SB45,1124,221 252.07 (10) Inpatient care for isolated pulmonary tuberculosis patients, and
22inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are
23not eligible for federal medicare benefits, for medical assistance under subch. V IV
24of ch. 49 or for health care services funded by a relief block grant under subch. II of
25ch. 49 may be reimbursed if provided by a facility contracted by the department. If

1the patient has private health insurance, the state shall pay the difference between
2health insurance payments and total charges.
SB45, s. 2417 3Section 2417. 252.08 (4) of the statutes is repealed.
SB45, s. 2418 4Section 2418. 252.08 (5) of the statutes is repealed.
SB45, s. 2419 5Section 2419. 252.08 (6) of the statutes is repealed.
SB45, s. 2420 6Section 2420. 252.09 of the statutes is repealed.
SB45, s. 2421 7Section 2421. 252.10 (1) of the statutes is amended to read:
SB45,1125,58 252.10 (1) Counties with populations of more than 25,000 may establish and
9maintain public health dispensaries and, where necessary, branches of the
10dispensaries
A local health department may request from the department
11certification to establish and maintain a public health dispensary
for the diagnosis
12and treatment of persons suffering from or suspected of having mycobacterium
13tuberculosis or other pulmonary diseases. Two or more counties local health
14departments
may jointly establish, operate and maintain public health dispensaries
15in order to serve a total population of not less than 25,000. Counties. The department
16shall certify a local health department to establish and maintain a public health
17dispensary if the local health department meets the standards established by the
18department by rule. The department of health and family services may withhold,
19suspend or revoke a certification if the local health department fails to comply with
20any rules promulgated by the department. The department shall provide the local
21health department with reasonable notice of the decision to withhold, suspend or
22revoke certification. The department shall offer the local health department an
23opportunity to comply with the rules and an opportunity for a fair hearing. Certified
24local health departments
may contract with each other for public health dispensary
25services. The department and department of revenue shall be notified of the

1establishment of public health dispensaries and any contracts pertaining to the
2dispensaries.
If the provider of those services fails to comply, the department may
3suspend or revoke the local health department's certification.
The department may
4establish, operate and maintain public health dispensaries and branches in areas of
5the state where local authorities have not provided public health dispensaries.
SB45, s. 2422 6Section 2422. 252.10 (3) of the statutes is repealed.
SB45, s. 2423 7Section 2423. 252.10 (5) of the statutes is repealed.
SB45, s. 2424 8Section 2424. 252.10 (6) (a) of the statutes is amended to read:
SB45,1125,129 252.10 (6) (a) The state shall credit or reimburse each dispensary on an annual
10or quarterly basis for the operation of public health dispensaries established and
11maintained in accordance with this section and rules promulgated by the
12department
.
SB45, s. 2425 13Section 2425. 252.10 (6) (b) of the statutes is amended to read:
SB45,1126,214 252.10 (6) (b) The state department shall determine by rule the reimbursement
15for each visit rate under par. (a) for services as ordered by a physician shall be $6 or
16a greater amount prescribed in rules promulgated by the department. If an X-ray
17is taken, an additional $6 or any greater amount prescribed in rules promulgated by
18the department will be credited. Any X-ray taken outside a facility under this
19section or outside a facility approved under s. 252.08 on individuals who have a
20significant reaction to a test for mycobacterium tuberculosis shall qualify for state
21aid in the same manner as an X-ray taken inside a facility, and the X-ray shall take
22the place of the first X-ray eligible for reimbursement as part of a case finding and
23preventive program under par. (e). The administration and reading of the test for
24mycobacterium tuberculosis for diagnostic purposes shall be considered one visit.
25Tests for mycobacterium tuberculosis given in school programs, employment health

1programs, community preventive and case finding programs are not reimbursable
2as a clinic visit
.
SB45, s. 2426 3Section 2426. 252.10 (6) (c) of the statutes is repealed.
SB45, s. 2427 4Section 2427. 252.10 (6) (d) of the statutes is repealed.
SB45, s. 2428 5Section 2428. 252.10 (6) (e) of the statutes is repealed.
SB45, s. 2429 6Section 2429. 252.10 (6) (f) of the statutes is repealed.
SB45, s. 2430 7Section 2430. 252.10 (6) (g) of the statutes is amended to read:
SB45,1126,108 252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) and (b) shall
9apply only to funds that the department allocates for the reimbursement under the
10appropriation under s. 20.435 (5) (e).
SB45, s. 2431 11Section 2431. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 156,
12is amended to read:
SB45,1126,2213 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
14shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
15and dispensed to patients through the public health dispensaries or through health
16care providers, as defined in s. 146.81 (1), other than massage therapists or
17bodyworkers issued a license of registration under subch. X of ch. 440, social workers,
18marriage and family therapists or professional counselors certified under ch. 457,
19speech-language pathologists or audiologists licensed under subch. II of ch. 459,
20speech and language pathologists licensed by the department of public instruction
21or dietitians certified under subch. V of ch. 448
, local health departments, physicians
22or advanced practice nurse prescribers
.
SB45, s. 2432 23Section 2432. 252.10 (9) of the statutes is amended to read:
SB45,1127,424 252.10 (9) Public health dispensaries shall maintain such records as are
25required by the department to enable them to carry out their responsibilities

1designated in this section and in rules promulgated by the department. Records
2shall be submitted annually to the department as soon as possible after the close of
3each fiscal year and not later than August 15 following
may be audited by the
4department
.
SB45, s. 2433 5Section 2433. 252.14 (1) (d) of the statutes is amended to read:
SB45,1127,116 252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home,
7community-based residential facility, county home, county mental health complex,
8tuberculosis sanatorium
or other place licensed or approved by the department
9under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09 , 58.06, 252.073
10and 252.076
or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42
11or 252.10.
SB45, s. 2434 12Section 2434. 252.15 (1) (ab) of the statutes is amended to read:
SB45,1127,1913 252.15 (1) (ab) "Affected person" means an emergency medical technician, first
14responder, fire fighter, peace officer, correctional officer, person who is employed at
15a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child
16caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined
17in s. 938.02 (15p)
, state patrol officer, jailer or keeper of a jail or person designated
18with custodial authority by the jailer or keeper, health care provider, employe of a
19health care provider or staff member of a state crime laboratory.
SB45, s. 2435 20Section 2435. 252.15 (2) (a) 7. a. of the statutes is amended to read:
SB45,1128,1321 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
22emergency medical technician, first responder, fire fighter, peace officer, correctional
23officer, person who is employed at a secured correctional facility, as defined in s.
24938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g),
25or a secured group home, as defined in s. 938.02 (15p)
, state patrol officer, jailer or

1keeper of a jail or person designated with custodial authority by the jailer or keeper
2who, during the course of providing care or services to an individual; or a peace
3officer, correctional officer, state patrol officer, jailer or keeper of a jail or person
4designated with custodial authority by the jailer or keeper who, while searching or
5arresting an individual or while controlling or transferring an individual in custody;
6or a health care provider or an employe of a health care provider who, during the
7course of providing care or treatment to an individual or handling or processing
8specimens of body fluids or tissues of an individual; or a staff member of a state crime
9laboratory who, during the course of handling or processing specimens of body fluids
10or tissues of an individual; is significantly exposed to the individual may subject the
11individual's blood to a test or a series of tests for the presence of HIV, antigen or
12nonantigenic products of HIV or an antibody to HIV and may receive disclosure of
13the results.
SB45, s. 2436 14Section 2436. 253.07 (4) (intro.) of the statutes is amended to read:
SB45,1128,1715 253.07 (4) Family planning services. (intro.) From the appropriation under
16s. 20.435 (5) (f) (cb), the department shall allocate funds in the following amounts,
17for the following services:
SB45, s. 2437 18Section 2437. 253.08 of the statutes is amended to read:
SB45,1128,24 19253.08 Pregnancy counseling services. The department shall make grants
20from the appropriation under s. 20.435 (5) (eg) (cb) to individuals and organizations
21to provide pregnancy counseling services. For a program to be eligible under this
22section, an applicant must demonstrate that moneys provided in a grant under s.
