Ch. 255 Cross-reference
Cross-reference: See definitions in s.
250.01.
DEFINITIONS
255.01
255.01
Definitions. In this chapter:
255.01(1)
(1) "Chronic disease" means any disease, illness, impairment or other physical condition that requires health care and treatment over a prolonged period and, although amenable to treatment, is irreversible and frequently progresses to increasing disability or death.
255.01(2)
(2) "Injury" means damage to the human body that is the result of some acute exposure to harm. "Injury" includes all of the following:
255.01(2)(a)
(a) Unintentional injuries including physical damage resulting from transportation-related crashes, fires, burns, submersion, suffocation, falls, natural and environmental factors and occupational hazards and exposures.
255.01(2)(b)
(b) Intentional injuries, including physical damage resulting from deliberate assault by one person on another or self-inflicted acts.
255.01(3)
(3) "Risk assessment" means the measurement and evaluation of specific lifestyle and environmental conditions to determine the presence of, and the extent of the threat resulting from, these factors that may increase the risk of developing chronic disease.
255.01 History
History: 1993 a. 27.
CHRONIC DISEASE PREVENTION, ASSESSMENT AND CONTROL
255.02
255.02
Duties of the state epidemiologist for chronic disease. The state epidemiologist for chronic disease shall do all of the following:
255.02(1)
(1) Develop and maintain a system for detecting and monitoring chronic diseases within this state.
255.02(2)
(2) Investigate and determine the epidemiology of those conditions that contribute to preventable or premature illness, disability and death.
255.02 History
History: 1993 a. 27.
255.03
255.03
Duties of the department. The department shall:
255.03(1)
(1) Conduct programs to prevent, delay and detect the onset of chronic diseases, including cancer, diabetes, cardiovascular and pulmonary disease, cerebrovascular disease and genetic disease, and other chronic diseases that the department determines are important to prevent, delay and detect in order to promote, protect and maintain the public's health.
255.03(2)
(2) Establish programs of community and professional education relevant to the detection, prevention and control of chronic diseases.
255.03(3)
(3) Assist local health departments in performing activities related to chronic disease, including risk assessment, monitoring, surveillance and education.
255.03 History
History: 1993 a. 27.
255.04
255.04
Cancer reporting. 255.04(1)(1) Any hospital, as defined under
s. 50.33 (2), any physician and any laboratory certified under
42 USC 263a shall report information concerning any person diagnosed as having cancer or a precancerous condition to the department as prescribed by the department under
sub. (2).
255.04(2)
(2) The department shall prescribe:
255.04(2)(a)
(a) The form on which the report under
sub. (1) shall be submitted.
255.04(2)(b)
(b) The time schedule under which the report under
sub. (1) shall be submitted.
255.04(2)(c)
(c) The types of cancer and precancerous conditions to be reported under
sub. (1).
255.04(3)
(3) Any information reported to the department under
sub. (1) or
(5) which could identify any individual who is the subject of the report or a physician submitting the report shall be confidential and may not be disclosed by the department except to the following:
255.04(3)(a)
(a) A central tumor registry in another state if the individual who is the subject of the information resides in the other state.
255.04(3)(b)
(b) A national tumor registry recognized by the department.
255.04(4)
(4) The report of information under
sub. (1) or
(5) may not be construed as a violation of any person's responsibility for maintaining the confidentiality of patient health care records, as defined under
s. 146.81 (4).
255.04(5)
(5) The department may, to the extent feasible, collect information related to the occupation of cancer patients in order to fulfill the purpose of
s. 250.04 (3) (b) 4.
255.04 History
History: 1985 a. 29;
1989 a. 173 ss.
2,
13;
1993 a. 16;
1993 a. 27 s.
48; Stats. 1993 s. 255.04;
1993 a. 183;
1997 a. 114.
255.05
255.05
Cancer control and prevention grants. 255.05(1)(a)
(a) "Institution" means any hospital, nursing home, county home, county mental hospital, community-based residential facility or other place licensed or approved by the department under
s. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08 or
51.09.
255.05(1)(b)
(b) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).(b) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
255.05(1)(c)
(c) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals.
255.05(1)(d)
(d) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
255.05(2)
(2) From the appropriation under
s. 20.435 (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.
