SB45: Bill Text

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:

SB45,1131,10 1. A hospital or pediatric specialty clinic in which the birth defect is diagnosed in an infant or child or treatment for the birth defect is provided to the infant or child.

SB45,1131,12 2. A physician who diagnoses the birth defect or provides treatment to the infant or child for the birth defect.

SB45,1131,14 3. A clinical laboratory that identifies a birth defect in the infant or child as the result of laboratory analysis.

SB45,1131,18 (b) No person specified under par. (a) 1. to 3. need report under par. (a) if that person knows that another person specified under par. (a) 1. to 3. has already reported to the department the required information with respect to the same birth defect of the same infant or child.

SB45,1131,23 (c) Upon request of the department, a physician, hospital or pediatric specialty clinic shall provide to the department information contained in the medical records of patients who have a confirmed or suspected birth defect diagnosis. The physician, hospital or pediatric specialty clinic shall provide that information within 10 working days after the department requests it.

SB45,1131,25 (3) Department duties and powers. (a) The department shall do all of the following:

SB45,1132,4 1. Establish and maintain an up-to-date registry that documents the diagnosis in this state of any infant or child who has a birth defect, regardless of the residence of the infant or child. The department shall include in the registry information that will facilitate all of the following:

SB45,1132,5 a. Identification of risk factors for birth defects.

SB45,1132,7 b. Investigation of the incidence, prevalence and trends of birth defects using epidemiological surveys.

SB45,1132,9 c. Development of preventive strategies to decrease the occurrence of birth defects.

SB45,1132,11 2. Specify by rule the birth defects the existence of which requires a report under sub. (2) to be submitted to the department.

SB45,1132,13 3. Specify by rule the content, format and procedures for submitting a report under sub. (2).

SB45,1132,16 (b) The department may monitor the data contained in the reports submitted under sub. (2) to ensure the quality of that data and to make improvements in reporting methods.

SB45,1132,22 (4) Council on birth defect prevention and surveillance. The council on birth defect prevention and surveillance, created under s. 15.197 (12), shall make recommendations to the department regarding the establishment of a registry that documents the diagnosis and treatment in the state of an infant or child who has a birth defect, as required under sub. (3) (a) 1. and regarding the rules that the department is required to promulgate under sub. (3) (a) 2. and 3.

SB45,1133,2 (5) Confidentiality. (a) Any information contained in a report made to the department under sub. (2) that may specifically identify the subject of the report is confidential. The department may not release that confidential information except to the following, under the following conditions:

SB45,1133,4 1. The parent or guardian of an infant or child for whom a report is made under sub. (2).

SB45,1133,11 2. A local health officer, upon receipt of a written request and informed written consent from the parent or guardian of the infant or child. The local health officer may disclose information received under this subdivision only to the extent necessary to render and coordinate follow-up care for the infant or child or to conduct a health, demographic or epidemiological investigation. The local health officer shall destroy all information received under this subdivision within one year after receiving it.

SB45,1133,14 3. A physician, hospital or pediatric specialty clinic reporting under sub. (2), for the purpose of verification of information reported by the physician, hospital or pediatric specialty clinic.

SB45,1133,24 4. A representative of a federal or state agency upon written request and to the extent that the information is necessary to perform a legally authorized function of that agency, including investigation of causes, mortality, methods of prevention, treatment or care of birth defects, associated diseases or disabilities. The information may not include the name or address of an infant or child with a condition reported under sub. (2). The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The representative of the federal or state agency may disclose information received under this paragraph only as necessary to perform the legally authorized function of that agency for which the information was requested.

SB45,1134,2 (b) The department may also release confidential information to a person proposing to conduct research if all of the following conditions are met:

SB45,1134,7 1. The person proposing to conduct the research applies in writing to the department for approval to perform the research and the department approves the application. The application for approval shall include a written protocol for the proposed research, the person's professional qualifications to perform the proposed research and any other information requested by the department.

SB45,1134,9 2. The research is for the purpose of studying birth defects surveillance and prevention.

SB45,1134,20 3. If the research will involve direct contact with a subject of a report made under sub. (2) or with any member of the subject's family, the department determines that the contact is necessary for meeting the research objectives and that the research is in response to a public health need or is for the purpose of or in connection with birth defects surveillance or investigations sponsored and conducted by public health officials. The department must also determine that the research has been approved by a certified institutional review board or a committee for the protection of human subjects in accordance with the regulations for research involving human subjects required by the federal department of health and human services for projects supported by that agency. Contact may only be made in a manner and method approved by the department.

SB45,1134,22 4. The person agrees in writing that the information provided will be used only for the research approved by the department.

SB45,1134,24 5. The person agrees in writing that the information provided will not be released to any person except other persons involved in the research.

SB45,1135,3 6. The person agrees in writing that the final product of the research will not reveal information that may specifically identify the subject of a report made under sub. (2).

SB45,1135,5 7. The person agrees in writing to any other conditions imposed by the department.

SB45, s. 2441 Section 2441. 254.31 (1) (b) of the statutes is created to read:

SB45,1135,9 254.31 (1) (b) The tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

SB45, s. 2442 Section 2442. 254.31 (2) of the statutes is created to read:

SB45,1135,14 254.31 (2) "Decommissioning" means conducting final operational activities at a nuclear facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material and to carry out any other activities necessary to prepare the site for postoperational care.