2320.435 (5) (eg) (cb) will not be used to engage in any activity specified in s. 20.9275
24(2) (a) 1. to 3.
SB45, s. 2438 25Section 2438. 253.085 (2) of the statutes is amended to read:
SB45,1129,4
1253.085 (2) In addition to the amounts appropriated under s. 20.435 (5) (ev)
2(cb), the department shall allocate $250,000 for each fiscal year from moneys
3received under the maternal and child health services block grant program, 42 USC
4701
to 709, for the outreach program under this section.
SB45, s. 2439 5Section 2439. 253.10 (3) (d) 1. of the statutes is amended to read:
SB45,1130,156 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
7a woman about public and private agencies, including adoption agencies, and
8services that are available to provide information on family planning, as defined in
9s. 253.07 (1) (a), including natural family planning information, to provide
10ultrasound imaging services, to assist her if she has received a diagnosis that her
11unborn child has a disability or if her pregnancy is the result of sexual assault or
12incest and to assist her through pregnancy, upon childbirth and while the child is
13dependent. The materials shall include a comprehensive list of the agencies
14available, a description of the services that they offer and a description of the manner
15in which they may be contacted, including telephone numbers and addresses, or, at
16the option of the department, the materials shall include a toll-free, 24-hour
17telephone number that may be called to obtain an oral listing of available agencies
18and services in the locality of the caller and a description of the services that the
19agencies offer and the manner in which they may be contacted. The materials shall
20provide information on the availability of governmentally funded programs that
21serve pregnant women and children. Services identified for the woman shall include
22aid to families with dependent children under s. 49.19, medical assistance for
23pregnant women and children under s. 49.47 (4) (am), the job opportunities and basic
24skills program under s. 49.193,
the availability of family or medical leave under s.
25103.10, the Wisconsin works program under ss. 49.141 to 49.161, child care services,

1child support laws and programs and the credit for expenses for household and
2dependent care and services necessary for gainful employment under section 21 of
3the internal revenue code. The materials shall state that it is unlawful to perform
4an abortion for which consent has been coerced, that any physician who performs or
5induces an abortion without obtaining the woman's voluntary and informed consent
6is liable to her for damages in a civil action and is subject to a civil penalty, that the
7father of a child is liable for assistance in the support of the child, even in instances
8in which the father has offered to pay for an abortion, and that adoptive parents may
9pay the costs of prenatal care, childbirth and neonatal care. The materials shall
10include information, for a woman whose pregnancy is the result of sexual assault or
11incest, on legal protections available to the woman and her child if she wishes to
12oppose establishment of paternity or to terminate the father's parental rights. The
13materials shall state that fetal ultrasound imaging and auscultation of fetal heart
14tone services are obtainable by pregnant women who wish to use them and shall
15describe the services.
SB45, s. 2440 16Section 2440. 253.12 of the statutes is repealed and recreated to read:
SB45,1130,18 17253.12 Birth defect prevention and surveillance system. (1)
18Definitions. In this section:
SB45,1130,2119 (a) "Birth defect" means any of the following conditions affecting an infant or
20child that occurs prior to or at birth and that requires medical or surgical
21intervention or interferes with normal growth and development:
SB45,1130,2222 1. A structural deformation, disruption or dysplasia.
SB45,1130,2323 2. A genetic, inherited or biochemical disease.
SB45,1131,3
1(b) "Pediatric specialty clinic" means a clinic the primary purpose of which is
2to provide pediatric specialty diagnostic, counseling and medical management
3services to persons with birth defects by physician subspecialist.
SB45,1131,44 (c) "Infant or child" means a human being from birth to the age of 2 years.
SB45,1131,55 (d) "Physician" has the meaning given in s. 448.01 (5).
SB45,1131,8 6(2) Reporting. (a) Except as provided in par. (b), all of the following shall report
7in the manner prescribed by the department under sub. (3) (a) 3. a birth defect in an
8infant or child:
SB45,1131,109 1. A hospital or pediatric specialty clinic in which the birth defect is diagnosed
10in an infant or child or treatment for the birth defect is provided to the infant or child.
SB45,1131,1211 2. A physician who diagnoses the birth defect or provides treatment to the
12infant or child for the birth defect.
SB45,1131,1413 3. A clinical laboratory that identifies a birth defect in the infant or child as the
14result of laboratory analysis.
SB45,1131,1815 (b) No person specified under par. (a) 1. to 3. need report under par. (a) if that
16person knows that another person specified under par. (a) 1. to 3. has already
17reported to the department the required information with respect to the same birth
18defect of the same infant or child.
SB45,1131,2319 (c) Upon request of the department, a physician, hospital or pediatric specialty
20clinic shall provide to the department information contained in the medical records
21of patients who have a confirmed or suspected birth defect diagnosis. The physician,
22hospital or pediatric specialty clinic shall provide that information within 10
23working days after the department requests it.
SB45,1131,25 24(3) Department duties and powers. (a) The department shall do all of the
25following:
SB45,1132,4
11. Establish and maintain an up-to-date registry that documents the
2diagnosis in this state of any infant or child who has a birth defect, regardless of the
3residence of the infant or child. The department shall include in the registry
4information that will facilitate all of the following:
SB45,1132,55 a. Identification of risk factors for birth defects.
SB45,1132,76 b. Investigation of the incidence, prevalence and trends of birth defects using
7epidemiological surveys.
SB45,1132,98 c. Development of preventive strategies to decrease the occurrence of birth
9defects.
SB45,1132,1110 2. Specify by rule the birth defects the existence of which requires a report
11under sub. (2) to be submitted to the department.
SB45,1132,1312 3. Specify by rule the content, format and procedures for submitting a report
13under sub. (2).
SB45,1132,1614 (b) The department may monitor the data contained in the reports submitted
15under sub. (2) to ensure the quality of that data and to make improvements in
16reporting methods.
SB45,1132,22 17(4) Council on birth defect prevention and surveillance. The council on
18birth defect prevention and surveillance, created under s. 15.197 (12), shall make
19recommendations to the department regarding the establishment of a registry that
20documents the diagnosis and treatment in the state of an infant or child who has a
21birth defect, as required under sub. (3) (a) 1. and regarding the rules that the
22department is required to promulgate under sub. (3) (a) 2. and 3.
SB45,1133,2 23(5) Confidentiality. (a) Any information contained in a report made to the
24department under sub. (2) that may specifically identify the subject of the report is

1confidential. The department may not release that confidential information except
2to the following, under the following conditions:
SB45,1133,43 1. The parent or guardian of an infant or child for whom a report is made under
4sub. (2).
SB45,1133,115 2. A local health officer, upon receipt of a written request and informed written
6consent from the parent or guardian of the infant or child. The local health officer
7may disclose information received under this subdivision only to the extent
8necessary to render and coordinate follow-up care for the infant or child or to conduct
9a health, demographic or epidemiological investigation. The local health officer shall
10destroy all information received under this subdivision within one year after
11receiving it.
SB45,1133,1412 3. A physician, hospital or pediatric specialty clinic reporting under sub. (2),
13for the purpose of verification of information reported by the physician, hospital or
14pediatric specialty clinic.
SB45,1133,2415 4. A representative of a federal or state agency upon written request and to the
16extent that the information is necessary to perform a legally authorized function of
17that agency, including investigation of causes, mortality, methods of prevention,
18treatment or care of birth defects, associated diseases or disabilities. The
19information may not include the name or address of an infant or child with a
20condition reported under sub. (2). The department shall notify the parent or
21guardian of an infant or child about whom information is released under this
22subdivision, of the release. The representative of the federal or state agency may
23disclose information received under this paragraph only as necessary to perform the
24legally authorized function of that agency for which the information was requested.
