AB133-ASA1-CA1, s. 2400ms 25Section 2400ms. 252.08 (1) of the statutes is repealed.
AB133-ASA1-CA1, s. 2400mt
1Section 2400mt. 252.08 (2) of the statutes is repealed.
AB133-ASA1-CA1, s. 2400mu 2Section 2400mu. 252.08 (3) of the statutes is renumbered 252.07 (10) and
3amended to read:
AB133-ASA1-CA1,579,104 252.07 (10) Inpatient care for isolated pulmonary tuberculosis patients, and
5inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are
6not eligible for federal medicare benefits, for medical assistance under subch. V IV
7of ch. 49 or for health care services funded by a relief block grant under subch. II of
8ch. 49 may be reimbursed if provided by a facility contracted by the department. If
9the patient has private health insurance, the state shall pay the difference between
10health insurance payments and total charges.
AB133-ASA1-CA1, s. 2400mv 11Section 2400mv. 252.08 (4) of the statutes is repealed.
AB133-ASA1-CA1, s. 2400mw 12Section 2400mw. 252.08 (5) of the statutes is repealed.
AB133-ASA1-CA1, s. 2400mx 13Section 2400mx. 252.08 (6) of the statutes is repealed.
AB133-ASA1-CA1, s. 2400my 14Section 2400my. 252.09 of the statutes is repealed.".
AB133-ASA1-CA1,579,15 151364. Page 1211, line 18: after that line insert:
AB133-ASA1-CA1,579,17 16"(c) From the appropriation under s. 20.435 (5) (fh), the department shall
17award $25,000 in each fiscal year as a grant to HealthNet of Janesville, Inc.".
AB133-ASA1-CA1,579,18 181365. Page 1211, line 18: after that line insert:
AB133-ASA1-CA1,579,19 19" Section 2400qc. 251.02 (1) of the statutes is amended to read:
AB133-ASA1-CA1,580,320 251.02 (1) In counties with a population of less than 500,000, the county board
21shall establish a county health department that meets the requirements of this
22chapter. The county health department shall serve all areas of the county that are
23not served by a city health department that was established prior to January 1, 1994,
24or by a town or village health department established under sub. (3m) or by a

1multiple local health department established under sub. (3r)
. No city health
2department may be established after that date January 1, 1994, but a city-county
3health department may be established after that date.
AB133-ASA1-CA1, s. 2400qd 4Section 2400qd. 251.02 (3r) of the statutes is created to read:
AB133-ASA1-CA1,580,95 251.02 (3r) In a county described in sub. (3m), in addition to the local health
6department required to be established under sub. (3m), the governing body of a city,
7village or town in that county may, in concert with the governing body of another city,
8village or town in that county, establish a multiple municipal local health
9department and elect a local health officer consistent with this chapter.
AB133-ASA1-CA1, s. 2400qe 10Section 2400qe. 251.03 (4r) of the statutes is created to read:
AB133-ASA1-CA1,580,1911 251.03 (4r) Subsections (1) to (4m) do not apply to a city, village or town that
12establishes a multiple municipal local health department under s. 251.02 (3r). In
13establishing a multiple municipal local health department as described under s.
14251.02 (3r), the relevant governing bodies shall agree on how many members of the
15local board of health are appointed by each governing body and how many of each
16governing body's appointees shall be members who are not elected officials or
17employes of the governing body. The members shall be appointed by the relevant
18governing bodies. A local board of health under this subsection shall elect a
19chairperson and clerk.
AB133-ASA1-CA1, s. 2400qf 20Section 2400qf. 251.04 (1) of the statutes is amended to read:
AB133-ASA1-CA1,581,321 251.04 (1) A city or county board of health shall govern each local health
22department other than a local health department as authorized in s. 251.02 (3m) and
23(3r)
and a city or county board of health or a board of health for a local health
24department as authorized in s. 251.02 (3m) and (3r) shall
assure the enforcement of
25state public health statutes and public health rules of the department as prescribed

1for a Level I local health department. A local board of health may contract or
2subcontract to provide public health services. The contractor's staff shall meet the
3appropriate qualifications for positions in a Level I local health department.
