SB45: Bill Text

SB45,1119,2 (a) "Infectious tuberculosis" means tuberculosis disease of the respiratory tract, capable of producing infection or disease in others as demonstrated by the presence of acid-fast bacilli in the sputum or bronchial secretions or by chest radiograph and clinical findings.

SB45,1119,4 (b) "Isolate" means a population of mycobacterium tuberculosis bacteria that has been obtained in pure culture medium.

SB45,1119,7 (c) "Isolation" means the separation from other persons of a person with infectious tuberculosis in a place and under conditions that prevent the transmission of the infection.

SB45,1119,11 (d) "Suspect tuberculosis" means an illness marked by symptoms and laboratory tests that may be indicative of tuberculosis, such as a prolonged cough, prolonged fever, hemoptysis, compatible roentgenographic findings or other appropriate medical imaging findings.

SB45, s. 2403 Section 2403. 252.07 (1p) of the statutes is created to read:

SB45,1119,15 252.07 (1p) Any laboratory that performs primary culture for mycobacteria shall also perform organism identification for mycobacterium tuberculosis complex using an approved rapid testing procedure specified by the department by rule.

SB45, s. 2404 Section 2404. 252.07 (1t) of the statutes is created to read:

SB45,1119,20 252.07 (1t) Any laboratory that identifies mycobacterium tuberculosis shall ensure that antimicrobial drug susceptibility tests are performed on the initial isolate. The laboratory shall report the results of these tests to the local health officer and the department.

SB45, s. 2405 Section 2405. 252.07 (2) of the statutes is amended to read:

SB45,1120,2 252.07 (2) The department shall identify groups at risk for contracting or transmitting mycobacterium tuberculosis and shall recommend the protocol for screening members of those groups. If necessary to prevent or control the transmission of mycobacterium tuberculosis, the department may promulgate rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.

SB45, s. 2406 Section 2406. 252.07 (4) of the statutes is repealed.

SB45, s. 2407 Section 2407. 252.07 (5) of the statutes is amended to read:

SB45,1120,9 252.07 (5) Upon report of any person under sub. (1) (1m) or (1t), the local health officer shall at once investigate and make and enforce the necessary orders. If any person does not voluntarily comply with any order made by the local health officer with respect to that person, the local health officer or the department may order a medical evaluation, directly observed therapy or home isolation of that person.

SB45, s. 2408 Section 2408. 252.07 (7) of the statutes is repealed.

SB45, s. 2409 Section 2409. 252.07 (8) of the statutes is created to read:

SB45,1120,14 252.07 (8) (a) The department or a local health officer may order the confinement to a facility of an individual who has a confirmed diagnosis of infectious tuberculosis or suspect tuberculosis if all of the following conditions are met:

SB45,1120,16 1. The department or local health officer notifies a court in writing of the confinement.

SB45,1120,19 2. The department or local health officer provides to the court a written statement from a physician that the individual has infectious tuberculosis or suspect tuberculosis.

SB45,1120,23 3. The department or local health officer provides to the court evidence that the individual has refused to follow a prescribed treatment regimen or, in the case of an individual with suspect tuberculosis, has refused to undergo a medical examination to confirm whether the individual has infectious tuberculosis.

SB45,1121,3 4. In the case of an individual with a confirmed diagnosis of infectious tuberculosis, the department or local health officer determines that the individual poses an imminent and substantial threat to himself or herself or to the public health. The department or local health officer shall provide to the court a written statement of that determination.

SB45,1121,8 (b) If the department or local health officer orders the confinement of an individual under this subsection, a law enforcement officer, or other person authorized by the local public health officer, shall transport the individual, if necessary, to a facility that the department or local health officer determines will meet the individual's need for medical evaluation, isolation and treatment.

SB45,1121,11 (c) No individual may be confined under this subsection for more than 72 hours, excluding Saturdays, Sundays and legal holidays, without a court hearing under sub. (9) to determine whether the confinement should continue.

