office of medical examiner or coroner, and to prescribe the duties of the emergency assistant medical examiners or emergency deputy coroners. The term of any emergency appointment authorized under this paragraph may not exceed the period of the state emergency. A county medical examiner or county coroner may terminate an emergency appointment before the end of the period of the state emergency, if termination of the appointment will not impede the performance of the duties of his or her office. From the appropriation under s. 20.435 (1) (e), the department shall reimburse counties for the cost of any emergency medical examiners or emergency deputy coroners appointed under this paragraph.

AB850-engrossed, s. 15 Section 15. 166.02 (1p) of the statutes is created to read:

AB850-engrossed,11,18 166.02 (1p) "Biological agent" means any of the following:

AB850-engrossed,11,20 (a) A select agent that is a virus, bacterium, rickettsia, fungus, or toxin that is specified under 42 CFR 72, Appendix A.

AB850-engrossed,11,23 (b) A genetically modified microorganism or genetic element from an organism under par. (a) that is shown to produce or encode for a factor associated with a disease.

AB850-engrossed,11,25 (c) A genetically modified microorganism or genetic element that contains nucleic acid sequences coding for a toxin under par. (a) or its toxic subunit.

AB850-engrossed,12,1 (d) An agent specified by the department of health and family services by rule.

AB850-engrossed, s. 16 Section 16. 166.02 (1r) of the statutes is created to read:

AB850-engrossed,12,6 166.02 (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-engrossed, s. 17 Section 17. 166.02 (1t) of the statutes is created to read:

AB850-engrossed,12,9 166.02 (1t) "Chemical agent" means a substance that has chemical properties that produce lethal or serious effects in plants or animals.

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

AB850-engrossed,12,12 166.02 (7) "Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all of the following criteria:

AB850-engrossed,12,14 (a) Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent.

AB850-engrossed,12,15 (b) Poses a high probability of any of the following:

AB850-engrossed,12,16 1. A large number of deaths or serious or long-term disabilities among humans.

AB850-engrossed,12,19 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-engrossed, s. 19 Section 19. 166.02 (8) of the statutes is created to read:

AB850-engrossed,12,22 166.02 (8) "Radiological agent" means radiation or radioactive material at a level that is dangerous to human health.

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

AB850-engrossed,13,10 166.03 (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-engrossed, s. 20m Section 20m. 166.03 (1) (b) 8. of the statutes is created to read:

AB850-engrossed,13,15 166.03 (1) (b) 8. During a state of emergency related to public health, suspend the provisions of any administrative rule if the strict compliance with that rule would prevent, hinder, or delay necessary actions to respond to the emergency and increase the health threat to the population.

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

AB850-engrossed,13,22 166.03 (2) (a) 6. No later than 90 days after a state of emergency relating to public health is declared and the department of health and family services is not 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: