1999 Wisconsin Act 9

9,2400ry Section 2400ry. 252.09 of the statutes is repealed.

9,2421 Section 2421. 252.10 (1) of the statutes is amended to read:

252.10 (1) Counties with populations of more than 25,000 may establish and maintain public health dispensaries and, where necessary, branches of the dispensaries A local health department may request from the department certification to establish and maintain a public health dispensary for the diagnosis and treatment of persons suffering from or suspected of having mycobacterium tuberculosis or other pulmonary diseases. Two or more counties local health departments may jointly establish, operate and maintain public health dispensaries in order to serve a total population of not less than 25,000. Counties. The department shall certify a local health department to establish and maintain a public health dispensary if the local health department meets the standards established by the department by rule. The department of health and family services may withhold, suspend or revoke a certification if the local health department fails to comply with any rules promulgated by the department. The department shall provide the local health department with reasonable notice of the decision to withhold, suspend or revoke certification. The department shall offer the local health department an opportunity to comply with the rules and an opportunity for a fair hearing. Certified local health departments may contract with each other for public health dispensary services. The department and department of revenue shall be notified of the establishment of public health dispensaries and any contracts pertaining to the dispensaries. If the provider of those services fails to comply, the department may suspend or revoke the local health department's certification. The department may establish, operate and maintain public health dispensaries and branches in areas of the state where local authorities have not provided public health dispensaries.

9,2422 Section 2422. 252.10 (3) of the statutes is repealed.

9,2423 Section 2423. 252.10 (5) of the statutes is repealed.

9,2424 Section 2424. 252.10 (6) (a) of the statutes is amended to read:

252.10 (6) (a) The state shall credit or reimburse each dispensary on an annual or quarterly basis for the operation of public health dispensaries established and maintained in accordance with this section and rules promulgated by the department.

9,2425 Section 2425. 252.10 (6) (b) of the statutes is amended to read:

252.10 (6) (b) The state department shall determine by rule the reimbursement for each visit rate under par. (a) for services as ordered by a physician shall be $6 or a greater amount prescribed in rules promulgated by the department. If an X-ray is taken, an additional $6 or any greater amount prescribed in rules promulgated by the department will be credited. Any X-ray taken outside a facility under this section or outside a facility approved under s. 252.08 on individuals who have a significant reaction to a test for mycobacterium tuberculosis shall qualify for state aid in the same manner as an X-ray taken inside a facility, and the X-ray shall take the place of the first X-ray eligible for reimbursement as part of a case finding and preventive program under par. (e). The administration and reading of the test for mycobacterium tuberculosis for diagnostic purposes shall be considered one visit. Tests for mycobacterium tuberculosis given in school programs, employment health programs, community preventive and case finding programs are not reimbursable as a clinic visit.

9,2426 Section 2426. 252.10 (6) (c) of the statutes is repealed.

9,2427 Section 2427. 252.10 (6) (d) of the statutes is repealed.

9,2428 Section 2428. 252.10 (6) (e) of the statutes is repealed.

9,2429 Section 2429. 252.10 (6) (f) of the statutes is repealed.

9,2430 Section 2430. 252.10 (6) (g) of the statutes is amended to read:

252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) and (b) shall apply only to funds that the department allocates for the reimbursement under the appropriation under s. 20.435 (5) (e).

9,2430L Section 2430L. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X of ch. 440, social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or dietitians certified under subch. V of ch. 448, local health departments, physicians or advanced practice nurse prescribers.

9,2432 Section 2432. 252.10 (9) of the statutes is amended to read:

252.10 (9) Public health dispensaries shall maintain such records as are required by the department to enable them to carry out their responsibilities designated in this section and in rules promulgated by the department. Records shall be submitted annually to the department as soon as possible after the close of each fiscal year and not later than August 15 following may be audited by the department.

9,2432g Section 2432g. 252.12 (2) (a) 8. of the statutes is amended to read:

252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,894,900 $1,994,900 in each year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (5) (am).

9,2432h Section 2432h. 252.12 (2) (c) of the statutes is renumbered 252.12 (2) (c) 1.

9,2432i Section 2432i. 252.12 (2) (c) 2. of the statutes is created to read:

252.12 (2) (c) 2. From the appropriation under s. 20.435 (5) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV. Criteria for award of the grants shall include the criteria specified under subd. 1. The department shall award 60% of the funding to applying organizations that receive funding under par. (a) 8. and 40% of the funding to applying community-based organizations that are operated by minority group members, as defined in s. 560.036 (1) (f).

9,2432j Section 2432j. 252.12 (2) (c) 3. of the statutes is created to read:

252.12 (2) (c) 3. From the appropriation under s. 20.435 (5) (am), the department shall award to the African American AIDS task force of the Black Health Coalition of Wisconsin, Inc., $25,000 in each fiscal year as grants for services to prevent HIV.

9,2432r Section 2432r. 252.14 (1) (ar) 4q. of the statutes is created to read:

252.14 (1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.

9,2432sjk Section 2432sjk. 252.14 (1) (d) of the statutes is amended to read:

252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

9,2433d Section 2433d. 252.15 (1) (ab) of the statutes is amended to read:

252.15 (1) (ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.

9,2433dm Section 2433dm. 252.15 (2) (a) 7. a. of the statutes is amended to read:

252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.

9,2433j Section 2433j. 252.241 (1) of the statutes is amended to read:

252.241 (1) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing a license under s. 252.23 (2) or (4) (a) or 252.24 (2) or (4) (a).