AB133-ASA1-CA1, s. 2400qg 4Section 2400qg. 251.04 (2) of the statutes is amended to read:
AB133-ASA1-CA1,581,85 251.04 (2) A city or county board of health or a board of health for a local health
6department as authorized in s. 251.02 (3m) or (3r)
shall assure that its local health
7department is a Level I, Level II or Level III local health department, as specified in
8s. 251.05 (1).
AB133-ASA1-CA1, s. 2400qh 9Section 2400qh. 251.04 (3) of the statutes is amended to read:
AB133-ASA1-CA1,581,1510 251.04 (3) A city or county board of health or a board of health for a local health
11department as authorized in s. 251.02 (3m) or (3r)
may adopt those regulations, for
12its own guidance and for the governance of the local health department, that it
13considers necessary to protect and improve public health. The regulations may be
14no less stringent than, and may not conflict with, state statutes and rules of the
15department.
AB133-ASA1-CA1, s. 2400qi 16Section 2400qi. 251.06 (1) (a) 2. of the statutes is amended to read:
AB133-ASA1-CA1,581,2417 251.06 (1) (a) 2. A local health officer of a village or town health department
18established under s. 251.02 (3m) or of a multiple municipal local health department
19established under s. 251.02 (3r)
shall be either a physician or a registered nurse. The
20local health officer shall be a voting member of the local board of health and shall take
21an oath of office. With respect to the levels of services of a Level I local health
22department, as specified in s. 251.05 (2) (a), the local health officer shall be
23authorized to act by and be directed by the county health officer of the county
24specified under s. 251.02 (3m).
AB133-ASA1-CA1, s. 2400qim 25Section 2400qim. 251.06 (2) (c) (intro.) of the statutes is amended to read:
AB133-ASA1-CA1,582,4
1251.06 (2) (c) (intro.) A local health officer of a local health department of a
2village or town established under s. 251.02 (3m) or a local health officer of a multiple
3municipal local health department established under s. 251.02 (3r)
shall be one of the
4following:
AB133-ASA1-CA1, s. 2400qin 5Section 2400qin. 251.06 (2) (c) 1. of the statutes is amended to read:
AB133-ASA1-CA1,582,76 251.06 (2) (c) 1. An employe of the local health department of the village or town
7or an employe of the multiple municipal local health department.
AB133-ASA1-CA1, s. 2400qj 8Section 2400qj. 251.06 (4) (c) of the statutes is amended to read:
AB133-ASA1-CA1,582,129 251.06 (4) (c) A local health officer of a village or town health department
10established under s. 251.02 (3m) and a local health officer of a multiple municipal
11local health department established under s. 251.02 (3r)
shall be appointed by the
12local board of health.
AB133-ASA1-CA1, s. 2400qk 13Section 2400qk. 251.12 of the statutes is amended to read:
AB133-ASA1-CA1,582,18 14251.12 City health department, how financed. The common council shall
15appropriate funds for the operation of a city health department that is established
16as specified in s. 251.02 (1) and (2) and for the operation of a multiple municipal local
17health department that is established under s. 251.02 (3r) by the governing body of
18a city in concert with the governing body of another city or a village or town
.
AB133-ASA1-CA1, s. 2400qL 19Section 2400qL. 251.125 of the statutes is amended to read:
AB133-ASA1-CA1,582,24 20251.125 Village health department, how financed. If a village health
21department is established under s. 251.02 (2) or (3m) or if a multiple municipal local
22health department is established under s. 251.01 (3r) by the governing body of a
23village in concert with the governing body of another village or a city or town
, the
24village board shall appropriate funds for the operation of the department.