SB45, s. 2410 Section 2410. 252.07 (9) of the statutes is created to read:

SB45,1121,18 252.07 (9) (a) The department or a local health officer may petition any court for a hearing to determine whether an individual with infectious or suspect tuberculosis should be confined for longer than 72 hours in a facility where proper care and treatment will be provided and spread of the disease will be prevented. The department or local health officer shall include in the petition documentation that demonstrates all of the following:

SB45,1121,21 1. That the individual named in the petition has infectious tuberculosis; that the individual has noninfectious tuberculosis but is at high risk of developing infectious tuberculosis; or that the individual has suspect tuberculosis.

SB45,1121,24 2. That the individual has failed to comply with the prescribed treatment regimen or with any rules promulgated by the department under sub. (11); or that the disease is resistant to the medication prescribed to the individual.

SB45,1122,3 3. That all other reasonable means of achieving voluntary compliance with treatment have been exhausted and no less restrictive alternative exists; or that no other medication to treat the resistant disease is available.

SB45,1122,5 4. That the individual poses an imminent and substantial threat to himself or herself or to the public health.

SB45,1122,8 (b) The department or local health officer shall give the individual written notice of a hearing at least 48 hours before a scheduled hearing is to be held. Notice of the hearing shall include all of the following information:

SB45,1122,9 1. The date, time and place of the hearing.

SB45,1122,11 2. The grounds, and underlying facts, upon which confinement of the individual is being sought.

SB45,1122,12 3. An explanation of the individual's rights specified under par. (d).

SB45,1122,13 4. The proposed actions to be taken and the reasons for each action.

SB45,1122,19 (c) If the court orders confinement of an individual under this subsection, the individual shall remain confined until the department or local health officer, with the concurrence of a treating physician, determines that treatment is complete or that the individual is no longer a substantial threat to himself or herself or to the public health. If the individual is to be confined for more than 6 months, the court shall review the confinement every 6 months.

SB45,1123,5 (d) An individual who is the subject of a petition for a hearing under this subsection has the right to appear at the hearing, the right to present evidence and cross-examine witnesses and the right to be represented by adversary counsel. At the time of the filing of the petition the court shall assure that the individual who is the subject of the petition is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the individual to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4). Unless good cause is shown, a hearing under this subsection may be conducted by telephone or live audiovisual means, if available.

SB45,1123,8 (e) An order issued by the court under this subsection may be appealed as a matter of right. An appeal shall be heard within 30 days after the appeal is filed. An appeal does not stay the order.

SB45, s. 2411 Section 2411. 252.07 (11) of the statutes is created to read:

SB45,1123,14 252.07 (11) The department may promulgate any rules necessary for the administration and enforcement of this section, including, if necessary to prevent or control the transmission of mycobacterium tuberculosis, rules that require screening of members of specific groups that are at risk for contracting or transmitting mycobacterium tuberculosis.

SB45, s. 2412 Section 2412. 252.073 of the statutes is repealed.

SB45, s. 2413 Section 2413. 252.076 of the statutes is repealed.

SB45, s. 2414 Section 2414. 252.08 (1) of the statutes is repealed.

SB45, s. 2415 Section 2415. 252.08 (2) of the statutes is repealed.

SB45, s. 2416 Section 2416. 252.08 (3) of the statutes is renumbered 252.07 (10) and amended to read:

SB45,1124,2 252.07 (10) Inpatient care for isolated pulmonary tuberculosis patients, and inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are not eligible for federal medicare benefits, for medical assistance under subch. V IV of ch. 49 or for health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

SB45, s. 2417 Section 2417. 252.08 (4) of the statutes is repealed.

SB45, s. 2418 Section 2418. 252.08 (5) of the statutes is repealed.

SB45, s. 2419 Section 2419. 252.08 (6) of the statutes is repealed.

SB45, s. 2420 Section 2420. 252.09 of the statutes is repealed.

SB45, s. 2421 Section 2421. 252.10 (1) of the statutes is amended to read:

SB45,1125,5 252.10 (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.