9,2433k Section 2433k. 252.241 (1m) of the statutes is created to read:

252.241 (1m) If an individual who applies for or to renew a license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

9,2433L Section 2433L. 252.241 (3) of the statutes is amended to read:

252.241 (3) The Except as provided in sub. (1m), the department shall deny an application for the issuance or renewal of a license specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

9,2435q Section 2435q. 253.06 (9) of the statutes is created to read:

253.06 (9) Council. (a) In this subsection, "council" means the supplemental food program for women, infants and children council under s. 15.197 (26).

(b) The council shall do all of the following:

1. Review all of the state statutes, administrative rules and department policies regarding the program under this section.

2. Propose statutory, rule or policy changes that would limit the occurrences of vender suspensions and terminations under sub. (5) (b) 2.

3. Propose statutory and rule changes necessary to ensure compliance with federal law.

4. Study the feasibility of distributing drafts to participants via the electronic benefit transfer system established under s. 49.129 and advise the department and the legislature regarding any policies necessary to ensure that no additional costs be incurred by vendors under the electronic benefit transfer system.

5. Submit a report to the secretary and to the legislature in the manner described under s. 13.172 (2) that details the council's recommendations for increasing the number of vendors participating in the program under this section.

(c) This subsection does not apply beginning on January 1, 2002.

9,2439 Section 2439. 253.10 (3) (d) 1. of the statutes is amended to read:

253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide information on family planning, as defined in s. 253.07 (1) (a), including natural family planning information, to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include aid to families with dependent children under s. 49.19, medical assistance for pregnant women and children under s. 49.47 (4) (am), the job opportunities and basic skills program under s. 49.193, the availability of family or medical leave under s. 103.10, the Wisconsin works program under ss. 49.141 to 49.161, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.

9,2439r Section 2439r. 253.115 of the statutes is created to read:

253.115 Newborn hearing screening programs. (1) In this section:

(a) "Hearing loss" means an inability in one or both ears to detect sounds at 30 decibels hearing level or greater in the frequency region of 500 to 4,000 hertz, which affects speech recognition and auditory comprehension.

(b) "Hertz" means a unit of frequency equal to one cycle per second.

(c) "Hospital" has the meaning given in s. 50.33 (2).

(d) "Infant" means a child from birth to 3 months of age.

(e) "Newborn hearing screening program" means a system of a hospital under which an infant may be tested, using currently available medical techniques, to determine if the infant has a hearing loss.

(2) Beginning July 1, 2002, the department shall annually collect information from hospitals for the previous calendar year concerning the numbers of deliveries in each hospital and the availability in each hospital of a newborn hearing screening program. From this information, by July 31, 2003, and annually thereafter, the department shall determine the percentage of deliveries in this state that are performed in hospitals that have newborn hearing screening programs and shall report this information to the appropriate standing committees of the legislature under s. 13.172 (3).

(3) If, by August 5, 2003, the department determines that fewer than 88% of all deliveries in this state are performed in hospitals that have a newborn hearing screening program and so notifies the hospitals, every hospital shall, by January 1, 2004, have a newborn hearing screening program that is available to all infants who are delivered in the hospital.

(4) From the appropriation under section 20.435 (5) (jk), the department shall award up to $333,000 in each fiscal year as grants to applying hospitals to fund the costs of establishing newborn hearing screening programs, as follows:

(a) For the period from January 1, 2000, to June 30, 2001, the department shall award moneys under this subsection only for payment of costs of capital equipment.

(b) For the period from July 1, 2001, to December 31, 2002, the department shall award moneys under this subsection for payment of training or any other initial costs of establishing a newborn hearing screening program.

9,2439s Section 2439s. 253.115 (4) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,2440g Section 2440g. 254.115 (1) (intro.) of the statutes is amended to read:

254.115 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

9,2440h Section 2440h. 254.115 (1m) of the statutes is created to read:

254.115 (1m) If an individual who applies for or to renew a certification, certification card or permit under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, certification card or permit, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification, certification card or permit issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

9,2440i Section 2440i. 254.115 (3) of the statutes is amended to read:

254.115 (3) The Except as provided in sub. (1m), the department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

9,2441 Section 2441. 254.31 (1) (b) of the statutes is created to read:

254.31 (1) (b) The tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

9,2442 Section 2442. 254.31 (2) of the statutes is created to read:

254.31 (2) "Decommissioning" means conducting final operational activities at a nuclear facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material and to carry out any other activities necessary to prepare the site for postoperational care.

9,2443 Section 2443. 254.31 (2m) of the statutes is created to read:

254.31 (2m) "General license" means a license, under requirements prescribed by the department by rule, to possess, use, transfer or acquire by-product material or devices or equipment utilizing by-product material without the filing of a license application by a person or issuance of licensing confirmation by the department.

9,2444 Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and amended to read:

254.31 (1) (intro.) "By-product material" means any radioactive of the following:

(a) Radioactive material (,except special nuclear material), yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

9,2445 Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:

254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions directly or indirectly in their passage through matter, including all of the following:

(a) Electromagnetic radiations, including X-rays and gamma rays.

(b) Particulate radiations, including electrons, beta particles, protons, neutrons, alpha particles and other nuclear particles.

9,2446 Section 2446. 254.31 (5) of the statutes is created to read:

254.31 (5) "Radiation generating equipment" means a system, manufactured product or device or component part of such a product or device that, during operation, is capable of generating or emitting ionizing radiation without the use of radioactive material. "Radiation generating equipment" does not include a device that emits nonionizing radiation.

9,2447 Section 2447. 254.31 (6) of the statutes is amended to read:

254.31 (6) "Radiation installation" is any location or facility where radiation machines are generating equipment is used or where radioactive material is produced, transported, stored, disposed of or used for any purpose.

9,2448 Section 2448. 254.31 (7) of the statutes is repealed.

9,2449 Section 2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and amended to read: