2005 WISCONSIN ACT 198
An Act to repeal 251.20 (2); to renumber 440.142 (title); to renumber and amend 440.142 (1), 440.142 (2) (a) and 440.142 (2) (b); to amend 66.0303 (2), 95.22 (4), 250.07 (1) (a), 251.05 (2) (b), 251.05 (2) (c), 251.20 (3), 252.02 (7), 252.05 (1), 252.05 (2), 252.05 (3), 252.05 (4), 979.012 (1), 979.012 (2) (a) and 979.012 (2) (d); and to create 250.03 (1) (k), 250.03 (1) (L) and 250.04 (12m) of the statutes; relating to: public health planning, services, and functions; reporting of communicable diseases; public health agreements; required vaccinations, isolation, or quarantine; contracts between municipalities and federally recognized American Indian tribes or bands; and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
198,1
Section
1. 66.0303 (2) of the statutes is amended to read:
66.0303 (2) A municipality may contract with municipalities of another state or with federally recognized American Indian tribes or bands located in another state for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by statute to the extent that laws of the other state or of the United States permit the joint exercise.
198,2
Section
2. 95.22 (4) of the statutes is amended to read:
95.22 (4) The department shall provide the reports of any communicable diseases under sub. (1) to the department of health and family services and to the local health officer, as defined in s. 250.01 (5), for the area in which the animal is located.
198,3
Section
3. 250.03 (1) (k) of the statutes is created to read:
250.03 (1) (k) Promote cooperation and formal collaborative agreements among any of the following with regard to public health planning, priority setting, information and data sharing, reporting, resource allocation, funding, service delivery, and jurisdiction:
1. The state.
2. Local health departments.
3. Federally recognized American Indian tribes or bands located in this state.
4. The federal Indian health service.
198,4
Section
4. 250.03 (1) (L) of the statutes is created to read:
250.03 (1) (L) Perform or facilitate the performance of all of the following services and functions:
1. Monitor the health status of populations to identify and solve community health problems.
2. Investigate and diagnose community health problems and health hazards.
3. Inform and educate individuals about health issues.
4. Mobilize public and private sector collaboration and action to identify and solve health problems.
5. Develop policies, plans, and programs that support individual and community health efforts.
6. Enforce statutes and rules that protect health and ensure safety.
7. Link individuals to needed personal health services.
8. Assure a competent public health workforce.
9. Evaluate effectiveness, accessibility, and quality of personal and population-based health services.
10. Provide research to develop insights into and innovative solutions for health problems.
198,5
Section
5. 250.04 (12m) of the statutes is created to read:
250.04 (12m) In public health planning, the department shall collaborate with local health departments on an ongoing basis and shall consult with private sector entities, as defined in s. 229.41 (9), and with public sector entities, as defined in s. 229.41 (10).
198,6
Section
6. 250.07 (1) (a) of the statutes is amended to read:
250.07 (1) (a) At least once every 10 years By January 1, 2010, and at least every 10 years thereafter, develop a successor document to healthier people in Wisconsin, a public health agenda for the year 2000 published by the department in February 1990.
198,7
Section
7. 251.05 (2) (b) of the statutes is amended to read:
251.05 (2) (b) A Level II local health department shall provide at least the services under par. (a) and additional services specified by the department by rule under s. 251.20 (2) (3).
198,8
Section
8. 251.05 (2) (c) of the statutes is amended to read:
251.05 (2) (c) A Level III local health department shall provide at least the services under par. (a) and additional services specified by the department by rule under s. 251.20 (2) and (3).
198,9
Section
9. 251.20 (2) of the statutes is repealed.
198,10
Section
10. 251.20 (3) of the statutes is amended to read:
251.20 (3) Additional required services for Level II and Level III local health departments under s. 251.05 (2) (b) and (c), including services that DHFS determines appropriately address at least 3 of the objectives
from each section of healthier people in Wisconsin: a
or services specified in the most recent public health agenda for the year 2,000, published by the department in February 1990. The initial rules concerning these services shall correspond to the objectives set forth in each section of that document under s. 250.07 (1) (a).
198,11
Section
11. 252.02 (7) of the statutes is amended to read:
252.02 (7) The department shall promulgate rules that specify medical conditions treatable by prescriptions or nonprescription drug products for which pharmacists and pharmacies must report under s. 440.142 450.145 (1).
198,14
Section
14. 252.05 (1) of the statutes is amended to read:
252.05 (1) Any health care provider, as defined in s. 146.81 (1), who knows or has reason to believe that a person treated or visited by him or her has a communicable disease, or having a communicable disease, has died, shall report the appearance of the communicable disease or the death to the local health officer. The health agency of a federally recognized American Indian tribe or band may report this information to the local health officer. The local health officer shall report this information to the department or shall direct the person reporting to report to the department. Any person directed to report shall submit this information to the department.
198,15
Section
15. 252.05 (2) of the statutes is amended to read:
252.05 (2) Each laboratory shall report as prescribed by the department those specimen results that indicate that an individual providing the specimen has a communicable disease, or having a communicable disease, has died, or that the department finds necessary for the surveillance, control, diagnosis, and prevention of communicable diseases.
198,16
Section
16. 252.05 (3) of the statutes is amended to read:
252.05 (3) Anyone having knowledge or reason to believe that any person has a communicable disease shall report the facts to the local health officer or to the department.
198,17
Section
17. 252.05 (4) of the statutes is amended to read:
252.05 (4) Reports under subs. (1) and (2) shall state so far as known the name, sex, age, and residence of the person, the communicable disease and other facts the department or local health officer requires. Report forms, including forms appropriate for reporting under s. 95.22 (1m), may be furnished by the department and distributed by the local health officer.
198,18
Section
18. 440.142 (title) of the statutes is renumbered 450.145 (title).
198,19
Section
19. 440.142 (1) of the statutes is renumbered 450.145 (1) and amended to read:
450.145 (1) A Within 24 hours after an occurrence of any of the following, a pharmacist or pharmacy shall report the occurrence electronically, by fax machine, by telephone, or in writing to a local health department, as defined in s. 250.01 (4), or the department of health and family services all of the following:
(a) An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold by the pharmacist or pharmacy for the treatment of medical conditions specified by the department of health and family services by rule under s. 252.02 (7).
(b) An unusual increase in the number of prescriptions dispensed by the pharmacist or pharmacy that are antibiotic drugs.
(c) The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 166.02 (1r).
198,20
Section
20. 440.142 (2) (a) of the statutes is renumbered 440.142 (2) and amended to read:
440.142 (2) Except as provided in par. (b) s. 450.145 (2), a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
198,21
Section
21. 440.142 (2) (b) of the statutes is renumbered 450.145 (2) and amended to read:
450.145 (2) Upon request by the department of health and family services In submitting a report under sub. (1), a pharmacist or pharmacy shall report to that department include personally identifying information other than a social security number concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
198,22
Section
22. 979.012 (1) of the statutes is amended to read:
