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:
SB45,1136,1917
254.31
(6) "Radiation installation" is any location or facility where radiation
18machines are generating equipment is used or where radioactive material is
19produced, transported, stored, disposed of or used for any purpose.
SB45, s. 2448
20Section
2448. 254.31 (7) of the statutes is repealed.
SB45, s. 2449
21Section
2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and
22amended to read:
SB45,1137,223
254.31
(9m) "Radioactive material" includes any solid, liquid or gaseous
24substance which emits ionizing radiation spontaneously
, including
1accelerator-produced material, by-product material, naturally occurring material,
2source material and special nuclear material.
SB45, s. 2450
3Section
2450. 254.31 (9) of the statutes is amended to read:
SB45,1137,54
254.31
(9) "Radiation source" means
a radiation
machine generating
5equipment or radioactive material
as defined herein.
SB45, s. 2451
6Section
2451. 254.31 (11g) of the statutes is created to read:
SB45,1137,97
254.31
(11g) "Specific license" means a license, under requirements prescribed
8by the department by rule, to possess, use, manufacture, produce, transfer or acquire
9radioactive material or devices or equipment utilizing radioactive material.
SB45, s. 2452
10Section
2452. 254.31 (11m) of the statutes is created to read:
SB45,1137,1211
254.31
(11m) "Transuranic" means a radioactive material having an atomic
12number that is greater than 92.
SB45, s. 2453
13Section
2453. 254.31 (12) of the statutes is amended to read:
SB45,1137,1614
254.31
(12) "X-ray tube" means any electron tube
which that is contained in
15a device and that is
specifically designed for the conversion of electrical energy into
16X-ray energy.
SB45, s. 2454
17Section
2454. 254.33 of the statutes is amended to read:
SB45,1138,4
18254.33 Public policy. Since radiations and their sources can be instrumental
19in the improvement of the health and welfare of the public if properly utilized, and
20may be destructive or detrimental to life or health if carelessly or excessively
21employed or may detrimentally affect the environment of the state if improperly
22utilized, it is hereby declared to be the public policy of this state to encourage the
23constructive uses of radiation and to prohibit and prevent exposure to radiation in
24amounts which are or may be detrimental to health. It is further the policy
for the
25department to advise, consult and cooperate with
the department of commerce and
1other agencies of the state, the federal government, other states and interstate
2agencies and with affected groups, political subdivisions and industries; and, in
3general, to conform as nearly as possible to nationally accepted standards in the
4promulgation and enforcement of rules.
SB45, s. 2455
5Section
2455. 254.335 of the statutes is created to read:
SB45,1138,11
6254.335 Agreements with the U.S. nuclear regulatory commission
7transition. (1) The governor may, on behalf of the state, enter into agreements with
8the U.S. nuclear regulatory commission, as provided in
42 USC 2021 (b), to
9discontinue certain federal licensing and related regulatory authority with respect
10to by-product material, source material and special nuclear material and to assume
11state regulatory authority.
SB45,1138,19
12(2) Any person who, on the effective date of an agreement specified under sub.
13(1), possesses a license issued by the U.S. nuclear regulatory commission that is
14subject to the agreement is considered to possess a specific license issued under s.
15254.365 (1) (a) or to fulfill requirements specified for a general license under s.
16254.365 (1) (b). The specific license expires 90 days after the date of receipt by the
17person from the department of a notice of expiration of the license or on the date of
18expiration that was specified in the license issued by the U.S. nuclear regulatory
19commission, whichever is earlier.
SB45, s. 2456
20Section
2456. 254.34 (1) (intro.) of the statutes is amended to read:
SB45,1138,2221
254.34
(1) (intro.) The department
and the department of commerce is the state
22radiation control agency and shall
do all of the following:
SB45, s. 2457
23Section
2457. 254.34 (1) (a) of the statutes is amended to read:
SB45,1139,724
254.34
(1) (a)
Formulate, adopt and enforce, amend and repeal Promulgate and
25enforce rules, including registration
and licensing of sources of ionizing radiation, as
1may be necessary to prohibit and prevent unnecessary radiation
. Such exposure.
2The rules may incorporate by reference the recommended standards of nationally
3recognized bodies in the field of radiation protection and other fields of atomic energy,
4under the procedure established by s. 227.21 (2).
The rules for by-product material,
5source material and special nuclear material may be no less stringent than the
6requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC
72011 to 2114. SB45, s. 2458
8Section
2458. 254.34 (1) (c) of the statutes is renumbered 254.34 (1) (c) (intro.)
9and amended to read:
SB45,1139,1510
254.34
(1) (c) (intro.) Develop comprehensive policies and programs for the
11evaluation
and, determination
and reduction of hazards associated with the use of
12radiation
, and for their amelioration. that are compatible with requirements of the
13U.S. nuclear regulatory commission for the regulation of by-product material,
14source material and special nuclear material. The department shall maintain all of
15the following records: