CHAPTER 253
MATERNAL AND CHILD HEALTH
253.01   Definition.
253.02   Department; powers and duties.
253.03   State plan; reports.
253.04   Private rights.
253.05   Federal funds.
253.06   State supplemental food program for women, infants and children.
253.065   Dietetic internship program.
253.07   Women's health block grant.
253.075   Family planning and related preventive health services grant.
253.08   Pregnancy counseling services.
253.085   Outreach to low-income pregnant women.
253.09   Abortion refused; no liability; no discrimination.
253.095   Requirements to perform abortions.
253.10   Voluntary and informed consent for abortions.
253.105   Prescription and use of abortion-inducing drugs.
253.107   Probable postfertilization age; later-term abortions.
253.11   Infant blindness.
253.115   Newborn hearing screening.
253.12   Birth defect prevention and surveillance system.
253.13   Tests for congenital disorders.
253.14   Sudden infant death syndrome.
253.15   Shaken baby syndrome and impacted babies.
253.16   Reducing fetal and infant mortality and morbidity.
253.165   Right to breast-feed.
Ch. 253 Cross-reference Cross-reference: See definitions in s. 250.01.
253.01 253.01 Definition. In this chapter, “division" means the division within the department that has primary responsibility for health issues.
253.01 History History: 1993 a. 27.
253.02 253.02 Department; powers and duties.
253.02(1)(1)In this section:
253.02(1)(a) (a) “Children with special health care needs" means children who have health problems that require intervention beyond routine and basic care, including children with or at risk for disabilities, chronic illnesses and conditions, health-related educational problems and health-related behavioral problems.
253.02(1)(b) (b) “Preventive health services for children" includes assessment and appropriate follow-up regarding a child's growth and development, immunization status, nutrition, vision and hearing.
253.02(2) (2)The department shall maintain a maternal and child health program within the division, to promote the reproductive health of individuals and the growth, development, health and safety of infants, children and adolescents. The program shall include all of the following:
253.02(2)(a) (a) Reproductive health services, including health services prior to conception and family planning services, as defined in s. 253.07 (1) (b).
253.02(2)(b) (b) Pregnancy-related services to pregnant women from the time of confirmation of the pregnancy through the maternal postpartum period, including pregnancy information, referral and follow-up, early identification of pregnancy and prenatal services.
253.02(2)(c) (c) Infant and preschool health services to children from birth to 5 years of age, including neonatal health services, preventive health services for children and parent education and support services.
253.02(2)(d) (d) Child and adolescent health services to promote the physical and psychosocial health of children and adolescents, including preventive health services for children, adolescent health services, teen pregnancy prevention services, alcohol and other drug abuse prevention and mental health-related services.
253.02(2)(e) (e) General maternal and child health services, including health education, oral health, nutrition, childhood and adolescent injury prevention and family health benefits counseling.
253.02(2)(f) (f) Health services to children with special health care needs.
253.02(2)(g) (g) Maternal and child health system coordination services that promote coordination of public and private sector activities in areas of the maternal and child health program described in pars. (a) to (f).
253.02(2m) (2m)Nothing in this section authorizes the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section prohibits the providing of nondirective information explaining any of the following:
253.02(2m)(a) (a) Prenatal care and delivery.
253.02(2m)(b) (b) Infant care, foster care or adoption.
253.02(2m)(c) (c) Pregnancy termination.
253.02(3) (3)The department shall designate a subunit within the division to have responsibility for the maternal and child health program. The subunit shall be comprised of an adequate number of interdisciplinary professional staff with expertise in maternal and child health who will assume responsibility for all of the following:
253.02(3)(a) (a) Planning, coordination, data collection and evaluation of the program.
253.02(3)(b) (b) Providing consultation and technical assistance to local health professionals.
253.02(3)(c) (c) Coordinating the program activities with related activities conducted under the authority of other state and federal agencies.
253.02(4) (4)The department shall collaborate with community-based organizations that serve children, adolescents, and their families to promote health and wellness, and to reduce childhood and adolescent obesity.