SB45,1134,2
1(b) The department may also release confidential information to a person
2proposing to conduct research if all of the following conditions are met:
SB45,1134,73 1. The person proposing to conduct the research applies in writing to the
4department for approval to perform the research and the department approves the
5application. The application for approval shall include a written protocol for the
6proposed research, the person's professional qualifications to perform the proposed
7research and any other information requested by the department.
SB45,1134,98 2. The research is for the purpose of studying birth defects surveillance and
9prevention.
SB45,1134,2010 3. If the research will involve direct contact with a subject of a report made
11under sub. (2) or with any member of the subject's family, the department determines
12that the contact is necessary for meeting the research objectives and that the
13research is in response to a public health need or is for the purpose of or in connection
14with birth defects surveillance or investigations sponsored and conducted by public
15health officials. The department must also determine that the research has been
16approved by a certified institutional review board or a committee for the protection
17of human subjects in accordance with the regulations for research involving human
18subjects required by the federal department of health and human services for
19projects supported by that agency. Contact may only be made in a manner and
20method approved by the department.
SB45,1134,2221 4. The person agrees in writing that the information provided will be used only
22for the research approved by the department.
SB45,1134,2423 5. The person agrees in writing that the information provided will not be
24released to any person except other persons involved in the research.
SB45,1135,3
16. The person agrees in writing that the final product of the research will not
2reveal information that may specifically identify the subject of a report made under
3sub. (2).
SB45,1135,54 7. The person agrees in writing to any other conditions imposed by the
5department.
SB45, s. 2441 6Section 2441. 254.31 (1) (b) of the statutes is created to read:
SB45,1135,97 254.31 (1) (b) The tailings or waste produced by the extraction or concentration
8of uranium or thorium from any ore processed primarily for its source material
9content.
SB45, s. 2442 10Section 2442. 254.31 (2) of the statutes is created to read:
SB45,1135,1411 254.31 (2) "Decommissioning" means conducting final operational activities at
12a nuclear facility to dismantle site structures, to decontaminate site surfaces and
13remaining structures, to stabilize and contain residual radioactive material and to
14carry out any other activities necessary to prepare the site for postoperational care.
SB45, s. 2443 15Section 2443. 254.31 (2m) of the statutes is created to read:
SB45,1135,1916 254.31 (2m) "General license" means a license, under requirements prescribed
17by the department by rule, to possess, use, transfer or acquire by-product material
18or devices or equipment utilizing by-product material without the filing of a license
19application by a person or issuance of licensing confirmation by the department.
SB45, s. 2444 20Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and
21amended to read:
SB45,1135,2322 254.31 (1) (intro.) "By-product material" means any radioactive of the
23following:
SB45,1136,3
1(a) Radioactive material ( ,except special nuclear material), yielded in or made
2radioactive by exposure to the radiation incident to the process of producing or
3utilizing special nuclear material.
SB45, s. 2445 4Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:
SB45,1136,65 254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions
6directly or indirectly in their passage through matter, including all of the following:
SB45,1136,77 (a) Electromagnetic radiations, including X-rays and gamma rays.
SB45,1136,98 (b) Particulate radiations, including electrons, beta particles, protons,
9neutrons, alpha particles and other nuclear particles.
SB45, s. 2446 10Section 2446. 254.31 (5) of the statutes is created to read:
SB45,1136,1511 254.31 (5) "Radiation generating equipment" means a system, manufactured
12product or device or component part of such a product or device that, during
13operation, is capable of generating or emitting ionizing radiation without the use of
14radioactive material. "Radiation generating equipment" does not include a device
15that emits nonionizing radiation.
SB45, s. 2447 16Section 2447. 254.31 (6) of the statutes is amended to read:
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