LRB-3687/2
DAK:jld&wlj:rs
2007 - 2008 LEGISLATURE
January 29, 2008 - Introduced by Representatives Shilling, Wieckert, Vruwink,
Sheridan, Musser, Richards, Davis, Van Akkeren, Suder, Hebl, Jeskewitz,
Black, Pope-Roberts, Mason, Murtha, Grigsby, Hilgenberg, Young, Seidel,
Moulton, Benedict, Bies, Townsend, Boyle, Parisi, Newcomer, Berceau,
Mursau, Soletski, A. Ott, A. Williams, Fields, Gunderson, Nelson, Nerison,
Sinicki, Garthwaite, Owens, Hixson, Wood, Kaufert, Wasserman
and Van
Roy
, cosponsored by Senators Sullivan, Kreitlow, Schultz, Robson, Miller,
Cowles, Lehman, Kapanke, Olsen, Risser, Roessler, Plale, Hansen, Lassa,
Darling, Taylor
and Coggs. Referred to Committee on Public Health.
AB740,1,7 1An Act to amend 146.82 (2) (a) 8.; and to create 20.435 (1) (ae), 255.01 (2m),
2255.01 (2n), 255.04 (3) (c), 255.04 (6), 255.04 (7), 255.04 (8), 255.04 (9) and
3255.04 (10) of the statutes; relating to: permitting a researcher, under certain
4conditions, access to cancer information reported to the Department of Health
5and Family Services, prohibiting certain other use or redisclosure of the
6information, creating civil liability for violation of the prohibitions, making an
7appropriation, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, hospitals, physicians, and certain laboratories must report
to the Department of Health and Family Services (DHFS) information concerning
any person who is diagnosed as having cancer or a precancerous condition. Any
information that DHFS receives under this requirement that could identify the
person or a physician who submits the report is confidential as a patient health care
record, except that DHFS may disclose the information to a central tumor registry
in another state, if the person who is the subject of the information resides in the
other state, or to a national tumor registry.
Beginning July 1, 2008, this bill permits DHFS to disclose otherwise
confidential cancer report information to a researcher who requests it, by means of
a written application to DHFS, for the purpose of studying cancer, cancer prevention,

or cancer control or performing other cancer research. The application must include
a written protocol for the proposed research, the researcher's professional
qualifications, documentation of approval of the research protocol by an institutional
review board that meets certain requirements, and any information requested by
DHFS. These conditions must be met before DHFS may approve the application and
before DHFS may release the information. The bill authorizes DHFS to impose a
reasonable fee on a researcher who obtains information. The fee must be
commensurate with actual direct costs to DHFS and may be waived by DHFS.
Cancer information obtained by DHFS or by a researcher is, under the bill, not
subject to open records requirements. The bill specifically prohibits use of the
information for a purpose other than for performance of research, disclosure of the
information to a person who is not connected with performance of the research, and
revealing in the final research product information that may identify a research
subject, and creates penalties for violation and intentional violation of the
prohibitions. Lastly, the bill creates civil liability to the research subject for any
person who negligently or intentionally violates the prohibitions.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB740, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB740, s. 2 3Section 2. 20.435 (1) (ae) of the statutes is created to read:
AB740,3,2
120.435 (1) (ae) Cancer information. The amounts in the schedule for cancer
2information collecting, compiling, and disseminating under s. 255.04.
AB740, s. 3 3Section 3. 146.82 (2) (a) 8. of the statutes is amended to read:
AB740,3,64 146.82 (2) (a) 8. To the department under s. 255.04 and to the persons specified
5under s. 255.04 (3)
. The release of a patient health care record under this subdivision
6shall be limited to the information prescribed by the department under s. 255.04 (2).
AB740, s. 4 7Section 4. 255.01 (2m) of the statutes is created to read:
AB740,3,108 255.01 (2m) "Research" means a systematic investigation through scientific
9inquiry, including development, testing, and evaluation, that is designed to develop
10or contribute to generalizable knowledge.
AB740, s. 5 11Section 5. 255.01 (2n) of the statutes is created to read:
AB740,3,1212 255.01 (2n) "Researcher" means a person who performs research.
AB740, s. 6 13Section 6. 255.04 (3) (c) of the statutes is created to read:
AB740,3,1514 255.04 (3) (c) If all of the following conditions are met, a researcher who
15proposes to conduct research:
AB740,3,1916 1. The researcher applies in writing to the department for approval of access
17to individually identifiable information under sub. (1) or (5) that is necessary for
18performance of the proposed research and the department approves the application.
19An application under this subdivision shall include all of the following:
AB740,3,2020 a. A written protocol to perform research.
AB740,3,2221 b. The researcher's professional qualifications to perform the proposed
22research.
AB740,4,223 c. Documentation of approval of the research protocol by an institutional
24review board of a domestic institution that has a federalwide assurance issued by the