SB45, s. 2422 Section 2422. 252.10 (3) of the statutes is repealed.

SB45, s. 2423 Section 2423. 252.10 (5) of the statutes is repealed.

SB45, s. 2424 Section 2424. 252.10 (6) (a) of the statutes is amended to read:

SB45,1125,12 252.10 (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.

SB45, s. 2425 Section 2425. 252.10 (6) (b) of the statutes is amended to read:

SB45,1126,2 252.10 (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.

SB45, s. 2426 Section 2426. 252.10 (6) (c) of the statutes is repealed.

SB45, s. 2427 Section 2427. 252.10 (6) (d) of the statutes is repealed.

SB45, s. 2428 Section 2428. 252.10 (6) (e) of the statutes is repealed.

SB45, s. 2429 Section 2429. 252.10 (6) (f) of the statutes is repealed.

SB45, s. 2430 Section 2430. 252.10 (6) (g) of the statutes is amended to read:

SB45,1126,10 252.10 (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).

SB45, s. 2431 Section 2431. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

SB45,1126,22 252.10 (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.

SB45, s. 2432 Section 2432. 252.10 (9) of the statutes is amended to read:

SB45,1127,4 252.10 (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.

SB45, s. 2433 Section 2433. 252.14 (1) (d) of the statutes is amended to read:

SB45,1127,11 252.14 (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.

SB45, s. 2434 Section 2434. 252.15 (1) (ab) of the statutes is amended to read:

SB45,1127,19 252.15 (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.

SB45, s. 2435 Section 2435. 252.15 (2) (a) 7. a. of the statutes is amended to read:

SB45,1128,13 252.15 (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.

SB45, s. 2436 Section 2436. 253.07 (4) (intro.) of the statutes is amended to read:

SB45,1128,17 253.07 (4) Family planning services. (intro.) From the appropriation under s. 20.435 (5) (f) (cb), the department shall allocate funds in the following amounts, for the following services:

SB45, s. 2437 Section 2437. 253.08 of the statutes is amended to read:

SB45,1128,24 253.08 Pregnancy counseling services. The department shall make grants from the appropriation under s. 20.435 (5) (eg) (cb) to individuals and organizations to provide pregnancy counseling services. For a program to be eligible under this section, an applicant must demonstrate that moneys provided in a grant under s. 20.435 (5) (eg) (cb) will not be used to engage in any activity specified in s. 20.9275 (2) (a) 1. to 3.

SB45, s. 2438 Section 2438. 253.085 (2) of the statutes is amended to read:

SB45,1129,4 253.085 (2) In addition to the amounts appropriated under s. 20.435 (5) (ev) (cb), the department shall allocate $250,000 for each fiscal year from moneys received under the maternal and child health services block grant program, 42 USC 701 to 709, for the outreach program under this section.

SB45, s. 2439 Section 2439. 253.10 (3) (d) 1. of the statutes is amended to read:

SB45,1130,15 253.10 (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.

SB45, s. 2440 Section 2440. 253.12 of the statutes is repealed and recreated to read:

SB45,1130,18 253.12 Birth defect prevention and surveillance system. (1) Definitions. In this section:

SB45,1130,21 (a) "Birth defect" means any of the following conditions affecting an infant or child that occurs prior to or at birth and that requires medical or surgical intervention or interferes with normal growth and development:

SB45,1130,22 1. A structural deformation, disruption or dysplasia.

SB45,1130,23 2. A genetic, inherited or biochemical disease.

SB45,1131,3 (b) "Pediatric specialty clinic" means a clinic the primary purpose of which is to provide pediatric specialty diagnostic, counseling and medical management services to persons with birth defects by physician subspecialist.

SB45,1131,4 (c) "Infant or child" means a human being from birth to the age of 2 years.

SB45,1131,5 (d) "Physician" has the meaning given in s. 448.01 (5).

SB45,1131,8 (2) Reporting. (a) Except as provided in par. (b), all of the following shall report in the manner prescribed by the department under sub. (3) (a) 3. a birth defect in an infant or child: