DAK/RPN/RLR/MDK:hmh:pg
2001 - 2002 LEGISLATURE
February 25, 2002 - Introduced by Representatives Underheim, Huber and
Miller, cosponsored by Senators Moen and Rosenzweig. Referred to
Committee on Public Health.
AB849,1,9 1An Act to renumber 95.22 and 252.06 (4); to amend 166.03 (1) (b) 1., 252.02
2(title), 252.05 (1), 252.06 (1) and 252.06 (10) (a); and to create 20.435 (1) (e),
395.22 (2), 157.055, 166.02 (1p), 166.02 (1r), 166.02 (1t), 166.02 (7), 166.02 (8),
4166.03 (1) (b) 8., 166.03 (2) (a) 6., 250.01 (6g), 250.01 (6r), 250.03 (3), 250.042,
5251.05 (3) (e), 252.02 (7), 252.041, 252.06 (4) (b), 252.06 (10) (b) 5., 252.06 (10)
6(b) 6., 440.142, 895.46 (5) (c) and 979.012 of the statutes; relating to:
7authorizing a declaration of and actions under a state of emergency related to
8public health, requiring the exercise of rule-making authority, making an
9appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the governor may proclaim a state of emergency for any
portion of the state or the whole state if the governor determines that an emergency
resulting from enemy action or a natural or man-made disaster exists. The state of
emergency may not exceed 60 days for an emergency resulting from enemy action or
30 days from disasters, unless extended by a joint resolution of the legislature. The
department of military affairs, through the division of emergency government, is the
lead state agency to respond to the emergency. This bill allows the governor to

proclaim a state of emergency related to public health and designate the department
of health and family services (DHFS) as the lead state agency if the governor
determines that a public health emergency exists. The bill defines a public health
emergency as the occurrence or threat of a health condition that is caused by
bioterrorism or a novel or previously controlled biological agent and that poses a high
probability of a large number of deaths or serious injury and a high probability of
widespread exposure to a biological, chemical, or radiological agent that creates a
significant risk of harm to a large number of people. Under the bill, during a state
of emergency related to public health, the governor may suspend any administrative
rule that would hinder necessary actions to respond to the emergency and increase
the health threat to the population.
Current law relating to the duties of funeral directors prohibits a public officer,
an employee or officer of a public institution, or a physician from sending the corpse
of a person to a funeral director without having first made inquiry as to the desires
of the next of kin or others who may be chargeable with the funeral expenses. No
person who is not licensed as a funeral director by the funeral directors examining
board may engage in the business of a funeral director. Further, no person may
cremate a corpse without first obtaining a cremation permit from the appropriate
county coroner or medical examiner. If a corpse is the subject of a coroner's or medical
examiner's investigation concerning cause of death, no person may embalm or
conduct an autopsy on the corpse without authorization from the appropriate
coroner or medical examiner.
Under current law, DHFS must carry out a statewide immunization program
to eliminate mumps, measles, German measles, diphtheria, whooping cough,
poliomyelitis and other diseases that DHFS specifies by rule and to protect against
tetanus. Any registered nurse, licensed practical nurse, nurse midwife, physician,
physician assistant, respirator care practitioner, physician therapist, podiatrist,
dietitian, athletic trainer, or occupational therapist who knows or has reason to know
that a person treated or visited by him or her has a communicable disease or, having
a communicable disease, has died, must report the appearance of the disease or the
death to the local health officer; the local health officer must report, or require the
person reporting, to report to DHFS. DHFS has broad authority to implement
emergency measures necessary to control communicable diseases, that are diseases
specified by DHFS by rule. DHFS or local health officers of local health departments
may require isolation of a patient, quarantine of contacts, disinfection, or modified
forms of these procedures. If a local health officer has a reasonable belief in the
existence of a communicable disease or receives a diagnostic report of a physician or
notification or a confirming report from a parent or caretaker, the local health officer
must immediately quarantine, isolate, and impose restrictions on persons or take
other communicable disease control measures. If DHFS or a local health officer
determines it necessary for a particular communicable disease, no persons except the
local health officer, his or her representative, the attending physicians and nurses,
members of the clergy, members of a patient's immediate family, and other persons
with a special permit from the local health officer may be in direct contact with the
patient. Expenses for necessary medical care, food, and other articles necessary for

the care of an infected person must be charged to the person or whoever is liable for
his or her support.
This bill requires DHFS to act as the public health authority during the period
of a state of emergency related to public health, if the governor declares the state of
emergency and designates the department as the lead state agency. During the state
of emergency, the secretary of DHFS may designate a local health department as an
agent of DHFS and confer upon the local health department, acting under that
agency, the powers and duties of the public health authority.
Under the bill, as the public health authority, DHFS must inform state
residents when a state of emergency related to public health has been declared or is
terminated, how to protect themselves, and what actions the public health authority
is taking to control a public health emergency. This information must be provided
by all available and reasonable means calculated to inform the general public. From
a sum sufficient appropriation of general purpose revenues created in the bill, DHFS
may purchase, store, or distribute antitoxins, serums, vaccines, immunizing agents,
antibiotics, and other pharmaceutical agents or medical supplies that DHFS
determines are advisable to control a public health emergency. DHFS also may order
any individual to receive a vaccination unless a vaccination is reasonably likely to
lead to serious harm to the individual, and may isolate or quarantine any individual
who is unable or unwilling for reasons of health, religion, or conscience to receive the
vaccination. Further, the bill creates provisions relating to visitation during
isolation or quarantine under a state of emergency related to public health to
establish a penalty for any person, other than a person authorized by the public
health authority or agent of the public health authority, who enters an isolation or
quarantine premises. In addition, a person, whether authorized or not, who enters
an isolation or quarantine premises may be subject to quarantine or isolation. A
county or municipality is made liable for the expense of providing a reasonable
means of communication for a person who is isolated or quarantined and for expenses
for necessary medical care, food, and other articles needed for the care and treatment
of an infected person who is quarantined or isolated in a place other than his or her
residence or a family member's residence, unless third-party payment is available
for these expenses. All health care providers who know or have reason to know that
a person treated or visited by them has a communicable disease, or, having a
communicable disease, has died, must report the communicable disease or death to
the local health officer.
The bill also permits a public health authority, during a period of a state of
emergency relating to public health, to do all of the following:
1. Issue and enforce orders that are reasonable and necessary to provide for the
safe disposal of human remains, including by embalming, burial, cremation,
interment, disinterment, transportation, and other disposal.
2. Take possession and control of any human remains.
3. Order the disposal, through burial or cremation, of any human remains of
an individual who has died of a communicable disease, within 24 hours after the
individual's death.

4. If reasonable and necessary for emergency response, compel a funeral
establishment, as a condition of its permit, to accept human remains or provide the
use of its business to the public health authority for the period of the state of
emergency.
5. Require the labeling of all human remains before disposal with all available
identifying information and information concerning the circumstances of death, and
require the tagging of the human remains of an individual with a communicable
disease.
6. Maintain or require maintenance of a written or electronic record of all
human remains that are disposed of and, if it is impossible to identify the human
remains, require that fingerprints, photographs, or identifying dental information
be obtained and a specimen of deoxyribonucleic acid be collected.
7. Authorize a county medical examiner or county coroner to appoint assistants
or deputies, if necessary to perform the duties of the medical examiner or the coroner.
The bill requires a pharmacist or pharmacy to report to DHFS all of the
following:
1. An unusual increase in the number of prescriptions dispensed or
nonprescription drug products sold for the treatment of medical conditions, as
specified by DHFS by rule.
2. An unusual increase in the number of antibiotic drug prescriptions
dispensed.
3. Prescriptions dispensed for treatment of a disease that is relatively
uncommon or may be associated with bioterrorism.
The bill also requires a coroner or medical examiner to report to DHFS any
illness or health condition of a deceased that is caused by bioterrorism or by a novel
or previously controlled or eradicated biological agent.
Lastly, beginning on July 1, 2002, after first consulting with the adjutant
general, local health departments, health care providers, and law enforcement
agencies, the bill requires DHFS to report biennially to the governor and to the
legislature on the preparedness of the public health system to address public health
emergencies. In addition, no later than 90 days after a state of emergency relating
to public health is declared and the lead state agency is designated to respond to that
emergency and no later than 90 days after the termination of this state of emergency,
the lead state agency, either DHFS or the department of military affairs, must
submit to the legislature and to the governor a report on the emergency powers used
and the expenses incurred by the department and its agents.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB849, s. 1 1Section 1. 20.435 (1) (e) of the statutes is created to read:
AB849,5,5
120.435 (1) (e) Public health emergency. A sum sufficient to defray all
2expenditures necessary to respond to a state of emergency related to public health
3only if the governor declares such an emergency and designates the department of
4health and family services as the lead state agency to respond to the emergency
5under s. 166.03 (1) (b) 1.
AB849, s. 2 6Section 2. 95.22 of the statutes is renumbered 95.22 (1).
AB849, s. 3 7Section 3. 95.22 (2) of the statutes is created to read:
AB849,5,98 95.22 (2) The department shall provide the reports of any communicable
9diseases under sub. (1) to the department of health and family services.
AB849, s. 4 10Section 4. 157.055 of the statutes is created to read:
AB849,5,12 11157.055 Disposal of human remains during state of emergency relating
12to public health.
(1) In this section:
AB849,5,1313 (a) "Funeral establishment" has the meaning given in s. 445.01 (6).
AB849,5,1414 (b) "Public health authority" has the meaning given in s. 250.01 (6g).
AB849,5,18 15(2) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4),
16979.02, and 979.10, during a period of a state of emergency related to public health
17declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do
18all of the following:
AB849,5,2119 (a) Issue and enforce orders that are reasonable and necessary to provide for
20the safe disposal of human remains, including by embalming, burial, cremation,
21interment, disinterment, transportation, and other disposal.
AB849,5,2222 (b) Take possession and control of any human remains.
AB849,6,223 (c) Order the disposal, through burial or cremation, of any human remains of
24an individual who has died of a communicable disease, within 24 hours after the
25individual's death and consider, to the extent feasible, the religious, cultural, or

1individual beliefs of the deceased individual or his or her family in disposing of the
2remains.
AB849,6,73 (d) If reasonable and necessary for emergency response, compel a funeral
4establishment, as a condition of its permit under s. 445.105 (1), to accept human
5remains or provide the use of its business or facility, including by transferring the
6management and supervision of the funeral establishment to the public health
7authority, for a period of time not to exceed the period of the state of emergency.
AB849,6,128 (e) Require the labeling of all human remains before disposal with all available
9identifying information and information concerning the circumstances of death and,
10in addition, require that the human remains of an individual with a communicable
11disease be clearly tagged to indicate that remains contain a communicable disease
12and, if known, the specific communicable disease.
AB849,6,1913 (f) Maintain or require the maintenance of a written or electronic record of all
14human remains that are disposed of, including all available identifying information
15and information concerning the circumstances of death and disposal. If it is
16impossible to identify human remains prior to disposal, the public health authority
17may require that a qualified person obtain any fingerprints, photographs, or
18identifying dental information, and collect a specimen of deoxyribonucleic acid from
19the human remains and transmit this information to the public health authority.
AB849,7,620 (g) Notwithstanding s. 59.34 (1) or 59.35 (1), authorize a county medical
21examiner or a county coroner to appoint emergency assistant medical examiners or
22emergency deputy coroners, whichever is applicable, if necessary to perform the
23duties of the office of medical examiner or coroner, and to prescribe the duties of the
24emergency assistant medical examiners or emergency deputy coroners. The term of
25any emergency appointment authorized under this paragraph may not exceed the

1period of the state of emergency. A county medical examiner or county coroner may
2terminate an emergency appointment before the end of the period of the state of
3emergency, if termination of the appointment will not impede the performance of the
4duties of his or her office. From the appropriation under s. 20.435 (1) (e), the
5department shall reimburse counties for the cost of any emergency medical
6examiners or emergency deputy coroners appointed under this paragraph.
AB849, s. 5 7Section 5. 166.02 (1p) of the statutes is created to read:
AB849,7,88 166.02 (1p) "Biological agent" means any of the following:
AB849,7,109 (a) A select agent that is a virus, bacterium, rickettsia, fungus, or toxin that is
10specified under 42 CFR 72, Appendix A.
AB849,7,1311 (b) A genetically modified microorganism or genetic element from an organism
12under par. (a) that is shown to produce or encode for a factor associated with a
13disease.
AB849,7,1514 (c) A genetically modified microorganism or genetic element that contains
15nucleic acid sequences coding for a toxin under par. (a) or its toxic subunit.
AB849, s. 6 16Section 6. 166.02 (1r) of the statutes is created to read:
AB849,7,2017 166.02 (1r) "Bioterrorism" means the intentional use of any biological,
18chemical, or radiological agent to cause death, disease, or biological malfunction in
19a human, animal, plant, or other living organism in order to influence the policy of
20a governmental unit or to intimidate or coerce the civilian population.
AB849, s. 7 21Section 7. 166.02 (1t) of the statutes is created to read:
AB849,7,2322 166.02 (1t) "Chemical agent" means a substance that has chemical properties
23that produce lethal or serious effects in plants or animals.