253.02 History History: 1993 a. 27; 1997 a. 27, 164; 2007 a. 20.
253.03 253.03 State plan; reports. The department shall prepare and submit to the proper federal authorities a state plan for maternal and child health services. The plan shall conform with all requirements governing federal aid for this purpose and shall be designed to secure for this state the maximum amount of federal aid which can be secured on the basis of the available state, county, and local appropriations. The department shall make such reports, in such form and containing such information, as may from time to time be required by the federal authorities and shall comply with all provisions that may be prescribed to assure the correctness and verification of the reports. The secretary may appoint a maternal and child health program advisory committee under s. 15.04 (1) (c) to assist the department in meeting the requirements of this section.
253.03 History History: 1993 a. 27 s. 369.
253.04 253.04 Private rights. No official, agent or representative of the department may, under this section, enter any home over the objection of the owner or take charge of any child over the objection of the parent or of the person standing in the place of a parent or having custody of the child. Nothing in this section may be construed to limit the power of a parent, guardian or person standing in the place of a parent to determine what treatment or correction shall be provided for a child or the agency to be employed for that purpose.
253.04 History History: 1993 a. 27 s. 370.
253.05 253.05 Federal funds. The department shall use sufficient funds from the appropriation under s. 20.435 (1) (a) for the promotion of the welfare and hygiene of maternity and infancy to match federal funds received by the state.
253.05 History History: 1993 a. 27 s. 371.
253.06 253.06 State supplemental food program for women, infants and children.
253.06(1)(1)Definitions. In this section:
253.06(1)(ag) (ag) “Alternate participant” means a person who has been authorized by a participant to request benefits, participate in nutrition education, bring an infant or child to a Women, Infants, and Children program appointment, and have access to information in the participant's file.
253.06(1)(am) (am) “Approved food" means food identified by the department as an authorized food in accordance with 7 CFR 246.10 as acceptable for use under the federal special supplemental nutrition program for women, infants and children under 42 USC 1786.
253.06(1)(br) (br) “Cardholder” means a participant; alternate participant; parent, legal guardian, or caretaker of a participant; or another person in possession of a Women, Infants, and Children program electronic benefit transfer card and the personal identification number for the card.
253.06(1)(cm) (cm) “Direct distribution center" means an entity, other than a vendor, that is under contract with the department under sub. (3m) to distribute approved food to participants.
253.06(1)(cp) (cp) “Electronic benefit transfer” means a method that permits electronic access to Women, Infants, and Children program benefits using a device, approved by the department, with payments made in accordance with ch. 410.
253.06(1)(cr) (cr) “Food instrument” means a voucher, check, electronic benefit transfer card, electronic benefit transfer card number and personal identification number, coupon, or other method used by a participant to obtain Women, Infants, and Children program approved foods.
253.06(1)(ct) (ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or manufacturer of infant formula.
253.06(1)(cv) (cv) “Local agency” means an entity that has a contract with the department to provide services under the Women, Infants, and Children program such as eligibility determination, benefit issuance, and nutritional counseling for participants.
253.06(1)(d) (d) “Participant" means a person who is eligible for services under this section and who receives services under this section.
253.06(1)(dr) (dr) “Summary suspension” means an emergency action taken by the department to suspend an authorization under the Women, Infants, and Children program.
253.06(1)(dv) (dv) “Trafficking” means doing any of the following:
253.06(1)(dv)1. 1. Buying, selling, stealing, or otherwise exchanging for cash or consideration other than approved food Women, Infants, and Children program food instruments or benefits that are issued and accessed via a food instrument.
253.06(1)(dv)2. 2. Exchanging firearms, ammunition, explosives, or controlled substances, as defined in 21 USC 802, for a food instrument.
253.06(1)(dv)3. 3. Intentionally purchasing and reselling for cash or consideration other than approved food a product that is purchased with a food instrument.
253.06(1)(dv)4. 4. Intentionally purchasing with cash or consideration other than approved food a product that was originally purchased with a food instrument.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 69 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on January 3, 2020. Published and certified under s. 35.18. Changes effective after January 3, 2020, are designated by NOTES. (Published 1-3-20)