AB133-ASA1-CA1, s. 2400qm 25Section 2400qm. 251.127 of the statutes is amended to read:
AB133-ASA1-CA1,583,5
1251.127 Town health department, how financed. If a town health
2department is established under s. 251.02 (3m) or if a multiple municipal local health
3department is established under s. 251.02 (3r) by the governing body of a town in
4concert with the governing body of another town or a city or village
, the town board
5shall appropriate funds for the operation of the department.".
AB133-ASA1-CA1,583,6 61366. Page 1213, line 22: after that line insert:
AB133-ASA1-CA1,583,8 7" Section 2430L. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act
8156
, is amended to read:
AB133-ASA1-CA1,583,189 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
10shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
11and dispensed to patients through the public health dispensaries or through health
12care providers, as defined in s. 146.81 (1), other than massage therapists or
13bodyworkers issued a license of registration under subch. X of ch. 440, social workers,
14marriage and family therapists or professional counselors certified under ch. 457,
15speech-language pathologists or audiologists licensed under subch. II of ch. 459,
16speech and language pathologists licensed by the department of public instruction
17or dietitians certified under subch. V of ch. 448
, local health departments, physicians
18or advanced practice nurse prescribers
.".
AB133-ASA1-CA1,583,19 191367. Page 1215, line 4: after that line insert:
AB133-ASA1-CA1,583,20 20" Section 2432jk. 252.14 (1) (d) of the statutes is amended to read:
AB133-ASA1-CA1,584,221 252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home,
22community-based residential facility, county home, county mental health complex,
23tuberculosis sanatorium
or other place licensed or approved by the department
24under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09 , 58.06, 252.073

1and 252.076
or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42
2or 252.10.".
AB133-ASA1-CA1,584,3 31368. Page 1215, line 4: after that line insert:
AB133-ASA1-CA1,584,4 4" Section 2434d. 252.15 (1) (ab) of the statutes is amended to read:
AB133-ASA1-CA1,584,115 252.15 (1) (ab) "Affected person" means an emergency medical technician, first
6responder, fire fighter, peace officer, correctional officer, person who is employed at
7a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child
8caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined
9in s. 938.02 (15p)
, state patrol officer, jailer or keeper of a jail or person designated
10with custodial authority by the jailer or keeper, health care provider, employe of a
11health care provider or staff member of a state crime laboratory.
AB133-ASA1-CA1, s. 2435d 12Section 2435d. 252.15 (2) (a) 7. a. of the statutes is amended to read:
AB133-ASA1-CA1,585,613 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
14emergency medical technician, first responder, fire fighter, peace officer, correctional
15officer, person who is employed at a secured correctional facility, as defined in s.
16938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g),
17or a secured group home, as defined in s. 938.02 (15p)
, state patrol officer, jailer or
18keeper of a jail or person designated with custodial authority by the jailer or keeper
19who, during the course of providing care or services to an individual; or a peace
20officer, correctional officer, state patrol officer, jailer or keeper of a jail or person
21designated with custodial authority by the jailer or keeper who, while searching or
22arresting an individual or while controlling or transferring an individual in custody;
23or a health care provider or an employe of a health care provider who, during the
24course of providing care or treatment to an individual or handling or processing

1specimens of body fluids or tissues of an individual; or a staff member of a state crime
2laboratory who, during the course of handling or processing specimens of body fluids
3or tissues of an individual; is significantly exposed to the individual may subject the
4individual's blood to a test or a series of tests for the presence of HIV, antigen or
5nonantigenic products of HIV or an antibody to HIV and may receive disclosure of
6the results.".
AB133-ASA1-CA1,585,7 71369. Page 1215, line 4: after that line insert:
AB133-ASA1-CA1,585,8 8" Section 2433j. 252.241 (1) of the statutes is amended to read:
AB133-ASA1-CA1,585,139 252.241 (1) The Except as provided in sub. (1m), the department shall require
10each applicant to provide the department with the applicant's social security
11number, if the applicant is an individual, or the applicant's federal employer
12identification number, if the applicant is not an individual, as a condition of issuing
13or renewing a license under s. 252.23 (2) or (4) (a) or 252.24 (2) or (4) (a).