1office of human research protections of the federal department of health and human
2services.
AB740,4,33 d. Any other information requested by the department.
AB740,4,54 2. The proposed research is for the purpose of studying cancer, cancer
5prevention, or cancer control or performing other cancer research.
AB740, s. 7 6Section 7. 255.04 (6) of the statutes is created to read:
AB740,4,117 255.04 (6) The department may impose a reasonable fee on a researcher who,
8under sub. (3) (c), obtains information under sub. (1) or (5). The fee shall be
9commensurate with the actual direct costs to the department that are associated
10with collecting, compiling, and disseminating the information to the researcher and
11may be waived by the department.
AB740, s. 8 12Section 8. 255.04 (7) of the statutes is created to read:
AB740,4,1513 255.04 (7) Information obtained by the department under sub. (1) or (5) or
14obtained by a person under sub. (3) (c) is not subject to inspection, copying, or receipt
15under s. 19.35 (1).
AB740, s. 9 16Section 9. 255.04 (8) of the statutes is created to read:
AB740,4,1817 255.04 (8) No person to whom information is disclosed under sub. (3) (c) may
18do any of the following:
AB740,4,2119 (a) Use the information for a purpose other than for the performance of
20research as specified in the application under sub. (3) (c) 1., as approved by the
21department.
AB740,4,2322 (b) Disclose the information to a person who is not connected with performance
23of the research.
AB740,4,2524 (c) Reveal in the final research product information that may identify an
25individual whose information is disclosed under sub. (3) (c).
AB740, s. 10
1Section 10. 255.04 (9) of the statutes is created to read:
AB740,5,42 255.04 (9) Whoever violates sub. (8) (a), (b), or (c) is liable to the subject of the
3information for actual damages and costs, plus exemplary damages of up to $1,000
4for a negligent violation and up to $5,000 for an intentional violation.
AB740, s. 11 5Section 11. 255.04 (10) of the statutes is created to read:
AB740,5,86 255.04 (10) (a) Whoever intentionally violates sub. (8) (a), (b), or (c) may be
7fined not more than $15,000 or imprisoned for not more than one year in the county
8jail or both.
AB740,5,149 (b) Any person who violates sub. (8) (a), (b), or (c) may be required to forfeit not
10more than $100 for each violation. Each day of continued violation constitutes a
11separate offense, except that no day in the period between the date on which a
12request for a hearing is filed under s. 227.44 and the date of the conclusion of all
13administrative and judicial proceedings arising out of a decision under this
14paragraph constitutes a violation.
AB740,5,2015 (c) The department may directly assess forfeitures under par. (b). If the
16department determines that a forfeiture should be assessed for a particular violation
17or for failure to correct the violation, the department shall send a notice of
18assessment to the alleged violator. The notice shall specify the alleged violation of
19the statute and the amount of the forfeiture assessed and shall inform the alleged
20violator of the right to contest the assessment under s. 227.44.
AB740, s. 12 21Section 12. Fiscal changes.
AB740,6,222 (1) Cancer information. The authorized FTE positions for the department of
23health and family services are increased by 1.0 GPR position on July 1, 2008, to be
24funded from the appropriation under section 20.435 (1) (ae) of the statutes, as

1created by this act, for the purpose of cancer information collecting, compiling, and
2disseminating.
AB740, s. 13 3Section 13. Effective date.
AB740,6,44 (1) This act takes effect on July 1, 2008.
AB740,6,55 (End)
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