AB849, s. 8 24Section 8. 166.02 (7) of the statutes is created to read:
AB849,8,2
1166.02 (7) "Public health emergency" means the occurrence or imminent threat
2of an illness or health condition that meets all of the following criteria:
AB849,8,43 (a) Is believed to be caused by bioterrorism or a novel or previously controlled
4or eradicated biological agent.
AB849,8,55 (b) Poses a high probability of any of the following:
AB849,8,66 1. A large number of deaths or serious or long-term disabilities among humans.
AB849,8,97 2. A high probability of widespread exposure to a biological, chemical, or
8radiological agent that creates a significant risk of substantial future harm to a large
9number of people.
AB849, s. 9 10Section 9. 166.02 (8) of the statutes is created to read:
AB849,8,1211 166.02 (8) "Radiological agent" means radiation or radioactive material at a
12level that is dangerous to human health.
AB849, s. 10 13Section 10. 166.03 (1) (b) 1. of the statutes is amended to read:
AB849,8,2514 166.03 (1) (b) 1. Proclaim a state of emergency for the state or any portion
15thereof of the state if he or she determines that an emergency resulting from enemy
16action or natural or man-made disaster exists. If the governor determines that a
17public health emergency exists, he or she may declare a state of emergency related
18to public health and may designate the department of health and family services as
19the lead state agency to respond to that emergency.
The duration of such state of
20emergency shall not exceed 60 days as to emergencies resulting from enemy action
21or 30 days as to emergencies resulting from natural or man-made disaster, unless
22either is extended by joint resolution of the legislature. A copy of the proclamation
23shall be filed with the secretary of state. The proclamation may be revoked at the
24discretion of either the governor by written order or the legislature by joint
25resolution.
AB849, s. 11
1Section 11. 166.03 (1) (b) 8. of the statutes is created to read:
AB849,9,52 166.03 (1) (b) 8. During a state of emergency related to public health, suspend
3the provisions of any administrative rule if the strict compliance with that rule would
4prevent, hinder, or delay necessary actions to respond to the emergency and increase
5the health threat to the population.
AB849, s. 12 6Section 12. 166.03 (2) (a) 6. of the statutes is created to read:
AB849,9,117 166.03 (2) (a) 6. No later than 90 days after a state of emergency relating to
8public health is declared and the department is designated under s. 166.03 (1) (b) 1.
9as the lead state agency to respond to that emergency and no later than 90 days after
10the termination of this state of emergency relating to public health, submit to the
11legislature under s. 13.172 (2) and to the governor a report on all of the following:
AB849,9,1312 a. The emergency powers used by the department of military affairs or its
13agents.
AB849,9,1514 b. The expenses incurred by the department of military affairs and its agents
15in acting under the state of emergency related to public health.
AB849, s. 13 16Section 13. 250.01 (6g) of the statutes is created to read:
AB849,9,1917 250.01 (6g) "Public health authority" means the department, if the governor
18declares under s. 166.03 (1) (b) 1. a state of emergency related to public health and
19designates the department as the lead state agency to respond to that emergency.
AB849, s. 14 20Section 14. 250.01 (6r) of the statutes is created to read:
AB849,9,2121 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7).
AB849, s. 15 22Section 15. 250.03 (3) of the statutes is created to read:
AB849,9,2523 250.03 (3) (a) No later than 90 days after a state of emergency relating to public
24health is declared and the department is designated under s. 166.03 (1) (b) 1. as the
25lead state agency to respond to that emergency and no later than 90 days after the

1termination of this state of emergency relating to public health, the department shall
2submit to the legislature under s. 13.172 (2) and to the governor a report on all of the
3following:
AB849,10,44 1. The emergency powers used by the public health authority or its agents.
AB849,10,65 2. The expenses incurred by the public health authority and its agents in acting
6under the state of emergency related to public health.
AB849,10,127 (b) Biennially, beginning on July 1, 2002, after first consulting with the
8adjutant general, local health departments, health care providers, as defined in s.
9146.81 (1), and law enforcement agencies, as defined in s. 165.77 (1) (b), the
10department shall submit to the legislature under s. 13.172 (2) and to the governor
11a report on the preparedness of the public health system to address public health
12emergencies.
AB849, s. 16 13Section 16. 250.042 of the statutes is created to read:
AB849,10,21 14250.042 Powers and duties of the department as public health
15authority.
(1) If the governor declares a state of emergency related to public health
16under s. 166.03 (1) (b) 1. and designates the department as the lead state agency, the
17department shall act as the public health authority during the period of the state of
18emergency. During the period of the state of emergency, the secretary may designate
19a local health department as an agent of the department and confer upon the local
20health department, acting under that agency, the powers and duties of the public
21health authority.
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