AB133-ASA1-CA1, s. 2433k 14Section 2433k. 252.241 (1m) of the statutes is created to read:
AB133-ASA1-CA1,585,2115 252.241 (1m) If an individual who applies for or to renew a license under sub.
16(1) does not have a social security number, the individual, as a condition of obtaining
17the license, shall submit a statement made or subscribed under oath or affirmation
18to the department that the applicant does not have a social security number. The
19form of the statement shall be prescribed by the department of workforce
20development. A license issued or renewed in reliance upon a false statement
21submitted under this subsection is invalid.
AB133-ASA1-CA1, s. 2433L 22Section 2433L. 252.241 (3) of the statutes is amended to read:
AB133-ASA1-CA1,586,3
1252.241 (3) The Except as provided in sub. (1m), the department shall deny an
2application for the issuance or renewal of a license specified in sub. (1) if the applicant
3does not provide the information specified in sub. (1).".
AB133-ASA1-CA1,586,4 41370. Page 1215, line 4: after that line insert:
AB133-ASA1-CA1,586,5 5" Section 2432r. 252.14 (1) (ar) 4q. of the statutes is created to read:
AB133-ASA1-CA1,586,66 252.14 (1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.".
AB133-ASA1-CA1,586,7 71371. Page 1215, line 22: delete "2001" and substitute "2002".
AB133-ASA1-CA1,586,8 81372. Page 1218, line 17: after that line insert:
AB133-ASA1-CA1,586,9 9" Section 2440g. 254.115 (1) (intro.) of the statutes is amended to read:
AB133-ASA1-CA1,586,1410 254.115 (1) (intro.) The Except as provided in sub. (1m), the department shall
11require each applicant to provide the department with the applicant's social security
12number, if the applicant is an individual, or the applicant's federal employer
13identification number, if the applicant is not an individual, as a condition of issuing
14or renewing any of the following:
AB133-ASA1-CA1, s. 2440h 15Section 2440h. 254.115 (1m) of the statutes is created to read:
AB133-ASA1-CA1,586,2316 254.115 (1m) If an individual who applies for or to renew a certification,
17certification card or permit under sub. (1) does not have a social security number, the
18individual, as a condition of obtaining the certification, certification card or permit,
19shall submit a statement made or subscribed under oath or affirmation to the
20department that the applicant does not have a social security number. The form of
21the statement shall be prescribed by the department of workforce development. A
22certification, certification card or permit issued or renewed in reliance upon a false
23statement submitted under this subsection is invalid.
AB133-ASA1-CA1, s. 2440i 24Section 2440i. 254.115 (3) of the statutes is amended to read:
AB133-ASA1-CA1,587,4
1254.115 (3) The Except as provided in sub. (1m), the department shall deny an
2application for the issuance or renewal of a certification, certification card or permit
3specified in sub. (1) if the applicant does not provide the information specified in sub.
4(1).".
AB133-ASA1-CA1,587,5 51373. Page 1233, line 19: after that line insert:
AB133-ASA1-CA1,587,6 6" Section 2485t. 255.05 (1) (a) of the statutes is amended to read:
AB133-ASA1-CA1,587,107 255.05 (1) (a) "Institution" means any hospital, nursing home, county home,
8county mental hospital, tuberculosis sanatorium, community-based residential
9facility or other place licensed or approved by the department under ss. s. 49.70,
1049.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.".
AB133-ASA1-CA1,587,11 111374. Page 1233, line 19: after that line insert:
AB133-ASA1-CA1,587,13 12" Section 2485g. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
13statutes is created to read:
AB133-ASA1-CA1,587,1414 Chapter 254
AB133-ASA1-CA1,587,1815 Subchapter IX
16 Investigations of the sale or
17 gift of cigarettes or
18 tobacco products to minors
AB133-ASA1-CA1, s. 2485h 19Section 2485h. 254.911 of the statutes is created to read:
AB133-ASA1-CA1,587,20 20254.911 Definitions. In this subchapter:
AB133-ASA1-CA1,587,21 21(1) "Cigarette" has the meaning given in s. 139.30 (1).
AB133-ASA1-CA1,588,2 22(2) "Governmental regulatory authority" means the department; the local
23health department, state agency or law enforcement agency with which the
24department contracts under s. 254.916 (1) (a); or the person with whom the local

1health department, state agency or law enforcement agency contracts under s.
2254.916 (1) (a).
AB133-ASA1-CA1,588,3 3(3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB133-ASA1-CA1,588,4 4(4) "Retailer" has the meaning given in s. 134.66 (1) (g).
AB133-ASA1-CA1,588,6 5(5) "Retail outlet" means a place of business from which cigarettes or tobacco
6products are sold at retail to consumers.
AB133-ASA1-CA1,588,7 7(6) "State agency" has the meaning given in s. 1.12 (1) (b).
AB133-ASA1-CA1,588,8 8(7) "Tobacco products" has the meaning given in s. 139.75 (12).
AB133-ASA1-CA1,588,11 9(8) "Tobacco vending machine" is any mechanical device that automatically
10dispenses cigarettes or tobacco products when money or tokens are deposited in the
11device in payment for the cigarettes or tobacco products.
AB133-ASA1-CA1,588,16 12(9) "Tobacco vending machine operator" means a person who acquires tobacco
13products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e),
14or permittees, stores them and sells them through the medium of tobacco vending
15machines that he or she owns, operates or services and that are located on premises
16that are owned or under the control of other persons.
AB133-ASA1-CA1,588,18 17(10) "Tobacco vending machine premises" means any area in which a tobacco
18vending machine is located.
AB133-ASA1-CA1, s. 2485j 19Section 2485j. 254.916 of the statutes is created to read:
AB133-ASA1-CA1,589,15 20254.916 Department; authority. (1) (a) In the administration of this
21subchapter, the department may contract with local health departments, as agents
22of the department, with a state agency or with law enforcement agencies of the state,
23or of a county, city, village or town, to cause unannounced investigations to be
24conducted at least annually at retail outlets, including sites of tobacco vending
25machines, to survey overall levels of compliance with s. 134.66 (2) (a) and (am). A

1person with whom the department contracts under this paragraph may contract
2with another person to conduct the investigations. Except any survey conducted
3under 21 CFR part 897, the survey under this subsection shall cover a range of retail
4outlets that are not preselected on the basis of prior violations, in order to measure
5overall levels of compliance as well as to identify violations. The survey shall be
6conducted so as to provide a sample of retail outlets that reflects the distribution of
7minors throughout the state and the distribution of the retail outlets throughout the
8state where minors are likely to attempt to purchase cigarettes. The survey shall
9include all types of retail outlets that are required to comply with s. 134.66 (2) (a) and
10(am). The department shall use statistically sound sampling techniques in designing
11the annual surveys so as to measure overall levels of compliance and shall stratify
12the sample so as to measure compliance by type of retail outlet, including a private
13place of business other than a retail establishment, but not including a barroom, as
14defined in s. 125.51 (3m) (a), that is located on premises described in a license issued
15under s. 125.26 or 125.51 (3).
AB133-ASA1-CA1,589,1816 (b) The department, in consultation with retailers and governmental
17regulatory authorities, shall establish standards for procedures and training for
18conducting investigations under this section.
AB133-ASA1-CA1,589,2219 (c) No retailer may be subject to unannounced investigations more than twice
20annually unless the retailer is found to have violated s. 134.66 (2) (a) or (am) during
21each investigation. Investigations conducted under sub. (12) may not be considered
22unannounced investigations for purposes of this paragraph.
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