CHAPTER 146
MISCELLANEOUS HEALTH PROVISIONS
146.0255 Testing infants for controlled substances or controlled substance analogs.
146.0257 Evaluation of infants for fetal alcohol spectrum disorders.
146.085 Pay toilets prohibited.
146.22 Flushing devices for urinals.
146.25 Required implanting of microchip prohibited.
146.29 Access to toilet facility in retail establishment.
146.31 Blood or tissue transfer services.
146.34 Donation of bone marrow by a minor.
146.343 Donation of newborn umbilical cord blood.
146.345 Sale of human organs prohibited.
146.348 Reimbursement in cancer clinical trial programs.
146.35 Female genital mutilation prohibited.
146.37 Health care services review; civil immunity.
146.38 Health care services review; confidentiality of information.
146.40 Instructional programs for nurse aides; reporting client abuse.
146.60 Notice of release of genetically engineered organisms into the environment.
146.615 Advanced practice clinician training grants.
146.616 Allied health professional education and training grants.
146.618 Treatment program grants.
146.62 Rural hospital loan program.
146.63 Grants to establish graduate medical training programs.
146.64 Grants to support graduate medical training programs.
146.65 Rural health dental clinics.
146.66 Low-income dental clinics.
146.68 Grant for colposcopies and other services.
146.69 Grants for the Surgical Collaborative of Wisconsin.
146.71 Determination of death.
146.81 Health care records; definitions.
146.815 Contents of certain patient health care records.
146.816 Uses and disclosures of protected health information.
146.817 Preservation of fetal monitor tracings and microfilm copies.
146.819 Preservation or destruction of patient health care records.
146.82 Confidentiality of patient health care records.
146.83 Access to patient health care records.
146.835 Parents denied physical placement rights.
146.84 Violations related to patient health care records.
146.87 Federal registration numbers for prescribers of controlled substances.
146.89 Volunteer health care provider program.
146.903 Disclosures required of health care providers and hospitals.
146.905 Reduction in fees prohibited.
146.91 Long-term care insurance.
146.95 Patient visitation.
146.96 Uniform claim processing form.
146.997 Health care worker protection.
146.001
146.001
Definitions. In this chapter unless the context otherwise requires:
146.001(1)
(1) “Department" means the department of health services.
146.001(2)
(2) “Secretary" means the secretary of health services.
146.0255
146.0255
Testing infants for controlled substances or controlled substance analogs. 146.0255(2)
(2) Testing. Any hospital employee who provides health care, social worker, or intake worker under ch.
48 may refer an infant or an expectant mother of an unborn child, as defined in s.
48.02 (19), to a physician for testing of the bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker, or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall report the occurrence of that condition in the infant to the agency, as defined in s.
48.981 (1) (ag), that is responsible for conducting child abuse and neglect investigations under s.
48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the child and the child's mother as provided under s.
46.238. If the results of the test indicate that the expectant mother does have controlled substances or controlled substance analogs in the expectant mother's bodily fluids, the physician may report the occurrence of that condition in the expectant mother to the agency, as defined in s.
48.981 (1) (ag), that is responsible for conducting unborn child abuse investigations under s.
48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the unborn child and expectant mother as provided under s.
46.238. Under this subsection, no physician may test an expectant mother without first receiving her informed consent to the testing.
146.0255(3)
(3) Test results. The physician who performs a test under sub.
(2) shall provide the infant's parents or guardian or the expectant mother with all of the following information:
146.0255(3)(a)
(a) A statement of explanation concerning the test that was performed, the date of performance of the test and the test results.
146.0255(3)(b)
(b) A statement of explanation that the test results of an infant must, and that the test results of an expectant mother may, be disclosed to an agency under sub.
(2) if the test results are positive.
146.0255(4)
(4) Confidentiality. The results of a test given under this section may be disclosed as provided in sub.
(3).
