146.16 History
History: 1983 a. 27 s.
2202 (20);
1993 a. 27; 1995 a 227.
146.17
146.17
Limitations. Nothing in the statutes shall be construed to authorize interference with the individual's right to select his or her own physician or mode of treatment, nor as a limitation upon the municipality to enact measures in aid of health administration, consistent with statute and acts of the department.
146.17 History
History: 1993 a. 482.
146.185(1)(a)
(a) "African American" means a person whose ancestors originated in any of the black racial groups of Africa.
146.185(1)(b)
(b) "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.
146.185(1)(c)
(c) "Asian" means a person whose ancestors originated in Asia south and southeast of the Himalayas and west of Wallace's Line in the Malay Archipelago.
146.185(1)(d)
(d) "Economically disadvantaged" means having an income that is at or below 125% of the poverty line.
146.185(1)(e)
(e) "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.
146.185(1)(f)
(f) "Minority group member" means any of the following:
146.185(1)(g)
(g) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
146.185(1)(h)
(h) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
146.185(2)
(2) The department shall do all of the following:
146.185(2)(a)
(a) Identify the barriers to health care that prevent economically disadvantaged minority group members in this state from participating fully and equally in all aspects of life.
146.185(2)(b)
(b) Conduct statewide hearings on issues of concern to the health interests of economically disadvantaged minority group members.
146.185(2)(c)
(c) Review, monitor and advise all state agencies with respect to the impact on the health of economically disadvantaged minority group members of current and emerging state policies, procedures, practices, statutes and rules.
146.185(2)(d)
(d) Work closely with all state agencies, including the board of regents of the University of Wisconsin System and the technical college system board, with the University of Wisconsin Hospitals and Clinics Authority, with the private sector and with groups concerned with issues of the health of economically disadvantaged minority group members to develop long-term solutions to health problems of minority group members.
146.185(2)(e)
(e) Disseminate information on the status of the health of economically disadvantaged minority group members in this state.
146.185(2)(f)
(f) Encourage economically disadvantaged minority group members who are students to enter career health care professions, by developing materials that are culturally sensitive and appropriate and that promote health care professions as careers, for use by the University of Wisconsin System, the technical college system and the Medical College of Wisconsin in recruiting the students.
146.185(2)(g)
(g) Submit a biennial report on the activities of the department under this section that includes recommendations on program policies, procedures, practices and services affecting the health status of economically disadvantaged minority group members, to the appropriate standing committees under
s. 13.172 (3) and to the governor.
146.185(3)
(3) From the appropriation under
s. 20.435 (5) (kb), the department shall annually award grants for activities to improve the health status of economically disadvantaged minority group members. A person may apply, in the manner specified by the department, for a grant of up to $50,000 in each fiscal year to conduct these activities. An awardee of a grant under this subsection shall provide, for at least 50% of the grant amount, matching funds that may consist of funding or an in-kind contribution. An applicant that is not a federally qualified health center, as defined under
42 CFR 405.2401 (b) shall receive priority for grants awarded under this subsection.
146.185(4)
(4) From the appropriation under
s. 20.435 (5) (kb), the department shall award a grant of up to $50,000 in each fiscal year to a private nonprofit corporation that applies, in the manner specified by the department, to conduct a public information campaign on minority health.
146.185 History
History: 1999 a. 9;
2001 a. 16;
2003 a. 33.
146.19
146.19
Cooperative American Indian health projects. 146.19(1)(a)
(a) "Inter-tribal organization" means an organization or association of tribes or tribal agencies.
146.19(1)(b)
(b) "Other agencies and organizations" means agencies of local, state and federal governments and private organizations that are not inter-tribal organizations or tribal agencies.
146.19(1)(c)
(c) "Tribal agency" means an agency of the governing body of a tribe.
146.19(1)(d)
(d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.
146.19(2)
(2) Cooperative American Indian health project grants. From the appropriation under
s. 20.435 (5) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing specific problem areas in the field of American Indian health. A tribe, tribal agency or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative American Indian health project, which meets all of the following requirements:
146.19(2)(a)
(a) The project involves the cooperation of 2 or more tribes, tribal agencies, inter-tribal organizations or other agencies or organizations.
146.19(2)(b)
(b) The project is designed to do at least one of the following:
146.19(2)(b)1.
1. Develop, test or demonstrate solutions for specific American Indian health problems which, if proven effective, may be applied by other tribes, tribal agencies, inter-tribal organizations or other agencies or organizations.
146.19(2)(b)2.
2. Fund start-up costs of cooperative programs to deliver health care services to American Indians.
146.19(2)(b)3.
3. Conduct health care needs assessments and studies related to health care issues of concern to American Indians.
146.19(4)
(4) Limitation; matching funds. A grant awarded under
sub. (2) may not exceed 50% of the cost of the cooperative American Indian health project. Participants in a funded project, as specified in
sub. (2) (a), may use in-kind contributions to provide part or all of the required match.
146.19 History
History: 1993 a. 16;
1997 a. 27;
1999 a. 9.
146.22
146.22
Flushing devices for urinals. The department shall not promulgate any rules which either directly or indirectly prohibit the use of manual flushing devices for urinals. The department shall take steps to encourage the use of manual flushing devices for urinals.
146.22 History
History: 1977 c. 418.
146.25
146.25
Required implanting of microchip prohibited. 146.25(1)(1) No person may require an individual to undergo the implanting of a microchip.
146.25(2)
(2) Any person who violates
sub. (1) may be required to forfeit not more than $10,000. Each day of continued violation constitutes a separate offense.
146.25 History
History: 2005 a. 482.
146.301
146.301
Refusal or delay of emergency service. 146.301(1)
(1) In this section "hospital providing emergency services" means a hospital which the department has identified as providing some category of emergency service.
146.301(2)
(2) No hospital providing emergency services may refuse emergency treatment to any sick or injured person.
146.301(3)
(3) No hospital providing emergency services may delay emergency treatment to a sick or injured person until credit checks, financial information forms or promissory notes have been initiated, completed or signed if, in the opinion of one of the following, who is an employee, agent or staff member of the hospital, the delay is likely to cause increased medical complications, permanent disability or death:
146.301(3)(a)
(a) A physician, registered nurse or emergency medical technician – paramedic.
146.301(3)(b)
(b) A licensed practical nurse under the specific direction of a physician or registered nurse.
146.301(3)(c)
(c) A physician assistant or any other person under the specific direction of a physician.
146.301(3m)
(3m) Hospitals shall establish written procedures to be followed by emergency services personnel in carrying out
sub. (3).
146.301(4)
(4) No hospital may be expected to provide emergency services beyond its capabilities as identified by the department.
146.301(5)
(5) Each hospital providing emergency services shall create a plan for referrals of emergency patients when the hospital cannot provide treatment for such patients.
146.301(6)
(6) The department shall identify the emergency services capabilities of all hospitals in this state and shall prepare a list of such services. The list shall be updated annually.
146.301(7)
(7) A hospital which violates this section may be fined not more than $1,000 for each offense.
146.31
146.31
Blood or tissue transfer services. 146.31(1)
(1) It is unlawful to operate a blood bank for commercial profit.
146.31(2)
(2) The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to be, for all purposes except as provided under
s. 146.345, the rendition of a service by every person participating therein and, whether or not any remuneration is paid therefor, not to be a sale of the whole blood, plasma, blood products, blood derivatives or other tissues. No person involved in the procurement, processing, distribution or use of whole blood, plasma, blood products or blood derivatives for the purpose of injecting or transfusing any of them into the human body shall be liable for damages resulting from these activities except for his or her own negligence or willful misconduct.
146.31(3)
(3) No hospital, nonprofit tissue bank, physician, nurse or other medical personnel acting under the supervision and direction of a physician involved in the procurement, processing, distribution or use of human tissues such as corneas, bones or organs for the purpose of transplanting any of them into the human body shall be liable for damages resulting from those activities except for negligence or willful misconduct by that hospital, nonprofit tissue bank, physician, nurse or other medical personnel.
146.31 History
History: 1975 c. 75,
76;
1987 a. 97.
146.31 Annotation
Sub. (1) is unconstitutional. It violates the commerce clause, Art. I, s. 8, and the supremacy clause, art. VI, of the U.S. Constitution. State v. Interstate Blood Bank, Inc.
65 Wis. 2d 482,
222 N.W.2d 912 (1974).
146.33
146.33
Blood donors. Any person 17 years old or older may donate blood in any voluntary and noncompensatory blood program.
146.33 History
History: 1971 c. 228;
1983 a. 21.
146.34
146.34
Donation of bone marrow by a minor. 146.34(1)(a)
(a) "Bone marrow" means the soft material that fills human bone cavities.
146.34(1)(b)
(b) "Bone marrow transplant" means the medical procedure by which transfer of bone marrow is made from the body of a person to the body of another person.
146.34(1)(c)
(c) "Donor" means a minor whose bone marrow is transplanted from his or her body to the body of the minor's brother or sister.
146.34(1)(d)
(d) "Guardian" means the person named by the court under
ch. 48 or
54 or ch.
880, 2003 stats., having the duty and authority of guardianship.
146.34(1)(e)
(e) "Legal custodian" means a person other than a parent or guardian or an agency to whom the legal custody of a minor has been transferred by a court under
ch. 48 or
938, but does not include a person who has only physical custody of a minor.
146.34(1)(f)
(f) "Parent" means a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803, "parent" includes a person adjudged in a judicial proceeding under
ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.
146.34(1)(g)
(g) "Physician" means a person licensed to practice medicine and surgery under
ch. 448.
146.34(1)(h)
(h) "Psychiatrist" means a physician specializing in psychiatry.
146.34(1)(i)
(i) "Psychologist" means a person licensed to practice psychology under
ch. 455.
146.34(1)(j)
(j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under
s. 990.001 (16). This relationship may be by blood, marriage or adoption.
146.34(2)
(2) Prohibition on donation of bone marrow by a minor. Unless the conditions under
sub. (3) or
(4) have been met, no minor may be a bone marrow donor in this state.
146.34(3)
(3) Consent to donation of bone marrow by a minor under 12 years of age. If the medical condition of a brother or a sister of a minor who is under 12 years of age requires that the brother or sister receive a bone marrow transplant, the minor is deemed to have given consent to be a donor if all of the following conditions are met:
146.34(3)(a)
(a) The physician who will remove the bone marrow from the minor has informed the parent, guardian or legal custodian of the minor of all of the following:
146.34(3)(a)2.
2. The benefits and risks to the prospective donor and prospective recipient of performance of the bone marrow transplant.
146.34(3)(a)3.
3. The availability of procedures alternative to performance of a bone marrow transplant.
146.34(3)(b)
(b) The physician of the brother or sister of the minor has determined all of the following, has confirmed those determinations through consultation with and under recommendation from a physician other than the physician under
par. (a) and has provided the determinations to the parent, guardian or legal custodian under
par. (e):