255.05(3)
(3) The department shall promulgate rules establishing the criteria and procedures for the awarding of grants for projects under
sub. (2).
255.05 Cross-reference
Cross Reference: See also ch.
HFS 147, Wis. adm. code.
255.06
255.06
Well-woman program. 255.06(1)(b)
(b) "Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.
255.06(1)(d)
(d) "Nurse practitioner" means a registered nurse licensed under
ch. 441 or in a party state, as defined in
s. 441.50 (2) (j), whose practice of professional nursing under
s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
255.06(1)(e)
(e) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
255.06(2)
(2) Well-woman program. From the appropriation under
s. 20.435 (5) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under
s. 20.435 (5) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
255.06(2)(a)
(a)
Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. Recipients of services under this paragraph are subject to a copayment, payable to the service provider, for which the department shall reduce reimbursement to the service provider, as follows:
255.06(2)(a)1.
1. For a woman for whom 3rd-party coverage for services is obtainable, payment by the source of the 3rd-party coverage at full reasonable charge.
255.06(2)(a)2.
2. For a woman for whom 3rd-party coverage for services is not obtainable and whose income is above 150% of the poverty line, a copayment for the provided service that is based on a sliding scale, as developed by the department, according to the woman's income.
255.06(2)(a)3.
3. For a woman for whom 3rd-party coverage is not obtainable and whose income is at or below 150% of the poverty line, no copayment.
255.06(2)(b)
(b)
Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under
pars. (a) and
(c) and to promote health care screening services for women that are available under
par. (e).
255.06(2)(c)
(c)
Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06(2)(d)
(d)
Specialized training to for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.
255.06(2)(e)
(e)
Health care screening, referral, follow-up, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, and patient education to low-income, underinsured, and uninsured women.
255.06(2)(f)
(f)
Women's health campaign. Conduct a women's health campaign to do all of the following:
255.06(2)(f)1.
1. Increase women's awareness of issues that affect their health.
255.06(2)(f)2.
2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
255.06(2)(g)
(g)
Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.
255.06(2)(h)
(h)
Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.
255.06(3)
(3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under
s. 146.185, to ensure that disparities in the health of women who are minority group members are adequately addressed.
255.06 History
History: 1991 a. 39 s.
3709,
3710,
3711; Stats. 1991 s. 146.0275;
1991 a. 269;
1993 a. 16;
1993 a. 27 s.
345; Stats. 1993 s. 255.06;
1995 a. 27;
1997 a. 27,
79;
2001 a. 16,
107,
109.
255.08
255.08
Tanning facilities. 255.08(1)(a)
(a) "Phototherapy device" means equipment that emits ultraviolet radiation and is used in treating disease.
255.08(1)(b)
(b) "Tanning device" means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails, except that "tanning device" does not include a phototherapy device used by a physician.
255.08(1)(c)
(c) "Tanning facility" means a place or business that provides persons access to a tanning device.
255.08(2)(a)(a) No person may operate a tanning facility without a permit that the department may, except as provided in
ss. 250.041 and
254.115, issue under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.
255.08(2)(b)
(b) Permits issued under this subsection shall expire annually on June 30. Except as provided in
ss. 250.041 and
254.115, a permit applicant shall submit an application for a permit to the department on a form provided by the department with a permit fee established by the department by rule. The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.
255.08(3)
(3) Advertising. No tanning facility may state in any advertising that the tanning facility holds a license or permit issued by the department to operate a tanning facility.
255.08(4)
(4) Notice. Each tanning facility shall give to each of its customers written notice of all of the following:
255.08(4)(a)
(a) Failure to wear the eye protection provided by the tanning facility may damage the customer's eyes and cause cataracts.
255.08(4)(b)
(b) Overexposure to a tanning device causes burns.
255.08(4)(c)
(c) Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer.
255.08(4)(d)
(d) Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by the following:
255.08(4)(d)3.
3. Certain medications, including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.
255.08(4)(e)
(e) Any person who takes a drug should consult a physician before using a tanning device.
255.08(5)
(5) Warning sign. Each tanning facility shall prominently display a warning sign in each area where a tanning device is used. That sign shall convey the following directions and information:
255.08(5)(b)
(b) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning device can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.
255.08(5)(d)
(d) Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the 24 hours immediately preceding or immediately following the use of a tanning device.