SB45, s. 2443 Section 2443. 254.31 (2m) of the statutes is created to read:

SB45,1135,19 254.31 (2m) "General license" means a license, under requirements prescribed by the department by rule, to possess, use, transfer or acquire by-product material or devices or equipment utilizing by-product material without the filing of a license application by a person or issuance of licensing confirmation by the department.

SB45, s. 2444 Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and amended to read:

SB45,1135,23 254.31 (1) (intro.) "By-product material" means any radioactive of the following:

SB45,1136,3 (a) Radioactive material ( ,except special nuclear material), yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

SB45, s. 2445 Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:

SB45,1136,6 254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions directly or indirectly in their passage through matter, including all of the following:

SB45,1136,7 (a) Electromagnetic radiations, including X-rays and gamma rays.

SB45,1136,9 (b) Particulate radiations, including electrons, beta particles, protons, neutrons, alpha particles and other nuclear particles.

SB45, s. 2446 Section 2446. 254.31 (5) of the statutes is created to read:

SB45,1136,15 254.31 (5) "Radiation generating equipment" means a system, manufactured product or device or component part of such a product or device that, during operation, is capable of generating or emitting ionizing radiation without the use of radioactive material. "Radiation generating equipment" does not include a device that emits nonionizing radiation.

SB45, s. 2447 Section 2447. 254.31 (6) of the statutes is amended to read:

SB45,1136,19 254.31 (6) "Radiation installation" is any location or facility where radiation machines are generating equipment is used or where radioactive material is produced, transported, stored, disposed of or used for any purpose.

SB45, s. 2448 Section 2448. 254.31 (7) of the statutes is repealed.

SB45, s. 2449 Section 2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and amended to read:

SB45,1137,2 254.31 (9m) "Radioactive material" includes any solid, liquid or gaseous substance which emits ionizing radiation spontaneously, including accelerator-produced material, by-product material, naturally occurring material, source material and special nuclear material.

SB45, s. 2450 Section 2450. 254.31 (9) of the statutes is amended to read:

SB45,1137,5 254.31 (9) "Radiation source" means a radiation machine generating equipment or radioactive material as defined herein.

SB45, s. 2451 Section 2451. 254.31 (11g) of the statutes is created to read:

SB45,1137,9 254.31 (11g) "Specific license" means a license, under requirements prescribed by the department by rule, to possess, use, manufacture, produce, transfer or acquire radioactive material or devices or equipment utilizing radioactive material.

SB45, s. 2452 Section 2452. 254.31 (11m) of the statutes is created to read:

SB45,1137,12 254.31 (11m) "Transuranic" means a radioactive material having an atomic number that is greater than 92.

SB45, s. 2453 Section 2453. 254.31 (12) of the statutes is amended to read:

SB45,1137,16 254.31 (12) "X-ray tube" means any electron tube which that is contained in a device and that is specifically designed for the conversion of electrical energy into X-ray energy.

SB45, s. 2454 Section 2454. 254.33 of the statutes is amended to read:

SB45,1138,4 254.33 Public policy. Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy for the department to advise, consult and cooperate with the department of commerce and other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.

SB45, s. 2455 Section 2455. 254.335 of the statutes is created to read:

SB45,1138,11 254.335 Agreements with the U.S. nuclear regulatory commission transition. (1) The governor may, on behalf of the state, enter into agreements with the U.S. nuclear regulatory commission, as provided in 42 USC 2021 (b), to discontinue certain federal licensing and related regulatory authority with respect to by-product material, source material and special nuclear material and to assume state regulatory authority.

SB45,1138,19 (2) Any person who, on the effective date of an agreement specified under sub. (1), possesses a license issued by the U.S. nuclear regulatory commission that is subject to the agreement is considered to possess a specific license issued under s. 254.365 (1) (a) or to fulfill requirements specified for a general license under s. 254.365 (1) (b). The specific license expires 90 days after the date of receipt by the person from the department of a notice of expiration of the license or on the date of expiration that was specified in the license issued by the U.S. nuclear regulatory commission, whichever is earlier.

SB45, s. 2456 Section 2456. 254.34 (1) (intro.) of the statutes is amended to read:

SB45,1138,22 254.34 (1) (intro.) The department and the department of commerce is the state radiation control agency and shall do all of the following:

SB45, s. 2457 Section 2457. 254.34 (1) (a) of the statutes is amended to read:

SB45,1139,7 254.34 (1) (a) Formulate, adopt and enforce, amend and repeal Promulgate and enforce rules, including registration and licensing of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary radiation . Such exposure. The rules may incorporate by reference the recommended standards of nationally recognized bodies in the field of radiation protection and other fields of atomic energy, under the procedure established by s. 227.21 (2). The rules for by-product material, source material and special nuclear material may be no less stringent than the requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC 2011 to 2114.

SB45, s. 2458 Section 2458. 254.34 (1) (c) of the statutes is renumbered 254.34 (1) (c) (intro.) and amended to read:

SB45,1139,15 254.34 (1) (c) (intro.) Develop comprehensive policies and programs for the evaluation and, determination and reduction of hazards associated with the use of radiation, and for their amelioration. that are compatible with requirements of the U.S. nuclear regulatory commission for the regulation of by-product material, source material and special nuclear material. The department shall maintain all of the following records:

SB45, s. 2459 Section 2459. 254.34 (1) (c) 1. of the statutes is created to read:

SB45,1139,18 254.34 (1) (c) 1. Files of all license applications, issuances, denials, transfers, renewals, modifications, suspensions and revocations under s. 254.365.

SB45, s. 2460 Section 2460. 254.34 (1) (c) 2. of the statutes is created to read: