AB1098: Bill Text

AB1098,5,18 253.12 (1) (e) "Research" means a systematic study through scientific inquiry for the purpose of expanding a field of knowledge, including environmental or epidemiological research or special studies.

AB1098, s. 11 Section 11. 253.12 (1) (f) of the statutes is created to read:

AB1098,5,21 253.12 (1) (f) "Stillbirth" means a birth for which a fetal death report is required under s. 69.18 (1) (e) 1.

AB1098, s. 12 Section 12. 253.12 (1) (g) of the statutes is created to read:

AB1098,5,24 253.12 (1) (g) "Stillborn human" means a human whose birth resulted in stillbirth.

AB1098, s. 13 Section 13. 253.12 (2) (a) (intro.) of the statutes is amended to read:

AB1098,6,3 253.12 (2) (a) (intro.) 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 a stillborn human or an infant or child:

AB1098, s. 14 Section 14. 253.12 (2) (a) 3. of the statutes is created to read:

AB1098,6,7 253.12 (2) (a) 3. The division of the department that deals with vital statistics, with respect to the information received under s. 69.20 (3) (b) 3. or available under s. 69.20 (3) (d).

AB1098, s. 15 Section 15. 253.12 (2) (a) 4. of the statutes is created to read:

AB1098,6,10 253.12 (2) (a) 4. The entity under contract under s. 153.05 (2m) (a), with respect to public use data files under s. 153.46 (1) (b).

AB1098, s. 16 Section 16. 253.12 (2) (am) of the statutes is amended to read:

AB1098,6,14 253.12 (2) (am) Any hospital in which a birth defect is diagnosed in a stillborn human or an infant or child or treatment is provided to the infant or child may report the birth defect in the manner prescribed by the department under sub. (3) (a) 3.

AB1098, s. 17 Section 17. 253.12 (2) (b) of the statutes is amended to read:

AB1098,6,19 253.12 (2) (b) No person specified under par. (a) need report under par. (a) if that person knows that another person specified under par. (a) or (am) has already reported to the department the required information with respect to the same birth defect of the same stillborn human or infant or child.

AB1098, s. 18 Section 18. 253.12 (2) (d) of the statutes is repealed and recreated to read:

AB1098,7,2 253.12 (2) (d) If the parent or guardian of a stillborn human or an infant or child for whom a report is made under par. (a) decides, after having been informed by a physician or a physician's designee of the intent of the system under this section, not to consent to the release of identifying information concerning the stillborn human or infant or child and signs the form specified in sub. (5) (c), the department may not require a person specified under par. (a) 1., 2., or 3. to report information identifying the stillborn human or infant or child.

AB1098, s. 19 Section 19. 253.12 (2) (e) of the statutes is amended to read:

AB1098,7,6 253.12 (2) (e) If the address of an infant or child or the place of delivery of a stillborn human for whom a report is made under par. (a) is included in the report, the department shall encode the address to refer to the same geographical location.

AB1098, s. 20 Section 20. 253.12 (3) (a) 1. (intro.) of the statutes is amended to read:

AB1098,7,12 253.12 (3) (a) 1. (intro.) Establish and maintain an up-to-date registry that documents the diagnosis in this state of any stillborn human or infant or child who has a birth defect, regardless of the residence of the infant or child or place of delivery of the stillborn human. The department shall include in the registry information that will facilitate all of the following:

AB1098, s. 21 Section 21. 253.12 (3) (a) 1. c. of the statutes is amended to read:

AB1098,7,16 253.12 (3) (a) 1. c. Development of primary preventive strategies to decrease the occurrence of birth defects without increasing abortions. The department may contract with an entity to perform the development required under this subd. 1. c.

AB1098, s. 22 Section 22. 253.12 (3) (c) of the statutes is amended to read:

AB1098,7,20 253.12 (3) (c) The department shall, not more than 10 years from the date of receipt of a report under sub. (2), delete from any file of the department the name of a stillborn human or an infant or child that is contained in the report.

AB1098, s. 23 Section 23. 253.12 (4) (a) of the statutes is amended to read:

AB1098,8,5 253.12 (4) (a) Make recommendations to the department regarding the establishment of a registry that documents the diagnosis in the state of a stillborn human or 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. on the birth defects to be reported under sub. (2) and on the general content and format of the report under sub. (2) and procedures for submitting the report. The council shall also make recommendations regarding the content of a report that, because of the application of sub. (2) (d), does not contain the name of the subject of the report.

AB1098, s. 24 Section 24. 253.12 (5) (a) 1. of the statutes is amended to read:

AB1098,8,8 253.12 (5) (a) 1. The parent or guardian of a stillborn human or an infant or child for whom a report is made under sub. (2).

AB1098, s. 25 Section 25. 253.12 (5) (a) 2. of the statutes is amended to read:

AB1098,8,18 253.12 (5) (a) 2. A local health officer, a local birth-to-3 coordinator or an agency under contract with the department to administer the children with special health care needs program, upon receipt of a written request and informed written consent from the parent or guardian of the infant or child under the requirements of subs. (2) (d) and (5m). The local health officer may disclose information received under this subdivision only to the extent necessary to render and coordinate services and 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.

AB1098, s. 26 Section 26. 253.12 (5) (a) 4. of the statutes is amended to read:

AB1098,9,6 253.12 (5) (a) 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 and early intervention, treatment or care of birth defects, associated diseases or disabilities. The information may not include the name or address of an infant or child or the place of delivery of a stillborn human with a condition reported under sub. (2). The department shall notify the parent or guardian of a stillborn human or 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.

AB1098, s. 27 Section 27. 253.12 (5) (c) of the statutes is created to read:

AB1098,9,11 253.12 (5) (c) By January 1, 2007, the department shall prescribe and distribute to pediatric speciality clinics and local health departments copies of a form to be used by the parent or guardian of a stillborn human or an infant or child for whom a report is made under sub. (2) (a) in indicating any of the following:

AB1098,9,13 1. Refusal under sub. (2) (d) by the parent or guardian to consent to the release of identifying information concerning the stillborn human or infant or child.

AB1098,9,16 2. The decision under sub. (5m) by the parent or guardian to remove from the system any identifying information entered for the stillborn human or infant or child.

AB1098, s. 28 Section 28. 253.12 (5m) of the statutes is created to read:

AB1098,9,25 253.12 (5m) Removal of identifying information. If the parent or guardian of a stillborn human or an infant or child for whom a report is made under sub. (2) (a) decides to withdraw consent to the release of identifying information concerning the stillborn human or infant or child, the parent or guardian may request from the local health department or the stillborn human's or infant's or child's physician the form specified in sub. (5) (c). If the parent or guardian decides, after having been informed by the stillborn human's or infant's or child's physician or physician's designee of the information contained in the system under this section, and signs the form, the local health department, physician, or physician's designee shall forward the form to the division of the department that deals with public health. On receipt of the signed form, the department shall remove from the system under this section any information identifying the stillborn human or infant or child.

AB1098,10,5 (End)