255.01(2)(b)
(b) Intentional injuries, including physical damage resulting from deliberate assault by one person on another or self-inflicted acts.
255.01(3)
(3) "Risk assessment" means the measurement and evaluation of specific lifestyle and environmental conditions to determine the presence of, and the extent of the threat resulting from, these factors that may increase the risk of developing chronic disease.
255.01 History
History: 1993 a. 27.
CHRONIC DISEASE PREVENTION,
ASSESSMENT AND CONTROL
255.02
255.02
Duties of the state epidemiologist for chronic disease. The state epidemiologist for chronic disease shall do all of the following:
255.02(1)
(1) Develop and maintain a system for detecting and monitoring chronic diseases within this state.
255.02(2)
(2) Investigate and determine the epidemiology of those conditions that contribute to preventable or premature illness, disability and death.
255.02 History
History: 1993 a. 27.
255.03
255.03
Duties of the department. The department shall:
255.03(1)
(1) Conduct programs to prevent, delay and detect the onset of chronic diseases, including cancer, diabetes, cardiovascular and pulmonary disease, cerebrovascular disease and genetic disease, and other chronic diseases that the department determines are important to prevent, delay and detect in order to promote, protect and maintain the public's health.
255.03(2)
(2) Establish programs of community and professional education relevant to the detection, prevention and control of chronic diseases.
255.03(3)
(3) Assist local health departments in performing activities related to chronic disease, including risk assessment, monitoring, surveillance and education.
255.03 History
History: 1993 a. 27.
255.04
255.04
Cancer reporting. 255.04(1)(1) Any hospital, as defined under
s. 50.33 (2), any physician and any laboratory certified under
42 USC 263a shall report information concerning any person diagnosed as having cancer or a precancerous condition to the department as prescribed by the department under
sub. (2).
255.04(2)
(2) The department shall prescribe:
255.04(2)(a)
(a) The form on which the report under
sub. (1) shall be submitted.
255.04(2)(b)
(b) The time schedule under which the report under
sub. (1) shall be submitted.
255.04(2)(c)
(c) The types of cancer and precancerous conditions to be reported under
sub. (1).
255.04(3)
(3) Any information reported to the department under
sub. (1) or
(5) which could identify any individual who is the subject of the report or a physician submitting the report shall be confidential and may not be disclosed by the department except to the following:
255.04(3)(a)
(a) A central tumor registry in another state if the individual who is the subject of the information resides in the other state.
255.04(3)(b)
(b) A national tumor registry recognized by the department.
255.04(4)
(4) The report of information under
sub. (1) or
(5) may not be construed as a violation of any person's responsibility for maintaining the confidentiality of patient health care records, as defined under
s. 146.81 (4).
255.04(5)
(5) The department may, to the extent feasible, collect information related to the occupation of cancer patients in order to fulfill the purpose of
s. 250.04 (3) (b) 4.
255.04 History
History: 1985 a. 29;
1989 a. 173 ss.
2,
13;
1993 a. 16;
1993 a. 27 s.
48; Stats. 1993 s. 255.04;
1993 a. 183;
1997 a. 114.
255.05
255.05
Cancer control and prevention grants. 255.05(1)(a)
(a) "Institution" means any hospital, nursing home, county home, county mental hospital, community-based residential facility or other place licensed or approved by the department under
s. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08 or
51.09.
255.05(1)(b)
(b) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
255.05(1)(c)
(c) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals.
255.05(1)(d)
(d) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
255.05(2)
(2) From the appropriation under
s. 20.435 (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.
255.05(3)
(3) The department shall promulgate rules establishing the criteria and procedures for the awarding of grants for projects under
sub. (2).
255.05 Cross-reference
Cross Reference: See also ch.
DHS 147, Wis. adm. code.
255.054
255.054
Prostate cancer research program. 255.054(1)
(1) The Medical College of Wisconsin, Inc., and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under
ss. 20.250 (2) (h) and
20.285 (1) (gn) for prostate cancer research projects. These moneys may not be used to supplant funds available for prostate cancer research from other sources.
255.054(2)
(2) Annually by January 1, the Medical College of Wisconsin, Inc., and the Board of Regents of the University of Wisconsin System shall each report to the appropriate standing committees of the legislature under
s. 13.172 (3) and to the governor on the prostate cancer research projects each has conducted under
sub. (1) in the previous fiscal year.
255.054 History
History: 2005 a. 460.
255.055
255.055
Breast cancer research program. 255.055(1)
(1) The Medical College of Wisconsin, Inc., and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under
ss. 20.250 (2) (g) and
20.285 (1) (gm) for breast cancer research projects. These moneys may not be used to supplant funds available for breast cancer research from other sources.
255.055(2)
(2) Annually by January 1, the Medical College of Wisconsin, Inc., and the Board of Regents of the University of Wisconsin System shall each report to the appropriate standing committees of the legislature under
s. 13.172 (3) and to the governor on the breast cancer research projects each has conducted under
sub. (1) in the previous fiscal year.
255.055 History
History: 2003 a. 176.
255.056
255.056
Cancer and chronic diseases drug repository. 255.056(1)(a)
(a) "Cancer or chronic disease drug" means a prescription drug that is used to treat any of the following:
255.056(1)(a)1.
1. Cancer or chronic disease or side effects of cancer or chronic disease.
255.056(1)(am)
(am) "Chronic disease" means any disease, illness, impairment, or other physical condition, other than cancer, that requires health care and treatment over a prolonged period and, although amenable to treatment, frequently progresses to increasing disability or death.
255.056(1)(h)
(h) "Supplies" means items that are necessary to administer a cancer or chronic disease drug.
255.056(2)
(2) The department shall establish and maintain a cancer and chronic diseases drug repository program, under which any person may donate a cancer or chronic disease drug or supplies for use by an individual who meets eligibility criteria specified by rule by the department. Donation may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets requirements specified by rule by the department. The medical facility or pharmacy may charge an individual who receives a cancer or chronic disease drug or supplies under this subsection a handling fee that may not exceed the amount specified by rule by the department. A medical facility or pharmacy that receives a donated cancer or chronic disease drug or supplies under this subsection may distribute the cancer or chronic disease drug or supplies to another eligible medical facility or pharmacy for use under the program under this section.
255.056(3)
(3) A cancer or chronic disease drug or supplies may be accepted and dispensed under the program specified in
sub. (2) only if all of the following requirements are met:
255.056(3)(a)
(a) The cancer or chronic disease drug or supplies are in their original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(3)(b)
(b) The cancer or chronic disease drug bears an expiration date that is later than 6 months after the date that the drug was donated.
255.056(3)(c)
(c) The cancer or chronic disease drug or supplies are not adulterated or misbranded, as determined by a pharmacist employed by, or under contract with, the medical facility or pharmacy, who shall inspect the drug or supplies before the drug or supplies are dispensed.
255.056(3)(d)
(d) The cancer or chronic disease drug or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist.
255.056(4)
(4) No cancer or chronic disease drug or supplies that are donated for use under this section may be resold.
255.056(5)
(5) Nothing in this section requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the program under this section.
255.056(6)(a)(a) Unless the manufacturer of a drug or supply exercises bad faith, the manufacturer is not subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a cancer or chronic disease drug or supply manufactured by the manufacturer that is donated by any person under this section, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated cancer or chronic disease drug or supply.
255.056(6)(b)
(b) Except as provided in
par. (c), any person, except the manufacturer of a drug or supply, is immune from civil liability for injury to or the death of the individual to whom the cancer or chronic disease drug or supply is dispensed and may not be found guilty of unprofessional conduct for his or her acts or omissions related to donating, accepting, distributing, or dispensing a cancer or chronic disease drug or supply under this section.
255.056(6)(c)
(c) The immunity or the prohibition on a finding of guilty of unprofessional conduct under
par. (b) does not extend to donation, acceptance, distribution, or dispensation of a cancer or chronic disease drug or supply by a person whose act or omission involves reckless, wanton, or intentional misconduct.
255.056(7)
(7) The department shall promulgate all of the following as rules:
255.056(7)(a)
(a) Requirements for medical facilities and pharmacies to accept and dispense donated cancer or chronic disease drugs or supplies under this section, including all of the following:
255.056(7)(a)2.
2. Standards and procedures for accepting, safely storing, and dispensing donated cancer or chronic disease drugs or supplies.
255.056(7)(a)3.
3. Standards and procedures for inspecting donated cancer or chronic disease drugs or supplies to determine if the drug or supplies are in their original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(7)(a)4.
4. Standards and procedures for inspecting donated cancer or chronic disease drugs or supplies to determine that the drug or supplies are not adulterated or misbranded.
255.056(7)(b)
(b) Eligibility criteria for individuals to receive donated cancer or chronic disease drugs or supplies dispensed under the program. The standards shall prioritize dispensation to individuals who are uninsured or indigent, but will permit dispensation to others if an uninsured or indigent individual is unavailable.
255.056(7)(c)
(c) A means, such as an identification card, by which an individual who is eligible to receive a donated cancer or chronic disease drug or supplies may indicate that eligibility.
255.056(7)(d)
(d) Necessary forms for administration of the cancer and chronic diseases drug repository program, including forms for use by persons that donate, accept, distribute, or dispense cancer or chronic disease drugs or supplies under the program.
255.056(7)(e)
(e) The maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated cancer or chronic disease drugs or supplies The fee under this paragraph may not be less than 300 percent of the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under
s. 49.46 (2) (b) 6. h.
255.056(7)(f)
(f) A list of cancer or chronic disease drugs and supplies, arranged by category or by individual drug or supply, that the cancer and chronic diseases drug repository program will accept for dispensing.
255.056(7)(g)
(g) A list of cancer or chronic disease drugs and supplies, arranged by category or by individual drug or supply, that the cancer and chronic diseases drug repository program will not accept for dispensing. The list shall include a statement that specifies the reason that the drug or supplies are ineligible for donation.
255.056 History
History: 2003 a. 175,
327;
2005 a. 16.
255.056 Cross-reference
Cross Reference: See also ch.
DHS 148, Wis. adm. code.
255.06
255.06
Well-woman program. 255.06(1)(b)
(b) "Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.
255.06(1)(d)
(d) "Nurse practitioner" means a registered nurse licensed under
ch. 441 or in a party state, as defined in
s. 441.50 (2) (j), whose practice of professional nursing under
s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
